​Police reforms in India:-A means to improve police accountability and

infrastructure of police in India.

Pandit Jawaharlal Nehru, the first prime minister of India, had rightly observed, “It would be
remembered that the first duty of the police is to obtain the goodwill of the people through their service
and integrity. They occupy a position of great responsibility. They can only discharge their duties well if
they had the spirit of service to the country and the people” (Goel, 2014: p.1).policing is a vital function
for any democratic set up as it ensures law and order in the society, protects the rights of the citizens,
provides security at the time of exigencies etc., in this way police doesn’t just ensure law and order in
the society but it also acts as a facilitator of justice. Article 246 of the Constitution of India designates
the police as a state subject, which gives the state governments the authority to frame the Police Acts,
1
rules and regulations that govern each police force. The center is also allowed to maintain its own
2
police forces to assist the states with ensuring law and order .There has been almost 30 years of debate
on policing and reform in India, with several government-appointed commissions submitting reports and
recommendations for police reform to government. The state police forces are responsible for
maintaining law and order and investigating crimes while central forces assist them with intelligence and
internal security challenges (e.g., insurgencies). The structure and functioning of the State Police Forces
are governed by the Police Act of 1861, which is applicable in most parts of the country, or by the State
Police Acts which is drafted based on 1861 legislation shaped the coercive criminal justice model for the
country. The police act of 1961 always considered police as a force rather a service and it had the prime
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goal to keep Indians under strict magisterial control in every province. Major criminal laws, like the
Indian Penal Code, the Code of Criminal Procedure, and The Indian Evidence Act etc. are uniformly
applicable to almost all parts of the country. The effective and efficient functioning of police
administration is vital to maintain safety security and peace.

​The father of modern policing, Sir Robert Peel remarked that the police are the​ public and they are
allowed coercion over other citizens and to act in ways that would not be tolerable if done by someone
else.​ ​During the last years or so, due to increasing cases of rape and violence India, the Indian police has
to face a lot of criticism in dealing with the administration of law and order problem. Despite ongoing
criticism of policing, India still broadly follows the 1861 British Police Act which has become obsolete
and outdated. The current model of policing possesses numerous legacies of its origins. Hierarchical
organization creates inherent efficiency if managed correctly; difficulties arise when unquestioning
adherence to abstract principles inhibits effectiveness. A dangerous anachronism, the police have largely
failed to evolve from the ruler supportive, repressive forces they were designed to be under Britain’s
colonial rule.​ ​The Supreme Court for the first time in history, on 24-04-17, ordered the reinstatement of
ousted Kerala DGP T.P. Sen Kumar, sending out a clear message that police officers cannot be made
“scapegoats” by politicians in power.

Origin:

1
Entry 2, List II, Schedule 7, Constitution of India, 1950.
2
2 Entry 2 and 2A, List I, Schedule 7, Constitution of India, 1950
3
The police act of 1961,p.1.
The second type of nexus which is affecting society ,and the functioning of the police administration is
the nexus between policemen and politicians .the development of neixus was encouraged by thehe
police organization over the years to collect security intelligence to put a curb on the undesirable
political activities of parctties , which were subversive to the interests of the british rulers .the indian
police becaome so efficient in this regard that even the most secret activityee planed by planned by the
inner hardcore of national parties could reach the intelligence section to forewarn thse british rulers .
special police intelligence officers ,were officers having good nexus and were all handsomely rewarded
by the organizational managers for the valuable intelligence collected .after independence it was
thought that this type of intelligence would lose its importance and the nexus between politicians and
policemen will not be encouraged .but it was seen that the new rulers of india were as much interested
in knowing what their rivals political parties were doing and whether they were planning any subversion
toendanger the security of free india and wanted to destabilize the government .so the nexus became
apparent as soon as the policemen having such nexus became too friendly and useful to the politicians
4
in power ans some of the police officers identified themselves with the personal and the party 80 bold
police officers who could say “sorry sir ,that cannot be done as it is against the law or police regulations
“such officers were voctimised in many waysand soon the breed of honest and law abiding and
conscious offivers got houmded and is becoming almost extinct . this willperhaps go beyond the
tolerance of people in the policing of our country for too long and should be banished from the society
in the next millennium for the safe passage towards progressc and morernity .infact,such a partisan
5
police force has been in existence for too long a period and has outlived its utility also somewhere .

