Governance

Police Reforms

The need for reforming the police system in India has been recognized for many years. The system of policing in our country is essentially based on the Indian Police Act of 1861, which was designed to sustain the British colonial rule. Since Independence, several attempts have been made to devise a statutory framework for an effective, accountable and people-friendly police service, but the considered recommendations of various expert committees and commissions have largely been ignored. Although many states have enacted their own versions of the Police Act, the basic framework of these Acts and their supporting structure, namely the Indian Penal Code, the Criminal Procedure Code and the Civil Procedure Code, remain largely unchanged.

Deficiencies on this front have led to decline in trust in the state’s capacity to protect life and liberty and to enforce rights. Also with the ever increasing instances of gross lapses in police conduct vis a vis citizens it is necessary that trust between citizens and the police is restored. This can only happen if there is transparency and basic accountability in the day to day functioning of the police and police stations. The deficiencies in this vital area need to be plugged through Police Reforms, better citizen police interface, transparency, accountability, effective and integrated approach to public order maintenance, etc.

The last few years have witnessed some genuine efforts to reform the police due to the unstinting efforts of the civil society and some positive judgments by the Apex Court. The Supreme Court ‘directives’ of September 22, 2006 contained in the ‘Prakash Singh vs Union of India and Others’ is one such landmark judgment. The Court had issued seven clear and time-bound directions to the Centre and State governments which have still not been complied with by many states.

In September, 2005, a Police Act Drafting Committee (PADC) was constituted by the Government of India under the Chairmanship of Mr. Soli Sorabjee to draft a new Police Act that could meet, inter alia, the growing challenges to policing and to fulfill the democratic aspirations of the people. The Model Police Bill, which was submitted to the Government in October 2006 made recommendations for bringing about attitudinal changes in the police and eliciting the cooperation and assistance of the community. Further, the second Administrative Reforms Commission (ARC) set up by the Government on August 31, 2005 in its 5th Report, titled “Public Order” submitted a detailed blueprint for revamping the police administration system.

Common Cause is of the view that these three formulations taken together form a very credible base for reforming the system of policing to meet the contemporary needs of a pluralist democracy undergoing rapid socio-economic change. There should be a coherent position on police reforms, which each of us can take forward, individually and collectively. The media also has a valuable role to play in disseminating relevant information, raising public awareness about the criticality of effective and citizen-friendly police service and building a constituency for good governance, including good policing.

To this end, a number of initiatives have been taken by Common Cause over the years to strive for reforms in this crucial sector. Presented below is an overview of some of such initiatives:

Annual State of the Police Report( ASPR )

Common Cause seeks to launch an Annual State of the Police Report (ASPR )as a regular feature as part of its portfolio of activities. It is felt that the ASPR Survey would be a valuable tool for the antiquated police administrative system as it would provide a firm statistical foundation to the advocacy for police reforms and generate time series data on the satisfaction levels of the citizens to monitor its impact on the ground.

Common Cause is interacting with CSDS, Lokniti, CHRI, ADR and Transparency International to collaborate on ASPR and also a Police Performance cum perception Index. It is felt that the need is to work towards making the police force functional and effective for the ordinary citizen, particularly for the weaker sections.

