POLICE REFORM IN INDIA: FROM COLONIAL LEGACY TO MODERN POLICING

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Context

The acquittal of all seven accused in the 2008 Malegaon blast case started a new debate about police reform in India.

Evolution of Police Force

Pre-independence (1861-1947)

• 1861 Police Act was enacted after the Sepoy Mutiny of 1857, established the framework for modern policing in India.
• Colonial Objectives: Maintain British rule, suppress dissent, and ensure law and order, prioritizing colonial interests over public service.
• Centralized & Hierarchical Structure: Power was concentrated, with the British government.
• 1902 Police Commission: Recommended the appointment of Indians to officer positions, but they were limited to the rank of Inspector and excluded from the Indian Imperial Police.
• Indian Imperial Police (IP): Established in 1893, initially comprising Europeans, later Indians.  

Post-independence  

• Inherited Structure: India largely retained the colonial policing system after independence.
• Indian Police Service (IPS): Replaced the Indian Imperial Police in 1948, becoming one of the three All India Services, established under Article 312 of the Constitution.
• Police as State Subject: Under the 7th Schedule of the Constitution, policing falls under the jurisdiction of state governments. 
• Need for Reform: The colonial legacy, coupled with issues like corruption, inefficiency, and public distrust, underline the need for reforms.

What are the major Challenges in Indian Policing?

Structural challenges

Understaffing & Overburdening: India's police-to-population ratio is lower than international standards. As of January 1, 2022, the actual strength was 152.80 personnel per lakh population, compared to a sanctioned strength of 196.23 per lakh, far below the UN-recommended 222.

• Shortage leads to an overburdened workforce, with many working 16-18 hour days, affecting efficiency and increasing stress.

Constabulary (constables and head constables) Issues: comprises 86% of the state police forces.

• Poor promotion opportunities and working conditions, including being used as orderlies for superiors.

Inadequate Training: Many officers lack training in modern areas like forensics, cybercrime, and gender-sensitive policing.

• Only 0.33 forensic scientists per 0.1 million population in India.

Outdated Laws & Procedures: Laws, enacted during the colonial era, creates inefficiencies in addressing modern policing needs.

• Outdated investigation methods contribute to a low conviction rate; in 2015, convictions occurred in only 47% of registered cases under the Indian Penal Code. 

Operational Challenges

Political Interference: Frequent transfers, pressure to act against political opponents, and misuse of investigative agencies erode professionalism and independence.

• 72% of police officers in Delhi reported experiencing political pressure during investigations in 2019.  

Public Trust Deficit: A 2018 survey revealed that less than 25% of people trust the police due to lack of engagement, perceived bias, and instances of misconduct.

Human Rights Concerns: Issues like excessive force and custodial deaths persist, raising concerns about police accountability and human rights violations.

• In 2021-2022 alone, the National Human Rights Commission (NHRC) reported 155 deaths in police custody.

Corruption: Various forms like bribery, extortion, and misuse of power for personal gain.  

Lack of Accountability Mechanisms: Existing internal and external accountability mechanisms, including departmental inquiries and bodies like the Police Complaints Authority, are ineffective or lack independence.

Slow Modernization & Outdated Infrastructure: Many police stations lack basic facilities.

• There's a deficiency of 30.5% in required vehicles for state police forces.
• Funds allocated for modernization remain underutilized; only 14% of such funds were used by states in 2015-16.

Underrepresentation of Women: 11.75% of the police force, impacting the handling of gender-sensitive cases and reducing crime reporting by women.

Steps Taken to Reform Police Force

Committee & Commission Reports

• National Police Commission (NPC, 1977-81) advocated for insulating the police from illegitimate political interference and recommending the replacement of the 1861 Act with a new police law.
• Ribeiro Committee (1998-99) supported the recommendations of the NPC, underlining police accountability and autonomy.
• Padmanabhaiah Committee (2000) recommended the recruitment of Sub-Inspectors through a centralized process, and fixed tenures for police officers.
• Malimath Committee (2003) suggested a State Security Commission to provide policy directions and strengthen oversight.
• Soli Sorabjee Committee (2005-06) drafted the Model Police Act, 2006, as the replacement for the colonial 1861 Act. However, not adopted by state governments.

