Reforming the Police
Saumitra Mohan


The debate over police reforms continues to rage. Sleeves have been folded and swords have been pulled for a one-to-one duel on either side of the fence and there are some straight on the fence, still undecided as to which side should they join. In the meanwhile, the Supreme Court has also made it clear that it is not going to compromise on its directions the basics whereof must be implemented within the stipulated time-frame.

While it is no one’s case that there should not be any reforms of the police organization at all, crucial as it is to the internal security of the country as well as to the administration of the criminal justice system, as also acknowledged by the various police commissions (both national and state ones), National Human Rights Commission (NHRC), and Justice Malimath Committee on Criminal Justice Reform. So, it is more in the fitness of things that the ongoing debate on police reforms, as presently pitched, should not only be well informed but should also be sensitive to the various concerns and issues as have been raised by the various parties involved.

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.

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. Today, with the structure of our society and state becoming more complex, we need to have a police organization which is accordingly geared to stand up to all the challenges to our security and sovereignty. The dimension of the non state actors becoming a distinct security threat with serious implications for our security preparations and needs has also to be adequately factored into our overall security planning.
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 and if the proposed legislation on police reforms sees the light of the day, the police are in for a meaningful makeover in not so distant future. 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.
It is felt that if the whimsical and motivated transfers of senior police officers, something which has taken become quite menacing in recent times, can be checked, then it would do a world of good for the morale of the officers and with that, for the efficiency and effectiveness of the entire administration. But here questions have also been raised about advisability of such a move. The power to transfer officers, if used effectively, can become a potent tool to penalize or reward officials. It is feared that if such a power is taken from an elected people’s representative, then it would only result in strengthening of one institution at the expense of the other. But one feels that such a fear is unfounded as there can be made provisions to allay such fears in the proposed reformed structure but it shall not be fair not to do something about the reckless transfer industry as flourishing now.

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.

As of now, the supervision over the police and redressal of complaints against it is ad hoc and informed with dilettantism. Creation of a State Security Commission is supposed to infuse an adequate amount of seriousness into our policing and such a systematic and coordinated supervision shall also make our policing a lot more professional in keeping with the changing times. Even though rise of an activist media and a conscientized civil society have succeeded to a good extent in highlighting various acts of omission and commission by the police, but having a separate and independent Complaints Authority specifically for this purpose shall make the public grievances redressal a lot more systematic and easier. It shall also have a salutary effect on our police organization as already visible in more responsible conduct of the police since activism by the judiciary and various human rights body went up.
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. As we are well aware that proliferation of small arms coupled with drug trafficking has lately emerged as the biggest challenge to the Comity of Nations and a constant drain on their energy and resources. With the terrorists relying mostly on the sale of smuggling of small arms and narcotic drugs for their finances to run their death machines, it becomes all the more important to have a professional agency dedicated and committed solely for such a purpose. 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.

Of all, the modernization of the police force is something which requires immediate attention. At a time, when the criminals and terrorists are much better trained and equipped, we definitely need to do something about sprucing up the infrastructure available with our police force. Not only is there a need for a much better training curricula custom made to the requirements, but there is also an urgent need to provide a modern infrastructure equipped with state of the art policing equipment and resources. Though some such changes have been made at many places, but they are again piecemeal and on ad hoc basis. We need to do the same throughout, in a uniform manner without any exception.

While we all acknowledge that there, indeed, should be police reforms because of the way it has been functioning so far, the fact remains that the popular perception of the police is very negative. The police, as it functions now, is perceived as unresponsive, obtrusive, callous, corrupt, inefficient and ineffective notwithstanding the multifarious constraints and odds against which our police is pitted namely a rickety infrastructure, shortage of manpower, lack of necessary financial and other resources, lack of adequate training, unremunerative compensation and, most importantly, excessive political interference. So, there definitely is more than a case for not only reforming the police organization to cushion it against various ominous and insidious influences of the political power play, but also to make its functioning more transparent, responsive, sensitized, effective and independent, simultaneously equipping it with all the requisite infrastructure, resources and manpower.


But even though accepting the need for the police reforms, there have been clear voices of dissent from those corners which are liable to lose power and control over the police as a result of the proposed reforms. These voices have been those of the political and permanent executive. They feel that the reforms, as proposed, need more threadbare discussion and debate than plunging headlong into its implementation without minding the implications thereof but the judiciary has dug its heels in terming such suggestions and arguments as dilatory tactics.

Even while believing that many of these fears are baseless, one does feel that the supervisory control of the magistracy over the police should not be weakened any further. Keeping in mind the Actonion (of Lord Acton) dictum of ‘power corrupts and absolute power corrupts absolutely’, we should be careful that while guaranteeing absolute independence to police, it should not be allowed to become an empire in itself, unamenable to any supervisory control. While there are provisions of a Complaints Board, such a structure has always been found to be too formal in its operation. Ergo, there is definitely a need to revive the supervisory powers of the Executive Magistrate over the police, as also envisaged in the Police Rules but fallen in disuse. The Executive Magistrate in the field is the grass-root officer who is more easily accessible to the people and has a much more people-friendly face than the police. So, such age old practices as thana inspection and some say in performance evaluation by the Magistrate should be revived and further strengthened. Such a move would only strengthen and reinforce the reciprocal relationship between the two.

