{"id":7406,"date":"2022-08-17T00:00:00","date_gmt":"2022-08-17T00:00:00","guid":{"rendered":"https:\/\/www.nextias.com\/current_affairs\/uncategorized\/17-08-2022\/dysfunction-in-the-indian-police-forces\/"},"modified":"2022-08-17T00:00:00","modified_gmt":"2022-08-17T00:00:00","slug":"dysfunction-in-the-indian-police-forces","status":"publish","type":"post","link":"https:\/\/www.nextias.com\/ca\/editorial-analysis\/17-08-2022\/dysfunction-in-the-indian-police-forces","title":{"rendered":"Dysfunction in the Indian Police Forces"},"content":{"rendered":"

Context\u00a0<\/u><\/strong><\/span><\/span><\/span><\/p>\n

As India is celebrating 75 years of Independence, the police continue to be in th<\/span><\/span><\/span>e public gaze, most often for antagonistic reasons.\u00a0<\/strong><\/span><\/span><\/span><\/p>\n

\n\n\n\n
\n

Constitutional provisions:<\/u><\/strong><\/span><\/span><\/span><\/p>\n

    \n
  • Police is an exclusive subject under th<\/span><\/span><\/span>e State List (List II, Schedule 7 of the Constitution).<\/strong><\/span><\/span><\/span><\/li>\n
  • However, the centre is also allowed to maintain it<\/span><\/span><\/span>s own police forces to assist the states with ensuring law and order<\/strong><\/span><\/span><\/span><\/li>\n
  • The present Indian police system is largely based on the Police Act of 1861.<\/strong><\/span><\/span><\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

    Foundation for an organised Police Force.\u00a0<\/u><\/strong><\/span><\/span><\/span><\/p>\n

      \n
    • The year 1861 was a <\/span><\/span><\/span>turning point for the police in India<\/strong><\/span><\/span><\/span>.\u00a0<\/span><\/span><\/span><\/li>\n
    • Background\u00a0<\/strong><\/span><\/span><\/span>\n
        \n
      • The process of drafting the IPC had begun much earlier in <\/span><\/span><\/span>1834, the revolt of 1857<\/strong><\/span><\/span><\/span> gave a fillip to the drafting of the Police Act and laid the foundation for an organised police force.\u00a0<\/span><\/span><\/span><\/li>\n<\/ul>\n<\/li>\n
      • Objectives\u00a0<\/strong><\/span><\/span><\/span>\n
          \n
        • The main objective then was to use th<\/span><\/span><\/span>e police as a weapon of repression a<\/strong><\/span><\/span><\/span>nd <\/span><\/span><\/span>strengthen the hold the British had over India.<\/strong><\/span><\/span><\/span>\n
            \n
          • The prevention (and detection) of crime was never their priority.\u00a0<\/span><\/span><\/span><\/li>\n
          • Most of the constabulary was illiterate and not paid even a \u2018living wage\u2019.\u00a0<\/span><\/span><\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n

            \u00a0Police Commission (1902-03)<\/u><\/strong><\/span><\/span><\/span><\/p>\n

              \n
            • Andrew H.L. Fraser, who headed the Police Commission (1902-03), concluded that the \u201c<\/span><\/span><\/span>police force is far from efficient;<\/strong><\/span><\/span><\/span> it is <\/span><\/span><\/span>defective in training and organisation\u00a0<\/strong><\/span><\/span><\/span>\n
                \n
              • I<\/strong><\/span><\/span><\/span>t is generally regarded as <\/span><\/span><\/span>corrupt and oppressiv<\/strong><\/span><\/span><\/span>e; and it has utterly failed to <\/span><\/span><\/span>secure the confidence and cordial cooperation of people\u201d<\/strong><\/span><\/span><\/span>.<\/span><\/span><\/span><\/li>\n<\/ul>\n<\/li>\n
              • Recommendations :\u00a0<\/strong><\/span><\/span><\/span>\n
                  \n
                • The Commission felt the urgent need of introducing radical reforms<\/span><\/span><\/span>\n
                    \n
                  • Except for the i<\/span><\/span><\/span>ntroduction of the post of direct sub-inspectors (for police stations) <\/strong><\/span><\/span><\/span>and the <\/span><\/span><\/span>rank of deputy superintendent of police for natives, <\/strong><\/span><\/span><\/span>not much was accepted and implemented by the Secretary of State on account of financial constraints.<\/span><\/span><\/span><\/li>\n
                  • The Commission was against the application of statistical tests to judge the work of police officers.\u00a0<\/span><\/span><\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n

                    Various Reforms taken for\u00a0 Criminal Justice System Since Independence\u00a0<\/u><\/strong><\/span><\/span><\/span><\/p>\n