Initiatives taken by Government

Modernisation of Police Forces (MPF) Scheme (since 1969-70): A centrally sponsored scheme, to upgrade police infrastructure, weaponry, communication systems, training facilities, and forensic capabilities.  

Smart Policing Concept: It emphasizes making police force (S)trict and Sensitive, (M)odern and Mobile, (A)lert and Accountable, (R)eliable and Responsive, and (T)ech-savvy and Trained.

Criminal and Criminal Tracking Network & Systems (CCTNS): Launched in 2009, links all police stations across India to promote real-time sharing of crime data.

• Modified to support the implementation of new criminal laws, including the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• All 17,130 police stations across 28 states and 8 Union Territories are now integrated into the system, and 100% FIRs are registered digitally.

Criminal Justice System Reform: Government enacted three new criminal laws which came into effect on July 1, 2024.

• Bharatiya Nyaya Sanhita (BNS): Replaces the Indian Penal Code (IPC), 1860.
• Bharatiya Nagarik Suraksha Sanhita (BNSS): Replaces the Code of Criminal Procedure (CrPC), 1973.
• Bharatiya Sakshya Adhiniyam (BSA): Replaces the Indian Evidence Act (IEA), 1872. 

Integrated Criminal Justice System (ICJS): Linking data across criminal justice system (police, courts, prisons, forensics), designed to streamline processes and improve coordination. 

Way forward for strengthening Indian policing

Autonomy and Accountability: States must fully and genuinely implement the Prakash Singh judgment by establishing independent and empowered State Security Commissions (SSCs) and Police Complaints Authorities (PCAs).  

• Enact All-India Police Act to ensure uniform implementation of reforms across states and limit political interference in transfers, postings, and investigations.  
• Strengthen internal disciplinary mechanisms and ensure transparent inquiries into allegations of misconduct.
• The 113th Law Commission report, advocated for placing the burden of proof on authorities to explain injuries in custody.

Modernizing: Ensure that funds allocated under the Modernization of Police Forces (MPF) Scheme are strategically utilized for upgrading infrastructure, communication systems, and modern weaponry.

• Establish dedicated cybercrime investigation units with specialized training and equipment.
• Explore ethical and responsible deployment of AI and data analytics for policing, crime pattern analysis, and efficient resource allocation.
• Ensure seamless integration of the Crime & Criminal Tracking Network and Systems (CCTNS) with the Inter-operable Criminal Justice System (ICJS).

Capacity Building: Fill existing vacancies in police forces, which are estimated to 24%. Improve working conditions and introduce a shift system.

• Encourage the creation of specialized investigation units within police stations, aligns with Padmanabhaiah Committee recommendations.
• Training with other forces like Central Armed Police Forces, Central Bureau of Investigation, to improve efficiency.

Improving community engagement: Promote and expand successful community policing models like Kerala's Janamaithri Suraksha Project and Maharashtra's Mohalla Committees across the country.

• Organize regular public-police interactions, awareness campaigns, and citizen feedback mechanisms to build trust and address concerns proactively.
• Increase the representation of women to 33%, and ensure their presence in all police stations to improve the handling of gender-sensitive cases.

Legislative reform: Enact a modern and comprehensive Police Act to replace the 1861 Act, align legal frameworks with the needs of a democratic society.

• Digitization of FIRs, e-court integration, and fast-tracking undertrial cases.

Conclusion

The path forward for police reform requires a multi-pronged strategy. There must be a sustained push for legislative change, a commitment to implemente the spirit of judicial directives, and a fundamental shift in the culture of policing—from a force of control to a service of trust.

Source: BUSINESS-STANDARD