study of the constabulary in gujarat; socio-economic...
TRANSCRIPT
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The word “CONSTABULARY” is derived from the Latin word ‗Constabularies‘
and connotations associated with it; as defined in dictionaries and WIKIPEDIA are
as follows:
Noun - ―A police force covering a particular area‖, ―Organized body of
constables‖, ―and An armed police force organized like a military unit‖
Adjective-―Of or relating to constables or their jurisdiction‖ In short, constabulary
can be defined as ―A civil, non paramilitary police force consisting of police
officers called constables‖ This is a common definition in England. In the Indian
context, a simple meaning of constabulary can be, explained in the following
Words.
―An organized body/force of lower rung policemen (constables) who are recruited
in the force through a well established procedure by a government agency.‖
Section (4) 0f The Bombay police act 1951 also defines ―constable‖ as a police
officer of the lowest grade.
Similarly, the word ―police‖ is derived from the Latin word ―politia‖, the Greek
word ―polis‖, the Spanish word ―policia‖.
As is well known men used to roam here and there aimlessly like Animals in the
ancient age but slowly and gradually, the first civilized development took place
which resulted into social life for mankind. A man realized that social life was
advantageous in many ways, since it gave him courage to hound ferocious animals
and to protect him from their attacks. The formation of tribal units; as part of the
development of social life, also imposed some restrictions on him. Nevertheless,
his natural instincts and a desire to lead a life of full liberty proved to be a
stumbling block in the process of socialization of mankind. A man consequently
exercised his conscience in controlling his instincts and desire, having realized that
his acts of commission and omission might cause problems to the others. This
conscience can be referred to as the beginning of evolution of police. Moreover,
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social laws were found unsuitable and inadequate to establish control over the vast
tribal unit. Therefore, in addition to the social laws a need was felt for some
authority which could enforce reasonable restrictions on members of the tribal
units. With the emergence of the concept of a state, the evolution of police system
took place as part of its (state‘s.) controlling authorities.
The rulers in different ages needed services of a well established organization to
keep law and order, to prevent criminals from indulging in wrongful activities and
to provide security to their subjects. A study of the ancient Indian history indicates
the origin of the law enforcement machinery in the Vedic period.
Kautilya/Chankya established a well organized system of policing and
bureaucracy and therefore he could be described as the pioneer of the modern
concept of police in our country. During the Maurya Empire, the police became a
part and parcel of the state administration. In the pre Mughal era, ―KOTWAL‖-the
historically famed institute used to perform the task of policing in Delhi and some
kotwals found their names in the history books because of their impeccable
integrity and devotion to duty. Malikul Umara Faqruddin presumably, the first
Kotwal of Delhi appointed in 1237A.D.by the Sultan Bulban; had a considerably
long tenure which could be attributed to his honesty and integrity. Another famous
Kotwal was Malik Alaul Mulk, appointed by Sultan Allauddin Khilji in 1297A.D.
After shifting his capital from Agra to Delhi, in 1648 the Mughal Emperor
Shahjahan appointed Ghaznafar Khan as the first Kotwal of the new city and also
bestowed upon him the prestigious post of Mir-i–Atish i.e. Chief of Artillery.
As is well known, the British who had come to India for commercial purpose, in
the beginning of the seventeenth century, established their dominance over the
princely states and the East India Company soon turned into the company raj
which revised the laws and revamped the administration and the police
organization to suit the imperial needs. Warren Hastings prepared a
comprehensive note on the measures needed to maintain law and order in Bengal
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in 1772. His report was well studied and despite suitable amendments periodically;
some of its features are still found in the modern police system.
The institution of Kotwal was abolished by the British in 1857, soon after the first
war of independence came to a tragic end. Interestingly enough, Gangadhar
Nehru–the grandfather of pundit Jawaharlal Nehru, the first prime minister of
India was the last Kotwal of Delhi.
The first police commission appointed in August 1860 contained important
guidelines for establishment of police system suitable to the prevailing conditions
in India. The second police commission (1902-1903) made the detailed
recommendations on the organizational aspects of police at the district level, the
recruitment procedure, training, functioning of railway police and river police and
pay structure of the constabulary-the different subordinate ranks of police. The
genesis of the existing police system lies in the police Act of 1861.which was
enacted for regulating, reorganizing the police force and to make it an efficient
instrument for the prevention and detection of crime. This act was extended to
various states of the country including Maharashtra/ Gujarat vide Bombay Act
21of 1954 and Act 11 of 1960, section 87 (W.e.f.1st May, 1960). The Bombay
police Act, 1951 was enacted for consolidation, regulation and amalgamation of
the police forces into one common force in the Pre- Reorganization state of greater
Bombay which included the Saurashtra, Kutch and Hyderabad areas of Vidarbha
regions and to introduce uniform methods regarding the working and control of
the entire force throughout the state. This act also empowers the state to determine
by general or special order; the number of employees in several ranks, powers,
functions, duties recruitment process, pay, allowances and other conditions of the
police force.
Gujarat state came into existence as a separate state on 1st May 1960 in India,
following Maha Gujarat movement which lasted for almost four years. Gujarat is
situated on the West coast of India and is bounded by the Arabian Sea in the West,
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by Rajasthan state in the North and the North-East, by Madhya Pradesh in the East
and by Maharastra in the South and the Southeast.
Gujarat has an international boundary and has a common border with Pakistan at
the North –Western fringe. The state has the longest coast line of 1600 K.M.s
amongst all the states of India.
The geographical area of Gujarat is 1.96 lakhs km2 and accounts for 6.19 percent
of total area of India. As per the census conducted in 2001, the population of the
state stood at 5.06 crores as on 1st March 2001.
The density of Gujarat is 258 persons per sq km and its literacy rate is 69.97
percent as on 2001.
The Map Gujarat
The certain laws enforceable in the Greater Bombay state were adapted by the
newly created state of Gujarat, subsequent upon bifurcation of The Bombay state
in May 1960; vide Gujarat adaptation of Laws (state and concurrent subject) order
1960. In sub-section (2) of section 1 of The Bombay police Act, 1951the word
―BOMBAY‖ was substituted by the word ―GUJARAT‖ and thus this act started
extending the new state of Gujarat and till today, the Gujarat police functions as
per provisions of this Act. However, revision of The Bombay police Act 1951 has
been under consideration of the state government under a new nomenclature-The
Gujarat Police Act.
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The Director General of police and inspector General of police; monitors the
functioning of the entire police force in the state. Some important head of
offices/branches under D.G.P‘s control are as follow:
State C.I.D.(crime and railways)
The main function of this branch is investigation and detection of those cases
which are referred to it either by the state government or by the D.G.P. and major
cases, investigation of which is handed over to it by a court.
State C.I.D,(intelligence)
This branch is engaged in gathering advance information on important political
events and keeping surveillance on suspicious elements including those associated
with communal and terrorist outfits.
Anti-corruption bureau
This office deals with complaints regarding corruption and bribery against the
public servants.
