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DETAILED ANALYSIS OF EXIGENCY FOR POLICE REFORM BY: ANSHUL PATEL
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DETAILED ANALYSIS OF EXIGENCY FOR POLICE
REFORM
AUTHORED BY:
ANSHUL PATEL
Master Of
Laws (Corporate Law) Galgotias University, Greater Noida
CHAPTER ONE
1.1.
INTRODUCTION
Once General NC Vij, Director, said, "Police
modernization in India has been hanging fire
for a long time even though challenges to India's internal
security have gone up considerably in recent years. While the police suffer from a plethora of problems, including
criminalization and politicization among other problems, neither the
states nor the centre have been willing to undertake police
reforms, but throwing
the ball in each other's
court".1
Throughout history, police have been crucial for maintaining peace and
order in various societies. They are a key part of the justice system,
responsible for enforcing laws and ensuring
public safety. The term 'police' essentially refers to state-appointed
agents who uphold the regular
criminal code to maintain law and order within a political jurisdiction. The term ‘police’
has its roots in the latin word ‘politia’
which has several
connotations including “the administration of the
commonwealth.2
Kalia (1995) defines
the terms as the system
that regulates and preserves law and order through enforcement of rules and is deemed
to be the internal government of a state.3 Police also refers
to the purposeful management and maintenance of the protection of people
and their property from the
clutches of public accidents and from criminal offences that are generated out
of unlawful activities. Policing is
also referred to the ways of managing public safety and order through
the enforcement of laws and
includes the detection and prevention of crime.4
According to the Royal Commission on Police Powers and Procedures in 19295,
a policeman is an individual remunerated to carry out acts, which, if so inclined,
they might have undertaken voluntarily. In contemporary contexts,
the term 'police'
is attributed to the executive civil force of a state, charged with the
responsibility of upholding public order and enforcing regulations for the
prevention and containment of crime.
The central mandate
of police forces revolves around upholding and enforcing laws, investigating crimes, and ensuring
the overall security
of the population within a country. In
2 Charlton T. Lewis, A Latin Dictionary, accessed
November 1, 2019, http://www.perseus.tufts.edu/hopper/text?doc=Perseus%3Atext%3A1999.04.0059%3Aentry%3Dpoliti a. 3 Sarita Anil Kalia,
Job Stress and Indian Police (New Delhi:
Discover Publishing House,
1995)
4 S. K. Ghosh
and K. F. Rustamji, Encyclopedia of Police
in India: Volume
I (New Delhi: Ashish Publishing House, 1993).
5 https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1468-2311.1929.tb00140.x
the case of a large and densely populated nation like India, it becomes
crucial for the police to be
adequately equipped in terms of personnel, weaponry, forensic capabilities, and
robust communication and transport infrastructure.
Furthermore, to execute their responsibilities effectively, police forces
require operational freedom, granting
them the necessary autonomy. Alongside this, it is essential to provide favourable working conditions, including
regulated working hours and opportunities for professional
advancement. Simultaneously, accountability mechanisms must be in place to address instances of poor performance or
misuse of power, preserving the credibility and trustworthiness of
the policing system.
Under the Constitution, police is a subject governed
by states.6 Therefore, each of the 29 states
have their own police forces. The
centre is also allowed to maintain its own police forces to assist
the states with ensuring law and order.7 However, the national
government is authorized to oversee and support police forces, contributing to the
maintenance of law and order in collaboration with the
states.
It is one of the ironies of modern India that while we are capable of
sending a mission to the moon, while
there has been a revolution in information technology, while there has been
vast improvement in the rail and road
network across the country, while we have taken a quantum leap in nuclear science, while we are
capable of firing missiles across continents, we are yet saddled with colonial
police with a feudal mindset.8
The British had introduced a colonial system of
policing based on the militaristic Irish constabulary. It was meant to exercise
dominance over the indigenous population and maintain the imperial authority of the Crown.
Unfortunately, after Independence, the politicians found it convenient to continue the system because
it enabled them to misuse and abuse the police
for their partisan
ends.
1.2.
SIGNIFICANCE OF THE STUDY
The Indian Police force is encountering numerous challenges related to
functional autonomy, serving as the
most prominent administrative entity of the Government in civil society. The general population heavily depends on a fully operational and unbiased police
system to ensure
the smooth functioning of daily life. In countries
undergoing development, such as India, the
6 Entry 2, List II, Schedule
7, Constitution of India, 1950.
7 Entry 2
and 2A, List I, Schedule 7, Constitution of India, 1950.
8 The struggles
for police reform in India
police forces often struggle to fulfill their
essential role due to insufficient training, operational accountability issues, centralized functions, a lack of
specialization, and a slow pace of modernization. Addressing these issues requires various
reforms as they are crucial
prerequisites for the effective operation
of a Police Organization in a democratic society.
Numerous initiatives have been undertaken to assess and analyze the
factors contributing to the necessary
reforms in the police department. Concrete and well-intentioned recommendations from various Commissions and Committees are
available to facilitate these improvements. Democratization, decentralization, professionalism, specialization, modernization, management orientation, and autonomy recognition
are among the methods that could
empower the Indian Police force to address the diverse challenges they
encounter. The ongoing research aims
to address these gaps and provide solutions for enhancing Police Administration and the Criminal Justice System in India.
1.3.
RESEARCH QUESTION:
1. What are
the primary factors or incidents that have triggered demands for police reform
in India?
2. To what extent does political interference impact the effectiveness and integrity of police departments, and how can it be mitigated
through reform?
3. What are the most effective mechanisms for holding law enforcement agencies
and officers accountable for misconduct?
1.4.
LITERATURE REVIEW:
9 Joginder Singh, Inside Indian Police,
(1st Ed., 2002).
10 James Vadackumchery,
The Police, The People and Criminal Justice, (2nd Ed., 1997).
1.5.
RESEARCH OBJECTIVE:
·
To examine the trespass of executive domain as a result of political interference and its aftermath.
·
To analyse other incidents
of excessive use of force and their impact on public trust.
·
To examine the current policies, procedures, and practices within the police
force to identify areas in need of reform.
·
To analyse police
training programs and curriculum to determine if they adequately prepare officers to handle various situations.
1.6.
SCOPE
The common man does not feel secure or protected--on the contrary, he may
be harassed or even persecuted by the
police it he dares take a stand against the establishment and this is a plight of present-day society. The
existing police system has failed to meet the societal requirements as a result of which it has fell short of public
confidence. The political pressure, ineffective
administration, short-comings of police reforms and many more adverse factors have created a vaccum in the executive
department of a government. This paper aims to
contemplate the existential crisis of the police system
and to inspect the factors
which are
11 Prakash Singh,
The struggle for police reforms
in India A comprehensive review of police
reform strategies,
(1st Ed., 2022).