Common Cause joined hands with Mr. Prakash Singh, Former Director General, BSF, in filing a petition in the Supreme Court for bringing about a total revamp of the police system in the country. This led to the landmark judgment of September 26, 2006, mentioned above, in which the Apex Court gave seven clear and time-bound directions to the state governments and the Union Government for ensuring the functional economy and public accountability of the police. These directions of the Supreme Court on state level policing and internal security also find a parallel in the provisions of the Model Police Act (MPA).
The endeavour of Common Cause has been to facilitate the emergence of a national consensus for expeditious implementation of the directions of the Supreme Court and for the enactment of contemporary police laws inspired by the Model Police Act and the formulations of the Second Administration Reforms Commission in its 5th Report, titled “Public Order”.
Against this background, Common Cause organized a day long seminar on “Making our Police Effective & People-friendly” on July 4, 2009 which was an attempt to enlarge the ambit of the ongoing discourse on Police Reforms in order to put the people centre stage.
The conclusion arrived at in the seminar was that a combination of positive developments in the recent past have provided a credible base for comprehensive reforms to transform the police forces into effective and citizen-friendly organizations committed to upholding the rule of law and to rid them of their colonial mindsets.
Hence, by way of follow up, intensive efforts were made to harness the consonance in the prescriptions mentioned above in order to hasten the required reforms and make a tangible impact on the ground.
As a part of this endeavour, Common Cause addressed an appeal to all Members of Parliament, drawing their attention to the recommendations of the Soli Sorabjee Committee and the Second Administrative Reforms Commission in its report on “Public Order”.
Common Cause began a campaign for enactment of a new legislation meeting the contemporary needs of policing in the states and the UTs.
A letter addressed to Shri P. Chidambaram, Union Home Minister, on August 11, 2009, requested him to adopt the legislative framework recommended by the Police Act Drafting Committee to enact a new Police Act for the Union Territories. It was pointed out that this initiative would also enhance the capacity of the Union Government to induce the states to review and reform their police laws to meet contemporary needs.
A delegation of Common Cause, comprising Shri Prakash Singh, Shri K.K Jaswal and Shri Sarvesh Sharma met Shri G.K. Pillai, Union Home Secretary, on August 27, 2009 to urge him to revive the process of enactment of the Model Police Act, 2006, incorporating the citizen-centric modifications suggested by the Second Administrative Reforms Commission.
Meanwhile, the Union Home Ministry issued administrative instructions for implementing various directives of the Supreme Court in Prakash Singh’s case as applicable to the Union Territories. These measures were designed to insulate the police from political pulls and pressures while enhancing their public accountability.
In September 2009, the Union Home Secretary requested the Lt. Governor of Delhi to send a legislative proposal for amendments to the Delhi Police Act, 1978, in conformity with the Supreme Court directions and the provisions of the MPA. The Lt. Governor forwarded a draft “Delhi Police (Amendment) Bill, 2010” to the Union Home Ministry on February 23, 2010. The proposal was put in the public domain for comments.
After an independent study of the Amendment Bill, Common Cause and two other civil society organizations, which have been keenly interested in police reforms, viz. Commonwealth Human Rights Initiative (CHRI) and Foundation for Restoration of National Values (FRNV), came to the conclusion that it is not feasible to overcome the inherent limitations of the Delhi Police Act, 1978 through the amendment route in order to convert it into a framework legislation capable of meeting the contemporary needs of policing in the context of a hostile security environment, mounting societal tensions and rapid urban expansion.
Against this backdrop, the three civil society organizations jointly drafted an alternate “Delhi Police Bill, 2010”. The Bill, based essentially on the Model Police Act, 2006, faithfully incorporated the directions of the Supreme Court in Prakash Singh’s case and also took into account the relevant recommendations of the Second Administrative Reforms Commission. On the other hand, those provisions of the Delhi Police Act, 1978, and the Amendment Bill, which sought to replicate the existing provisions of other specialized laws and codes were excluded in order to obviate potential conflicts or redundancy. This formulation reflected the deep desire of the citizens of India, and of many eminent organizations, corporate firms and civil activists, to improve the state and status of the police services across the country.
Common Cause, CHRI and FRNV transmitted their proposal to the Union Home Secretary on May 3, 2010 along with an Executive Summary of the proposed bill. Thereafter a delegation from these organizations called on the Union Home secretary on May 7, 2010 to present a copy of the draft Delhi Police Bill, 2010.
Another delegation of the three civil society organizations met with the Lt. Governor of Delhi, Shri Tejinder Khanna to apprise him of the deep concerns about the content and process of the proposed draft “ Delhi Police (Amendment) Bill, 2010 and also hand over a copy of the formulation prepared by these three organizations. A joint letter addressed to the Lt. Governor was sent on May 24, 2010 requesting him that broad-based consultations with the public are continued in earnest and the scope of “The Delhi Police (Amendment) Bill, 2010 is widened to include the formulation proposed by the three civil society organizations.
Finally, the relentless effort of Common Cause, FRNV and CHRI in pressing for a new police law for Delhi bore fruit and the Ministry of Home Affairs put up a Draft Bill for Delhi reflecting some of the propositions contained in the draft Delhi Police bill prepared and submitted by the three civil society organizations.
Initiative for a new Police Law for Uttar Pradesh: Capitalizing on the experience of participation in the exercise of formulation of a progressive police law for the NCT of Delhi, CC had addressed a letter to the Chief Minister of Uttar Pradesh on Feb 14, 2011, offering the assistance of the coalition of civil society organizations in drafting a police law for UP incorporating the directives of the Supreme Court and the essential features of the Model Police Act. The first draft (Model Police Act, 2011 for UP) of such a formulation was also proposed for her consideration.
On August 24, 2012, a joint submission by CC, CHRI and FRNV was made before the Joint Director, Rajya Sabha, in response to an advertisement calling for written suggestions on the subject of “Functioning of Delhi Police”.Our view was that it was the primary duty of the State to secure the life, liberties and property of its citizens and therefore, the police needed to function not as a coercive force, but as a service committed to providing an environment within which every individual or group can realize and enjoy the fundamental freedoms and liberties given by our Constitution and the genius of our people can reach its optimal level. Such a police service alone would be able to address the contemporary and emerging needs of policing in a democracy. Accordingly, we suggested that the process of reform and modernization of the Delhi Police (and indeed of all other police services in the country) must include features like Performance Measurement, Internal Assessment, Professionalism and Technological Support, Prioritization and Focus on Core Police Functions and Duties, Transparent procedures for Recruitment, Promotion, Grievance Redressal and Welfare, Effective mechanisms for Cooperation and Collaboration, etc.
Joint submissions were made before the Justice J. S Verma Committee on Jan 5, 2013, underling the urgency of a comprehensive revamp of the criminal justice system, including policing. CC made additional submissions urging that the Committee should finalize its report after extensive stakeholder consultations and a public debate over its draft recommendations. For summary of submissions click here.