Anti terrorist squad
This squad keeps tabs on terrorist activities and if need be, it initiates appropriate
actions in this regard to prevent and control terrorism.
Computer cum state crime records bureau
This office keeps computerized data of various crimes for scientific analysis.
Hand writing Expert and photographic bureau
The main function of this office is to examine and scrutinize the controversial
documents to authenticate its genuineness.
The state finger print bureau
The branch is engaged in classification of search slips of the criminals and also
maintaining data of slips of the convicted criminals.
The state wireless communication
This office monitors wireless communication systems in all the districts of the
state.
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State traffic branch
The branch looks after regulation of traffic on the highways throughout the state.
Human rights and social justice (S.C./S.T. cell)
This office monitors the complaints pertaining to ―S.C. /S.T. (prevention of
atrocity) Act and protection of civil rights Act.
Arms units
It monitors various groups of State reserved police (S.R.P.) and helps city/dist
police maintain law and order by deploying S.R.P. personnel in the events of any
law and order related problem.
The training institutes-in Gujarat state
Police training academy -Karai Dist Gandhinagar.
Training programmers for direct recruit police officers from Dy.s.p.to P.S.I. level
are conducted here.
Police training school (PTS) Junagadh
Training to subordinate police staff is imparted here with reference to their pre
service exams as well as departmental exams. Refresher training courses are also
conducted here.
Police training school-Vadodara
This school imparts training to the newly recruited constables in basic Law and
various physical exercises associated with their routine duty.
S.R.P. Training centre, Chowky Sorath (Junagadh)
This centre imparts training to the newly recruited constables of an arms unit
(S.R.P.) The training institutes are under administrative control of Additional
D.G.P.(Training)
Besides these head of departments/offices; there are four police commissionerates
and seven police ranges. For effective functioning of police in the state. A city
police commissionerate is normally headed by a senior police officer of the level
of Additional D.G.P./I.G.P.
A range is headed by D.I.G. / Special-I.G.P. level officer.
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There are four commissionerates and seven ranges for the purpose of
administration of the police force and maintenance of law and order in
Gujarat.
Table:-2
-:Police commissionerate areas:-
Ahmedabad city
Vadodara city
Surat city
Rajkot city
-:Range wise districts :-
Ahmedabad Range Junagadh Range Gandhinagar
Ahmedabad Rural Junagadh Gandhinagar
Kheda Bhavnagar Mehsana
Anand Amreli Sabakantha
Porbandar
Rajkot Range Vadodara Range Surat Range
Rakot Rural Vadodra Rural Surat Rural
Jamnagar Bharuch Valsad
Surendranagar Panchmahal-Godhra Navsari
Dahod Ahva-Dang
Narmada
Border Range
Banaskantha
Kutch-Bhuj
Patan
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Thse details of the police hierarchy
1 D.G.P.
2 Additional D.G.P.
3 I.G.P.
4 D.I.G.
5 S.P. / Commandants
6 Dy. S.P (Unarmed) / Dy. S.P (Armed)
7 P.I. (Unarmed) / P.I (Armed)
8 P.S.I (Unarmed) / P.S.I (Armed)
9 A.S.I (Unarmed) / A.S.I (Armed)
10 H.C (Unarmed) / H.C (Armed)
11 P.C (Unarmed) / P.C (Armed) – W.P.C.
12 L.R.D=Lok Rakshak
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The Strength of the Constabulary as on 30th September 2010
Table:-3
ARMED
Post Sanctioned Filled Vacant
P.C. 17016 12339 4677
H.C. 3268 3005 263
A.S.I. 1893 1737 156
P.S.I. 7082 477 305
N.B.-The newly recruited 142 Armed P.S.I.s under basic training w.e.f. 1
st December 2010.
Table:-3.1
UNARMED
Post Sanctioned Filled up Vacant
P.C. 25519 15845 11488
H.C. 8180 7330 850
A.S.I. 5990 5443 547
P.S.I. 2481 1506 975
N.B.-The newly recruited 680 P.S.I.s under basic training w.e.f. 1st
December 2010.
The source-D.G.P. Office. - B.br
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A police man on duty at a public place can either burnish or furnish the image of
the entire police force through his courteous behavior and positive attitude or
arrogant and belligerent behavior with the public.
A police man has to face a piquant situation while trying to enforce the law
especially the traffic rules during peak hours in a big city where traffic jam is a
common malaise. There is no denying the fact that a section of even highly
educated people does not possess a civil sense and many times they brazenly
violate the traffic rules by jumping a red signal or by flouting safety rules like
wearing a helmet while riding a two wheeler or by avoiding to put on a safety belt
while driving a four wheeler. This leads to an altercation between a police man
and an earring vehicle owner. A police man has to maintain equanimity in dealing
with the vehicle owners who not only violate the traffic rules but also consider
themselves above law. The citizen expects every police officer to have the
wisdom of Soloman, the courage of David, the strength of Samson, the
patience of job, the Leadership of Moses, the kindness of the Good
Samaritan, the strategic training of Alexander, the faith of Daniel, the
Diplomacy of Lincoln, the Tolerance of the carpenter of Nazereth and finally
an Intimate knowledge of every branch of the Natural, Biological and social
sciences if he had all these, he might be a Good Policeman .Thus, a common
man‘s expectations from a police man are very high.
The other side of the coin is that at least ten percent of the policemen on duty at a
public place do not maintain decency, decorum and dignity of their uniform by
taking recourse to most foul and abusive language even at the slightest
provocation and sometimes without any cause of provocation also.
The commonest grouse against a police man is that he is inebriated with the power
that is associated with his khaki uniform and he is not sensitive to the grievances
of the public.
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It is well known that the subject of police-citizen relations has been exercising the
minds of eminent public leaders and senior government officials ever since the
days of Independence. The senior police officers and political leaders have been
discussing this subject regularly during various seminars, conferences and
seminars. Nobody should forget that the police are also citizens with the only
difference that they are employed in a whole time basis to perform duties which
are normally incumbent on every citizen, which means that the police must not
think of themselves as a body apart from the public; secondly, that the efficient
performance of police duties is dependent on the ready co-operation of the people,
which will not be forthcoming unless they conduct themselves so as to win the
respect and confidence of the people and try, as far as possible, to deal with
situations without the use of force; they should also be sympathetic, considerate
and mindful of the welfare of all sections of the people and always ready to offer
individual service, friendship and assistance to people in need without regard to
their social standing. The subject has also been discussed by the Police
Commissions set up by the States since Independence and various measures have
been suggested for improving the existing relationship. Regular holding of Lok
Darbars at the S.P. level and police station level in Gujarat has shown some
positive signs in police public relationship. Of course, it is observed that some
undesirable elements who enjoy personal Friendship the local police are also
invited to participate in such Lok Darbars and those who are vocal and opposed to
bootlegging and gambling are avoided by the police. However, the efforts to
construct a bridge of rapport between the police and the public through Lok
Darbar are not an exercise in futility. It has definitely yielded some positive
results.