                      \n
                    • The <\/span><\/span><\/span>Probation of Offenders Act, 1958<\/strong><\/span><\/span><\/span> : It states that all persons found guilty of crimes that will not lead to life imprisonment or death penalty can be put on probation instead of being sentenced.<\/span><\/span><\/span>\n
                        \n
                      • objective more to<\/span><\/span><\/span> reform, rather than punish, offender<\/strong><\/span><\/span><\/span>s.<\/span><\/span><\/span><\/li>\n<\/ul>\n<\/li>\n
                      • \u00a0Dowry Prohibition Act was passed in 1961: <\/strong><\/span><\/span><\/span>It was passed to check the social evil of dowry.<\/span><\/span><\/span><\/li>\n
                      • Changes in IPC<\/strong><\/span><\/span><\/span>\n
                          \n
                        • More revolutionary changes were made in the Indian Penal Code (IPC) in 1983 and 1986 and by introducing Sections<\/span><\/span><\/span> 498A (cruelty by husband and his relatives) and 304B (dowry death)<\/strong><\/span><\/span><\/span> along with certain amendments in the Evidence Act.\u00a0<\/span><\/span><\/span><\/li>\n
                        • The <\/span><\/span><\/span>\u2018sedition\u2019 (Section 124A)<\/strong><\/span><\/span><\/span>, which was brought into the IPC in 1870 to suppress the national movement, has recently been <\/span><\/span><\/span>caged by the Supreme Court<\/strong><\/span><\/span><\/span> so that its <\/span><\/span><\/span>constitutionality can be decided and its alleged misuse be curbed.<\/strong><\/span><\/span><\/span><\/li>\n<\/ul>\n<\/li>\n
                        • The<\/span><\/span><\/span> Scheduled Castes and Scheduled Tribes<\/strong><\/span><\/span><\/span> (Prevention of Atrocities) Act, was enacted in 1989.<\/span><\/span><\/span><\/li>\n
                        • The definition of<\/span><\/span><\/span> rape has been widened and offences <\/strong><\/span><\/span><\/span>related to sexual assault <\/span><\/span><\/span>made tougher.\u00a0<\/strong><\/span><\/span><\/span><\/li>\n
                        • Children related\u00a0<\/strong><\/span><\/span><\/span>\n
                            \n
                          • Comprehensive laws such as the Protection of Children from Sexual Offences Act, 2012, and the Juvenile Justice (Care and Protection of Children) Act, 2015, have been enacted.\u00a0<\/span><\/span><\/span><\/li>\n<\/ul>\n<\/li>\n
                          • Cybercrime<\/strong><\/span><\/span><\/span>\n
                              \n
                            • Electronic documents and signatures have been given legal sanctity to facilitate online transactions and check cybercrime under the Information Technology Act of 2000.\u00a0<\/span><\/span><\/span><\/li>\n<\/ul>\n<\/li>\n
                            • National security<\/strong><\/span><\/span><\/span>\n
                                \n
                              • 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.\u00a0<\/span><\/span><\/span><\/li>\n<\/ul>\n<\/li>\n
                              • Fundamental rights<\/strong><\/span><\/span><\/span>\n
                                  \n
                                • The constitutional courts have also made far-reaching contributions. By reading down<\/span><\/span><\/span> Section 377 of the IPC, the Supreme Court<\/strong><\/span><\/span><\/span> granted relief to the LGBTQ+ community.\u00a0<\/span><\/span><\/span><\/li>\n
                                • Custodial torture and sexual harassment of women have been held to be <\/span><\/span><\/span>violations of fundamental rights.\u00a0<\/strong><\/span><\/span><\/span><\/li>\n
                                • The jurisprudence of providing compensation to victims of crime has <\/span><\/span><\/span>evolved over time.\u00a0<\/strong><\/span><\/span><\/span><\/li>\n
                                • The right to privacy has been recognised as a fundamental right.\u00a0<\/span><\/span><\/span><\/li>\n<\/ul>\n<\/li>\n
                                • All these statutes have added a <\/span><\/span><\/span>progressive and more humane chapter<\/strong><\/span><\/span><\/span> to the history of our c<\/span><\/span><\/span>riminal justice system.<\/strong><\/span><\/span><\/span><\/li>\n<\/ul>\n

