POLICE REFORMS, History and evolution of Indian Police System

POLICE REFORMS

Introduction

Police is that part of administrative machinery which primarily deals with the maintenance and preservation of law and order. As per Black's law dictionary, Police is "The function of that branch of the administrative machinery of government which is charged with the preservation of public order and tranquillity, the promotion of public health, safety and morals, and prevention, detection, and punishment of crimes."

Background of the policing system in India

• In ancient India policing was concurrent with the institution of religion, community, and ethics. There are many ancient texts which have glimpses of policing system in India e.g. Arthashastra mentioned city policing organizations.

• In the Medieval period, the police system evolved slowly and steadily with the Sultan as head of the power and political activity whereas the Kotwal was the head of the police.Chowkidar was entrusted with the maintenance of village peace and order in lieu of payment made out of the share of the crops.

• In the colonial period after the revolt of 1857 Britishers realized the need for the civil police force to maintain peace and tranquillity so in 1860 they appointed a police commission that recommended the abolition of military police and the formation of the civil police force. It led to the passage of the police act of 1861 which is the foundation of the present policing system in India.

Constitutional Stand

Under the Seventh schedule of the Indian constitution police, public order, prisons are state subjects which implies that state governments will govern the police system in their respective states and hence every state has its police laws. This does not mean that the union government does not have any say in police governance. Article 355 of the Indian Constitution gives responsibility to the union to protect every state from external aggression and internal disturbance.

Police functioning and hierarchy

• The Police act of 1861 is a basic governing instrument of the Indian Police system besides the Indian Penal Code 1862, The Evidence Act 1872, and the Criminal Procedure Code of 1973.

• Under the police act, the Inspector General (now designated as Director General of Police) is the head of state police. A group of the district is called Range which is headed by the Deputy Inspector General of Police. In some states, two or more ranges are collectively called zone which is headed by the Inspector General of Police.

• Districts are headed by the Superintendent of Police. Districts are divided into sub-divisions where an officer of deputy SP rank heads the police. In every subdivision, there are numerous police station which is a basic unit of police administration in the district and is generally headed by a sub-inspector or Inspector(depending upon size, population, and volume of crimes of the area).

Police reforms and why it is necessary...?

• In the last few decades, the crime rate in India has witnessed steep growth. according to National Crime Record Bureau(NCRB) data, cognizable crimes have increased by 63%, under special laws and crimes under local laws have gone up by 73%

• There is a huge gap in India in police to population ratio, United Nations recommended standard is 222 police per lakh persons whereas India's sanctioned strength is 181 Police per lakh persons. After adjusting for vacancies, the actual police strength in India is 137 Police per lakh persons.

a) Earlier initiatives

• Post-independence Kerala set up the first police reform committee in 1959. After this many states appointed police reform commissions for example West Bengal in 1960-61, Punjab in 1961–62, Tamil Nadu in 1971, etc.

• Gore Committee was set up in 1971 for police training and later national police commission between 1977–1981 submitted its report and recommended several reforms and a model police act. But major recommendations of NPC were not adopted by any government.

b) Judicial intervention – landmark cases

• In 1998 the Supreme Court of India set up the Riberio committee to review the action taken on the recommendation of the national police commission.

• In 1996 retired DGP filed a PIL in the Supreme Court popularly known as Prakash Singh versus Union of India case is a landmark case in this regard. After hearing for 10 long years Supreme Court in 2006 pronounced its verdict with seven directions(One for union government and six for state government).

 What needs to be done...?

• In 2014 Prime Minister Modi unveiled the SMART Police vision-police which should be strict and sensitive, modern and mobile, alert and accountable, reliable and responsible, techno-savvy and trained.

• For SMART Police, reforms are needed in three fronts:-          

1. Improvement in infrastructure and capacity building of police forces.
2. Re-visiting the Constitution of police forces in the country through legislative/administrative changes.
3. Technological scaling up.

Infrastructure improvement and capacity building

It includes improvement in recruitment, Training, and service conditions besides increasing the number of police personnel on one hand and revamping the infrastructure, working hours, and housing facilities on the other.

Legislative reforms

It provides enactment of the organized crimes act, measures regarding registration of crimes, Commissioner rate system for large areas, revival and strengthening of the beat constable system, and some changes in criminal procedure and evidence system.

Administrative reforms

It includes separation of investigation from law and order (S.C. directive in Prakash Singh case), Specialised wings for social and cyber crimes, strengthening state machinery, and restricting the police to core functions.

Technological scaling 

This refers to the control room organization, fast-tracking the Crime and Criminal Tracking Network and System (CCTNS) pushing for the National Intelligence Grid (NATGRID), and pushing for the incorporation of new technology into policing.

In addition to the above-discussed areas strengthening of CBI is also important. Ensuring greater autonomy and filling of vacancies or needs of the hour

Government initiatives

In 2017 government of India approved an umbrella scheme named "Modernization of police forces" which covers police modernization and security-related expenditure and central sub-schemes such as the CCTNS project and the prison project.

In to combat left-wing extremism government of India 2015 approved a National Policy and Action Plan, which includes a multipronged approach covering areas of security, development, ensuring rights and entitlement of tribals/local communities, and perception management.

To sum up

India being a fast-growing economy needs a safe secure environment from imminent dangers like terrorism, left-wing extremism, cyber crimes, and law and order issues which can be achieved through strong and efficient police for internal security. A review of the Police governance framework, the legal setup, and the issue ailing the police force – all call for making police reforms one of the greatest priorities for the country.

-Raghu Nandan Singh.