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Image of the Police
The police force consists of a number of branches. The people, however, come
into contact mostly with the personnel posted to police stations/chawkies and
outposts. Though image of the police is not what is desirable, any proposal to shift
or abolish a police station or outpost is stoutly opposed by the local people.
As far as the police-stations and chowkies are concerned, the researcher‘s
observations suggest that their image, by and large, is unsatisfactory. They are
generally said to be impolite, authoritarian, professionally not up to the mark,
dishonest and unsympathetic to the complaints and grievances of the people. They
allegedly favor the well-to-do or the otherwise powerful sections of the
community while poorly dressed citizens are either neglected or humiliated. The
main reasons adduced for the unwillingness of the people to go to the police are
that the police are disinclined to record reports against persons of high status and
bootleggers, ―worli number walas‖ and petty criminals having good relations with
them. There is a popular belief that the police action on information/evidence
furnished is not prompt, there is corruption and the police machinery is ineffective.
The citizens are normally discouraged to file complaints against illicit liquor and
gambling dens since these are the sources for extra income to a section of lower
rung-middle rung policemen. Other reasons for the poor image of the police,
according to the study, are that complainants have to wait at police stations for an
unreasonably long time, there is fear of vengeance by the accused, payment of
compensation to complainants or witnesses attending courts is inadequate and
there is dissatisfaction with the ultimate outcome of the cases reported to the
police.Ofcourse, the constabulary can not be held solely responsible for the
inherent weaknesses associated with our criminal justice system.
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Reorientation of Attitudes
―May I help you!‖ is written on a notice board of every police booth and police
station. Besides this, a telephonic call at a police station is invariably greeted with
―Namaste.‖However, a visitor gets a different experience at a police station/choky.
There is a common complaint that the police men do not behave properly with any
body if one is not rich or a powerful person. The researcher tried to study this
aspect objectively without a ting of predilection or prejudice.
It is a routine practice in the local intelligence branch of a police station to
―charge‖ some amount from an applicant for issuance of NOC /police clearance
for obtaining a passport. Those who do not ―please‖ the concered police men are
made to wait for it for quite a long period. However, there has been a noticeable
improvement in the situation with transparency in the system and simplification of
the procedure introduced for obtaining a passport in the recent past by the Ministry
of External Affairs.
Non registration of First Information Report (F.I.R.) is perhaps one of the most
serious grievances against the police not only in rural areas but also in the urban
areas. The researcher has come across incidents of refusal by the police to lodge a
bank manager‘s complaint regarding embezzlement and also a complaint
regarding theft of a vehicle belonging to a lower middle person in Ahmedabad and
Gandhinagar respectively. This problem becomes more serious when the person
against whom the complaint is sought tobe lodged by a layman; is influential and
affluent.
A young girl, Bijal Joshi‘s suicide following refusal to lodge her complaint
regarding her mass rape at a hotel on the new year celebration day about five years
ago, by the police at the Naranpura police station in Ahmedabad resulting in to a
hue and cry against the police so much so, that the National women commission
had to intervene in this matter.
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The nature of police work is such that all the parties concerned can never be
satisfied with the way in which the police act in a particular situation. A law
enforcement agency inevitably has a negative silhouette and this prevents the
police from becoming a popular agency and strains the effort for establishing a
positively satisfactory relationship between the police and the community. This
inherent difficulty can be met to a certain extent by the development in policeman
of attitudes in tune with the changed tenor of life in our society since
Independence, but it seems to the researcher that steps are also necessary for an
effort to reorient the attitudes of the people towards the police.
The policemen have to realize that the police function is no longer repressive and
that the police have a positive protective role also to play. They have to appreciate
that they deal with people when the latter are frightened, desperate, ashamed,
angry, threatening or violent. Every police action can vitally affect in some way or
other some one's dignity or self-respect, or sense of privacy or constitutional
rights. The need for a helpful and sympathetic attitude on the part of the police
cannot, therefore, be over-emphasized. The researcher is of the opinion that the
senior police officers should try to ensure that the principles of police conduct
become a reality in practice. At the same time, the people should be aware of their
duties and rights. The concept of publication of a citizens‘ charter is more
applicable to the police rather than other department, since a common man is
ignorant of almost all aspects of functioning of the police force.
Participation in Community Life
The fact that policemen have to remain in constant contact with criminals of all
kinds and other violent and anti-social elements tends to affect their attitudes and
outlook. It results also in a certain stigma being attached to police work in the eyes
of the people. The pressure of the psychological complexes generated by this
situation might be relieved to some extent if policemen could be made to feel more
involved in the socioeconomic life of the community they serve.
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There should be active participation by police officers in the social and cultural
life of the community. The researcher was pleasantly surprised to notice that
Garba and Ras were organized during the Navratri festivals for the family
members of the police personnel serving in police stations of Junagadh District.
The police constables and their family members at Keshod police station were
seen participating in Garba during the researcher‘s visit on the first day of
Navratri, as part of the present duty.
The recent experiments of organizing visits of school children to a nearby police
station with a view to removing fear of the police from their minds and to make
them conversant with various duties and functions of the constabulary in Gujarat is
indeed appreciable and there is no denying the fact that this is an exercise in right
earnest resulting into bringing the constabulary closer to the future generation and
vice versa.
Integrity and Magnitude of Corruption
The question of integrity is as important as that of positive attitudes for healthy
police community relations. To gauge the exact extent of corruption prevalent in
an organization or at the various levels of its hierarchy is extremely difficult. As
far as the police are concerned, the researcher noticed that this problem has also
been exercising the minds of senior police officers that the dimensions of the
problem continue to be larger in other government departments; it would,
however, be very dangerous to develop an attitude that this is something which is
inevitable and a necessary evil. A number of factors are involved in the problem of
corruption. Apart from the conditions of service of the members of the force, the
attitude of the members of the public can be a breeding factor for corruption. But it
is imperative that stern action should be taken against an officer found to have
indulged in corruption and malpractices and especially extortion. There should be
a concerted drive to make it impossible for a dishonest person to remain in service.
All complaints of corruption should be promptly investigated; and action against
the guilty must be drastic whatever his / her rank is. The lead for a relentless
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campaign for weeding out corruption must come from the senior police officers.
The integrity of police officers should be beyond all shadow of doubt and
suspicion. Corruption is a slur which deprives the force of public esteem and co-
operation.
To be fair to the police officers at the middle and lower rung of the hierarchy; it
must be borne in mind that they have to meet expenses on certain ―practices‖
which are part of working culture of the police.
The guests of senior I.P.S. officers and other VIPs have to be provided some
facilities like transportation, lunch, dinner and visits to worth seeing places and
other entertainments, the expenditure for which has to be incurred by the local
police. The researcher found during the present study that the police constables
posted at police stations / chowkies located in the areas of famous pilgrim place or
tourist spot have to entertain such guests more often than not.
Understandably, they try to compensate such expenses through other means. The
researcher got an opportunity to discuss this issue with a police inspector serving
at a police station located under the area of a national level famous pilgrim place
in Gujarat. The respondent police inspector candidly but frankly informed that he
had to spend around twenty five thousand rupees towards lunch, dinner for the
VIP guests. Thus corruption at police station level is some times ―need based‖ and
not ―greed based.‖ as rightly pointed out by a senior officer while discussing this
issue with the researcher.