12 James Vadackumchery,
Policing
the largest democracy: 50 years and after, (1st Ed., 1998).
fostering the futility and pursuant to that corrective
measures shall be suggested which are in best knowledge of the author.
1.7.
RESEARCH METHODOLOGY
It is to be noted that, considering the nature of research questions, it
is seen that doctrinal research would be the better approach
to finding the solution to these questions. Doctrinal research also Known as traditional research is basic library
research. It is a scientific and systematic
way to obtain a solution to a legal problem. Library research involves the
critical analysis of available literature; it also includes the study of case laws. Analyses
of the judgments of the High
Courts and Supreme Court are extremely essential in library research. From the critical evaluation of the
judgments, one can find why and how the judges have arrived at the conclusion. The critical analysis of judgments
and research articles also gives necessary clues
that help the researcher in arriving at a useful
solution to the research question.
CHAPTER TWO
2.1. HISTORY OF POLICE IN INDIA
The roots of the police
system in India
can be traced back to the early Vedic period,
as evident from mentions in the Rig and Atharva Veda
of certain crimes known to the Vedic people. The existence of security forces during the Harappan period is also
indicated. While detailed references
during the Vedic period are scarce, the Mauryan period reveals significant
features of the criminal justice
organization. Kautilya's "Arthashastra" (310 BC) serves as a treatise
on the criminal justice system,
resembling a manual for modern police. Notably, it introduces terms like DANVARIKA, ANTEVANSIKA, PRADESIKAS, MAHAMATRAS, RAJJUKAS, and
categorizes three types of police: dandpal, durgapal, and antpal.
The modern history of the Indian police dates back to the early 19th
century. The concept of a separate
regular police force, as we recognize it today, was not considered before the
British period and took time to materialize even after their
rule commenced. Warren
Hastings initiated several
police reforms in 1774, laying
the foundation for the Police Act of 1861, which
remains the cornerstone of the current police system.
In the era preceding independence, the colonial rulers prioritized
stringent control over their subjects, leading
to the establishment of an efficient police structure focused
on crime prevention and detection. The policing
model developed by the colonial state aimed not only at maintaining law and order but also at suppressing populations
to ensure the uninterrupted sustainability of colonial rule, preventing any challenges to its authority. The enactment of the Police Act of 1861 served as a mechanism
to fulfill the objectives of the colonial state. This legislation was utilized as a cover, intending to legitimize not
only the systematic oppression but also the
infringement upon the basic
rights of the people.
The Indian Police Act, 1861, conferring extensive and arbitrary powers to
the police. This legislation, unfortunately, was designed not only
to maintain law and order but also to manipulate and oppress Indians, aligning
with the divisive "divide and rule" policy. Despite the enactment of various substantive and
procedural laws like the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), Indian Evidence Act (IEA), among
others, which have adapted to the
evolving needs and circumstances of our nation, the Police Administration continues to operate under the same Indian
Police Act of 1861. Remarkably, more than a century
and a half has passed, yet the structure and mandate of the police have seen
little substantial change.
Over the course of 162 years, the functioning of the police has been
critically examined twice at the
All India level. The first examination occurred during the British regime through
the Indian Commission of 1902-03, and
the second took place in 1977 by the National Police Commission. Both assessments revealed inefficiencies in the police system, including
deficiencies in training, organization, public relations, welfare measures,
and mechanisms for grievance redressal. 13
The commission generated a total of eight reports spanning the years
1979-1981. Following this, a final
draft for a new police act was prepared, aiming to replace the existing 1861 legislation. Subsequent committees, including
the Padmanabhaiah Committee, Ribeiro Committee, and
the Police Act Drafting Committee led by Soli Sorabjee, have reiterated the recommendations outlined in the new police act.14
Nevertheless, the government did not actively put these suggestions into
action. In 1996, a former
Director-General of Police, Prakash Singh, asked the Supreme Court to instruct
both the central and state
governments to implement new reforms in Indian police organizations. The goal was to ensure that the police are
accountable, prioritizing service to the people and safeguarding their rights
in the country15 and same shall be further put forth eruditely under IV chapter.
13 "Police Reform Debates in India,"
Commonwealth Human Rights
Initiative, accessed October
17, 2019, https://humanrightsinitiative.org/publications/police/PRDebatesInIndia.pdf.
14 South Asia Human Rights
Documentation Centre, Handbook
of Human Rights
and Criminal Justice
in India (New Delhi: Oxford
University Press, 2007).
15 Prakash Singh and Ors. V. Union of India, (2006)
8 SCC 1.
CHAPTER THREE
3.1.
WHY DO WE NEED REFORM?
The
imperative for police reform in India emanates from a comprehensive
understanding that effective policing
is the cornerstone of societal security and prosperity.16 This
analysis delves into the multifaceted
goals and objectives of police reforms, followed by existing
framework and procedure of police.
However, the shortcomings and recognizing the need for a holistic transformation shall be dealt in
next chapter.
Police reforms has been on the agenda of Governments almost since
independence but even after more than 50 years, the police are seen as selectively efficient, unsympathetic to the under privileged. It is further accused of
politicization and criminalization. In this regard, one needs to note that the basic framework for
policing in India was made way back in 1861, with little changes thereafter, whereas
the society has undergone dramatic
changes, especially in the post- independence times.17
The public expectations from police have multiplied and newer forms of
crime have surfaced. The policing
system needs to be reformed
to be in tune with present day scenario and upgraded to effectively deal with the crime and
criminals, uphold human rights and safeguard the legitimate interests
of one and all.
As a police officer, the essential duty is actually serving mankind, in
order to shield property and lives,
to defend the innocent against
deception, the poor against intimidation or oppression and the tranquil against condition and
violence as well as to respect constitutional right of all males to
liberty, Justice and equality.18
3.2.
MULTIFACETED GOALS AND OBJECTIVES OF POLICE REFORMS
The foundational objective of police reform lies in ensuring societal
security and prosperity. Effective
policing is not just a matter of law enforcement but a linchpin for fostering
an environment where citizens can
thrive and contribute to the nation's progress. By maintaining law and order, the police play a pivotal
role in sustaining the delicate balance necessary for economic growth and overall societal well-being.
16 https://haryanapolice.gov.in/policejournal/pdf/police_reform.pdf
18 Siddique’s
ahmad, “Criminology” (Eastern
book company, Lucknow, 2005),
fifth edition, pp-302.