al important questions of the growing nexus between politicians and criminals often glorified by the use
of expressions criminalization of politics or politicization of criminals and which is a real menace to
indian democracy comes for consideration .the Vohra commission had observed in its report after
examining the problem that the nexus between politicials and criminals is running a parallel government
in this country . the election commission of india has started racking their brains as tohow to reduce the
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impact of this nexus on the functioning of the election process t5o save indian democracy .

Police reforms introduced post-independence

After Independence, the country has witnessed the creation of various committees and
commissions to examine the various aspects related with Police Administration and suggest
remedial measures. Some of the important developments on the front of police reforms have
been mentioned in the ensuing discussion. Gore Committee (1972): The committee was
appointed in Nov, 1971 by the government of India to take a stock of the existing police training
programs and recommended the ways to improve the effectiveness of the police personnel.
Training is considered as one of the important factors to enhance the effectiveness of the police
personnel.

4
Alexander p .j. ,policing india in the new millennium 79,1​st​ ed,2002.
5
Id.at pg 80.
6
Id at pg 83.
Gore committee:-​The committee was formed under the chairmanship of Prof. M. S. Gore, a
renowned Social Scientist, recommended that training is required for the following reasons:
i. To import necessary knowledge and skills to the police personnel.
ii. To create the right attitudes
iii. To develop effective decision making ability and
iv. To stimulate & create innovative thinking
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The committee had thrust on enlarging the content and scope of police
National Police Commission (1979-81)​: The National Police Commission was appointed by the
Union government in 1977 under the chairmanship of Dharamveer. The commission was
assigned wide terms of references to view fresh areas relating to police, police-public relations
and political interference with police functioning. The commission submitted eight reports
between 1979 & 1981 covering sensitive areas of police administration and suggested wide
8
reaching recommendations.
Vohra Committee (1993):​ The Vohra committee was constituted by the government of India
under the chairmanship of N.N. Vohra, then home secretary to examine the problems of
criminalization of politics and the nexus among criminals, politicians and bureaucrats. The
committee observed that existence of criminal network which was visibly running a parallel
9
government.​ ​Thus, are misusing the state police machinery for their individual gains.
​ ibeiro Committee (1998-99)​: The Ribeiro Committee was created on May, 1998 by the
R
Government of India to comply with the directions of the Supreme Court arising out of a Police
Interest Litigation (PIL) filed to get the recommendation of the NPC(1997) implemented. The
committee had wider term of reference to review the action taken to implement the
recommendations of the NPC, the National Human Right Commission and Vohra
Committee.The Ribeiro Committee came out with two reports and suggested to create Police
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Performance & Accountability Commission with advisory and recommendatory role.
● This was followed by further committees like ​Padmanabhaiah, Malimath committee,
Soli Sorabjee committee.
● In 2006, since there were no movements in the direction of reforms, the ​Supreme Court
made the police reforms a mandatory reform​ to be taken up by the central and state
governments.