Police and Agitations
The role of the police in dealing with strikes and other agitational activities is
another area in which there is much scope for misunderstandings and strained
relations with large sections of the people. Farmers, student and political leaders
and Govt. employees‘ associations complain that the police favor the industrialists
and serve the interests of the few as against those of the masses. The researcher
has also been told that peasant agitations are often organized by opposition leaders
for political purposes. For example, agitation against the Nirma Cement plant in
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Mahuva in Bhavanagar District has become a serious problem for the police. The
brunt has to be borne by the police and when the police move in to maintain or
restore peace and order, they are criticized for using undue force in suppressing
popular agitations. The role of the police in such agitations or political morchas is
indeed very sensitive and any mistake or miscalculated steps taken in haste can
destroy the goodwill built up over a period of time.
It is necessary for the police to project an image of strict neutrality while dealing
with various agitational activities. It should be manifest on such occasions that the
police are present on the scene to forestall breaches of the peace and to prevent
violence and not to side with any party whatsoever. The Ahmedabad city police
acted wisely by dealing with the agitating state Govt. officers in 2009, strictly in
accordance with rule of law without buckling under pressure of some political
leaders and vice chancellor of a University who wanted the police to use ―Force‖
against the employees. This particular incident has definitely enhanced a prestige
of Ahmedabad Police in the eyes of the general public. The rules on the subject of
the use of force are very clear and an attitude of mind has to be developed in
police officers that most of the situations can be handled without the use of force if
the approach is one of patience and understanding. There are, indeed, many factors
which compel a police officer to resort to the use of force, but it is also true that a
suitable frame of mind can reduce such incidents.
In short, ―it is easier said than done‖ in the matter of establishing rapport and
harmony between the police and the public; taking into consideration the nature of
duty of the police personnel at the lower and middle level of hierarchy in the force.
There is a marked improvement in the situation in urban areas of Gujarat.
The young police constables and the direct recruit P.S.I.s are found to be by and
large polite and polished in dealing with the public during agitations. However,
the policemen above the age of 40 are found to lose their temper during tense
situations like political morchas and processions in connection with various
agitations. 71% of the policemen, the researchers interviewed, opined that the
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public ―reaction‖ to the police taking the necessary measures for maintenance of
law and order; was good. They believe that the general public is supportive to the
police. Where as 29% of the policemen interviewed by the researcher felt that the
public response was not good.
In short, it could be concluded that the members of the constabulary in general and
the young generation of the constabulary in particular have, of late, started
realizing that in a democratic setup like ours, the policemen have to be friends of
the public and not the masters. However, there is a scope for further improvement
on this front.
Chart-3
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Human Rights:-
A primitive man was mostly free to act and behave in a way he liked but his
routine struggle for survival in the absence of basic amenities converted him into a
gregarious animal living in a tribe, a clan and later on in communities and family.
In the Indian context, occurrence of social and political upheavals because of
foreign rule for over a thousand years, there is a common belief among the
contemporary scholars that the human rights concept is evolved only because of
western liberal thinking which is not entirely true, in the sense that the ancient
Indian philosophers had conceptualized a welfare state with basic rights of human
beings albeit with different articulations.
The society‘s affairs were regulated by customary rules known as ―Dharma‖ rather
than the prescribed laws in ancient India. ―Dharma‖ is what holds together (“Dhru
dharayiti Dharma”). It is also a code of duties for proper functioning of various
divisions of the society to ensure harmony among the people belonging to
different strata of society. The Vedas, Puranas and various religious scriptures are
full of noble thoughts on divinity and well-being of humanity. ―Vasudhaiva
Kutumbakam‖-meaning, the entire world is one family. ―Ano bhadra yantu
vishvtah‖-meaning, Let noble thoughts come to us from all directions (Rig Veda).
The ancient philosophers believed that everyone was born with human rights
regardless of who he was and to which community he belonged. Kautilya a world
renowned philosopher and a source of inspiration for the famous ancient king,
Chandragupta Maurya, mentioned in his book, Arthahastra, the classification of
rights and duties of the king which are relevant in the modern time also.
However, from the third A. D. onwards, the society in India started being
degenerated into a web of numerous castes and sub castes. The rigidity of caste
system resulted into decadence of society to such an extent that basic rights of the
people of so-called lower castes were brazenly violated.
Over the centuries, the human community slowly but steadily became well- knit
and with development of science and technology, facilities like communication
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and transportations the whole world was converted into the home of human
family. With the passage of time, feudalism in society and monarchy robbed a man
of his liberties and freedoms. The powerful persons started controlling ordinary
men by suppressing their rights to raise a voice against any injustice and
discrimination. In the European context, the Magna Carta, a document of certain
rights conceded by the king of England to his barons and the people, following a
vehement protest against heavy dose of taxation for meeting the expenses of wars,
is considered to be a first bill of rights.
The King John of England conceded a number of legal rights. The Magna Carta
incorporated some path breaking rights, declaring "No Freeman shall be captured
or imprisoned or stripped of his rights or possession... except by lawful judgment
of his equals or by the law of the land". This document is also called the "blueprint
of English common law". Thus, the Magna Carta could be described as the genesis
of official reorganization of basic human rights by the state.
The resentment and dissatisfaction against the pattern and working of feudalistic
society resulted into social / political revolutions in different parts of the world.
This could be termed as the starting point of mass movements for securing basic
rights like equality, freedom and liberty in the 16th
and 17th
century, though the
term ―Human Rights‖ became prevalent and popular in the late forties. American
and French revolutions were successful in highlighting the issues of liberty,
freedom and equality for individuals.
The European countries witnessed industrial revolution in the 19th
century,
bringing an end to the feudal system and addressing basic/fundamental rights of
the citizens so long suppressed by the absolute monarchy. The democratic form of
government in a number of countries provided a congenial atmosphere to the
people to become aware of certain rights, irrespective of their economic and social
status. Thus, it can be reasonably inferred that the modern time concept of
―Human Rights‖ is the product of democracy. It necessitated an international level
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mechanism for ensuring mutual trust and respect and also protection of human
rights by various nations, in the interest of international peace.
Human Rights became a global issue especially after the World War II. The UNO
drafted the Universal Declaration of Human Rights on 10 December 1948. The
most notable feature of this declaration is that ―All human beings are born free and
equal in dignity and rights‖-proclaims Article-1 of UDHR.
India is a sovereign socialist secular democratic republic with its constitutional
obligation to protect basic rights of its citizens. Human rights jurisprudence in
India is founded mainly in the two chapters of the Constitution i.e. Part III-
Fundamental Rights and Part IV Directive Principles of State Policy.
The article 21 of the constitution guarantees that no person shall be deprived of his
life and personal liberty except according to procedure established by law.