While one appreciates the fears expressed by all the sides, one also feels that one should, indeed, not rush through something as vital as police reforms and all related aspects ought to be thoroughly discussed before being implemented. Alternatively, the police reforms, as proposed, can be implemented, on a pilot basis, in one or two states (which have already consented to such reforms) while simultaneously continuing with an informed discussion and debate over police reforms. The learnings from the ‘pilot states’ can later be factored to further fine-tune these reforms. But police reforms are definitely something that require more than dilettantism and amateurish attention.
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 of the proposed legislation 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, 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. One is sure that when these reforms see the light of the day and eventually implemented, we would not only a more sensitive and effective police force, we shall also have a better society to live in.

*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
(The views expressed here are author’s personal views and do not reflect those of the Government.)
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.

The Truth of Nandigram

Battleground Nandigram
Saumitra Mohan

In the history of West Bengal, 14th March, 2007 shall be remembered as a momentous day but for negative reasons when about 14 people fell prey to police firing while many more were injured. These people were those agitating against the so-called acquisitions of land for a proposed Special Economic Zone for Salim Group, an Indonesian multi-national company, in the remote Nandigram village of East Medinipur district. Police, administration and government, naturally, were all roundly criticized for the sanguinary fall-out. But we need to put certain things in perspective before better being able to appreciate the compulsions of use of force over there.

Memory fails one when one tries to recollect such ‘brutal’ police action in West Bengal in recent past except during the hey days of Naxal violence in the sixties. Administration and police as an inalienable part thereof has been reasonably very disciplined and liberal, while dealing with such agitations. In fact, often it has been accused to be too soft or liberal as being a left bastion, it can not be seen to be against the same proletariats whom the government claims to represent. So, what were the compelling circumstances which led to the so-called indiscriminate firing by an otherwise calm police force?

Let’s go back in history. As mentioned above, when Nandigram villagers got to know that the government is proposing to acquire land for industrial purposes a la Singur, the people there became very restive. The same was expected because it happens to be an area with considerable opposition support base. The opposition naturally grabbed the issue for its mobilisational politics and accordingly agitations began against government’s supposed attempts at forcible land acquisitions, even though the same was still on the drawing board and no formal declaration of such intent was communicated by the government.

So, people were made to see the smoke where there was no fire. Pursuant to such belief, there were great agitations leading to skirmishes between the police and the public in January in Nandigram, where a Sub-Inspector of Police was brutally lynched to death, while many policemen were injured during the mob attack on the police. Not much was heard of police action against the people. Police remained its restrained self.

Since then, the villagers (read vested interests) led by the vested interests not only dug up and cut off all the approach roads to the village, but also (almost) barred anyone from the administration or police to visit the village. Not only this, hundreds of people with contrary political colours were made to flee the village and camp outside. For almost two months, Nandigram became a place where the government’s writ had ceased to run and it became an enclave immune to any state power.

All the attempts to bring these people to come out and discuss the problems across the table failed notwithstanding government’s assurance that no land shall be acquired there without popular concurrence. Every time, someone from the administration or the police tried to visit the village, he/she was seen to be coming to take their land or so they were made to believe. Police also needed to enter the village to establish peace not only to rehabilitate the people who had fled their home and hearth out of fear, but also to ferret out the culprits who had indulged in criminal activities including killing of an SI of Police in January. So, when the police again tried to enter the village to take control and to establish the rule of law there on 14th March, the tension had been brewing in an already volatile Nandigram.

Police remained very restrained to begin with against a mob of thousands of people armed with crude weapons, bombs and firearms and tried everything possible in the circumstances including use of tear gas, rubber bullets et al but the same was to no avail. When pushed to the wall following mob violence leading to injury of many policemen, the police was left with no option but to open fire in ‘self-defense’ as also argued by the Chief Minister himself.

One would do well to remember that it was the same police which was criticized when a senior police officer of the rank of Additional Superintendent of Police was killed by an agitating mob during the Greater Cochbehar agitations last year in North Bengal. State power suffering regular reverses at the hands of an armed mob intent on taking law into its hands is not left with much choice. If the same does not happen, the fear of law would go with the state’s surrender of its monopoly over the legitimate use of force.

While everyone including the West Bengal Governor has condemned the incident and believes that the same was avoidable, one would say that such things become imperative when vested interests are out to fish in troubled waters and shut all doors on dialogues. One hopes that the CBI inquiries as ordered by the Calcutta High Court would bring out the truths and take to task those, if any, responsible for the unfortunate turn of events.

Last but not the least, one would say that West Bengal is actually experiencing a social churning these days, trying to jump from one phase of history to the other, from being an agrarian society to being an industrial society. And mind you, change is not without its costs. As they say, there is no gain without some pain. One just hopes, that such bouts of pain would become less and less with every passing day.

*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
(The views expressed here are author’s personal views and do not reflect those of the Government.)
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