TOPIC- POLICE REFORMS

Presentation of Crime and social justice

Submitted to- Submitted by-

Dr. Renu Pal Sood Annanya Verma
Prof. of Law Dept. LLM 1st semester
Shoolini University PGD20213661
INTRODUCTION
Police is an important organ of Justice System of State. The term ‘police’ refer
primarily to agents of the State whose function is the maintenance of law and
order especially the enforcement of the regular criminal Code. Police in modern
days not only does the task of prevention of crimes and detection of criminals
but also other welfare works like helping in the observance of traffic rules,
control of crowds in public meetings and fairs, help the fire brigade and flood
rescue parties, and help public in settling the minor disputes.
According to the Royal Commission on the Police Powers and Procedures 1929, a
policeman is a person paid to perform, as a matter of duty, acts which, if he were
so minded, he might have done voluntarily. The term police today is designated
to the executive civil force of a state which is entrusted the duty of maintaining
public order and enforcing regulations for the prevention and detention of crime.
Meaning of Police
According to Blacks law dictionary, Police is the function of that branch of the
administrative machinery of government which is charged with the
preservation of public order and tranquillity, the promotion of the public health,
safety, and morals, and the prevention, detection, and punishment of crimes.
The image of the police in popular Indian cinema has hardly changed over the
decade. He is either a bungling bafoon. Or he is corrupt to the core.
If we talk about reality, police have always been in news for many reasons. Be
it their role during the pandemic or the brutal treatment of father and son in
Sathankulam police station in Tamil Nadu, resulting in their death, which
exposed the ugly face of the police, or the encounter of Vikas Dubey which
raise million of questions on the police department.
What is police reforms?
Police reforms aim to transform the values, culture, policies and practices of police
organizations so that police can perform their duties with respect for democratic values,
human rights and the rule of law and also aims to improve how the police interact with other
parts of the security sector, such as the courts and departments of corrections, or executive,
parliamentary or independent authorities with management or oversight responsibilities.
Police reforms has been on the agenda of Governments almost since independence but even
after more than 50 years. t the basic framework for policing in India was made way back in
1861, with little changes thereafter, whereas the society has undergone dramatic changes,
especially in the post- independence times. The public expectations from police have
multiplied and newer forms of crime have surfaced. The policing system needs to be
reformed to be in tune with present day scenario and upgraded to effectively deal with the
crime and criminals, uphold human rights and safeguard the legitimate interests of one and
all.
Constitutional provisions
• Police is an exclusive subject under the State List (List II, Schedule 7 of the Constitution).
• Article 355 of the Constitution enjoins upon the Union to protect every state against
external aggression and internal disturbance and thereby to ensure that the government of
every state is carried on in accordance with the provisions of the Constitution.
• However, the centre is also allowed to maintain its own police forces to assist the states
with ensuring law and order.
• The present Indian police system is largely based on Police act of 1861
• After independence some states came out with their own police acts, for example Bombay
Police Act, 1951, Kerala police act 1960, Delhi police act 1978. Besides, other laws like the
Indian Penal Code (IPC) of 1862, the Indian Evidence Act (IEA) of 1872 and the Code of
Criminal Procedure (CrPC) of 1973 also govern the functioning of the police.
 Historical background of police reforms
The police reforms introduce pre-independence by the British government in 1902-1903. After
independence means post-independence for the first police reforms in 1978 Indian government set
up a committee “National Police Commission”, this was the first committee at the national level set
up by the Indian government to report on policing. It had wide terms of reference covering the police
organization, its role, functionality, accountability, relations with the public etc. This committee gave a
comprehensive report and recommended to bring an autonomous body of organization which could
be accountable to people. However, the major recommendations of this committee were not
accepted by the government.
The NPC produce eight reports between 1979 and 1981, suggesting wide-ranging reforms in the
existing police setup, one of the most important recommendations is about Model Police Act but this
all was not accepted by the government.
In 1995, Prakash Singh, former DGP of Uttar Pradesh filed a PIL regarding police reforms in India. This
led to the government constituting a new committee under the chairmanship of Julio Ribeiro, and the
Julio Ribeiro Committee was formed in 1998.
This was followed by further committees like Padmanabhaiah, Malimath committee, Soli Sorabjee
committee. In 2006, since there were no movements in the direction of reforms, the Supreme Court
made the police reforms a mandatory reform to be taken up by the central and state governments.
There have been numerous attempts to change the Indian police system both
on a State level and on a central level. Since 1971 there have been six major
reform committees:

