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Police Reforms
Context:
With the new criminal laws coming into effect from 1st July 2024, there have been changes in the basic duties of the police, including the procedures for registering FIRs, videography, and provisions for arrests.
Important Provisions under new criminal laws:
- Rules for registering FIRs: The officer in charge of a police station must register a zero FIR regardless of jurisdiction and transfer it to the appropriate station.
- The Bharatiya Nagarik Suraksha Sanhita (BNSS) mandates this under Section 173, with penalties for noncompliance.
- Rules for videography: The BNSS requires police to videograph searches (Section 185), crime scenes (Section 176), and property possession (Section 105). Negligence may benefit the accused, so officers need electronic devices and training.
- The eSakshya app by NIC (National Informatics Centre) captures geo-tagged, time-stamped photos and videos, ensuring data integrity, and is accessible to the judiciary, prosecution, and cyber forensics under the ICJS.
- Provision of arrest:The BNSS mandates displaying information about arrested persons at police stations(Section 37) and restricts arresting frail, sick, or elderly individuals(Section 35(7)) without DySP permission for minor offences.
- Handcuffs are permitted but must be used cautiously, only if there’s a risk of escape or harm.
The constitutional provision of the police system:
- Police is an exclusive subject under the State List (List II, Schedule 7 of the Constitution).
- However, the centre is also allowed to maintain its own police forces to assist the states with ensuring law and order. For ex-CRPF, CISF.
Need for Police Reforms in India :
- Government spending on police modernization is low due to inadequate allocation and underutilization of funds.
- An overburdened police force: As of January 1, 2022, India’s police-public ratio is 152.80 per lakh persons, below the sanctioned ratio of 196.23 per lakh persons and well below the UN-recommended standard of 222 police per lakh persons.
- 86% of state police are constables who typically receive one promotion and usually retire as head constables, which may reduce their incentive to perform well.
- Centre-state tussle:Despite policing being a state subject, the public often favours CBI investigations over state police interventions due to a lack of trust in local forces, resulting in tensions between the Centre and states.
- Examples include conflicts like those between West Bengal Police and the CBI, and states like Tamil Nadu withdrawing general consent for CBI investigations.
Recommendation regarding police reforms
- The Padmanabhaiah Committee (2000) proposed standardising police recruitment and training.
- The Second Administrative Reforms Commission (2007) proposed separating crime investigation from law and order maintenance within the police.
- Malimath Committee 2003: A complete revamping of the entire criminal procedure system, like the Creation of funds to compensate victims turning hostile under the pressure of culprits and Separate national-level authorities to deal with crimes threatening the country’s security.
- In the case of Prakash Singh v. Union of India (2006), the Supreme Court addressed police abuse of power and political interference by issuing guidelines:
- Fixed tenure and selection process for Directors General of Police (DGPs) to prevent last-minute appointments.
- Police Establishment Boards (PEB) to handle officer postings.
- State Police Complaints Authority (SPCA) for public grievances against police actions.
Way Forward
- State Governments are tasked with adopting the Model Police Act 2006 drafted by the Central Government to modernise and reform their police forces into a SMART entity: Strict and Sensitive, Modern and Mobile, Alert and Accountable, Reliable and Responsive, Techno-savvy and Trained.
- Police-public relations: The 2ndARC highlighted poor police-public relations due to perceptions of corruption, inefficiency, political bias, and unresponsiveness.
- Community policing models like Kerala’s Janamaithri Suraksha Project, Rajasthan’s Joint Patrolling Committees, and Assam’s Meira Paibi can address this.
- Revamp the ‘Thana’ system, which serves as the fundamental unit of police operations and connects directly with the public.
- Priority should be given to enhancing the working conditions of constables at the thana level.
- NITI Aayog Suggestions on Police Modernisation
- Greater representation of women– The states should be encouraged to ensure that the representation of women in the police force is increased. For ex-Bihar, 33% of women in the police force rule.
- Place police and public order in the Concurrent List.