Citizens Initiative for Peace

Synopsis of Police Reforms

Why is Police Reforms needed urgently?

1. To make Police function autonomous & independent, to maintain rule of law without any political interference.
2. Even as Police become independent they should not be able to misuse their power and are citizen friendly.

Background

Police reforms are the most important of all the reforms. It is only through proper policing that law & order of the state can maintained well. There is a considerable headway in this field due to Supreme Court directives.

1. The Janata Party which came to power in 1977, wanted to understand the reasons of Police brutalities and to improve its working, on 15th November, 1977, appointed a National Police Commission to have a comprehensive review at the national level of the police system after independence despite radical changes in the political, social and economic situation in the country, The Commission had eight members from Police and society.

2. The terms and reference of the Commission were wide ranging.

3. The Commission examined all issues in depth, in period of about three and a half years during which it conducted extensive exercise through analytical studies and research of variety of steps combined with an assessment and appreciation of actual field conditions.. The Commission submitted 8 reports from  February 1979 to May 1981.

4. When the recommendations of National Police Commission were not implemented, for whatever reasons or compulsions, and they met the same fate as the recommendations of many other Commissions, 2 retired DGP’s Prakash Singh & N K Singh filed PIL in the Supreme Court in 1996.

5. In addition to above, the Government of India in terms of Office Memorandum dated 20th September, 2005 constituted a Committee comprising Shri Soli Sorabjee, former Attorney General and five others to draft a new Police Act. The present Act came into existence in 1861 by Britishers, to bring to trial people arrested for the 1857 Uprising. The Sorabjee Committee has prepared a draft outline for a new Police Act (9th September, 2006).

7. The Supreme Court delivered judgement on 22^nd September 2006 giving following directions to the Central Government, State Governments and Union Territories for compliance till framing of the appropriate legislations

The Supreme Court Directives

(1) Constitute a State Security Commission to

 (i) ensure that the state government does not exercise unwarranted influence or pressure on the police,

 (ii) lay down broad policy guidelines, and (iii) evaluate the performance of the state police;

(2) Ensure that the Director General of Police is appointed through a merit based, transparent process and enjoys a minimum tenure of two years;

(3) Ensure that other police officers on operational duties (including Superintendents of Police in-charge of a district and Station House Officers in-charge of a police station) also have a minimum tenure of two years;

(4) Set up a Police Establishment Board, which will decide all transfers, postings, promotions and other service related matters of police officers of and below the rank of Deputy Superintendent of Police and make recommendations on postings and transfers of officers above the rank of Deputy Superintendent of Police;

(5) Set up a National Security Commission at the union level to prepare a panel for selection and placement of Chiefs of the Central Police Organisations (CPO), who should also be given a minimum tenure of two years

(6) Set up independent Police Complaints Authorities at the state and district levels to look into public complaints against police officers in cases of serious misconduct, including custodial death, grievous hurt or rape in police custody; and

(7) Separate the investigation and law and order functions of the police ensure speedier investigation, better expertise and improved rapport with the people without of-course any water tight compartmentalization in view of both functions being closely inter-related at the ground level.

After the order by Supreme Court, it was challenged by six states. The appeals were dismissed. Because the states were dragging their feet in implementing the Police Reforms, a monitoring committee was setup.

The court also directed that implementation of Police Reforms should not be held back by the states citing elections and they should be implemented even if elections are being conduted.

Conclusion

Overall the implementation of Police reforms is dismal except for a few states The Police Reforms constitute the most important reforms after the economic reforms. If there is improvement in the functioning of Police many problems affecting the Indian society will be reduced. There is a considerable headway due to Supreme Court directives. There has to be a greater public awareness & pressure exerted on the state govts. to implement the Police reforms.