7
Gore committee Report 1971-73
8
https://ipc498a.¿les.wordpress.com/2008/09/¿rstreportnpc.pdf
9
http://indiaprospect.org/Blog/?p=23
10
http://www.humanrightsinitiative.org/programs/aj/police/india/ initiatives/analysis_ribeiro.pdf 13. Second
Administrative Reform Commission
Loopholes in Indian police system
The statistics of National Crime Record Bureau (NCRB) statistics in reflects actual strength of police
force which was 17, 31,537 against sanctioned required strength of 22, 43,288, thus denoting the
required vacancies of 5, 11,751 police personnel. The strength of police personnel per unit area in the
country i.e. per 100 Sq. Km recorded as 54.7 (3.4% increase over 2012). In 2013, 529 police stations
were notified women police stations. The strength of police personnel for every 1, 00,000 of population
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was recorded as 141 during 2013. One of the major problem impeding police reforms stems from the
traditional approach of clubbing a variety of disparate functions in a single police force and
concentrating all authority at one level. A single, monolithic force now discharges several functions:
maintaining law and order, riot control, crime investigation, protection of State assets, VIP protection
,trffic control,ceremonial and guard duties ,summons and production of witnesses in courts,
anti-terrorist and anti-extremist operations, intelligence gathering, bandobast 26 during elections,
crowd control and several other miscellaneous duties. Often even fire protection and and rescue and
relief are treated as police functions. In addition, giving support to state functionaries in removal of
encroachments, demolition of unauthorised structures and such other regulatory activities are also
treated as police responsibilities. Aggregation of all these functions in a single police force is clearly
dysfunctional for four reasons: First, the core functions are often neglected when the same agency is
entrusted with several functions. Second, accountability is greatly diluted when duties cannot be clearly
and unambiguously stated and performance cannot be measured and monitored. Third, the skills and
resources required for each function are unique and a combination of often unrelated functions
undermines both morale and professional competence. Fourth, each function requires a different
system of control and level of accountability. When a single agency is entrusted with all functions, the
natural propensity is to control all functions by virtue of the need to control one function. There is need
to strike a balance between authority and accountability, and between autonomy and coordination.
Excessive fragmentation of the police force is as detrimental to public good as over-concentration. Till
date police is performing aggregate functions varying from maintenance of law & order to ceremonial
duties and other miscellaneous duties. Police forces have been structured on the pattern of the
armedforces. Even, presently, a culture of demanded obedience and strict hierarchical control has made
police a highly centralised police.

The perception of an average citizen is that the police is, essentially, a crime prevention and
investigation agency which is responsible for unearthing evidence in a crime, identifying the culprit,
establishing the means, motive and opportunity,etc. However, in real life this core function, often, is
relegated to the background. Excessive reliance on brawn in other areas as blunted the professional
skills required for effective investigation. The use of third degree methods to extract a confession from
an accused or obtain cooperation of the culprit to recover stolen goods or unearth other evidence
sometimes replaces analytical investigation. Failure to link all the threads in a criminal case and produce
clinching evidence often leads to over-reliance on oral testimony in court. The net result of crime
investigation is the widespread belief that crime pays and the perpetrator can escape the clutches of
law. It is in this background that many expert bodies and jurists have been urging that crime
investigation should be separated from other police functions and needed autonomy, professional skills
and improved infrastructure provided to deal with the challenges of rising crime.

11
(http://ncrb.nic.in/CD-CII2013/compendi um%202013.pdf).
 The major chunk of police personnel comprises of constables (nearly 87%).35 The position of the
constable is the lowest in the hierarchy of the police officials. The statutory power of investigation is
stations usually a sub-inspector in rural police stations, and an inspector in urban police stations.as a
result ,constables have become machines carrying out the directions of their superiors with little
application of mind or initiative. Constant political interference in transfers, placements and crime
investigations,longdifficult working hours,the menial duties they are often forced to perform order of
senior policemen,and the emphasis on brawn rather than brain in most situations tend to brutalise and
dehumanise policemen. A study conducted by the National Council of Applied Research on the working
conditions of the constables in Delhi and UP has revealed that more than 50% of the constables are
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transferred from one place to another in less than one year The study further revealed that transfers
were too frequent, adhoc, arbitrary in nature and usually adopted to punish the erring officers or to
please the local politicians. One of the study conducted on police in J&K suggested that the lower rank
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offcials had to wait for long to get the promotion and further revealed that promotional avenues were
14
not adequate The rewards and incentives were not linked with the performance appraisal of the
employees. The lower ranks of police are not provided opportunity to do self-review in the performance
appraisal process, thereby, indicating that the immediate supervisor opinion was the sole criteria to
15
appraise the police offcials. The morale and motivation of the Police offcers is often found low and the
reasons are: poor work culture, uncongenial work environment, long duty hours, too much
subordination, low pay scales in the back drop of challenging nature of job. .To improve the image of the
police and uplift their morale and motivation, the police offcials should be introduced to some
incentives like performance pay and explicit financial incentives which were totally unknown to the
16
police managerial system To relieve the police from work pressure, long working hours and fatigue,
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some of the states have opted for shift system with variation in application. It is a fact that Police and
Policing in the country has changed substantially since independence yet long way to go to attain the
goal of hi-tech policing; having technology and using technology are two different things. The
Information and Communication technology has proved to be booster in breaking serious nature of
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crimes and also combating and curbing terrorism effectively The detection of cybercrime with the help
of technology is another achievement but technology is not available at all the levels.