However, the basic rights were brazenly trampled upon during the emergency
period in mid seventies. This denial of the fundamental rights during emergency
(1975-77) made civil society launched its movement under the leadership of
Jaypraksh Narayan and other socialist leaders. Many opposition leaders were
arrested and were denied due rights. The police and administration earned a bad
name. After the Emergency in 1977, the verdict of the people in general elections
went against the Congress government for the restoration of the Human Rights.
However good the concept of Human Rights may be, the law enforcing agencies
including police are imbibed with the authority and power to implement law of the
land and maintain rule of law and therefore, in course of performance of their duty
the members of these forces get involved in conflict with the people, often
resulting into serious allegations of human rights violation against them. During
the British rule, besides severe beating, red pepper spray was one of the tools
commonly used by the police to extract confessions from the accused. After
independence, the situation has improved. Nevertheless, the overall scenario is not
satisfactory as is evident from a number of reports related to human rights
violation by the police.
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A policeman, who is a symbol of power and persecution to a lay man, has to keep
restraint and to maintain equanimity even in the midst of tense situation like public
agitations, demonstrations, processions and religious and political programmes.
This demands a great deal of forbearance and tact. However, it is easier said than
done; as mentioned in the previous chapters.
A man in khaki uniform often behaves rudely and acts in such a way that is not
compatible with his duty to protect citizens. Some of the widely publicized
incidents of police brutality and violation of Human Rights, during the last three
decades clearly indicate that India is amongst the countries in which human rights
violation is not uncommon.
The Supreme Court expressed its resentment against recurrence of police torture.
The Court (AIR 1980 SC 1087) held, ‗the state at the highest administration and
political levels must organize special strategies to prevent the brutality by police
methodology otherwise the credibility of the rule of law in our Republic vis-à-vis
the people of the country will deteriorate‘.
In Bhimsigh Vs State of J&K, AIR, 1986 SC 494,the Supreme held, ―Arrest of a
member of Legislative Assembly while enroute to attend the Assembly session
with mischievous and malicious intent will be compensated by awarding suitable
monetary compensation in appropriate case…police officer must show greatest
respect for personal liberty of citizen.‖
In Rudul Shah Vs State of Bihar, AIR, 1983 SC 1806, the Supreme Court held
that, ―Article 21 which guarantees the right to life and liberty will be denuded of
its significant content if the powers of the court to passing orders of release from
illegal detention. Administrative sclerosis leading to flagrant violation of
fundamental rights cannot be corrected by any other method open to judiciary to
adopt. The right to compensation is some palliative for the illegal acts of the
instrumentalities which act in the name of public interest which present for their
protection the power of the state as a shield. If the civilization is not to perish in
this country as it has perished in some others too well known to mention here, it is
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necessary to educate ourselves into accepting that respect for the rights of the
individuals is true bastion of democracy. The State must repair the damage done
by its officers to the rights of the petitioner.‖ The above cases of the Supreme
Court cannot be considered an exhaustive list of Human Rights violation in India.
In fact, it is the tip of an iceberg.
Torture of the accused of petty offences like burglary, theft, pick pocketing in
police custody is considered a routine practice in most parts of the country. The
main purpose of torturing suspects is to elicit information about crimes or to
extract confession of an offence irrespective of whether it is actually committed.
Sometimes persons with political power or influence manage to lodge a fake
police complaint against anybody in rural areas and the police in an over zeal to
please them, ill-treat the accused without ascertaining veracity of charges. The
common patterns of torture are severe beating, hanging upside down, and electric
shock on vital parts, crushing with rollers, burning with cigars and objects such as
chilly powder or thick sticks being forced into one‘s rectum during interrogation.
The ultimate form of torture is that results into custodial death of an accused.
One of the plausible reasons for recurrent incidents of torture in police custody in
various parts if India seems to be an immunity from accountability and deterrent
actions, being enjoyed by a section of so-called ―Jambaz‖ police officers at the
middle level of hierarchy in the police forces. Some senior police officers have to
be heavily dependent on those police inspectors/sub inspectors who are masters of
publicity stunt, for detection of crimes and show a result on the front against the
gangsters and dreaded criminals who are dangerously active in big cities like
Mumbai. Recently some self-proclaimed encounter specialist police officers of
Maharashtra and Gujarat have been in a soup because of serious charges of human
rights violation.
Besides these, there are institutional factors, which contribute to inculcation of
―Torture Tendency‖ in the minds of middle and lower rung police officers. The
main institutional factors are as follows:-
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The negative public image and bad working conditions of the police
The inadequate training in behavioral attitude and scientific modern
methods of investigation
The inadequate basic facilities and infrastructure to discharge their duty
purposefully
The high degree of political interference
The failure of the governments irrespective of ruling party to accept
responsibility for allowing the law enforcing agencies including the police
force to function within ―Rule of Law‖
Sometimes higher ups in the force virtually pressurize the subordinate
police officers to ―show‖ results in the matter of crime detection that
prompts them to torture the accused to elicit more and more information on
the crime under investigation besides extracting confession.
The laymen also expect the police to beat the offenders of burglary, theft,
pick pocketing, chain snatching etc and to teach them an object lesson. It
becomes extremely difficult for the police to persuade a victim of a crime or
his family members not to nurse the feelings of retribution and revenge
against the wrong doer. Occasionally, the call for beating a criminal from a
victim virtually compels the police to act in a way, which may result into
human rights violation.
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The Human Rights protection Act was enacted in 1993.The salient features of this
act are as follows:-
Constitution of National Human Rights Commission, state Human Rights
commission in various states of India with certain powers to inquire into charges
pertaining to Human Rights violation and establishment of Human Rights courts
are some of the remedial measures for better protection of Human Rights.
The functions of the National Human Rights commission are multifarious and its
ambit covers every matter that is connected with Human Rights.
To inquire into a complaint related to Human Rights violation received from any
person, N.G.O. or on directions from a court.
Study treaties and other international instruments on Human Rights and
make recommendation to the Government for its implementation. and to
Undertake and promote research in the field of human rights.
Spread human rights literacy among various sections of society and promote
awareness of the safeguards available for the protection of these rights through
publications, the media, seminars and other available means.
Encourage the efforts of non-governmental organizations and institutions
working in the field of human rights.
Such other functions as it may consider necessary for the protection of
human rights.
The commission, while inquiring into complaints under this Act, enjoys
powers of a civil court and especially in respect of the following matters.
Summoning and enforcing the attendance of witnesses and examining them
on oath.
Discovery and production of any document
Receiving evidence on affidavits
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Requisitioning any public record or copy thereof from any court or office
Issuing summons for the examination of witnesses or documents
The Commission may suo motu take cognizance of an incident of Human Rights
violation.
The National Human Rights Commission has made the following observations in
its annual report for the year 2005-06. These observations are worth mentioning
here in the context of the present study.
Custodial justice
―The primary responsibility of the police is to protect life, liberty and property of
citizens. Criminal justice system is to ensure protection of these rights. When an
individual is in custody, it means that he is in the custody of the state and,
therefore, to ensure that his human rights are protected, is the direct concern and
responsibility of the state. The individuals are kept in custody in police station, in
judicial custody in jail, juvenile homes and mental homes…‖-(2.42-NHRC report
2005-06).