The maintenance of law and order is intricately linked to economic
growth. As India experiences
high economic growth, the role of the police in sustaining a secure environment becomes paramount. Police reforms aim to
equip the force with the necessary tools, training, and culture to navigate the complexities of a rapidly evolving
society, ensuring that economic progress is not hindered by security challenges.
The functions of the Indian Police force are diverse, with critics
arguing that outsourcing certain
tasks would allow the force to focus more on core responsibilities such as
crime investigation and theft prevention. The key features
include:
1. Adhering to and executing all lawful orders and warrants issued by competent
authorities.
2. Gathering and disseminating intelligence that affects public
peace.
3. Preventing the commission of crimes and public nuisances.
4. Investigating and prosecuting offenses
to ensure justice
is served.
5. Apprehending individuals legally authorized for arrest when sufficient grounds
exist.
Nevertheless, given recent
high-profile cases like the Jessica Lall incident,19 , and the notable Best Bakery case20, the Police force has been perceived
as ineffective. It appears to intentionally
impede investigative efforts, leading to the failure of the Police force
according to its own definition.
The Supreme Court has rightly stated that the duty of the Investigating
Officer isn’t simply to bolster up a prosecution case with that proof as might enable
the Court to capture a conviction but to draw out the real unvarnished truth.21 Another objective
of the police force is to actively
contribute to the prevention of crime. This involves police patrolling and engaging in preventive measures
against potential wrongdoers, particularly within the framework of vagrancy laws.
3.3 EXISTING FRAMEWORK OF POLICE ALONG WITH ITS DIFFICULTIES
Supreme
Court in various cases has held that, Investigation is the Sole prerogative of
Police and the Courts can direct or
monitor the investigation but cannot conduct the same. The initial
step taken by the police in commencing an investigation involves
the registration of the
19 Sidhartha Vashisht Alias Manu Sharma vs State (NCT of Delhi) ;(2010)
6 SCC 1 20 Zahira
Habibulla H Sheikh
And Anr vs State Of Gujarat
And Ors 2004) 4 SCC 158 21 Jamuna Chaudhari & Ors vs State Of Bihar
on 7 December, 1973
First Information Report
(FIR) for cognizable offenses. This report
is meticulously documented in four copies, with the authentic sheet
serving as a permanent record at the police station.
A complimentary carbon copy is provided to the complainant or informant,
and an additional copy is dispatched
to the relevant Superintendent of Police (SP)/Deputy Commissioner of Police (DCP), while copies with the
police station seal are
also submitted to the
magistrate.
The FIR encapsulates intricate details about the crime incident, delineating
the nature of the offense,
its location, the methodology employed, the identity of the perpetrator, and the affected
party. The registration of the FIR is imperative for facilitating a
thorough investigation. In instances
lacking adequate prima facie evidence, the police are empowered to file a
closure report. In a case of Lalita
Kumari v. State of UP22, the Hon’ble SC held that, the purpose of FIR is to set criminal law in motion and
it is essential as it brings stability, lawfulness and certainty in the criminal law.
Further in the process of Investigation of an offence, Chapter XII of
CrPC governs the act and conduct of the Police
department, Based on section 161 criminal process
code 1973 for goal of searching, the police are able to doubt some human being claimed to be familiar
with the facts as
well as circumstances of the situation and some such individual certain to
answer, really all questions that
is connected to this kind of situation. Nevertheless, a witness might stay away from giving that solution, which is going to
expose him to some criminal charges.
In searching a police officer is able to call writing an individual to be
a witness that seems to have knowledge
of the crime being examined
and who’s to the jurisdiction of that officer
based on section 160 criminal
process code. Section 162 criminal process codes 1973, provides that no statement made by an individual to a
police officer in the course of searching if decreased in writing, shall be signed by the individual which makes
it.
The provision shows distrust of law for the police, and that is most
crucial agency for the exploration of
crimes. The provision proves range for the police to include and/or delete something from recorded statement, in case
there’s a signed declaration, there can’t be some deviation and it’d the greater if this particular provision is
suitably amended and much more authentic which would need the individual to post the statement created
in his hands and so as
22Lalita Kumari v. Government of Uttar Pradesh
(2014) 2 SCC 1
to provide. Prohibiting signing of statement under this section supplies
scope too for the individual to
refute it later.23
In summary, the current policing system is not acceptable. It has
undermined the rule of law and hinders the development of a robust
and professional policing
system. Change is necessary. The government needs to earnestly work
towards depoliticizing the police institution before it reaches a point of irreversible decline. It is crucial to
ensure that the police are accountable solely to the
laws of the land.24
|
Uphold
political and economic stability
|
|
Suit for
democrat ic
framewo rk
|
|
Isolate
police from politicizat ion
|
|
Need for
police reform
|
|
Protect
human rights
|
|
Improve
police image
|
|
Strength
en criminal justice system
|
Source - R. K. Sharma, Charanjeev Singh, & Akshat
Mehta, "Police Reforms
in India: A Critical Appraisal," Research Journal Social Sciences 16, no. 1 (2008).
23 Pranjape, N.V., Criminology & penology (Allahabad Central Law Publication, 2017), pp-423.
24 Department related Parliamentary Standing Committee
of Home Affairs (April 2002), Eighty-Eight Report on The Demand for Grants
(2002-2003) of Ministry
of Home Affairs, Rajya Sabha Secretariat, New Delhi, p.24
CHAPTER FOUR
4.1.
THE STRUGGLE:
India's fight for police reform
is a complicated and varied task that is made worse by structural problems, historical legacies, and the need to adjust to changing
social expectations. Further
in this chapter the
government’s contribution along with Judicial contribution shall be stated in comprehensive manner and along with it the
ground implementation including the major shortcomings in existing framework of Police shall
be highlighted.
The Indian Police force is facing various challenges with regard to
functional autonomy, it is the most
visible administrative functioning body of Government in the civil society. The general population is especially reliant
on having a fully functioning police system which is neutral and accountable for
daily life to run smoothly.25
In emerging and developing countries like India, the police forces are
frequently unable to adequately
fulfil this role because of not having proper training, operational
accountability, centralization of
functions, and lack of specialization and in-adequate pace of modernization, these need to be addressed through various
reforms. These are the basic and fundamental pre- requisites for the successful functioning of a Police
Organization in a democratic society.26
The path to significant reform is still difficult, though, and calls for
striking a careful balance between
upholding the law and attending to the justifiable worries of the populace. The
fight for police reform in India is still ongoing, and in order to create a more equitable and effective policing system, legislators, law
enforcement, civil society, and the general public must work together
in an integrative way.
