EDITORIALS & ARTICLES
One nation, one police is a reform that is long overdue
The Government of India has been talking of “One Nation, One Ration Card”, “One Nation, One Registry”, “One Nation, One Gas Grid”, and even “One Nation, One Election”.
- The idea of One Nation One Police would contribute to an integrated scheme in different facilities and networks across the country.
Need for Police Reforms in India
- Every state is legislating a different Police Act: These Acts are being passed purportedly in compliance with the Supreme Court’s directions on police reforms given in 2006.
- Eighteen states have already passed Police Acts and India is in the process of having “one nation, many police acts”.
- Violations of Supreme Court’s decision: In the absence of any central guidance or directive, several states passed their own Police Acts and blatantly violating the Supreme Court’s directions.
- Lack of will for uniform police reforms: Neither the central leadership nor the state satraps displayed any such intent to implement police reforms and haven’t showed the required vision.
- Poor governing structure of police: The archaic police structure created by the imperial power continues to haunt us and gives us harrowing moments from time to time with police not being able to meet the democratic aspirations of the people.
- Police being used as political tool: Both the Central and State police forces come under the superintendence and control of political executives which has resulted in the lack of democratic functioning and appropriate direction.
- There has been an instance where Mumbai police commissioner had accused the state home minister of using the police as an instrument for extortion.
- Manpower shortage in the police department: The police-population ratio, currently 192 policemen per lakh population, is less than what is recommended by UN i.e. 222 policemen per lakh population.
- It results in the overburdening of work not only reduces the effectiveness and efficiency of the police personnel but also leads to psychological distress which contributes to various crimes committed by the policemen.
Challenges in implementing Police Reforms
- Problem in restoration of the culture of law: The challenge of India is to restore the culture of rule of law, and make police and justice accessible, effective and credible.
- Trust deficit in police: The people have little or no faith left in the police system and the restoration of that faith is an uphill task.
- Constitutional Limitations of Central Government: Police being a State subject in the seventh schedule to the Constitution of India, it is primarily the State Governments who have to implement the various police reforms measures.
- The Centre has been making consistent efforts to persuade the States from time to time to bring the requisite reforms in the Police administration to meet the expectations of the people.
- Politicization of Police: The pressure from politicians is the biggest hindrance in crime investigation such as premature transfers of police investigating officers.
Measures to be adopted for Police Reforms
- Uniform law based on Model Police Act, 2006: The Government of India should have enacted a law based on this Model Police Act with such changes as it may have found necessary, and the states should have mutatis mutandis adopted it.
- It would have ensured a uniform police structure across the country.
- Cooperative Federalism: The best option would be for the central and state governments to respect each other’s turf in a spirit of cooperative federalism.
- It would be necessary to have a fresh look at the distribution of powers in the seventh schedule of the Constitution.
- Creation of independent complaint authority: Both the Second Administrative Reform Commission and the Supreme Court have accepted the need for having an independent complaint authority to inquire into the cases of police misconduct.
- Functional autonomy: While recognizing that the police is an agency of the State and therefore accountable to the elected political executive, the Committee has specifically outlined the role of Superintendence of the State Government over the police.
- The Model Police Act suggested creation of a State Police Board, Merit-based selection and appointment of the Director General of Police, ensuring security of tenures, setting up of Establishment Committees.
- Constitute a Police Establishment Board: It will decide postings, transfers and promotions for officers below the rank of Deputy Superintendent of Police, and make recommendations to the state government for officers of higher ranks.
- Restore the autonomy of the DGP heading the state police: It will begin with the defining of the process of DGP's selection and appointment itself.
- The Centre must actively discharge its constitutional duty of reprimanding a state for serious failures in the sphere of implementation of law and maintenance of order.
Road ahead
- There is need to act with conviction and without further delay upon remedial measures to prevent interference with, and misuse of the police by illegal or improper orders or pressure from political, executive or other extraneous sources.
- The police must be accountable as an organization and officers must be accountable as individuals for their actions.
- The performance evaluation must be built in to the policing laws to ensure organizational accountability, while independent civilian oversight has proven to be the most effective accountability mechanism for individual officers in reforming jurisdictions around the world.
- The policing in India must become officer-oriented which is not what obtains at the police station, the focal point of law and order management.
- It has to be stated that police reforms in this country must begin with the Indian Police Service redefining its role and responsibility in helping to run a secular democratic rule.
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