―The Commission, in the international fora viz. the meetings of the Asia Pacific
Forum of National institutions and the Human Rights Commission, has reiterated
that the action which any state takes to fight and triumph over the evils of
terrorism must fall within the parameters of the Rule of Law and conform to the
high standards that we have set for ourselves-in our constitution, laws, and in the
great human rights treaties adopted since the founding of the United Nations. The
commission firmly believes that there can be no selective approach while dealing
with terrorism and there has to be united and concerted effort to fight the menace,
without chilling the civil liberties of the citizens.‖ (3.4 NHRC report 2005-06)
Despite constitutional provisions and the protection of Human Rights Act 1993,
there has been a plethora of instances of custodial torture and illegal detention
against the police in various parts of the country. Faced with repeated complaints
of such a nature the apex court of India laid down eleven commandments to be
- 53 -
complied with by the police in the event of an arrest of a person, in the well known
case-DK Basu Vs state of West Bengal(1997)SCC 416 which has been widely
publicized both in the print and electronic media.
These commandments are reproduced in verbatim as below:-
The police personal carrying out the arrest of the arrestee shall prepare a
memo of arrest at the time of arrest and such memo shall be attested by at least one
witness, who may either be a member of the family of the arrestee or a respectable
person of the locally from where the arrest is made. It shall also be countersigned
by the arrestees and shall contain the time and date of arrest.
A person who has been arrested or detained and is being held in custody in a
police station or interrogation center or other lock-up shall be entitled to have one
friend or relative or other person known to him or having interest in his welfare
being informed, as soon as practicable, that he has been arrested and is being
detained at the particular place, unless the attesting witness of the memo of arrest
is himself such a friend or relative of the arrestee.
The time, place of arrest and venue of custody of an arrestee must be
notified by the police where the next friend or relative of the arrestee lives outside
the district or town through the Legal Aid Organization in the District and the
Police station of the area concerned telegraphically within a period of 8 to 12
hours after the arrest.
The person arrested must be made aware of this right to have someone
informed of his arrest or detention as soon as he is put under arrest or is detained.
An entry must be made in the diary at the place of detention regarding the
arrest of the person, which shall also disclose the name of the next friend of the
person who has been informed of the arrest and the names and particulars of the
police officials in whose custody the arrestee is.
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The arrestee should where he so requests, be also examined at the time of
his arrest and major and minor injuries, if any person on his/her body, must be
recorded at that time. The ―inspection memo‖ must be signed both by the arrestee
and the police officer affecting the arrest and its copy provided to the arrestee.
The arrestee should be subjected to medical examination every 48 hours
during his detention in custody by a doctor on the panel of approved doctors
appointed by Director, Health services of the concerned state or Union Territory.
Director, Health services should prepare such a panel for all tehsils and Districts as
well.
Copies of all the documents including the memo of arrest, referred to above,
should be sent to the illaqa magistrate for his record.
The arrestee may be permitted to meet his lawyer during interrogation
though not throughout the interrogation.
A police control room should be provided at all district and state head
quarters, where information regarding the arrest and the place of custody of the
arrestee shall be communicated by the officer causing the arrest, within 12hours of
effecting the arrest and at the police control room it should be displayed on a
conspicuous notice board.
In a democratic Government system, it is utmost important that the fundamental
rights of the citizens are protected and guaranteed under such Act. The Human
Rights Protection Act, 1993 protects and provides relief to the common man
against any harassment by an established powerful group in the administration and
protects the fundamental human rights to life, liberty, equality and human dignity.
The Gujarat State Human Rights Commission was constituted in July, 2006, and
started its functioning from September, 2006.
All the major efforts have been directed towards the full protection of the human
rights. The Commission deals with its petitions considering all their
representations as correct and looks at them from their angle.
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Gujarat is a progressive State. It remained as a peaceful State from the point of
views of law and order. The Commission is empowered to cover one year old
cases from the date of breach of human rights. But, the transferred old cases or
grievances remaining pending and indisposed off various legal proceedings before
Hon‘ble Supreme Court, or before the Hon‘ble High Court or National Human
Rights Commission or pending before any Competent legal Authority handling
such cases can also be examined by the Commission.
Besides, the office of the commission which is a state forum to protect human
rights, each District Sessions Court in the State has been declared as the Human
Rights Court and the Public Prosecutor of each Sessions Court has been appointed
as the Special Public Prosecutor to take up human rights cases. However, due to
lack of awareness about this aspect, this facility is not much utilized at all at
district level. More elaborate arrangements for use of these provisions are required
to be made in this direction.
The Gujarat State Human Rights Commission has in chapter 6 of its first annual
report at page No33, made the following observation on the issue of unlawful
custody.
―Cases of unlawful custody have also been noticed in the state.Especially, there
are examples of the accused persons who were taken on remand were not
presented before the courts on the prescribed dates. The main reason for such
delays was given that the officers were mostly busy in making urgent security
requirement. For the matters taken under judicial custody for remand, day today
pre-review should be carried out before hand for date given by the court, and for
the date given by the court, and in such cases it is must that rulings of the Hon.
Supreme court on the arrests and custody must be strictly followed and that not
even a single person be left unauthorized under the police custody even by a
mistake.‖-
So far as Gujarat police is concerned; the senior police officers are found to be
sensible to protection of human rights of an accused during custodial interrogation
- 56 -
and the lower rung police personnel-i.e. from constables to ASIs are found to use
vituperative language as a routine practice against both complainants belonging to
lower strata of the society and the accused involved in the petty crimes. However,
physical torture is normally not resorted to during interrogation according to the
researcher‘s study. Moreover, the Shohrabuddin encounter case has scarred the
constabulary so much so that a section of lower rung police personnel is of late,
found to be extra cautious while dealing with the accused facing serious charges of
terrorist acts like bomb blasts and mass killing too.
The researcher got an opportunity to discuss in depth the issue of human rights
with a senior IPS officer belonging to 1985 batch who clearly opined that in light
of the recent developments the police officers from a constable to Director General
level have to jettison the old habit of using ―third degree‖ for eliciting information
even from hard core criminals.
The Gujarat police have ensured that there is no room for allegations of human
rights violation while dealing with the accused facing serious charges of naxalite
activities in the tribal belt of south Gujarat.
The Times of India.19 Feb-2011- Bowing to people‘s sentiments
- 57 -
A glimpse of the exemplary cases disposed of by GSHRC
Bhavnagar
To prevent unnecessary involvement in murder case
Petitioner Shri Shardulbhai Kalabhai Chavda, residing at Lusdi, Ta.Mahuva,
District: Bhavnagar filed a petition to the Commission in January, 2007 about
suspicious murder case involving innocent shepherds in his area. The Commission
called for the police report. Serious loopholes were seen in the inquiry by the
Commission. The Commission recommended for CID (Crime) is awaited to take
the impartial view of the judgment by the Commission for giving proper justice to
the innocent shepherds who were not involved in the murder.