It is often highlighted by the media that there exist a nexus between police and the criminals .as a result
police seldom take any effective crime control measures to curb the activities of criminals and other anti
social elements . very often there is a sweeping derogatory allegation that the police ,all along the line ,
are sterious in nature ,monstrous in proportion and detrimental to the formation of a bond bond of
mutual trust and confidence c with people , a bo nd so essential for the for the proper functioning of the
poliice system .such denigration of the police is unfairb and unwarranted as it means right from the
police chief to the constables on the beat are steeped in corruption and they exist merely to obtain

12
Shodhganga.inÀibnet.ac.in/bitstream/10603/7597/.../12_ chapter%207.pdf
13
Rouchi Chaudhary, Ph.D Thesis: Human Resourse Delevepmet Practice of the Police Personnel (Non- Gazetted): A
Case of the State of Jammu and Kashmir, Unpublished work. Pp-232
14
Ibid pp-236
15
Ibid pp-290
16
http://economics.mit.edu/¿les/10192. pp-4
17
http://bprd.nic.in/writereaddata/linkimages/5122897254-
National%20Requirement%20of%20Manpower%20for%208%20 Hour%20Shifts%20in%20Police%20Stations.pdf.
Pp-16
18
http://mha1.nic.in/par2013/par2013-pdfs/ls-110214/3300.pdf
illegal gains rather than protectinmg society from criminals .at the same time another impression that
has gained groung in the public mind is that the police in india is quite efficient and capable of solving
any crime ,getting at the criminals ,and collecting and marshalling evidence to [prosecute them in court
1920
if they are motivated to act that way .both the impressions are equally unfounded .

There is a close nexus between police and politics . a plice agency can be defined as a legitimate
governmental body given the authority to maintain order,prevent crime , and enforce the laws of
government . in other words , the police agency ensures that the government remains a stable and and
respectable entity within the society . the job of the e police does not exclude anyone from abiding by
the law ,in theory .in reality,political influence over the police has not allowed for the realization of this
theory .politics is the art of exerting ones power exerting ones power over the government or political
affairs political action can result in imposing ones interests within the government ,in leadership within
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the government , in control over resources ,and in holding government office .there are many problems
with existing policing system .these are as :

1 the police do notr have functional responsibility while remaining under the supervision of political
executive .

Political control of police by political executive is not conditioned and is not kept within its legislative
bounds .

Need for police reforms

The document prepared by Department of Administrative Reforms and public grievances has chalked
out a Code of Ethics which needs implementation. The objective of code is to prescribe standards of
integrity and conduct that are to apply in the public services. Police administration need to follow these
values:

· Selflessness: Holders of public office should take decisions solely in terms of public interest. They
should not do so in order to gain financial or other material benefits for themselves, their family or their
friend.

· Integrity: Holders of public office should not place themselves under any financial or other obligation
to outside individuals or organization that might influence them in the performance of their official
duties.

· Objective: In carrying out public business, including making public appointments, awarding contracts,
holders of public office should make choice on merit.

· Accountability: Holders of public office are accountable for their decisions and actions to the public and
must submit themselves.

19
.
20
21
· Openness: Holders of public office should be as open as possible about all the decisions and actions
that they take. They should give reasons for their decisions and restrict information only when the wider
public interest clearly demands.

· Honesty: Holders of public office have a duty to declare any private interest relating to their public
duties and to take steps to resolve any conflicts arising in a way that protects the public interest.

