The three-day All India Conference of Director Generals and Inspector Generals of Police 2023 in Jaipur, which was attended by top police officers from across India, focused on a broad spectrum of policing and internal security issues. Prime Minister Narendra Modi and Union Home Minister Amit Shah were among the key attendees.
The incorporation of AI and technology upgradation in policing, and the establishment of uniform counter-terrorism mechanisms across the country were other key highlights of the conference.
BACKGROUND:
Under the Constitution, police is a subject governed by states (State List of Schedule 7). Therefore, each of the states has its own police force.
The centre is also allowed to maintain its own police forces to assist the states with ensuring law and order. Therefore, it maintains seven central police forces and some other police organisations for specialised tasks such as intelligence gathering, investigation, research and recordkeeping, and training.
The primary function of police forces is to enforce laws, investigate crimes, and ensure public security, while maintaining professional autonomy, fair working conditions, and accountability for their actions.
STATISTICS:
Expenditure on police accounts for about 3% of the central and state government budgets. Bulk of this expenditure was on revenue items, like salaries, because police is a personnel-heavy force.
Crime per lakh persons increased by 28% from 2005 to 2015, at the same time State police forces have 24% vacancies and most of them are facing severe shortages in weaponry and vehicles
ISSUES:
Low police-people ratio:
United Nations recommended standard is 222 police per lakh persons.
As per the data of the Bureau of Police Research and Development (BPR&D), currently, the police-public ratio in the country stands at 152.80 per lakh, as per actual strength. The ratio was registered at 196.23 as per sanctioned strength as of January 1, 2022.
Colonial legacy:
Even at present, the police are based on colonial laws like Indian Police Act, 1861.
British used police as their instrument to suppress the voice of people and for their personal functions.
Unfilled vacancies:
The third edition of the India Justice Report, as of January 2022, indicates that the overall vacancies in police forces at a national level increased from 20.3% to 22.1% between January 2020 and January 2022.
Lack of infrastructure:
Shortage of weaponry: CAG audits have found shortages in weaponry with state police forces. For example, Rajasthan and West Bengal had shortages of 75% and 71% respectively in required weaponry with the state police
Shortage of vehicles: Bureau of Police Research and Development has also noted a 30.5% deficiency in stock of required vehicles
Lack of utilization: Funds dedicated for modernisation of infrastructure are typically not utilised fully. For example, in 2015-16, only 14% of such funds were used by the states
Non-functional POLNET: CAG audits have found that the POLNET network is non-functional in various states. For example, an audit of the Gujarat police force reported that the network had not been operationalized till 2015 due to non-installation of essential infrastructure
The POLNET project was initiated by the central governed in 2002 to connect the police and paramilitary forces of the country through a satellite based communication network, that will be significantly faster than the existing system of radio communications
Power misuse:
In India, the political executive (i.e., ministers) has the power of superintendence and control over the police forces to ensure their accountability.
However, the Second Administrative Reforms Commission has noted that this power has been misused, and ministers have used police forces for personal and political reasons.
Low conviction rate:
As per the latest report by the National Crime Records Bureau (NCRB), the total conviction rate for crimes under the Indian Penal Code (IPC) across India stood at 57%. The Law Commission has observed that one of the reasons behind this is the poor quality of investigations.
Poor investigation:
State police officers often lack the training and expertise for professional investigations, have inadequate legal knowledge, especially regarding evidence admissibility, and face challenges due to out-dated forensic and cyber infrastructure. This situation can lead to the use of force or torture to obtain evidence. Additionally, investigations are often not fair and unbiased, being susceptible to political or other external influences.
Lack of incentive due low promotion prospects:
86% of the state police comprises of constabulary.
Constables are typically promoted once during their service, and normally retire as head constables. This could weaken their incentive to perform well.
Less accountability to local administration:
In some metropolitan cities and urban areas, the dual system has been replaced by the Commissionerate system. Hence excessive power of policing and magistracy concentrated in Commissioner.
Underreporting of crime:
Crime underreporting in India is significant, as noted by the Ministry of Statistics and Programme Implementation. This is attributed to factors like police suppression of data to improve their performance metrics, victim reluctance to report crimes due to fear of approaching the police, and the NCRB's 'principal offence rule', which counts only the most serious offence in cases involving multiple crimes, such as counting a case involving both murder and rape solely as murder.
Qualifications and training:
A constable’s responsibilities are wide-ranging, and are not limited to basic tasks.
Padmanabhaiah Committee have noted that the entry level qualifications and training of constables do not qualify them for their role
Police-public relations:
Second Administrative Reforms Commission has noted that police-public relations is in an unsatisfactory state because people view the police as corrupt, inefficient, politically partisan and unresponsive.