The prevailing organization and framework of the police in India largely
mirror a centralized form of
federalism that has been prevalent in the country. States in India
independently structure and manage
their own police services, as mandated by the constitution, entrusting them with
the responsibility of upholding law and order.
Police reforms extend beyond the confines of the police force, aiming to
improve interactions with other segments of the security
sector, including the courts, departments of corrections,
26 Ibid.
and independent authorities responsible for oversight. A harmonized
approach within the security sector is essential for a cohesive
and effective response to emerging challenges.
Further longstanding recognition of the need for police reforms in India,
tracing back almost three decades of
discussions and governmental efforts. The establishment of the National Police Commission (NPC) in 1979 marked a significant milestone, producing numerous reports
and recommendations aimed at reforming policing in the country. Despite
the NPC's efforts, none of its major recommendations found
implementation by any government.
The lack of progress prompted two former Directors General of Police
(DGPs) to file a Public Interest Litigation (PIL) in 1996, seeking the Supreme Court's
intervention to direct governments
to implement NPC recommendations. This led to the formation of the Ribeiro Committee
in 199827, followed
by the Padmanabhaiah Committee report28 in 2000. The Police Act Drafting Committee (PADC or Soli
Sorabjee Committee) also played a role in drafting a new model police bill to replace the colonial-era 1861
Police Act.
4.2. GOVERNMENT
INITIATIVE TOWARDS POLICE REFORM: GORE COMMITTEE ON POLICE TRAINING 1971 – 197329
The Gore Committee on Police Training was set up to go through the
training of the State Police
from constabulary level to ISP level. The Committee made 186 recommendations, forty- five of those
associated with police reforms. The suggestions which relate with the police training has normally been implemented,
nonetheless, the reforms concerning the framework of the police system has on the additional hand been ignored.
Sailent features of such committee are listed below;
1.
Training Principles as well as Goals
The objectives of police officer training programs revolve around
instilling expertise, enhancing
professional skills, and fostering appropriate attitudes for their roles and interactions with the public.
These programs should strive to cultivate effective
leadership that contributes to the swift transformation of an economically underdeveloped society into a secular,
modern, and technologically advanced community marked
by social justice
and equal opportunity. Training endeavors to
27 https://humanrightsinitiative.org/programs/aj/police/india/initiatives/analysis_ribeiro.pdf
28 https://humanrightsinitiative.org/programs/aj/police/india/initiatives/summary_padmanabhaiah.pdf
29https://police.py.gov.in/
nurture positive attitudes, enhance analytical and technical
capabilities, and encourage initiative and the
ability to innovate in order to achieve the organization's
objectives.
2.
Training of Constables
Implement a six-month pragmatic constable training system in the state,
emphasizing consistent maintenance of
observation notebooks. Conduct training at medium-sized police stations, with monthly progress
reports submitted by the overseeing Sub Inspector to the Deputy Superintendent Training.
Constables, upon concluding practical training, must submit reports to the Inspector
General, Training, outlining strengths
and weaknesses for evaluation of potential service termination or probation extension.
3.
Training Of Armed Police
Armed police personnel require proficiency in tools, duties, physical
toughness, and teamwork. New
nine-week syllabi for Sub-Inspectors and Constables, along with a four-week orientation for officers transitioning from civil to armed police,
address these aspects.
4.
Police Citizen
Relationship
The Gore Committee, led by Professor Gore, emphasized the utmost
importance of training police
personnel to equip them professionally and instill positive attitudes in their interactions with the public.
This focus aims to transform
society from an economically
disadvantaged state into a secular, modern, technologically advanced community
characterized by social
justice and equal opportunity.
NATIONAL POLICE COMMISSION (NPC) (1977–1981)
In 1977, the Government of India established the National Police
Commission (NPC) with comprehensive
terms of reference encompassing the police organization, its role,
capabilities, accountability,
public relations, political interference, misuse of powers, and performance evaluation. This was the inaugural
national-level commission appointed post-Independence. Over the period between 1979 and 1981, the Commission issued
eight reports proposing extensive
reforms for the existing police structure. The following recommendations are
culled from various NPC reports,
1. Conducting
a judicial inquiry in cases of custodial rape, death, harm, and police firing fatalities was proposed by the
NPC. The interference of politics in police affairs
led to significant abuses of power, prompting the NPC to recommend
measures to confine
this influence to overarching policies
and ensure police
conduct aligns with the law.
2. Additionally,
the NPC suggested initiatives to enhance police sensitivity to the concerns of marginalized societal
segments. An essential amendment to Section 154 Cr.P.C.
was proposed, making it mandatory for any police
station to register
an FIR, irrespective of
jurisdiction, and subsequently transfer it to the relevant station if needed.
3.
To address concerns
about coercive police methods, the NPC advocated
for measures to diminish the use of third-degree tactics.
Furthermore, the report
recommended a phased
elimination of recruitment, except for the IPS and constable levels.
4.
In an effort to modernize policing, the NPC proposed
the replacement of the outdated Police
Act of 1861 with a new legislation. This new act would not only revise
the system of police supervision and control but also expand the police's
role to function as an agency
promoting the rule of law and delivering impartial service to the community.
Regrettably, most of the NPC's recommendations remain unimplemented.
RIBEIRO COMMITTEE REPORT
In 1996, two former senior
police officers, referred
to as "the petitioners," filed a public interest case in the Supreme Court, urging the
Court to direct the Indian government to implement the recommendations of the National Police
Commission.30 Responding to the Court's
instructions in May 1998, the
government established the Ribeiro Committee. The Committee's
mandate included reviewing actions
taken to implement the recommendations of the National Police Commission, the National Human Rights
Commission, and the Vohra Committee. It was tasked with suggesting methods
to implement pending
recommendations and proposing
additional measures deemed
necessary.
Responding to the petitioner's plea, the Supreme Court instructed the
Committee to scrutinize the steps
taken to implement the National Police Commission's recommendations. The Court specifically sought recommendations on the
establishment of State Security Commissions (or Police Authorities), procedures for appointing Police
Chiefs (with a focus on transparency,
30 Vide Office Memorandum No.11018/1/98-PMA dated
May 25, 1998.
merit-based promotions, and fixed tenures), and the separation of police
functions between investigation and
maintaining law and order. The Committee issued two reports – the first, addressing specific concerns outlined by
the Supreme Court, was released in October 1998, while the second, a more comprehensive report, was made public in March
1999.31
SOME OF THE MAJOR RECOMMENDATIONS WERE;
Legislation Replacement
-
Urgently replace the outdated Police
Act of 1861 with new legislation. State Security Commission
-
Disregard the National
Police Commission's proposal
for a union-level State Security
Commission.
-
Follow the Supreme
Court's directive to establish the Central Bureau
of Investigations.