                                  Issues \/Challenges\u00a0<\/u><\/strong><\/span><\/span><\/span><\/p>\n

                                    \n
                                  • Attempts have been made to blend some elements of the inquisitorial system into the (prevalent) <\/span><\/span><\/span>adversarial system by making judicial inquir<\/strong><\/span><\/span><\/span>y into custodial death and custodial rape mandatory and dig out the truth to punish the guilty.<\/span><\/span><\/span>\n
                                      \n
                                    • However, the <\/span><\/span><\/span>police continue to be haunted by allegations<\/strong><\/span><\/span><\/span> of being a brute force.\u00a0<\/span><\/span><\/span><\/li>\n<\/ul>\n<\/li>\n
                                    • The trust <\/span><\/span><\/span>deficit does not appear to have bridged despite<\/strong><\/span><\/span><\/span> the power to arrest <\/span><\/span><\/span>having been curtailed,<\/strong><\/span><\/span><\/span> the <\/span><\/span><\/span>use of handcuffs restrained,<\/strong><\/span><\/span><\/span> the<\/span><\/span><\/span> presence of a lawyer<\/strong><\/span><\/span><\/span> permitted during interrogation, CCTV cameras installed in the police stations, and human rights bodies allowed to keep a constant eye.\u00a0<\/span><\/span><\/span><\/li>\n
                                    • Lawmakers are still reluctant<\/strong><\/span><\/span><\/span> and the<\/span><\/span><\/span> judiciary apprehensive<\/strong><\/span><\/span><\/span> about making <\/span><\/span><\/span>voluntary confessions before a police officer.<\/strong><\/span><\/span><\/span><\/li>\n
                                    • Despite \u2018Police\u2019 being a State subject, no State government has given due <\/span><\/span><\/span>attention to police reforms so fa<\/strong><\/span><\/span><\/span>r.\u00a0<\/span><\/span><\/span><\/li>\n
                                    • the <\/span><\/span><\/span>District Superintendent of Police<\/strong><\/span><\/span><\/span> is <\/span><\/span><\/span>unable to transfer his Station House Officers without the approval of the District Magistrate<\/strong><\/span><\/span><\/span> in U.P.; the performance appraisal report of a <\/span><\/span><\/span>Superintendent of Police<\/strong><\/span><\/span><\/span> is still written by the <\/span><\/span><\/span>District Magistrate <\/strong><\/span><\/span><\/span>in some States (including Chhattisgarh) despite the Supreme Court\u2019s directions to the contrary; and\u00a0<\/span><\/span><\/span><\/li>\n
                                    • The introduction of the police commissionerate system in metropolitan areas (as per the provisions of the Criminal Procedure Code) is<\/span><\/span><\/span> always resisted tooth and nail.<\/strong><\/span><\/span><\/span><\/li>\n<\/ul>\n

                                      Conclusion and Way Forward\u00a0<\/u><\/strong><\/span><\/span><\/span><\/p>\n

                                        \n
                                      • Some police reforms may require <\/span><\/span><\/span>additional funding, much of the trust deficit can be bridged by improving soft skill<\/strong><\/span><\/span><\/span>s and e<\/span><\/span><\/span>nsuring investigation in an impartial manner.\u00a0<\/strong><\/span><\/span><\/span><\/li>\n
                                      • Unwanted and mechanical arrests need to be stopped<\/strong><\/span><\/span><\/span>.\u00a0<\/span><\/span><\/span><\/li>\n
                                      • More offences can be made<\/span><\/span><\/span> bailable and more brought under the ambit of compounding to lighte<\/strong><\/span><\/span><\/span>n the burden on jails.<\/span><\/span><\/span><\/li>\n
                                      • \u00a0Most of it can be achieved through proper training.\u00a0<\/span><\/span><\/span><\/li>\n
                                      • The u<\/span><\/span><\/span>se of technology and forensic techniques <\/strong><\/span><\/span><\/span>must be encouraged to enhance the quality of evidence.\u00a0<\/span><\/span><\/span><\/li>\n
                                      • Specialised wings need to be established to deal <\/strong><\/span><\/span><\/span>with newer types of crime.<\/span><\/span><\/span><\/li>\n
                                      • The <\/span><\/span><\/span>police should be accountable only for their constitutional goal <\/strong><\/span><\/span><\/span>of establishing the rule of law.\u00a0<\/span><\/span><\/span><\/li>\n<\/ul>\n
                                        \n\n\n\n
                                        \n

                                        Mains Practise Question\u00a0<\/u><\/strong><\/span><\/span><\/span><\/p>\n

                                        [Q]<\/strong><\/span><\/span><\/span> How can the role of\u00a0 Police Forces\u00a0 be strengthened in India? Discuss throwing light on the major constraints.<\/span><\/span><\/span><\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

                                        Context\u00a0 As India is celebrating 75 years of Independence, the police continue to be in the public gaze, most often for antagonistic reasons.\u00a0 Constitutional provisions: 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 […]<\/p>\n","protected":false},"author":1,"featured_media":7407,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[22],"tags":[38,30],"class_list":["post-7406","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-editorial-analysis","tag-governance","tag-gs-2"],"acf":[],"jetpack_featured_media_url":"https:\/\/wp-images.nextias.com\/cdn-cgi\/image\/format=auto\/ca\/uploads\/2023\/07\/3317691Screenshot_6.png","_links":{"self":[{"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/posts\/7406","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/comments?post=7406"}],"version-history":[{"count":0,"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/posts\/7406\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/media\/7407"}],"wp:attachment":[{"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/media?parent=7406"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/categories?post=7406"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/tags?post=7406"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}