Accountability, not armour plating: 

Accountability, not armour plating: 

Context:

• With rising atrocities in a democratic country like India, there is a need of debate on police reforms.

What is the need of police in the democracy?

• Democracy is the only system of governance that, guarantees the freedom of people and the police as an only institution to protect and curtail the citizenry’s excesses.
• The police, in any society are the most visible representative of the state’s power. They serve as the backbone of the state’s peace and tranquility.

Some of the key roles of the police in the democracy are as follows:

• Firstly, the police are expected to be in the front line of defence of not only human rights but in defending our nascent democracy.
• Secondly, the police make effective communication between the commoners and law and order.
• Thirdly, police takes political, social, and psychological decisions under the radar of democratic nature of Indian society.
  

What is the need for police reforms in India?

The first thing to note  here is that ‘police’ is a ‘state’ subject. Nevertheless, there are a number of  different problems that plague the institution in all the states.

• Today, police have become the subjects of Parliamentarians and legislators with a high degree of politicization and allegiance towards ruling party.
• The global average ratio of police-population is 270 to 100,000, where it’s 120 in India.
• With far less man power and ill-equipped, people of India are the least secured people on the globe.
• There is lack of effective accountability mechanisms.
• The lack of effective accountability mechanisms and periodic review of performance has misplaced the public’s confidence in the police.
• Due to corruption in the police system, the investigation process goes on for decades.
  

What are the police reforms required in India?

• Primarily, there should be a balance ought to be stroked between allowing the freedom of an individual and the enforcement of all the lawful laws of the society.
• To strengthen the lacking effectiveness of the police force, the government comes up with the following initiatives:
• Recently, an Umbrella Scheme, ‘Modernisation of Police Forces’, has been cleared, with the government.
• It is said to be one of the biggest moves towards police modernisation in India.

Supreme Court’s directives on police reform, 2006

The Court has put on record the deep rooted problems of politicization, lack of accountability mechanisms and systemic weaknesses that have resulted in poor all round performance.

• Directive One: Constitute a State Security Commission (SSC) to: (i) Ensure that the state government does not exercise unwarranted influence or pressure on the police (ii) Lay down broad policy guideline and (iii) Evaluate the performance of the state police
• Directive Two: Ensure that the DGP is appointed through merit based transparent process and secure a minimum tenure of two years.
• Directive Three: 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 two years.
• Directive Four: Separate the investigation and law and order functions of the police.
• Directive Five: Set up a Police Establishment Board (PEB) to decide transfers, postings, promotions and other service related matters of police officers of and below the rank of Deputy Superintendent of Police and make recommendations on postings and transfers above the rank of Deputy Superintendent of Police.
• Directive Six: Set up a Police Complaints Authority (PCA) at state level to inquire into public complaints against police officers of and above the rank of Deputy Superintendent of Police in cases of serious misconduct, including custodial death, grievous hurt, or rape in police custody and at district levels to inquire into public complaints against the police personnel below the rank of Deputy Superintendent of Police in cases of serious misconduct.
• Directive Seven: Set up a National Security Commission (NSC) at the union level to prepare a panel for selection and placement of Chiefs of the Central Police Organisations (CPO) with a minimum tenure of two year.
• The overall functioning of lower-level officers can be boosted by better training, better pay and allowances and by creating a system that rewards initiative and positive action instead of negative behavior.