India’s overdue vital police reforms

The Indian Police Foundation (IPF) recently held a workshop on September 22 which is Police Reforms Day. This was attended by police officers from all over India, senior politicians and jurists, the theme being “Without Fear or Favor”. 

The IPF Chairman is retired IPS officer responsible for kick starting police reforms in the Supreme Court vide the Prakash Singh versus Union of India case wherein the Apex Court in 2006, issued six directives for the States and one for the Centre. Despite this landmark judgment, the political class with the help of bureaucrats and vested interests has managed ingeniously to pass Acts or Legislative Orders which do not strictly comply with the directions. This could happen deviously because the Court ruled that the directives would hold good until the Centre and States legislated their own laws which they cleverly did, legitimizing the status quo!  

The seven directives were “1) State Security Commission as watchdog body in every State. 2) Minimum tenure for DGP of 2 years irrespective of date of superannuation, selected on merit from three senior most officers 3) Minimum tenure of IG and other officers also 2 years 4)Separation of Investigation from Law and Order functions 5) Police Establishment Board to decide all transfers, postings, promotions of officers and below rank of DSP 6) Police Complaints Authority at District Level for all up to DSP and another at State level for SP and above7)National Security Commission to be constituted by Centre at union level with procedures for selection and placement of Chiefs of the Central Police Organisation who also should have a minimum tenure of 2 years”. Detail suggestions elucidated for each and the main theme was better security for the people, minimizing political influence and interference, ensuring human rights, operational autonomy and enforcement of rule of law under all circumstances.

We have permitted our lawmakers to behave like Maharajas and enforce laws, with the help of the police under the guise of security or controlling corruption that no civilized democratic nation should have. The loosely worded National Securities Act (NSA) and deadly Sedition Laws are misused to arrest/jail anyone who the government wants to shut up/disagrees with or get rid of with impunity. The mindset of "Lal Batti" superiority where there is one law for the people and another for politicians is very evident with police officers seen touching their feet or ensuring VIP treatment even in jail! The politician bureaucrat criminal nexus is frightening. We have seen media reports of gaurakshas/mobs lynch/beat people on merely rumors of cow smuggling/child lifting with police looking on or with their help! People have gone to jail/suffering due wrong judgments proved later on because of police faulty investigation and whole families have suffered. FIRs are not properly recorded or avoided, statements doctored and victims terrorised. Police action discriminately in many cases for example taking lucrative sides in dowry harassment due vendetta and other reasons! A section of society with RSS/BJP calling the shots, think nothing of encouraging mobs challenging the Supreme Court and State government in implementing the law as seen in the Sabrimala temple case and other cases where decision is unpalatable to them. There is an atmosphere of Himsa to impose their will rather than Ahimsa! Without the much needed vital police reforms and with our apparently trigger happy “caged parrots" these days, where encounter killings are reportedly State sponsored, there is a crying need for complete revamping of the police force!

The workshop brought out the following points. The independence and reputation of police for justice is as essential as that of the judiciary. Both have to work in connection with the government but with non-interference or external pressures. Modernisation is the key and technology can also bring transparency and accountability. Government has to ensure that people have faith in the system. If all police conversations are automatically recorded as done by advanced nations, each police station has mobile forensic vans thus ensuring timely gathering of non tamper able evidence/ least reliance on human memory, there will be vast improvement in accurate and reliable investigations. Every police station must have a well equipped interrogation room with cameras so all walls and everyone in the room can be seen also recording of statements before charge-sheeting and hand written statements by the investigation officer are carried out. Then we can expect 90% conviction rates with just these steps!

Three questions one to the Supreme Court, one to government and one to people.1) Once the Apex Court gives a judgment, is it not its responsibility to ensure implementation? The States should not be allowed to get away with superfluous compliance/non implementation/ false affidavits and no grave consequences! 2) How will government “sabka saath” implement “subka vikas”? Economic development requires stable law and order. For example we cannot have like in Haryana riots, Rs 20,000 crore of property destroyed and the State pushed back at least 10 years! Law and order which prioritises prevention must hold primacy over building economic superstructure.3)The politician-bureaucrat-criminal nexus is capable of frustration any plan. Should not the people who suffer because of the acts of commission/omission of the police raise their voice so strongly, that it reverberates in the halls of Parliament? The PM has spoke of SMART police-sensitive, mobile, accountable, responsible and techno-savvy. When will we experience this or are they to remain attractive slogans?

(The author is a retired naval officer, freelance writer resident in Porvorim)