The massacre of Bengali speaking Muslims in Assam’s
Nellie on 18 February 1983. The Anti Sikh violence in 1984. The Godhra pogrom
of 2002. The Muzaffarnagar Riots of 2013. The ongoing bloodbaths in Manipur and
Haryana’s Nuh, NOIDA and Gurugram. All these, and many more, have one thing in
common. Professional incompetence of our police to control the situation and/or
their complicity in the spread of violence. Why has this become a common
phenomenon in India? Why police excesses and atrocities are being treated as
new normal? Is there a solution to this dangerous trend? The answers lie in
understanding the birth and evolution of police in India.
After the British Government took over from the
East India Company in 1858, it centralized the control of police through the
Indian Police Act of 1861, and defined the roles, powers, and responsibilities
of the police. After India’s independence in 1947, maintenance of law and order
has become the responsibility of the central and state governments. Of course,
their respective powers and roles are well defined. The Indian Police Act of
1861 continues to be the primary legislation governing the police system. The
character of the police remains colonial, which influences its attitudes and
actions even today.
Today, new challenges face the country, which
require devising of new sets of response. Various experts stress upon the need
for professionalism, accountability, and community-oriented policing. According
to the Second Administrative Reforms Commission of 2007, since the central and
state police forces come under the control and superintendence of the political
executive, the possibility of political manipulations and interference in the
discharge of professional duties of the police personnel remains high. Even in
the ordinary course of work, it has become clear that there has been an
enduring politician-police-criminal nexus. This prevents professionalization of
the police force as it goes against the vested interests of politicians and
criminals. Look at how the likes of Brij Bhushan Singh, Monu Manesar and Ram
Rahim Singh have been treated. And these are not the only ones to enjoy such
impunity.
Clearly, politicians often try to unduly influence
the police response to a law and order situation, or investigations into a
criminal act. Obviously, there is a need to ensure greater operational freedom
to the police agencies, even as they are held accountable for their acts of
omission and commission.
Several factors have proved formidable stumbling
blocks in the efforts to reinvent the police into an ideal citizen-friendly
law-keeper. Our police force is overburdened and under-staffed. Against the
sanctioned strength of 181 police personnel per one lakh of population, there
are only 137 available. There is inadequate recruitment of women police
personnel. All this affects investigations of crimes and while dealing with law
and order situations. The personnel are ill-equipped and ill-trained for
discharging their duties. Instances of custodial deaths and torture have been
on the increase. This points to poor accountability mechanisms within the
police. Even accountability to the public is almost zero.
We need to remember that police in most states and
union territories have varying systems, structures and work-ethics, which deter
a comprehensive reform. The entire police system has several layers, which
often overlap. For example, the Central Bureau of Investigation and the
National Investigation Agency are central agencies. While the CBI investigates
federal crimes, the NIA is supposed to look into terrorism related activities.
However, often these agencies have been used to investigate crimes that come
strictly under a state government’s jurisdiction. For example, in June 2020,
the Union Home Ministry transferred the Bhima Koregaon-Elgar Parishad case from
the Maharashtra police to the NIA. Other notable instances are given below:
1.
During the 1975-77
Emergency, police were used to suppress political dissent. Civil liberties were
curtailed, and several opposition leaders, political activists, and journalists
were arrested without proper legal procedures.
2.
During the 1984
anti-Sikh violence, instances of police inaction, negligence, and collusion led
to an enormous loss of life and property.
3.
The 2002 Godhra pogrom
in Gujarat saw police inaction and complicity in targeting the Muslim community,
which remains a blot on the state and central police.
4.
In the
Muzaffarnagar riots in Uttar Pradesh in 2013, the police did not prevent or
control the violence, and instances of bias in the situation’s handling were reported.
5.
In the current
Manipur bloodbath, it remains a mystery how the armory of sophisticated weapons
could be looted with no resistance by the guards on duty. Worse, there are
media reports of how the police there helped Meitie goons to lay their hands on
hapless Kuki women and bring shame to India.
There have been serious concerns regarding misuse
of the Unlawful Activities (Prevention) Act. Several retired judges, civil servants
and activists point out various flaws in this Act that facilitate its misuse by
the people in power. There have been several instances of unjustifiable
targeting of activists, dissenters, and marginalized communities, with arrests
on flimsy or cooked-up evidence.
Successive central and state governments have been
aware of the need to improve the police force. The National Police Commission
of 1977-81, the Ribeiro Committee Report of 1998-99, the Padmanabhiah Committee
Report of 2000, the Malimath Report of 2003, the Supreme Court Directives of
2006 in the Parkash Singh & Others Vs. the Union of India case, and the
Model Police Act of 2006, etc., are instances of several attempts at reforming
India’s police system. There have been recommendations for strengthening of
independent oversight mechanisms, limiting of political control on the
functioning of police, and introducing technology and modern investigative
methods and approaches. Some of these are enumerated below.
1.
Update all laws to
ensure that systems and structure become responsive to the needs and
aspirations of common citizens of India. Colonial and obsolete systems and
structures, wherever they exist, need to be replaced with those in consonance
with the 21st century secular, liberal and democratic India.
2.
The police
initiatives should shift from purely law enforcing agency to the problem
solving one. Instead of resorting to coercion and threats, the approach should
elicit dialogue and cooperation from the local community. This will require the
reworking of various training programs at all levels. Respect for human rights
should be their primary focus.
3.
Investigations
should use the latest technological tools instead of resorting to torture and
third degree methods.
4.
While insulating
the police against political manipulations, independent and effective
mechanisms for accountability and oversight need to be established. These
mechanisms may involve independent bodies comprising senior police and judicial.
5.
The Second
Administrative Reforms Commission recommended limiting of the political
executive’s powers. It also recommended the promoting of professional
efficiency and ensuring that police act in accordance with the law. The
National Police Commission (1977-81) suggested that superintendence be defined
in the law to exclude instructions that interfere with due process of law. There
should be total freedom to take operational decisions. Similarly, there ought
to be effective checks against unlawful influencing of the transfers and
recruitments etc of police personnel.
We need to acknowledge that even a highly
modernized police force may not prevent the Chetan Singh type lone wolf
attacks, but they would certainly not be misused by politicians or other
powerful sections of the society for illegitimate purposes. It is difficult to
effectively police a country like India, which is not only the world’s most
populous but also the most diverse. This is all the more reason to shed the
colonial mindset and adopt a contemporary and dynamic approach. Modernizing the
police requires a comprehensive and sustained effort, involving cooperation
between the government, police administration, civil society organizations, and
citizens. Public awareness and participation in the reform process are crucial
for ensuring that the police forces are accountable, efficient, and responsive
to the needs and aspirations of a liberal democratic country like India.
In recent years, there has been an increasing focus
on leveraging technology in policing, improving community-police relations, and
addressing issues such as corruption and human rights violations within the
police force. Several states have started their own reforms to strengthen
police infrastructure and enhance accountability. But much more needs to be
done.
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