Reforming the Police and Policing

Reforming the Police and Policing
Saumitra Mohan

While we have all felt all along the need for a strong, independent and sensitized police force for better enforcement of the law of the land and for protection of the hoi polloi's common civil rights, all this remained pious thoughts only, just nostrums from the rostrums. But many police reforms commissions and committees later, the issue of police reforms has finally caught the attention of our celebrated judiciary and with that of our government. And rightly so, in view of the need for a greater role being felt for the police in the internal security matters.

Notwithstanding the fact that we became independent almost sixty years back, we have left our police and policing to be governed by the colonial Indian Police Act of 1861. Even though a lot of incremental changes have been introduced in this Act from time to time but they have been more in the nature of a patch-work and our police organization definitely deserves a better deal, more so in view of the multiple threats posed to our internal security.
Ironically, the court’s order came exactly a fortnight after the Police Act Drafting Committee headed by Soli Sorabjee put out for debate the rough draft for a new law to replace the antiquated Indian Police Act of 1861. The draft Police Act, inter alia, has provisions to check pressure on subordinate officers from their superiors and other quarters.
So now, if the Supreme Court of India has its way, the police are in for a meaningful makeover by early January next year. While hearing a public interest litigation, the three-judge bench headed by no less than the Chief Justice of India has issued instructions to the requisite authorities to take necessary action in this regard as per detailed directives given by the court. The court directive recommends sweeping reforms, from restructuring of the entire force to its modernization and various qualitative changes.
As per recommendations, all states are to constitute a State Security Commission (SSC), a Police Establishment Board and a Police Complaints Authority. States are expected to ensure that all officers, from the rank of an SP to DGP, hold office, wherever they are posted, for, at least, two years. The UPSC is supposed to recommend three DGPs for each state out of which one will be selected by the SSC. Similarly, there will be a National Security Commission to pick the heads of the BSF, CISF, CRPF and the ITBP.
The Bench has also ordered the setting up of a Commission to decide on selections and appointments to cushion the police force including officers from undue interference from various quarters in matters as important as the selection, posting and transfer of the officers. The two other striking aspects are the creation of a state security commission to supervise the entire police force and a complaints authority to probe complaints of misconduct against the police officials. All in all, the directive ought to streamline the functioning of the police in an effective and non-partisan manner.
The Home Ministry is believed to be keen on the creation of a federal agency that can investigate cases that have inter-state and international ramifications. Cases with cross-border implications like narcotics, trafficking of women and smuggling of arms are to be handled by what is to be called the Central Intelligence and Investigating Agency. The Central Government can directly ask it to investigate certain cases without the consent of the states, something which has far-reaching consequences for the federal structure of the Indian State and in keeping with the centralizing tendencies seen around the world in all the federal states.
At the same time, another special committee, constituted in December 2004, has identified 49 recommendations from the numerous reports of different police commissions to bring about drastic changes in the police and policing. It has confined itself to drawing up recommendations that are crucial for improvement in police functioning and the implementation of which would make an immediate impact on the reform process.
Among the short listed recommendations are those on which the Supreme Court has issued directives. The other recommendations include the creation of a Federal Police for internal security, modernization of police forces, improvement in forensic science and infrastructure, tackling organized crime, tackling economic offences, amending the Identification of Prisoners Act and measures to improve accountability and efficiency at all levels of the police hierarchy.
Even though this judicial activism has raised some hackles and ruffled some feathers, the ball for the police reforms has been set rolling. While the implementation may take time owing to fierce opposition from certain quarters, at least, a beginning has been made in transforming our police force into a more people-friendly and modern force. And with the Prime Minister and the Home Minister eager about implementing the far-reaching reforms, one is tempted to believe that this time police reforms shall receive their due share of attention and something positive shall come about. So, this time one should be more positive and optimistic because of the fact that this time judicial activism is matched by the government's enthusiasm to reform the police organization.
*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
Mobile: 91-9831388803/9434242283.