Vadodara Rural
Arrest on a wrong complaints
Applicant Shri Karshanbhai Ambalal Mali, residing at Ashok Colony, Vadodara
complained the State Commission against Kaushikbhai Gopalbhai Limbachia
about petitioner‘s arrest though he was innocent. The State Commission called
from the Vadodara (Rural) Deputy Superintendent of Police to submit his inquiry
report for this case. It was found that the complaint was wrongly investigated
against Karshanbhai. The State Commission informed the Padra Police Station to
take punitive actions against Kaushikbhai for lodging wrong complaints. The State
Commission recommended the Home Department for taking departmental actions
against the responsible Deputy Superintendent of Police for misused his powers;
however he soon retired at present. Applicant Shri Karshanbhai was fully satisfied
for the actions taken by the State Commission.
- 58 -
Patan
Police inaction in one case of atrocity on a woman.
Smt. Dariaben Galabaji Thakor of Patan made a complaint to GSHRC that the
opponents are bootleggers and have assaulted and threatened her to vacate the
area. Local Police also connived with these opponents and their constant
harassment resulted in mental depression and suicide attempt by the applicant.
In reply to GSHRC instruction for Inquiry of this complaint, SP / Patan reported
that opponents were arrested and booked under IPC 323, 504, 506(2), 114 and
were produced in court. Police also raided the premises, seized liquor and made
prohibition case also. Precautionary measures were taken by Police and applicant‘s
husband was advised to represent the case regarding illegal encroachments by the
opponents to competent authority.
Thus, applicant‘s grievances were duly attended by the Police only after
intervention of the state Commission. This is indeed a matter of great pride that the
State Human Rights commission rises to the occasion and proves its worth by
protecting basic rights of a citizen.
Junagadh
Allegations regarding inaction by Police in not arresting an accused in a rape case.
Smt. Devuben Ranabhai Parmar, of Vekaria, Ta.: Visavadar, a Scheduled Caste
woman made a petition before the State Commission that one Hada Mohan Aahir
raped her and threatened to death. Her complaint was not attended by Police,
proper charges of atrocity were not framed against the accused and he was not
arrested etc. On calling for a report from GSHRC, SP Junagadh reported that
section of atrocity was added on the same day. However, the details of incident
revealed that the allegation of threat for death was not substantiated. The accused
remained absconding, but was apprehended subsequently by Police and was
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arrested after a period of over three months. A case under IPC 376, 452, 323 and
under atrocity act was registered against the accused.
Surendranagar
Protection against Police inaction in filing of a false complaint
Shri Jitendrasinh Limbad of Wadhwan city, District Surendranagar made a petition
before GSHRC that he had given Rs. 2.5 lakh as loan to Shri Bhagwadsinh
Parmar. During the course of repayment, the cheque bearing the signature of Shri
Parmar bounced back; hence Shri Limbad had filed a criminal case No 330/07
against Shri Parmar which was pending. Meanwhile, Shri Parmar and his son, a
dismissed Police Constable, started harassment and succeeded in filing an FIR No
157/07 dated 11/10/07 under IPC 406, 420 against Shri Limbad. This was based
under the pretext that the amount is already repaid in cash but Shri Limbad refuses
in returning these blank cheques bearing signature of Shri Parmar etc. As police
has not taken cognizance of the pending criminal case and even his application
dated 8/10/2006, it was feared by the applicant that Police have shown inaction in
in connivance with Shri Parmar and hence he was forced to approach Hon. High
Court for getting anticipatory bail also. Therefore he requested GSHRC to
intervene and to do needful. On calling for a report by GSHRC in this issue,
SP/S‘nagar reported that the complaint dated 17/2/2008 Cr. Regi. No 19/08 against
Shri Parmar under IPC 465, 406, 420, 34 from Shri Limbad is taken on record and
Shri Limbad is taken on record he has also shown satisfaction over this police
action etc.Thus, the intervention from GSHRC resulted positively in moving
Police authorities towards the right direction and also in removing doubts and
grievances of the applicant.
The police constables and other police personnel up to the rank of P.I. interviewed
by the researcher willingly filled up a structured questionnaire and expressed their
views on human rights. The overall scenario on human rights violation in Gujarat
is not bad as is evident from the graph produced herewith.
- 60 -
Graph -1
Source: Third- annual report year. 2008-2009. G.S.H.R.C P.-63
0
1
2
3
4
5
6
7
8
2006-
2007
2007-
2008
2008-
2009
Number of
Custodial deaths
Custodial torture
Wrongful
Confinement
Uncalled for
arrests
- 62 -
THE POLICE REFORMS
The British had the realization of the limitations of their police force after the
incidence of Sepoy Mutiny in 1857 which ultimately took the shape of Indian
Mutiny and subsequently put an end to the ruling of the East India Company. In
1861 the British Government took some initiatives to bring about changes in the
police system and subsequently appointed a commission under the chairmanship
of Sir A.H.L. Fraser to recommend suitable changes in the police system.
The commission made recommendations, but these recommendations did have
little relevance to the ills afflicting the police force that used to suppress the
subjects and their human rights.
Since independence the police organization is the part of the state and the latter
cannot fulfill the aspirations of people and the challenges of administration in the
post independent scenario. Independence has brought with it a series of
transformation in different spheres but the police organization has virtually
remained unaltered barring some superficial arrangements.
Article 246 of the Indian constitution designates the police (including railway
police and village police) as the state subject and the state governments are entitled
to frame the rules and regulations pertaining to the police organization of their
respective states. Recruitment rules for police officials of respective states (except
I.P.S. officers) are framed in consultation with State public service commission /
staff selection.
Over five decades, the centre and some states have set up committees and
commissions to look into problems of the police and suggest measures to
introduce qualitative changes in the system. As early as 1959, the Kerala Police
Reorganization Commission had cautioned about the decline of police image
owing to political interference. The West Bengal Police Commission (1960-61),
the Punjab Police Commission (1968) and the Tamilnadu Police Commission
(1971), also made similar observations.
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THE NATIONAL POLICE COMMISSION
The first National Police Commission (N.P.C) of independent India was set up by
the Central Government in 1977 with vide terms of reference on the functioning of
police organization, its accountability, the problem of outside interference in its
day to day work, relations with the common people, abuse of powers vested in it
and overall evaluation of its performance etc. The N.P.C. submitted as many as
eight reports between 1979 and 1981, containing some valuable recommendations
for police reforms in India.
The salient features and noteworthy recommendations in the phase wise reports of
N.P.C. are as follow:
First Report:
The commission suggested an independent authority outside the police
organization to ensure objectivity and inquire into complaints against police. The
commission also recommended for mandatory judicial inquiry in the following
category of charges against the police.
Alleged rape of woman during police custody
Death or grievous hurt caused during police custody
Death of two or more persons in police firing while dispersing unlawful
assemblies.
