Police Reforms in India

As per the Ministry of Home Affairs, 100 persons died in police custody in 2020-21, a slight reduction from 112 in 2019-20 and 136 in 2018-19. It was revealed by Union Minister of State (Home) Nityanand Rai during the ongoing Monsoon Session of Parliament in 2021. Also, the Chief Justice of India N.V. Ramana called for Police Reforms as He is in favour of forming special panels to probe ‘atrocities’ by police in India.

Need for Police Reforms in India

  • Police is the primary protector of Rule of Law In a modern democracy such as India. Fair and just policing is an important pre condition for development of a healthy socio-cultural environment in the country. Police reforms are necessary because at present, the Police system in India is crippled by following issues-
  • Colonial Legacy: The Indian Police is based on a colonial system, and it was established to serve colonial interests.
  • Lack of Infrastructure: Police forces in India lack basic infrastructure such as weapons, communication devices and transport infrastructure.
  • Overburdened Force: There are 5.3 lakh vacancies in the police force. Thus, the existing police force is already overburdened due to lack of adequate police personnel.
  • Underutilized Funds: Funds received by states for Police modernization are grossly underutilized. For example, in Uttar Pradesh, only 55% of the initial demand was utilised in 2017.
  • According to the Comptroller and Auditor General of India, there was a 32% deficit in trained manpower to operate the relevant police equipment, as of March 2015.
  • Political Pressures: Political pressure is a major obstacle in conducting a free and fair investigation. According to a study carried out by NGO Common Cause, 72 per cent of police officers in Delhi have experienced political pressure while investigating cases involving influential persons.

Supreme Court’s Seven Directives on Police Reforms

The Supreme Court, in Prakash Singh versus Union of India case had laid down seven directives for reforming the police force.

The seven directives are:

1. Limit political control

Constitute a State Security Commission for-

  • Ensuring that state governments do not exercise undue influence on the police.
  • Laying down broad policy guidelines.
  • Evaluating the performance of the state police.

2. Appointments based on merits

Ensure that the Director General of Police is appointed through a merit–based, transparent process with a minimum tenure of 2 years.

3. Fixing minimum tenure

Ensure that other police officers on operational duties (including Superintendents of Police in charge of a district and Station House Officers in charge of a police station) are also provided a minimum tenure of 2 years.

4. Separating police functions

Separate the functions of investigation and maintaining law and order.

5. Set up fair and transparent systems

Set up a Police Establishment Board to decide and make recommendations on transfers, postings, promotions and other service-related matters of police officers of and below the rank of Deputy Superintendent of Police.

6. Establish a Police Complaints Authority in each state

At the state level, there should be a Police Complaints Authority to look into public complaints against police officers of and above the rank of Superintendent of Police in cases of serious misconduct, including custodial death, grievous hurt or rape in police custody.

  • At the district level, the Police Complaints Authority should be set up to inquire into public complaints against the police personnel of and up to the rank of Deputy Superintendent of Police in cases of serious misconduct.

7. Set up a selection commission

A National Security Commission needs to be set up at the union level to prepare a panel for selection and placement of chiefs of the Central Police Organizations with a minimum tenure of 2 years.

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