• Gore committee;
• National Police Commission (NPC);
• Ribeiro Committee on Police Reforms;
• Padmanabhaiah Committee on Police Reforms;
• Group of Ministers on National Security;
1.Gore Committee on Police Preparing 1971 – 1973
The Gore Committee on Police Training was set up to survey the training of the state police from
constabulary level to IPS level. The committee made 186 suggestions, 45 of those were related to policy
reforms. The recommendation that relates to the police preparation has generally been executed
however the reforms relating to the structure of the police system has on the other hand been majorly
overlooked.
2.Ribeiro Committee on Police Changes 1998
The Ribeiro Committee was set up in 1998 on the arrangement of the Preeminent Court following a
Public Interest Litigation (PIL) on police reforms. The committee proposed five major suggestions related
to state security, selection of DGP, and complaints against the police, the proposals have not been
implemented.
3.Padmanabhaiah Committee on Police Reforms 2000
Former Union Home Secretary Shri K. Padmanabhaiah was appointed as the chairman of the
Padmanabhaiah commission in 2000 by the Home Ministry of Affairs.
The commission reviewed the enrollment to the police force, training, duties, and responsibilities, police
officers conduct, police investigations, prosecution, among others. The committee suggested 99
actionable suggestions, of which 54 got to be implemented by the central government, and 69 had to be
implemented by the state governments
4.The Group of Ministers on National Security 2000 – 2001
The Ministers on National Security essentially worked on four tasks namely:
1. Intelligence system
2. Inner security
3. Border management and
4. Management of defence.
Around 62 recommendations were made, 54 needed action taken by the central government, and 42 by the state
governments.
5.Malimath Committee on Reforms of Criminal Justice System 2001 – 2003
The Malimath Committee tended to the principles of the Criminal Justice System, investigation, indictment, legal,
crime, and punishment.
The report has been heavily criticized by the human rights organization for its suggestion of changing the burden of
proof. The committee made 158 observations and recommendations. There are 55 major recommendations of
which 42 oughts’ to be executed by the central government and 26 by the state governments.
6.National Police Committee, 1978
This was the first commission at the national level after independence.
It had wide terms of reference covering the police organization, its role, functionality, accountability, relations with
the public etc. The eight reports suggested all together 291 recommendations all related to police reforms. Most of
the suggestions have not been implemented.
 Judicial responses to police reforms in India and their
implementation:-
Several attempts to implement serious police reforms have been made over the past thirty years. The National Policing
Committee published eight findings between 1978 and 1981, making various recommendations but taking no steps to put them
into effect. In “Vineet Narian v. Union of India”, the Supreme Court acknowledged that there is serious need to implement those
reforms, and the Ribeiro Committee published two reports: 1998 and 1999, 2000 and 2002 reports of the Central Government
on the Padmanabhaiah Committee, and 2002 report of the Malimath Committee.
In a landmark judgment, the Supreme Court in September 2006 had directed all States and Union Territories to bring in police
reforms. In this judgment, Supreme Court directed States and Union Territories to comply with seven binding directives which
would kick-start the reforms.
The Directive One: Constitute a State Security Commission to prevent undue political interference in policing by making policy
guidelines.
Directive Two: a Merit-based transparent system for appointment of DGP and a minimum tenure of 2 years
Directive Three: Provide security of tenure to Superintendent of Police, Officer in charge of Police station and police officers in
operational duties.
Directive Four: Separate wings for law and order administration and Investigative policing.
Directive Five: Setting up of a Police Establishment Board to decide on the matters of transfer, postings, promotion and other
service related matters.
Directive Six: A Police Complaints Authority (PCA) to look into complaints of serious nature against police officers. It will take up
cases of misconduct for officers of and above the rank of DSP.
Directive Seven: Set up a National Security Commission (NSC) at the union level to prepare a panel for selection and placement
of
Post-2006: Supreme Court again establish Justice Thomas Committee to review the seven
directives (stated by Supreme Court) on government says but no reform and review.
In 2012-2013 Justice J.S. Verma committee was constituted to recommend amendments
to the criminal law so as to provide for quicker trial and enhanced punishment for
criminally accused of committing sexual assault against women – after nirbhaya scandal.
This committee has recommended certain steps to reforms the police, which include the
establishment of the State Security Commission to ensure that the state government do
not influence the state police, which should be headed by the Chief Minister or Home
Minister and also stated the seven directives of the Supreme Court.
But, there are no police reforms till now. After this, 14 states have passed legislation but
these were mainly to circumvent the directives but not to implement them. Till today, the
government has not shown its commitment to follow the directives of the court in true
letter and spirit.
Police reforms are going on and on. Nobody listens to our orders.” –
Supreme Court

