POLICE/POLITICIAN/PUBLIC

“Since the misuse and abuse of police has reduced it to the status of a
mere tool in the hands of unscrupulous masters and in the process, it
has caused serious violations of the rights of the people, it is
contended that there is immediate need to re-define the scope and
functions of police, and provide for its accountability to the law of the
land, and implement the core recommendations of the National Police
Commission.” An angered Supreme Court articulated a tough stand
over the issue of Police Reforms in India in the autumn of 2006. It
recognized the need for a concerted effort to be made in reforming an
ailing system breeding on corruption, political patronage, zero public
support and a defunct law that dates back to 1861.

Police today in India is seen as an oppressor and something that is of

last resort for redressal. We try every other route to end our problem
before rushing to a police station. The Indian Police system is seen as
one of the most oppressive forces in the world. Statistics point that
Police is the biggest violator of human rights in India, to substantiate
this fact look at these figures for the Delhi Police. After Madhya
Pradesh, Delhi records the second highest number of complaints
against police personnel. In fact, Delhi received 5,786 out of a total of
51,767 complaints (11.2%). Delhi was second only to Uttar Pradesh in
the number of cases of human rights violations registered by the
NHRC. The NHRC registered 5,264 cases from Delhi out of a total of
74,401 total cases (7.1%). From 1 April 2001 to 31 March 2009, the
deaths of 1,184 persons in police custody were reported to the NHRC.
An overwhelming number of these deaths had taken place as a result
of torture. Cases like police firing on unarmed protestors like the killing
of 23 people by opening fire at a peaceful rally at Arwal in Bihar in
1986, 9 students killed in Tura region, gross misconduct of police
during the Babri Masjid and the Godhra riots or the violations by state
armed police anti – insurgent forces like the COBra and the Salwa
Judum render a sense of anger and emotion to these statistics.

It is no secret that a ride to the Police station is seen as the last resort,
non registration of FIRs, zero follow up, hostile and at times harassing
attitude received by the civilians point to the larger malaise that exist
within the system. A survey conducted by MIT- Rajasthan police
suggested that an overwhelming 50% of the respondents mentioned
'non registration of complaint' as a pervasive malpractice in police
stations, 71% never reported the case to the Police after the crime had
occurred. Even after the registration of FIR, 46% were dissatisfied with
the investigation and 56% felt that Police does not work hard. These
figures again are a visual imagery of the dark reality that haunts every
Indian whenever he visits the Police station.

The recent example of Ruchika Girhotra points to the nexus that exists
between police, politicians, bureaucrats, investigating agencies and
judiciary. There are hundreds of Ruchika’s that have happened and are
still happening while their fate worse than hers have gone unnoticed.

What prompted the Supreme Court to come up with an outright

condemnation on the status of Police reforms is a battle that has been
going on for a period of more than thirty years. In the year 1977, the
then Janata Government setup a National Police Commission under Mr.
Dharma Veer which produced eight reports on various aspects of
policing in India with its first report in 1979 and last in 1981. Like other
Reports and Commissions these reports were locked in the cupboard of
Ministry of Home Affairs only to be mentioned in its Annual Reports. In
the Vineet Narain Vs Union of India the Supreme Court took note of the
Reports but nothing substantive came out. In the year 1998 the
Rebiero Committee was setup which submitted two reports and the
pile was further added with the establishment of the Padmanabhiah
Committee in 2000 and Malimath Committee in 2002. All of these
reports have spoken on repeal of the Police Act 1861 , providing
independent recruitment, transfers, promotions, discipline,
investigation wing be separated from the law enforcement wing,
mechanisms to deal with problems within the system etc. After four
commissions, 12 reports, innumerable sittings and drenching of the
exchequer money the work on ground was nil. Another useful report
was brought by Justice Sorabjee which framed a new Model Police Act,
which some states later did rewrite and notified in complete letter but
incomplete spirit.

In 1996 two Retired IPS officers and an NGO filed a PIL in the Supreme
Court asking for the immediate implementation of the National Police
Commission Reports. After ten years of legal battle the Supreme Court
finally came out with the verdict on 22nd September 2006 with the
following directives:
1. Constituting a State Security Commission at State level
2. Appointment of DGP through merit via empanelment by the
UPSC
3. Security of tenure: Two years for SP and SHO’s
4. Separation of investigation work from law and order
5. Setup a Police Establishment Board to decide transfer,
postings, & promotions
6. Independent Police Complaints Authority
 7. Setup of National Security Commission at Union level to
prepare a panel for selection of Chiefs of the Central Police
Organization with a minimum tenure of 2 years

The Supreme Court added a sharper edge by fixing a deadline of

December 31, 2006.This was just the start of the journey. Predictably,
six States responded shockingly and filed petitions which the SC
rejected. Two more extensions and the states were finally asked to file
affidavits of compliance by 10th April 2007. Four months and Prakash
Singh filed contempt petitions to which the SC passed an order for
setting up of a Monitoring Committee under Mr. Justice KT Thomas.
This Committee has been charged by various organizations as moving
at a snails pace and confining itself to “meetings, reports and more
meetings”. As of now no state has complied fully with the SC
directives. Only small states like Meghalaya, Himachal Pradesh, Tripura
and Rajasthan have seen some development, others obviously are
passing time.

There clearly is a lack of political will in reforming this institution. The

power lords believe that if police is let go of there control they will
loose the impunity and the unrelenting power they enjoy by
subjugating democratic values and institutions. The problems are
galore within the police establishment as well; public perception
towards police is of distrust, detestation and loathing. No
modernization, lack of training, research and innovation has lead to
complete collapse of the policing system. Low salary, political
interference, insufficient housing, pathetic work environment, medieval
arms, twelve hour duty, no social security net has lead down the
morale of the Indian constable. Given the conditions the directives of
the Supreme Court bear little significance for the policemen.

The future should belong to the adoption of a consultative approach,

because police being State subject has seen a lot of resentment from
the states. This consultative process needs involvement of civil society
organizations, community level workers, opinion leaders and above all
there needs to be a marked shift in the psychology of the Indian
citizens which will take a long time. Functional autonomy as directed
by the Supreme Court is important but with autonomy, accountability
should also follow hence there is need to establish institutions which
focus on accountability of the policing system. Police as an institution
should be the upholders of law and justice, an instrument for public
welfare and not public disgrace. The citizens need to be more
proactive in demanding the directives to be implemented because
power at the end is with the public.
Bhanu Joshi
Journalism Major
Delhi College of Arts & Commerce
University of Delhi
bhanu.december@gmail.com
+ 91 (98) 9969 2695