Police

BackgroundPolice reformsAccording Art 246 police is a state subject and thus each state has the responsibility to draw guidelines, rules and regulations for their police. Indian Police Act (IPA-1861) is the basic governing framework.

Organisational structureDGP heads the police at state level. Field Establishment

States are divided into districts & district police is headed by SPGroup of districts form a range and are under a DIGSome states have zones formed of 2 or more ranges and are placed under an IGDistrict is divided into sub-division and in charge is ASP or Dy.SPEvery subdivision has no. of police stations under an inspector. Police station is the most basic unitPolice station is divided into beats for patrolling, surveillance etc.Under CrPC all crimes are to be reported in a police station. It is the first point os any police activity

Duties of Police (acc to IPA 1861)

Obey and execute all orders and warrant issued by competent authorityCollect and communicate intelligence affecting public orderPrevent commission of offences and public nuisancesBring offenders to justice

Duties have expanded since and now include: maintaining law & order, riot control, crime investigation, protection of state assets, VIP protection, traffic control etc.

Centres role in policingThough police is a state subject but Art 355 puts the onus of protecting state from disturbance and unconstitutional governance on the union govt. Accordingly List I of 7th Schedule empowers Parliament to exclusively formulate laws on:

Armed forces including para-military forcesCBI and investigationUnion institutes and agencies for training police officers, promotion of research and technical assistance to statesAll India ServicesExtension of powers and jurisdiction of members of one police force to another with consent of state or to outside railway areas

Issues/Problems regarding police

Colonial stigmaOld archaic laws/rules (CrPC, IPC, Evidence act) etc all belong to colonial timesPoor and inadequate police community relationsPoor imageOver centralisationOver burdened organisation without adequate technological and managerial capacityProblems related to general administration: poor enforcement of laws, large deficit b/w peoples expectations and results and lack of coordination b/w diff agenciesProblems related to police

Problems of infra, organisation and environmentUnwarranted police interferenceLack of motivation at lower levels due to poor career prospects and hierarchal shacklesObsolete intelligence gatheringDivorce of authority from accountability

Problem of organisation behaviour: inadequate training, lack of sensitiveness, stress due to overburdeningProblems related to ethical functioning: corruption, collusion, absence to transparent proceduresProblems related to prosecution: best talent not recruited as prosecutors, lack of coordination b/w investigation and prosecuting agencies, mistrust in admitting evidenceProblems related to judicial process: low conviction rate, large pendency, absence of victims perspectiveLong working hours without lack of appreciation from govt, people etc.Low income and few opportunities

Recommendations National Police commissionGoI constituted NPC which 8 detailed reports b/w 1979-81 which contain recommendations such as

1st report: System of constable, who make up 85% of force, be radically changed. They should be properly trained and given duties that requires some discretion. Also suggested redressal mechanism within organisation 2nd report: Stated basic role is to function as law enforcement agency. It said that interference from state govt to be minimised and should not pressurised leading to their misuse. It recommended setting a body State Security Commission to ensure police performs their duties accordingto given mandate3rd report: Dealt with evils of suppression of crime by non-registeration of cases. It emphasised role towards weaker section of society4th report: Emphasised coordination b/w investigation and prosecuting agencies. Laid out parameters for enforcement of social legislations5th report: recruitment & training of constables and sub-inspectors6th report: recommended police commissionerates in large cities. Special provisions for handling riots7th report: Internal mngmngt of force 8th report: recommended that State Security Commission to have independent cell for performance evaluation

Other committees

Robeiro Committee (1998): formed on PIL to SC on progress on NPCs recommendationsPadmanabhaiah Committee (2000): Police reforms in new milleniaGroup of Minister on National security (2000): studied various security-related reports post Kargil

Malimath Committee (2003): Made far reaching recommendation to reform criminal justice system. Recommended that present Adversarial system should be improved by taking some features of Inquistorial system

Supreme Court DirectiveIn Prakash Singh vs Union of India, 2006 SC laid out 7 directives for central and state govt to comply to kick-start police reforms. These directives were:

1. Constitute State Security Commission to (i) Ensure state govt does not exercise unwarranted influence (ii) Lay down broad policy principles (iii) Evaluate performance of state police2. Ensure DGP is appointed through merit based transparent process and provide him min tenure of 2 yrs3. Ensure that other police officers on operational duties are also provided min tenure of 2 yrs4. Separate investigation and law and order functions5. Setup Police Establishment Board to decide transfers, postings, promotions etc. 6. Setup Police Complaints Authority to inquire into public complaints against police officers above rank of DySP in cases of serious misconduct (custodial death, rape etc.) 7. Setup National Security Commission at union level to prepare a panel for selection and placement of Chiefs of Central Police Organisation with min tenure of 2 yrs

Since the 2006 SC order, 17 states have passed new Acts while 12 have issued executive orders. Almost none follow the SC order either in letter or in spirit. According to National Crime Records Bureau (NCRB), there were over 12 lakh pending investigation cases with the police across the country. SCs attempt at separating investigation units from law and order duties was precisely to address this issue.

Barring Bihar, Gujarat, Karnataka and Kerala, no state has agreed to give powers of transfer to the Police Establishment Board. Reasons for DGPs removal tenure have been kept vague with grounds ranging from public interest, incapacitation and administrative exigencies to any other reason.

UNDPs A2J Project Coordinator Navaz Kotwal, who has worked extensively on police reforms, is more worried about implementation even if right laws are passed.

ARC Report PDF File

CurrentPolice not to take moral standBombay High Court wanted to know under what provisions the police raided hotels in suburban Malvani recently and detained several couples. The police cannot take a moral stand without the backing of the law or legislative policy

DPSE Amendment ActBill amends the Delhi Special Police Establishment Act, 1946. The Act constitutes a special police force to be called the Delhi Special Police Establishment (also known as the Central Bureau of Investigation).

Act provides for a three member committee comprising the PM (Chairperson), the CJI or a Supreme Court judge nominated by him, and the Leader of Opposition in the Lok Sabha to make recommendation on Director.

Bill amends this provision in relation to the Leader of Opposition. It states that where there is no Leader of Opposition, the Leader of the single largest Opposition Party in that House would be part of the committee.

The Bill introduces a provision that states that the appointment of a Director would not be invalid on the grounds of any vacancy or absence of a member of the Committee.