POLICE SYSTEM IN INDIA- A PRESENTATION BASED ON PRINCIPLES OF DEMOCRATIC POLICING
What type of organisation was established by the Police Act of 1861?
An organization:
• that is totally subservient to the executive;
• that is unaccountable to anyone except their own hierarchy and the executive;
• whose managerial philosophy is based on distrust of the lower ranks;
• that is highly militaristic and authoritarian in design.
• Whose charter of functions is narrow and limited.
The advent of Independence changed the political system, but the police system remained more or less unaltered:
1. The Police Act of 1861 or state legislation modeled on the Act continued to govern it.
2. The powers to exercise control and superintendence over the police remained the same.
3. It remained largely unaccountable to the public.
4. Its managerial philosophy, value system and ethos remained what they were.
5. It was a ruler or establishment supportive police force and continued to remain so.
In some states, new legislation was enacted after Independence replacing the Act of 1861. For instance:
a. the Police Forces in Maharashtra and Gujarat are governed by the Bombay Police Act of 1951,
b. in Kerala by the Kerala Police Act of 1960,
c. in Karnataka by the Karnataka Police Act of 1963 and
d. in Delhi by the Delhi Police Act of 1978.
Did the new legislation bring about any significant improvement? No, because:
I. The new enactments were mostly patterned on the model of the old 1861 legislation.
II. In fact, some of these state Acts further tightened the executive control over the police force.
III. The new legislation did not introduce any safeguards to prevent the misuse of police force for partisan purposes and
IV. Did not incorporate any effective mechanisms to ensure police accountability.
We are living in a democratic society with a modern constitution and a very prominent Bill of Rights, but the police organization in its structure and functioning are still feudal and colonial in mould.
In a democratic society, policing must be democratic. What are the basic principles, which characterize the existence of a democratic system of policing?
1. The police are subject to the rule of law, rather than the wishes of a powerful leader or party.
2. This means that the police are politically neutral.
3. Being subject to the rule of law also means that the police cannot be a law unto themselves.
4. In other words, the police must be transparent in their operations and be publicly accountable
5. The police can intervene in the life of citizens only under limited and carefully controlled circumstances
6. Impunity for human rights violations has no place in a society governed and policed by democratic principles.
7. The police must be neutral and non discriminatory in discharging their duties.
8. The police must conduct their activities with respect for human dignity and basic human rights.
9. The police must hold as their primary mission protection and service to individual citizens.
10 The use of force must be minimum and proportional to the requirements of the situation.
What is required to transform the existing police force into a democratic police service:
1. Mandate the police to function as a professional and service oriented organisation to protect and promote the rule of law.
2. Establish institutional and other arrangements to insulate the police from undesirable and illegitimate outside control, pressures and influences.
3. Set up mechanisms to ensure that the best in the service is selected to lead it
4. Strengthen the authority of the head of the police force by reducing his vulnerability e.g. by giving him a fixed minimum secure tenure.
5. Recognise the government’s responsibility to set up an efficient and effective system of policing.
6. Outline objectives and performance standards and set up independent mechanisms to monitor and inspect police performance
7. Set up credible and effective complaint handling mechanisms and procedures
8. Incorporate reference to accepted rights standards and norms relevant to policing.
9. Make the functioning of the police transparent.
10. Establish institutional arrangements to consult the community and involve them in police work
11. Make the police force composite reflecting the general mix of the population in the community
12. Make the police culturally aware so that they can deal with the problems of policing a pluralistic society with fairness and impartiality.
(Presented in a seminar organised by the Commonwealth Human Rights Initiative with the Ministry of Home Affairs at New Delhi.)