· Leadership: Holders of public office should promote and support these principles by leadership and
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example (Goel, 2014).

This was realised by the colonial rulers themselves. For example, the Indian Police Commission
appointed in July, 1902 under the chairmanship of Sir A.H.L. Fraser concluded “The police force is far
from efficient; it is defective in training and organization; it is inadequately supervised; it is generally
regarded as corrupt and oppressive; and it has utterly failed to secure the confidence and cordial co-
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operation of the people.”

Criminalisation of politics has gradually led to undermining the authority of the police leadership and
consequently the discipline of the force. The police are a hierarchical organisation. If the effectiveness of
the leadership is undermined, the entire force becomes vulnerable to wrong influences, with the
functionaries at different levels looking elsewhere for protection and rewards. Besides breeding
indiscipline in the force, it promotes a climate in which impunity flourishes. It ultimately shakes the
confidence of the public in the police.

“Today we have a police, which is politicised and politically polarised. For it has become a pawn in the
hands of its masters. In return, the policemen get political patronage, which has become essential for
24
their survival.”

There is an upsurge in criminal activities or a particularly heinous crime is committed, the public tend to
blame the police. The general tendency is to hold the police solely responsible for any increase in crime.
For example, the total cognizable 15 crime registered under the Indian Penal Code (IPC) increased from
only 6.25 lakhs 16 in 1951 to 17.2 lakhs in 2003. The total cognizable crime in 2003 was about 55 lakhs,
25
including 37.8 lakh offences 17 registered under the local and special laws.

Supreme Court Order in Prakash Singh vs Union of India

In 1996, a petition was filed before the Supreme Court that raised various instances of abuse of power
by the police, and alleged that police personnel perform their duties in a politically partisan manner.The
court required that minimum tenure of service be guaranteed to key police officers to protect them
from arbitrary transfers and postings.The SC’s directions included a fixed tenure of two years for top
police officers in crucial positions, setting up of a State Security Commission (in which the leader of the

22
Goel, S. L. (2014). Police Governance and Administration. New Delhi: Regal Publications.
23
Government Central Printing Office, Simla, 1903, Report of the Indian Police Commission, 1902-03, p 150
24
The Department- Related Parliamentary Standing Committee on Home Affairs (April 2002): Eighty- Eight Report
on The Demand for Grants (2002-2003) of Ministry of Home Affairs, p 31
25
The substantive criminal law of the country is contained in the Indian Penal Code, 1860 and various special and
local laws enacted by the central and state legislatures from time to time. These laws define different types of
crimes and prescribe appropriate punishment for offences.
Opposition party also had a role, and would give policy directions to the police), the clear separation of
law and order and crime functions of the police and creation of a Police Establishment Board to regulate
police placements. It also mandated a new Police Act on the basis of a model Act prepared by the Union
26
government and circulated to the States.

S thome recommendations of national police commission o

The national police commission was appointed by government of india in 197r7 with wide terms of
reference covering the police organization ,its role,functions,accountability, ,relations with
public,political intrerference in work , misuse of powers , evaluation of its performance etc this wsas the
first commission appointed at the national level after independence .it produced eight reports between
1979 and 1981 suggesting reforms in the existing police set up .

The first and second report talks about criminalization and politicization of police respectively.

First report:

According to national police commission, any arrangement for enquiry into complaints against the police
should be acceptable both to police and public as fair and just . the commission therefore suggested
arrangements which would include inquiries conducted by departmental authorities anmd those
conducted by an independent authority outside the police .the commission felt that a larger number of
complaints against police should be looked into and disposed off by the supervisory ranks in the police
hierarchy. The commission recommended that a judicial enquiry should be made mandatory in the
following categories of complaints agsainst the police:

Alleged rape of a woman in police custody.

