Need Urgent Police Reforms | 22nd December 2022 | UPSC Daily Editorial Analysis

What's the article about?

• It talks about the dire need for police reforms.

Relevance:

• GS2: Structure, Organization and Functioning of the Executive—Ministries and Departments of the Government;

Context:

• The legal and institutional framework governing police matters in India was inherited from the British.
• The motive behind this British Police framework was to maintain the British hegemony.
• Thus the current legal framework, comprising the Police Act 1861 and other state specific laws, is deficient in establishing an accountable police force.
• Unfortunately we are still following the same colonial police framework.
• There is an urgent need to make reforms in the police framework in order to reflect the democratic aspirations of the people of India.

Analysis:

• Police is a State subject. Thus States can have their own laws and institutional framework regarding police.
• But, most States have continued to legitimise the status quo by following the 1861 Act and showcasing political indifference towards calls for police reforms.
• The Police Act Drafting Committee, and the Supreme Court’s directives in the Prakash Singh judgement resulted into the formation of the Model Police Act, 2006. But, it has still not been uniformly implemented across states.

Issues with the current police framework:

• The Police Act 1861 is deficient on multiple accounts.
• Section 3 of the Act vests the superintendence of the police in the state government.
  • Similarly, Section 23 of the Act places a duty on every police officer to promptly obey and execute all orders and warrants lawfully issued to him by a competent authority, thereby making the officer subservient to those wielding political power in the state or occupying higher ranks.
  • These political affiliations prevent the police from discharging their functions independently.
• The Act is silent on matters concerning transfer and promotion of police officers due to which officers who resist political interference are often transferred to remote locations or their promotions are wrongfully withheld.
• Further, the list of duties to be discharged by police officers enlisted under Section 23 is rudimentary and does not recognise a role of the police in upholding human rights, reducing opportunities for the commission of crimes or promoting amity in the society.
• On the institutional front, State Police Complaints Authorities (SPCAs), constituted to investigate complaints of misconduct against police officers, have proved woefully ineffective in establishing external accountability.
  • Despite the requirement of setting up such bodies at the district level, most states have set up single-tier bodies in the capital, overburdening the Commission and deterring complainants from reporting misconduct.

Suggestions:

• The 1861 Act must be amended, in accordance with the Supreme Court’s directives and the Model Police Act, 2006.
• Since the appointment of the director general of police, i.e., the chief of the police in a state, is pivotal to the police’s administration, there is a need to devise a transparent and merit based procedure for such appointments.
• Further, providing a minimum tenure for posts like the director general of police, and other officers, along with clear legal provisions governing transfers and promotions, may insulate the police’s functioning from political interference.
• A new Act must also lay down a legally binding charter of duties to be observed by the police in their discharge of duties.
• Additionally, SPCAs must be constituted and operated so that they have the necessary power to independently investigate allegations of police misconduct.

Way Forward:

• Prime Minister has in the past called for making the police a SMART force i.e., Strict and Sensitive, Modern and Mobile, Alert and Accountable, Reliable and Responsive, Tech Savvy and Trained.
• Various studies indicate that when police officers treat citizens with dignity, allow them an equal voice in interactions and are guided by considerations of transparency and accountability, it strengthens people’s compliance with laws, ameliorating conditions for commission of crimes.
• On the other hand, distrust in police officers as well as reports of corruption and police abuse undermine faith in the force and cause citizens to question the legitimacy of justice institutions.
• While re-imaging a police force which performs its functions without fear or favour is a long haul, it is about time that positive steps are taken in the right direction to initiate this change.