“Police reforms are going on and on. Nobody listens to our orders.” –
Supreme Court
“Police reforms are going on and on. Nobody listens to our orders.” This
is how a Supreme Court bench headed by Chief Justice J.S. Khehar
reacted while declining the plea of a lawyer demanding immediate
action to usher in major police reforms in the country (March 2017).
The lawyer had earlier been permitted to implead himself in a pending
PIL on the subject.
It is sad that the highest court of the land is so helpless in the matter.
 There are many reasons for police reforms
lets understand them in points
• Police act in India is primarily based on 1861 act, which is contrary to democratic requirement. Even at present
our police are based on colonial law, we know that sometimes British use police as their instrument to suppress
the voice of people and for their personal functions and at present our respected government is doing the same.
• Lowest police-to-population ratio. Due to which people of India are least secured people on the globe. The
police-population ratio, currently 192 policemen per lakh population, is less than what is recommended by UN
i.e. 222 policemen per lakh population. There are only 144 police officers for every 100,000 citizens (the
commonly used measure of police strength), making India’s police force one of the weakest in the world.
• Corruption is a major challenge-Police officers are not able to do their work due to the interference of political
leader. There is no minimum tenure security for officers at the higher post and not even place posting security.
• Lack of effective accountability mechanisms-The first and foremost issue required to be addressed in police
reforms is the relation between the State Government and the Police. Public Order and Police are state subjects.
The main instrument which lays down the framework of the police system in India is the Police Act, 1861. The
Act gives the power of control and superintendence of the police to the State Government.
• Registering a criminal case against a police officer is a long and unwieldy process.
• Lack of effective accountability mechanisms.
• Registering a criminal case against a police officer is a long and unwieldy process.
• Specialized investigation unit: To improve the quality of investigation, every state should have a specialized
investigation unit within the police force which must not be diverted for any other purposes.
• Pendency: 30% of all cases filed in 2016 were pending for investigation by the end of the year (this combined with
the pendency in the judiciary means securing justice in India can take a very long time). Pendency in the police is
driven by lack of resources.
• Lack of coordination within police departments.
• Representation of women and depressed caste is low which make them insensitive towards them.
• Increase in custodial deaths-There are many cases on custodial death means Death by torture/pressure in
police/judicial custody. During 1996-1997 in D.K. Basu judgment Supreme Court issued a guideline against custodial
death in India.
• Decreased expenditure on police in recent years is adding to the resource crunch. Between fiscal 2011 and 2015,
states spent 4.4% of their budgeted expenditure on policing on average but this has reduced to 4% over the last
four years. According to PRS Legislative Research, an under-resourced, overburdened police force means that both
core police activities (enforcing daily law and order) and more long-term criminal investigations are compromised.
Lack of technological capabilities necessary to perform quality investigations.
• Misuse of power
 Conclusion
Going through the topic, it can be concluded that at Present time India needs Police Reforms so people see police as
their helper as now people see police as a problem. The society has experienced numerous changes economically and
politically, but there have been nearly irrelevant changes within the Indian Police structure. At Present time India needs
Police But, Government is not implementing it due to their personal interest. It is essential to now look at the police as a
service organization meeting those needs of the society that are essential for safety, security, quality of life and peace.
To bring around this change, new resources should be allocated rather than redistributing the old ones. The existing
laws and procedures i.e., the Criminal Procedure Code, the Indian Penal Code, and the Indian Evidence Act should be re-
examined and necessary amendments ought to be made.

Efforts ought to be made to free the police system from political interference and to make the police an independent
body. Steps ought to be taken to build up neighbourly relations between the police and the public through meetings for
discussing open problems, etc.

Also, the working conditions of the police should be improved along with giving proper training, reducing hours of work,
increasing the salaries, giving housing facilities, educational facilities to the children of the police officials and
conducting stress-busting and morale-boosting sessions for the police officials. It is so because they can work in a stress-
free atmosphere, with no frustrations, with no worries, so that they can concentrate superior in their work and serve
the society better.