Central Mechanisms
-
Avoid subjecting organizations like the Intelligence Bureau, Border Security
Force, and Central
Reserve Force to a central
policing bureau.
-
Have the Central
Police Committee counsel
the central government.
Investigations
-
Swiftly implement the separation of investigative and law & order functions
of the police based on the
Law Commission's recommendations.
Recruitment and Training
-
Execute the National
Police Commission's proposals
for the welfare, training, and recruitment of the
constabulary.
- Raise the minimum educational qualifications for Constable
recruitment to higher
secondary school level.
- Establish Independent Police Recruitment Boards in every state to handle the recruitment of all non-gazetted ranks.
31 Committee’s Report, paras.55&56, pp23-24.
PADMANABHAIAH COMMITTEE32
The committee submitted
its report in 2000 and made over 240 recommendations.Out of these, 23 recommendations were not accepted.
These related to IPS officers’ age of entry, police commissioner’s system in cities, compulsory retirement to those not empanelled as DIG, etc.
In the year 2000, the Ministry of Home Affairs appointed Shri. K.
Padmanabhaiah, a former Union Home Secretary, to lead an examination of various aspects
of the police force, including recruitment, training, responsibilities, duties, conduct of police officers,
prosecution, and police
investigations. The Committee put forward ninety-nine actionable
recommendations, with fifty-four to be implemented by the Central
Government and sixty-seven by the State Governments.
The focus of the Committee's extensive analysis centered on addressing the issues
of criminalization, politicization of the police,
and enhancing police
accountability. This
The Padmanabhaiah Committee, formed in 2000 by the Ministry of Home
Affairs and led by former Union Home
Secretary Shri K. Padmanabhaiah, conducted a thorough review of the national security system, with a specific
focus on the police force. The committee scrutinized various aspects, including recruitment, training,
responsibilities, duties, conduct of police officers, prosecution procedures, and police
investigations.
In the area of recruitment, the committee examined the existing
processes and criteria for hiring police
personnel, seeking opportunities to enhance efficiency. The evaluation of training programs aimed to identify ways to
improve methodologies and ensure better preparedness among police officers.
Roles and responsibilities of the police
force in maintaining law and order were analyzed, with recommendations made to align
these duties with evolving security
challenges. The conduct
of police officers came under
review, leading to suggestions for guidelines and mechanisms to uphold
ethical standards.
With
a total of ninety-nine actionable recommendations, the committee
emphasized the implementation of fifty-four by the Central
Government and sixty-seven by State Governments. It particularly addressed key issues
such as the criminalization and politicization of the police
force, emphasizing the need
for measures to enhance
police accountability.
The committee also delved into the procedures related to the prosecution
of cases involving police officers,
proposing reforms to ensure a fair and transparent legal process. In summary, the Padmanabhaiah Committee played a
crucial role in identifying areas for improvement within the national
security system, providing a detailed roadmap
for reforms within
the police force at both Central and State levels.
MALIMATH COMMITTEE33
In the aforementioned context,
the Malimath Committee
appointed by the Government of India (2003) made a series of recommendations
to fit the target back at the centre of criminal proceedings through a compilation of actions designed to
encourage him and the court. These include:
(i)
The victim, and in case he’s old, his legal
representative shall have the ideal to be impleaded
as a party in every criminal proceeding where the offence is actually punishable with 7 years’ imprisonment or
even more. In select cases to be notified by Government, this right may possibly be given to recognized voluntary businesses as well,
(ii)
The victim has a right to be represented by an
advocate of his choice; an advocate shall be provided from the cost of the state in case the target isn’t in a place to afford a lawyer.
(iii)
The victim’s right to get involved in criminal trial shall, inter alia, include
the ideal to offer evidence, to place thoughts to
witnesses with the leave of the court, to be
informed of the health of searching, to move court to ensure proper
investigation, to be heard on issues
relating to bail and withdrawal of prosecution, to advance argument
following the prosecutor has submitted the arguments of his, as well as to take part
in settlements of compoundable offences.34
(iv)
The target shall have a right to favor an appeal against
any adverse order passed by the
court acquitting the accused, convicting for a decreased offence, imposing insufficient sentence, or granting inadequate compensation.
(v)
Legal services can include psychiatric and medical help, interim compensation, and protection against secondary victimization.
(vi)
The target compensation law is to be created
by Parliament, which will provide
for the construction of a
victim compensation fund to be administered perhaps by the Legal Services Authority. The law should
provide for the scale of compensation in different offences for the assistance of the court.
The Malimath Committee
emphasized the importance of specialized and professional investigation of crimes, stating
that it requires
patience, training, and clarity on the legal aspects of specific offenses. The committee noted that police agencies often lack the necessary specialization and professionalism for effective investigations. Citing a National
Police Commission report,
it revealed that,
on average, Investigation Officers were only able to devote 30% of their time to investigative work
due to other duties. Consequently, the Malimath Committee recommended the bifurcation of the police force to
address these challenges.
SOLI SARABJEE COMMITTEE
In pursuance of the Supreme Court’s directions issued in the context of
Writ Petition35 the Ministry of Home Affairs,
Government of India, set up one more committee of Experts, under
the Chairmanship of Dr.
Soli J. Sorabjee, in October 2005 to
draft a new Police Act that could
meet, inter alia, the growing challenges to policing and to fulfil the
democratic aspirations of the people.36
This Committee is also known as, The Soli Sorabjee Committee or The Police Act Drafting Committee (PADC).
The PADC submitted its Model Police Act, 2006 to the Home Minister on 30
October 2006. The proposed
Act has 16 chapters, consisting, in all, 221 sections. In drafting the Model Police
Act, the Committee was guided by the need to have a professional police
‘service’ in a democratic society,
which is efficient, effective, responsive to the needs of the people and accountable to the Rule of Law.
The Act provides for social responsibilities of the police
and emphasizes that the police
will be governed by the principles of
impartiality and human rights norms, with special attention to the protection of weaker sections
including minorities.37 It also contains
a provision that the
35 (Civil) No. 310
of 1996.
36 Available at http://www.humanrightsinitiative.org/old/index.php?option=com_
Shri Ajay
Raj content &view=article&catid=35%3Apolice-reforms&id=600%3Athe-police-act-drafting-committee&Itemid=98. (Last visited
4th December, 2023)
37 Preamble of The Modern Police Act, 2015
composition of the police will reflect social diversity.38Till
today there are 17 states39 passed
new laws or amended their existing laws in
light of this new model law.
4.3.
