Police Reforms in India: From a Culture of Coercion to a Rights-Based Framework

Syllabus: GS2/Governance

Context

• It is time for a policing reset in India where human dignity and professionalism replace fear, coercion and the illusion of quick justice.

Why Policing in India Needs a Reset?

• Legacy of Colonial Control: India’s police system is still governed by the Police Act of 1861, designed by the British to suppress dissent and protect imperial interests.
  • Post-independence, this structure remained largely unchanged, leading to a force that is often elitist, politicized, and unaccountable.
• Custodial Violence: Over 687 custodial deaths (approx. 2–3 deaths per week) were reported between 2018–2023 (According to a 2023 Lok Sabha reply).
• Bias and Discrimination: The Status of Policing in India Report 2025 found widespread caste and religious bias among police personnel.
  • Many officers believe certain communities are ‘naturally inclined’ to crime, legitimizing profiling and abuse.
• Lack of Accountability: Disciplinary action is rare, and criminal convictions for police misconduct are even rarer.
  • Oversight mechanisms are weak or absent, and societal tolerance for custodial violence normalizes impunity.

Scientific and Legal Case for Reform

• Legal Safeguards Ignored: Supreme Court rulings like D.K. Basu v. State of West Bengal (1996) and K.S. Puttaswamy (2017) affirm rights against torture, detention protocols and uphold bodily autonomy.
  • The Law Commission’s 273rd Report (2017) recommended a standalone anti-torture law, but Indian Parliament has not enacted it.
  • India hasn’t ratified the UN Convention Against Torture.
  • In 2025, India was ranked a ‘high-risk’ country in the Global Torture Index — a damning indictment.
• Scientific Evidence: Neuroscience shows torture impairs memory and cognition, making confessions unreliable.
  • Real-world examples—from the Algerian War to CIA black sites—prove that torture yields false or unusable intelligence.

Recent Legal Reforms Proposed for Policing in India

• Revamping Colonial-Era Laws: The Police Act of 1861, designed for colonial control, still underpins policing in India.
  • Reforms aim to replace this with a Model Police Act that emphasizes:
    • Accountability to citizens;
    • Community-oriented policing;
    • Separation of law enforcement from political influence
• Supreme Court’s Prakash Singh Directives (2006): These include:
  • State Security Commissions to insulate police from political pressure;
  • Fixed tenures for senior officers to prevent arbitrary transfers;
  • Separation of investigation from law and order duties;
  • Police Establishment Boards for transparent postings and promotions;
  • Independent Complaints Authorities to handle misconduct
• Committee Recommendations:
  • National Police Commission (1977–81): Professionalism, citizen accountability, fixed tenures;
  • Ribeiro Committee (1998): Independent oversight, modern training;
  • Padmanabhaiah Committee (2000): Community policing, decentralization;
  • Malimath Committee (2002–03): Forensic upgrades, federal crime agency;
  • Law Commission (273rd Report, 2017): Anti-torture legislation, better custodial safeguards;
• Modernization & Technology: Push for SMART (Sensitive, Modern, Accountable, Reliable, Tech-enabled) Policing. It emphasis on:
  • Digital case management;
  • Body cameras and CCTV in custody areas;
  • Forensic labs and cybercrime units;

Case Studies: What Actually Works?

• Non-coercive methods consistently prove more effective:
  • UK’s PEACE Model: After wrongful convictions in the 1970s, the UK adopted an interrogation framework built on preparation, open-ended questioning, and rapport.
    • It reduced false confessions and restored public trust.
  • High-Value Detainee Interrogation Group (HIG): U.S. research shows rapport-based approaches outperform torture in producing reliable intelligence.

Path Forward

• India needs to shift from a coercive, fear-based model to one rooted in professionalism, dignity, and legality. It means:
  • Replacing the colonial-era Police Act with a Model Police Law;
  • Invest in training for the 90% of police who are constables;
  • Implementing Supreme Court directives from the Prakash Singh case;
  • Creating independent complaints authorities;
  • Investing in forensics, digital tools, and ethical training;
  • Ratifying the UN Convention Against Torture;
  • Embedding the PEACE model in police training;
  • Promoting a culture of zero tolerance toward custodial abuse
• Justice needs to be rooted in dignity, professionalism, and legality-not fear and coercion.

Source: TH