The shackles of 1861 need to go

GS Paper 2

Syllabus: Police Reforms

Direction: Can make a few notes, but be very selective. Read it once to understand the changes.

Context: On the 75 anniversary of India’s importance, the author analyses the need for police reforms

IPC 1861: The main objective was to use the police as a weapon of repression and strengthen the hold the British had over India. The prevention (and detection) of crime was never their priority. Most of the constabulary was illiterate and not paid even a ‘living wage’.

• Fraser commission reforms (1902-03) were not accepted.

However, Since independence there have been numerous changes:

• For women:
  • Check the social evil of dowry: the Dowry Prohibition Act was passed in 1961.
  • Sections 498A (cruelty by husband and his relatives) and 304B (dowry death) along with certain amendments in the Evidence Act.
  • Custodial torture and sexual harassment of women have been held to be violations of fundamental rights.
• For children:
  • The definition of rape has been widened and offences related to sexual assault made tougher.
  • Protection of Children from Sexual Offences Act, 2012, and the Juvenile Justice (Care and Protection of Children) Act, 2015, have been enacted
• For business:
  • Ease of doing business: Electronic documents and signatures have been given legal sanctity to facilitate online transactions and check cybercrime under the Information Technology Act of 2000.
• Against discrimination:
  • The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, was enacted in 1989.
  • Reading down Section 377 of the IPC (a relief to the LGBTQ+ community)
• Against terrorism
  • The National Investigation Agency was constituted in 2008 (after the deadly 26/11 terror attacks in Mumbai) to investigate and prosecute offences affecting national security.
• For Individual:
  • The right to privacy has been recognised as a fundamental right.
  • ‘Sedition’ (Section 124A) act is under the scrutiny of the supreme court.
• Institutional changes:
  • Move towards inquisitorial system: Attempt to blend some elements of the inquisitorial system into the (prevalent) adversarial system by making judicial inquiry into custodial death and custodial rape mandatory.
  • Introduction of the police commissionerate system (Kolkata, Mumbai, Hyderabad, Chennai, Lucknow and Noida)
  • Reformation rather than retribution: The Probation of Offenders Act, 1958, with an objective more to reform, rather than punish, offenders.
  • Power to arrest having been curtailed, the use of handcuffs restrained
  • The presence of a lawyer permitted during interrogation
  • CCTV cameras installed in the police stations
  • Human rights bodies are allowed to keep a constant eye.

Limitations of reforms:

• Police continue to be haunted by allegations of being a brute force.
• The trust deficit does not appear to have bridged.
• Committee/ SC guidelines: Prakash Singh v. Union of India (2006): but implementation has been poor.
• Despite ‘Police’ is a State subject, no State government has given due attention to police reforms so far
• Directive of separating investigation from law and order was not implemented by States and Union Territories in the true spirit
• No State or UT has adopted the Model Police Act drafted by Soli J. Sorabjee.
• Overarching power of DM:
  • District Superintendent of Police is unable to transfer his Station House Officers without the approval of the District Magistrate in U.P.
  • The performance appraisal report of a Superintendent of Police is still written by the District Magistrate despite SC’s directions to the contrary

Solution:

• Additional funding and training
• Improving soft skills and ensuring investigation in an impartial manner
• Unwanted and mechanical arrests need to be stopped
• More offences can be made bailable and more brought under the ambit of compounding to lighten the burden on jails
• The use of technology and forensic techniques must be encouraged to enhance the quality of evidence.
• Specialised wings need to be established to deal with newer types of crime.

Conclusion:

The police should be accountable only for their constitutional goal of establishing the rule of law.

Insta Links

Police Reforms

Mains Links

Q. Trace the journey of police reforms in India since independence. Examine as to why despite many attempts at reforms, the police are top heavy, selectively efficient and unsympathetic. Suggest measures to have a more responsive and respected police force. (250 Words)