EXAMINING THE
JUDICIAL IMPACT: A CRITICAL EVALUATION OF PRAKASH SINGH V/S
UNION OF INDIA AND THE SUPREME COURT DIRECTIVES (2006-2007).
Committee and commission reports are just one part of the ongoing efforts
for police reforms in India. Equally
important are judicial decisions, such as Vineet
Narain v. Union of India40 and
Prakash Singh v. Union of India41.
These cases highlight the challenges faced by the police due to political and bureaucratic obstacles, emphasizing
the need for restructuring. The first case focuses on the struggles of CBI and revenue officials, shedding light on broader issues
within the police system. The second case critically examines the
non-implementation of recommendations
from various committees and commissions related to police restructuring and changes
in crime investigation methods.
VINEET NARAIN V. UNION OF INDIA
This case originated from a Writ petition addressing issues related to delays and disruptions in investigations
conducted by the Central Bureau of Investigation
(CBI) and the Revenue Department. These central agencies faced
challenges in fulfilling their investigative duties concerning serious offenses, allegedly involving influential
political figures. The offenses came
to light following the discovery of the "Jain Diaries" during CBI raids.
The case implicated certain
terrorists receiving financial support through illegal
means, including tainted
funds obtained through 'havala'
transactions.
The revelations exposed a network involving politicians, bureaucrats, and
criminals who received money from
unlawful sources for illegal considerations. Despite this, the CBI and other government agencies failed to
thoroughly investigate the matter and bring it to trial, leading to the prosecution of all involved individuals.
Allegedly, this failure was driven by a desire to protect
influential individuals within the political and bureaucratic realms.
In response, the Supreme Court emphasized the urgent need for State Governments to establish necessary mechanisms. It directed
the Central Government to engage with State Governments,
38 Available
at https://mha.gov.in/sites/default/files/Press_Brief_Oct_30_0.pdf
39 Assam, Bihar, Chhattisgarh, Gujarat, Haryana, Himachal
Pradesh, Karnataka, Kerala,
Maharashtra, Meghalaya,
Mizoram, Punjab, Rajasthan, Sikkim, Tamil Nadu, Tripura,
Uttarakhand
40 AIR 1998 SC 889
41 (2006) 8 SCC 1.
ensuring the establishment of a framework for the selection, appointment, tenure, transfer,
and posting not only of the
Chief of the State Police but also of all police officers holding the rank of Superintendent
of Police and above.
PRAKASH SINGH V. UNION OF INDIA
Despite these efforts,
on-ground improvements and the implementation of committee recommendations remained minimal. It was only in 2006, a decade
after the PIL was filed, that the Supreme Court, in the Prakash Singh
case42, delivered a decisive verdict. The Court mandated reforms and directed states and
union territories to comply with seven binding
directives, consolidating various improvement strands initiated since
1979. The directives aimed at
jumpstarting reform, requiring immediate implementation through either
executive orders or new
police legislation.
The Supreme Court
also instructed state
governments to set up the Police Establishment Board and the State
Security Commission. These entities would be responsible for handling matters like postings, promotions, and transfers. Additionally, the directive emphasized the establishment of a
'police complaint authority' to address complaints against police officers or the police organization itself.43
In this instance, the Supreme Court
identified an urgent
need for State Governments to establish the necessary mechanisms for police
reforms. The court directed the Central Government to engage with State Governments and ensure the establishment of a framework
for the appointment, tenure, transfer, and posting of not only the Chief
of the State Police but also all police
officers holding the rank of Superintendent of Police and above. Recognizing
that political control not only
demoralizes the police force but also leads to the politicization of personnel, the court emphasized the importance of prompt measures
by the Central Government.
While awaiting the enactment of new legislation, the court provided specific guidelines for the government to follow.
THESE GUIDELINES ARE OUTLINED BELOW:
State Security
Commission
The Court mandated that every State establish a State Security
Commission, presided over by either the Chief Minister
or the Home Minister, with the DGP serving as the ex officio
42 Supra FN 12.
43 Ibid.
Secretary. The primary role of the Security Commission was to guarantee
the impartial and effective
functioning of the State police, free from undue external influence. Another
function of the Commission is to
evaluate the performance of the police structure, and then submit its report before the State legislature. The
criteria according to which other members of the Commission were to be selected will depend on either of the models
prescribed by the National Human
Rights Commission44 Ribeiro
Committee.45
Police Establishment Board to determine the service conditions of police officers
To address matters such as transfer, promotion, postings, and related
issues below the rank of Deputy Superintendent of Police, the court deemed it necessary
to institute the Police Establishment Board. This board,
consisting of the DGP and four other
senior officials, would
serve as the appeal forum for transfer and postings concerning officials
above the rank of Superintendent of
Police. Additionally, the proposed Board would play a role in deciding the transfer
of senior officials.
Police Complaints Authority
The court deemed it necessary
to institute Police
Complaint Authorities at both the district and state
levels. The District Level Authority, led by a retired District Judge, would
address complaints against police
officers up to the rank of Deputy Superintendent of Police. On the other hand, the State Level Authority,
headed by a retired Judge of the High Court or the Supreme Court, would handle complaints against officers of the
rank of Superintendent of Police and
above. These Authorities may be assisted by three to five members to be
selected by the State Government from
a panel comprising of retired civil servants, police officers or officers
from any other department, or
from the civil society.46
To ensure their effective operation, the Authorities were provided with
the services of regular staff for
conducting field inquiries. They could also enlist the specialized expertise of
retired investigators from the CID, Intelligence, Vigilance, or other organizations. The State-level
44 The NHRC recommended that the Chief Minister or the
Home Minister should be the Chairman of the Commission,
with the DGP as ex-officio Secretary. The other members of were to include the
Lok Ayukta or, in his absence, a
retired Judge of High Court to be nominated by Chief Justice or a Member of
State Human Rights Commission. The
other members were to be a sitting or retired Judge nominated by Chief Justice
of High Court, and also the Chief Secretary, Leader of Opposition in Lower House.
45 The Ribeiro Committee suggested that the Commission
should be headed by the Minister-incharge of the state police, and the DGP as the Secretary, while the other members
included the Leader of Opposition, or a sitting or retired Judge of the High Court so nominated by the Chief
Justice; the Chief Secretary, and three non-political citizens of proven merit and integrity
46 The panel was to
be prepared by the State Human Rights Commission or the Lok Ayukta or the respective State Public
Service Commission
Complaints Authority would only address
allegations of severe misconduct by police personnel, including cases involving
death, serious injury, or rape in police custody. The district-level Complaints Authority, in addition to the mentioned
cases, may also investigate allegations
of extortion, land/house grabbing, or any incident involving a serious abuse of authority. The recommendations of the
Complaints Authority, both at the district and State levels, concerning any action, whether departmental or criminal,
against a culpable police officer, must be
adhered to by the relevant authority.