The supervisory officers should departmentally inquire the other complaints from
the public against the police and the cases disposed off in this manner should be
scrutinized by D.I.A. P.A has also recommended for setting up a police complaint
board at the state level to oversee implementation of the entire scheme of disposal
of complaints against the police. This arrangement seems to be aimed at ensuring
objectivity and fairness in inquiry cases against police officer.
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Second report:
The commission recommended setting up a body to monitor performance of all the
wings / agencies of criminal justice system. The law commission may be enhanced
to function as a criminal justice commission at the centre and such arrangements
may be supported with similar mechanism at the state level. The main role of the
police is to function as an impartial law-enforcing agency.
The Police should be trained and equipped suitably to perform the role of a
service.
A state security commission should be set up through law in each state of the
country. The functions of a state security commission may be as follow:
Lay down broad policy guidelines and directions for the performance of
Preventive tasks and service oriented functions by the police.
Evaluate the performance of the state police every year and present a report
to the state legislature.
Function as a forum of appeal to redress grievances from officers regarding
illegal orders given to them by the power that be, and grievances regarding their
service matters.
Overall, review of the performance the state police force.
The N.P.C. has also recommended a fixed tenure of State D.G.P. Police officers
should be effectively protected against whimsical transfers / suspension due to
extraneous reasons and with a malafide intension.
Third report:
It is about the amendment to be made in the Cr.P.C. to facilitate special provision
in filing FIR by scheduled castes and tribes while facing atrocities. Their
complaints are mostly ignored and not registered under several pretexts. The
commission has recommended the setting up of special investigation cell of police
- 65 -
at the state level for monitoring the progress of atrocity related cases. Harassment
and humiliation of a person by threatening him to handcuff him in full public view
is a source of corruption and extortion for the police.
The Ribeiro committee on police reforms:
The Ministry of Home Affairs, Government of India, constituted a committee on
police reforms under chairmanship of Shri J.F. Rebeiro.
The committee has recommended the setting up of a non-statutory body to look
into complaints / grievances against police on excesses, arbitrary arrests and
detentions, false implication in criminal cases, custodial torture etc. and make
necessary recommendations to the state security commission. However, the
committee has not made any specific suggestion on the procedure for dealing with
a public complaint against police personnel and about the secretariat of such an
authority.
The police Establishment Board:-
The committee has recommended the setting up of a state level board under
chairmanship of D.G.P. with four other senior police officers immediately junior
to him as members ―to monitor transfers, promotions and other related matters of
officers of and below the rank of Deputy Superintendent of police should be the
sole prerogative of police hierarchy.‖[Committee‘s report, p 14]
The committee has also suggested for the amendment in the Service Rules.
Moreover, the committee has suggested empowering the Police Establishment
Board to consider the postings, transfers of officers of and above the rank of S.P.,
and send its recommendations to the state government for final orders in this
regard.
In case of disagreement, the Government should record the reasons thereon and
‗seek the views of the state security commission before issuing the final orders‘
[Committee‘s Report p 23]
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In short, the Rebeiro Committee reviewed N.P.C‘s recommendations on police
reforms and its implementation by the centre and various state governments as per
the Supreme Court‘s directives in 1998.
The Padmanabhaiah Committee on police Reforms:-
The Ministry of Home Affairs, Government of India set up the Padmanabhaiah
committee on police reforms in January 2000.This committee was headed by
Shree Padmanabhaiah, Ex Union Home Secretary and in addition to Chairman; it
consisted of two retired and two serving police officers. Within a short time of
eight months, the committee submitted its report to the central government.
The salient features the committee‘s reports are as follows:-
Politicization and criminalization of the police
The committee has expressed concern over growing politicization and
criminalization of police in India and opined ―Corruption is the root cause of both
politicization and criminalization of police‖ (committee‘s report p 109). It
recommended (1)-raising the status of the constabulary and improving their
serving and living conditions;(2)-preparing a new Departmental inquiry Manual a
new code of conduct for the police (3) filing of property returns both by gazetted
and non gazetted police officers (4) improving in-house vigilance within the police
department;(5) improving the accessibility of police officers to the public and (6)
reviewing the record of arrests made by police staff. (Committee‘s report p 111 to
114)
The committee is of the view that most of the problems of police could be
attributed to frequent arbitrary transfers of police personnel, lack of a proper
tenure policy for posting of police officers at different levels and other service
related matters including recruitment of non I.P.S officials which is within the
purview of the state governments.
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Political control over Police
With a view to curbing politicization of police, the committee has made the
following recommendations:-
A body headed by the Chief justice of the state High court as chairman, State
Chief Secretary and an eminent public person as members should be constituted
for empanelling two senior police officers for appointment to the post of Director
General of Police.(2)The minimum tenure of all officers should be two
years.(3)There should be another committee headed by the state Chief Secretary
with Home Secretary and D.G.P. as members to hear complaints / representations
from police officers of the rank of Superintendent Police and above alleging
violation of rules in the matter of postings and transfers. (Committee‘s report pp
120-124)
Police accountability
The media often publish reports on incidents of extortion, brutality and other
crimes committed by police personnel in different parts of the country. One of the
terms of references of this committee on police reforms was to examine and
suggest suitable changes in the police accountability.
Certain basic reforms for the effective functioning of the police, to enable them to
promote the dynamic role of law and to render impartial service to the people were
recommended and a draft new police Act incorporating the recommendations was
annexed as an appendix.
How difficult it is to carry out reforms in the criminal justice system, can be
gauged from the recent abortive attempt of the central government to implement
the amendment in Section 41(a) of Criminal Procedure Code in respect of a
police officer‘s power to arrest a person who has been concerned with any
cognizable offence; without an order from a Magistrate and without a warrant.
According to Cr.P.C 1973 Amendment Act-8 passed by the Parliament in its
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session held in January 2009, the police needs to serve only a notice to any person
and not to arrest him who is booked in connection with alleged bailable offence /
offences for which punishment of imprisonment for not more than 7 years is
prescribed under the relevant sections of I.P.C.
The amendment would have prevented misuse of power by the police to arrest any
person without a warrant, merely on the ground of suspicion of a cognizable
offence. However, there was an outcry against this amendment not only from the
police officers but also from Bar councils of various states of the country so much
so that the Central Government could not issue an official notification and publish
this amendment in the Gazette for its implementation. The opponents of this
amendment argued that offences like rioting, harboring criminals and import of
counterfeit notes, attempt to molest, adultery, cheating etc would increase
manifold in the absence of fear of police actions.
The Gujarat legislative assembly also passed a resolution requesting the centre to
review the amendment in its third session of the twelfth assembly; on the similar
ground.
The crux of the police reforms is to secure professional independence of the force.
However, the Supreme Court appointed police reforms monitoring committee
headed by justice K.T. Thomas has come to know the harsh reality that not a
single state or union territory government is ready to lose its power of appointment
or transfer of police officers.
Home ministers of every state of the country have turned down the
recommendation for setting up of a police establishment board for fear of losing
control over the police force.
The monitoring committee was setup by the apex court in July 2008 in the wake of
a three judge Supreme Court judgment in September 2006.