Custodial deaths and the excessive use of force:
Custodial deaths and the excessive use of force by the police are serious issues that require careful examination and analysis.
Custodial deaths in India rose sharply by nearly 60% over the last three years, particularly in 2021-22, following a previous decline from 2017-18 to 2020-21, according to data from the Ministry of Home Affairs?
GOVERNMENT INITIATIVES:
Expert bodies that have examined police reforms:
Model Police Act, 2006
SMART policing:
The central government set up the Police Act Drafting Committee in 2005 to draft a new model police law that could replace the Police Act, 1861.
The committee submitted the Model Police Act in 2006, which was circulated to all the states in 2006. 17 states passed new laws or amended their existing laws in light of this new model law.
Key Features:
Organisation and Recruitment:
Single police service per state, headed by the DGP.
State level Police Recruitment Board for direct recruitment to subordinate ranks.
Officer rank recruitment through UPSC or State PSC.
Responsibilities:
Enforce law impartially, protect life, liberty, and human rights.
Preserve public order, prevent internal security threats.
Protect public properties, prevent and investigate crimes.
Aid in disasters, collect intelligence.
Accountability:
State government superintendence over police service.
Set policies, standards for quality policing.
Service Conditions:
Average duty hours limited to 8 hours, 12 in exceptions.
Provide adequate insurance for injury, disability, or death in duty.
Establish a Police Welfare Board for welfare measures
To encourage innovations and the use of modern technologies, SMART Policing has been introduced. It implies
S-Sensitive and Strict
M-Modern and Mobility
A-Alert and Accountable
R-Reliable and Responsive
T- Trained and Techno-savvy.
Modernisation of Police Forces (MPF) Scheme:
Initiated in 1969-70 by the Ministry of Home Affairs.
Aims to equip state police forces, reducing dependence on Army and Central Forces.
Focuses on adopting modern technology, enhancing internal security, narcotics control, and improving forensic facilities.
Crime and Criminal Tracking Network System (CCTNS):
Directions of the Supreme Court in Prakash Singh vs Union of India:
It is conceptualized by the Ministry of Home affairs, to create a comprehensive and integrated system for enhancing the efficiencies and effective policing at all levels and especially at the Police Station level.
State Security Commission: In each state to set police policy, evaluate performance, and limit political influence.
Police Establishment Board: Manages postings, transfers, and promotions for officers up to Deputy Superintendent; advises on higher ranks.
Police Complaints Authorities: At state and district levels for investigating police misconduct and abuse of power.
Minimum Tenure: Two-year tenure for DGPs and key officers to avoid arbitrary transfers.
DGP Appointment: From top three UPSC-empanelled officers, based on tenure, record, and experience.
Separation of Duties: Independent divisions for investigation and law and order.
National Security Commission: Shortlists candidates for central armed police forces chiefs.
WAY FORWARD:
Limit Political Executive Power: Restrict political executive’s superintendence over police for operational freedom and accountability.
Commissionerate System: Replace the dual command system at the district level for faster decision-making in law and order situations.
Independent Complaints Authority: Establish an authority to investigate police misconduct, as recommended by the Second Administrative Reforms Commission and Supreme Court.
Outsource Non-core Functions: Reduce police burden by delegating tasks like traffic management and court summons to other departments or private agencies.
Soft Skills Training: Enhance police training in communication, counselling, and leadership, as suggested by the Padmanabhaiah Committee.
Separate Investigation and Law Order: Create specialized investigation units within the police, focused solely on crime investigation.
Community Policing Model: Engage police with the community for crime prevention, exemplified by initiatives in Kerala, Tamil Nadu, and West Bengal.
Housing for Police: Improve police efficiency and willingness for remote postings by providing housing, as recommended by the National Police Commission.
Technology Adoption: Utilize technologies like biometrics, facial recognition, ALPR, CCTV, GPS, forensic science, AI for better policing.
Upgrade Cyber Cells: Establish dark web and social media monitoring cells to combat cyber-crimes.
EXAMPLES OF COMMUNITY POLICING IN INDIA
Janamaithri Suraksha in Kerala:
A Kerala Police initiative for improved police-community relations.
Beat Constables familiarize with at least one family member in their area and regularly meet locals outside the police station.
INTERNATIONAL EXAMPLES:
New York City Police has a Civilian Complaint Review Board comprising of civilians appointed by local government bodies and the police commissioner to investigate into cases of police misconduct
PRACTICE QUESTION:
Q. “The performance of the Indian criminal justice system is adversely affected by issues in policing”. Elaborate.(10 marks, 150 words)