National Security
Commission
A National Security Commission was proposed to be constituted, which
would be entrusted with the task of
upgrading the effectiveness of the police forces, and improve the service conditions of its personnel. It would also
look into effective measures to ensure that there is proper coordination between the police forces of different
states, so that resources can be utilized
for the purposes of national security. The National Security Commission could
be headed by the Union Home Minister
and comprise of heads of the Central
Police Organisations, and other security
experts as members with the Union Home Secretary as its Secretary
Certainly, the police force has expanded in size and undergone
improvements in equipment and education, suggesting a potentially enhanced level of training. However,
these advancements alone are not sufficient. The challenges confronting the police since independence have multiplied and grown more intricate. Factors
such as a burgeoning population, industrialization, modernization,
digitalization, terrorism and cybercrimes.
CHAPTER FIVE
5.1.
POLITICAL INTERFERENCE AMIDST POLICING
Political interference in the functioning of the police is often cited as
a reason for the decline in law
enforcement in the country. The National Police Commission noted that after
India gained independence in 1947,
the police, once under British rule, now had to navigate the influence
of political parties
operating within the democratic framework outlined in the Constitution. Initially, things worked well due to positive influences from enlightened political
leadership.
However, over the years, there was a change in the style of politics. The
initial dedication to the freedom
struggle and the associated ideals of sacrifice waned, giving way to new
political behaviors. Politics
became more of a career for some, and vested interests grew on both the political and service sides. What began as
a normal interaction between politicians and the services for better administration eventually turned into
various forms of interference with malicious intent, unrelated to public interest.
The relationship between the political party in power and the civil
services, including the police, was
also affected by the strategies employed by opposition parties that relied on continuous agitation to establish their
political presence, especially before elections. This involved the use of strongmen
and disruptive elements
to influence the attitudes and behaviors of significant
portions of the electorate.
A news report from August 5, 1978,
talked about elections in Bihar. It highlighted that the elections, like others in the recent past, showed that Bihar
faced challenges as long as politics continued to be based on caste and gangsterism (criminal activities). The Minister of Agriculture, Mr. Kapildeo Singh,
openly admitted in the Assembly
that he supported gangsters and criminals to win elections, as long as the existing
system of fighting
elections remained the same. He stated that it's a well-known fact that politicians, regardless of their
party affiliations, seek support from anti-social elements
for elections, even though they may not admit it publicly.
The first major event in this context was the proclamation of emergency47
and the subsequent unbridled misuse
of authority by a person in power for self-aggrandisement. This was the period when the culture of sycophancy reached
its peak when the police
and bureaucracy
47 The period of Emergency is known as the Indian democracy’s darkest
interval.
became absolutely supine and started
crawling before its political masters.
The unashamed and unfettered
misuse of the police during this period which prompted the government that came to power at the centre after the Emergency
to appoint the Shah Commission of Inquiry48. The Shah Commission found enormous evidence
regarding the atrocities committed by the Police during Emergency. In its report, the Shah Commission told the
government: “employing the police to
the advantage of any political party is a sure source of subverting the rule of
law49 and asked the
central government to take measures to insulate the police from illegitimate political
and executive interference”.50
Arresting and releasing on bail individuals involved in offenses, followed by their prosecution in court, grab political attention. This creates a connection between
elected representatives and the
police officers in charge of local police stations, where local influential
figures often get involved. This
connection paves the way for corruption and other wrongdoings, as the police and politicians
collaborate.
Due to the agitative stance of some political parties, activities like
protest demonstrations, public
meetings, processions, politically motivated strikes in industries, sit-ins,
and political and social events have
become a common part of political life in the country. The police are increasingly involved in handling the resulting law and order issues.
The entry of criminals facing legal action into State and Central
Legislatures adds to the challenges
faced by the police. The ruling party expects the police to handle such
situations with a political
perspective, and suppressing dissent has become an implicit goal of the police system.
A significant portion
of the police's time is spent on law and order tasks,
which mainly involve
dealing with street
situations to satisfy the ruling
party.
Unfortunately, this means that individual crimes affecting citizens, such
as property loss or threats to
physical security, are increasingly neglected. Police assignments are often
based on the proximity of the
officials to political leaders. As a result, many officials become closer to the political party in power and farther
from the general public. Since most law and order situations have political
implications, the ruling party becomes accustomed to directly
48 The Shah Commission of Inquiry was appointed
by the new Government that came to power
after the Emergency was lifted to inquire in to excesses committed by
the state authorities on citizen during the Emergency.
49 Shah Commission of Inquiry,
1978, Interim Report, p.142
50 G.P. Joshi, Policing in India Some Unpleasant Essays,
1st edn, (Atlantic Publishers & Distributers (P) Ltd.,
2013.), pp.15-23
influencing police actions in these situations. This results in
significant misuse of the police machinery at the
behest of political institutions.
Police is also used for gathering political intelligence which is used in countering the strategies of the opposition parties. Considering
that the police are no more neutral in their operations and can do affect political developments, it is little wonder
that the politicians are interested in maintaining an unfettered control over this apparatus.51
A study conducted in 1978 by the Indian Institute of Public Opinion52,
commissioned by the Home Ministry
to assess "The
Image of the Police in India," revealed
the following findings:
1.
The public perceives political interference as a
significant factor contributing to the negative
image of the police. This interference is evident in the misuse and abuse of police powers, as well as the police disregarding the law.
2. People view
political interference in police work as a more significant issue than corruption within the police force.
3. The impact of political
interference is more noticeable in rural areas compared to urban areas.
Transfer or suspension of officials are often used as tools to make them comply
with the wishes
of political leaders. This is a common practice among various political
parties, and it involves promising
career advancement and favourable treatment in service matters if the demands
are met, or resorting to
humiliating treatment in service matters if resistance is shown. While it is challenging to punish a police officer
with statutory punishment without proper grounds and procedures, it is relatively easy to subject them to
administrative actions like transfer or suspension based on alleged complaints taken up for investigation.
The threat of transfer or suspension is a powerful tool for politicians
to control the police. Political leaders
frequently order transfers
of police personnel
even when such transfers are not justified on normal administrative
grounds. This leads to hardships, loss of morale, and disruptions in the chain
of command within
the police force.
The politically motivated
transfers can seriously harm discipline and
overall effectiveness.
51 Arvind Verma,
The Indian Police
A Critical Evaluation, 1st edn, (New Delh: Regency Publication, 2005), pp.76-77, 164-165
52 Bell, D.J. (1979).
Police and Public Opinion.