Death or grevious hurt caused while in police custody

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Death of two or more personsresulting from police firiong in the dispersal of unlawful assemblies.

second report

in the existing set up the police function under the executive control of the state government .according
to the commission , the manner in which political control has been exercised over the police in this
country has led to gross abuses ,resulting in erosion of rule of lgaw and loss of police credibility as a
professional organization .the threaty of transfer /siuspension is the most potent weapon in the hands
of the politician to bend the police down to his will. The commission recommended that the
superintendence of state GOVERNMENT OVER THE POLICE SHOULD BE limited to ensure that police
performance is in strict accordance with law . in the performance of its tasks , the police shoul d be
subject to overall guidance from the government which should lay down broad lipolicies for adoption in
different situations s .there should however be no instructions in regatrd to actual operations in the
field. In regard tiuo investigation in any case ,the policgre are beyond any interveeention by the
28
executive or politicians.

26
27
aea
28
ay
mixed up with the criminals and they get a share of the criminal’s spoils .such an allegation is quite
prepo

POLICE ACCOUNTABILITY:

National police accountability systems necceed to provide c tontrl mechanisms that are capable of
preventing the misuse of police powers and that reflect the need for the police to find a balance
between state directives ,community co9ncerns and professional principles while at the saume time
acceptimg independent scrutiny .the quality of policing is the product of its effectiveness and
legitimacy.police can establish ,restore or enhance public confidence through measures that enhance
accountability ,in particular by accepting civilian oversight .such oversight requires transparency,police
forces with high levels of integrity will have fewer difficulties being transparent and accountable.

Effective police accountability entails both preventive and corrective measures,involves a range of
players representing different groups,both from within and outside the polivce ,and targets individual
police officers as well as their loine managers and the organization as a whole.effective police
accountability requires a tailor made approach based on a thorough assessment of the context i8n
which the police are to operate .

Police accountabilitry involves the actors like police,ministry,police

inspectorate,prosecution,judges,parliament or parliamentary committeees ,municipal,district and
provincial administration like mayor,cityu council,governor,perfect,national human rights institution or
ombudsman,police complaints bodies,independent police oversight bodies ,non governmental
organisations and civil society organisations,academics,media,individual members of the public
,international treaties bodies,special bodies set up under peace organisations.

All of the actors have a part to play in ensuring the police remain accountable and that they are
performing their duties in accordance with expectations .state institutions need to provide guidance and
direction and assess whether police actions are whether police actions are in compliance with this,while
refraining from interfering in police actions and operations ,the public can inform the police of their
main concerns and expectations and file complaints,and independent institutions can evaluate police
performance and compliance with trhe law and op[erational instructions .the police are only actor
29
involved before ,during and after actions and operations

DEALING WITH COMPLAINTS AGAINST POLICE

ONE feature of an effective accountability system is a procedure for dealing with complaints against
police officers ,as filed by public as well as by fellow police officers .whiole accountability comprises
more than a complaints system alone ,an effective system enjays the confidence of the public and the
police alike is an im[portant indiocator of high standars of accoiuntability and is likely to help police in
restoring or enhancing public confidence .the procedure must ensure trhat complaints are dealt with
appropriately and proportionally.

PRESERVING AND ENHANCING POLICE INTEGRITY:

29
For police to be able to carry out their job fairly and effectively ,the necessary conditions ,including
guidelines and code of conduct ,well prepared police staff and good working conditions ,need to be in
place.

CONCLUSION:

The police institution possesses symbolic power and is the subject of state list .when there is a decrease
of public trust and confidence in the police it needs to be reformed .due to lack of transparency and
accountability the police institution is recognized as criminalized police institution .both criminalization
and politicization leads to corrupt police practices due to which the politicians and criminals are escaped

Due to which the police own no respect in society.all the three institutions that is the
executive,legislature and the judiciary should make strict laws to increase the accountability of police
institution .the guidelines laid down in prakash singh case,the national police commission report should
be implemented stringently by the state government.the living and housing conditions of police should
be made better ,they should be provided holidays so that they are not deviated towards criminals and
politocians money and will able to serve the nation better.there should be proper provisions for transfer
of police so as to not to be influenced by political party in power and one of the most important thimg is
the advancement of technology and today in digital india there should be use of computers and record
should be investigated regularly by higher officials.