Journal of Police Science
and Administration, 7 (2),.
196-205.
5.2.
REPERCUSSIONS OF POLITICAL INTERFERENCE
When external sources,
especially politicians, interfere
with the police
system, it makes
police personnel believe that
their career progress doesn't depend on how well they do their job. Instead, they think it's based on winning favor with influential politicians. Engaging in political activities and building connections outside the police
system becomes important
for an average police
officer. Spending time deliberately cultivating relationships with a few
individuals in politics takes away from their regular duties, harming their overall
performance.
This process sets the police
system on a path of decline and ineffectiveness. Besides
the decline in the quality of police service from the
public's perspective, external pressure from political and other sources immediately harms the control system and
weakens the usual chain of command
needed for maintaining discipline and the overall health of the system.
Interference at the operational
level of police stations and circles leads to bypassing supervisory officers in the hierarchy.
Here are different ways in which political interference impacts
the police:
1. Deciding whether
to arrest someone
under investigation.
2. Purposefully handcuffing someone in police
custody to embarrass them.
3. Deciding whether
to release a person on bail
after their arrest.
4. Withholding important evidence discovered during
police searches.
5.
Deciding who to include or exclude in the chargesheet
presented in court after an investigation.
6.
Assigning or not assigning
police forces to areas where
trouble is anticipated to influence a situation
in favor of one party.
7. Filing false criminal cases against political figures to achieve
political goals.
8.
Using discretionary enforcement of the law, especially
in public order situations, to favor
the ruling party and deal harshly with those opposed to
it.
9. Taking individuals into preventive custody
to prevent them from engaging
in legitimate political activities against the ruling
party.
10. Manipulating police intervention by exaggerating a non-cognizable offense
or engineering a false
complaint to gain an advantage over another party in a situation outside
the normal scope of police action.
11. Creating biased
intelligence reports to facilitate action
against a political
opponent.
CHAPTER SIX
6.1.
CONCLUSION
The police system and administration in India have a long history, dating
back to ancient
times, characterized by local
responsibility and mutual cooperation. Over the years, societal changes and invasions influenced the police
system, transitioning from the ancient to the medieval period and then to the British period.
However, it was during British
rule that the Indian police
system underwent significant transformation, leading to the
establishment of a uniform police system across the country.
During British rule in India, the police were often used to suppress
civil rights and liberties of native
Indians and freedom fighters,
leading to brutalities. Recognizing the need for safeguards, the framers of the Indian Constitution, many of whom were
freedom fighters, ensured that the police
system established under the Indian Police Act, 1861, would have proper
protections. The Indian Constitution
includes explicit provisions under Fundamental Rights in Part III to safeguard
citizens against police atrocities.
The judiciary, as the guardian of the Constitution, has played a vital
role in restoring and redefining the
role, duties, powers, and responsibilities of the Indian police. This includes evaluating the criminal justice
system's performance, identifying weaknesses, examining administration functionaries, and
suggesting necessary changes to ensure efficient, scientific, and dignified policing for all citizens.53
The judiciary uses judgments, rules, regulations, guidelines, and
directions as measures to reform the
police system. However, constitutional mandates limit judicial review, as the authority for making laws is vested in the
legislature. In India's federal structure, both the Central and State governments bear the responsibility for reforming the police system.
The criminalization of politics and politicization of the police in India
have led to significant problems.
There's a pervasive belief that the Indian police primarily serves political
elites and those in power, rather
than the general public. Additionally, the inadequacy of the police and internal security system poses a challenge
in effectively addressing terrorism. The lack of training, equipment, intelligence, and manpower, largely
attributed to a lack of political will,
53 S. K. Chaturvedi, Role of Police in Criminal
Justice System, 1st edn, (Delhi:
B. R. Publishing Corporation, 1996), p-99,100.
is evident in recent incidents such as the suicide bombing in Pulwama
that targeted CRPF troopers.
6.2.
SUGGESTIONS
The research, which involved analyzing the law's scope in reforming the
police system, has uncovered various
challenges and provided
new insights that require immediate attention. The following suggestions are put forward with the expectation that they will significantly contribute to reforming our police system
to align with the current
societal needs and fulfill the constitutional mandate.
1. It's urgent to replace
the outdated Police
Act of 1861 with a new one. Additionally, the Model
Police Act of 2006, updated in 2015, should be revisited to better address the current
challenges in society.
2. It's
important to separate the investigation wing from law and order maintenance.
This way, a specialized crime
investigation team can more effectively apprehend criminals, while
the law and order wing focuses on its duties.
Connecting the special
investigation wing with the
court's prosecution wing can
enhance overall results.
3.
To break the connection between politics, criminals,
and the police, a solution is to establish the police as a constitutional body. This would make it autonomous, accountable, transparent, and respected, similar to the Election Commission of India.
4.
The Supreme Court's directions in Prakash Singh
should be promptly
implemented, and a committee established by the Central
Government and Supreme
Court should oversee
this process.
5. Many commissions and committees have focused on reforming the police and criminal justice
system in India, providing valuable
recommendations. Unfortunately, politicians have neglected these reports.
It is essential to revisit and act upon these
suggestions to reform the Indian police system.
BIBLIOGRAPHY:
PRIMARY SOURCES:
Statutes:
1. The Constitution of India.
2. The Police
Act, 1861.
3. Indian Penal Code, 1860
4. Code of Criminal Procedure, 1973
5. Indian
Evidence Act, 1872
6. Model Police
Act, 2006.
Books:
1. National Police Commission, Issues for Rethinking by James Vadackumchery.
2. The Struggle for Police reforms in India
by Prakash Singh.
3. Inside Indian Police by Joginder Singh
Judgment:
1. Prakash Singh & Ors. vs. Union of India
and Ors.: ((2006)
8 SCC 1.)
2. Vineet Narain
v. Union of India. (AIR
1998 SC 889)
3. Sidhartha Vashisht
Alias Manu Sharma vs State (NCT of Delhi):
(2010) 6 SCC 1.
4. Zahira Habibulla H Sheikh And Anr vs State Of Gujarat And Ors 2004) 4 SCC
158
Committee Report:
1. Committee on Reforms of Criminal Justice
System, 2003.
2. Gore Committee
on Police Training
3. National Police Commission (NPC
4. Ribeiro Committee
Report
5. Padmanabhaiah Committee
6. Malimath Comittee
7. Soli Sarabjee
Committee
Article Information
DETAILED ANALYSIS OF EXIGENCY FOR POLICE REFORM BY: ANSHUL PATEL
Authors: ANSHUL PATEL
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/06/27
- Issue 7
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