Police Reforms in India

1
Police Reforms in India

• Babri demolition-Gujarat riots to Nithari

2
Context and Importance

• Police Reforms Bill to amend 1861 Police Act is
  being tabled in the Parliament next session
• Following Prakash Singh v Union of India Case the
  Union of India had appointed a Committee under
  the Chairmanship of Soli Sorabjee to draft a
  Model Police Act for the country-Model Police Act
  was circulated to States
• Deadline for compliance by States was 31st
  Dec2006, Haryana the first state to draft the
  Haryana Police Act/ordinance

3
Focus of SC Directives

• Divided the direction in two parts
• Self-executing reforms and need no administrative
  arrangement as well as financial implications eg
  selection, transfer and postings of DGP and other
  field officers above DySP.
• reforms which need adm/financial arrangements
  such as setting up of State Security
  Commission/police complaints authority/
  separating law and order from investigative
  agencies.

4
Urgency for implementing CHRI 2005 Report on
Police Accountability

• Police should be held accountable within HRs
  framework which is a network of Government/
  agencies/ organizations of people.
• International Bill of Rights/UDHRs/International
  Covenant on Civil and Political
  Rights/International Covenant of Eco-Soc-Cultural
  Rights
• Everyone has the right to life, liberty and
  Security of person, no one shall be subjected to
  arbitrary arrest or detention. No one shall be
  deprived of his liberty except on such grounds
  and in accordance with such procedures as are
  established by law.-Core of good policing such
  as clean/ transparent/due process in
  investigation,interrogation and arrest.Art 9.1of
  International Covenant on Civil and Political
  Rights
• 1991 Harare Commonwealth Declaration-membership
  subject to States abiding to law.
• 2002 Commonwealth Law Ministers Meet-Training
• 2003 Commonwealth Expert Group on Development and
  democracy 2003
• Responds to law for its operations and government
  for its administration.

5
Need for moderation on exclusive right to use
force and secure peace and order

• UN Basic Principles on Use of Force Firearms by
  Law enforcement officials proportionality and
  abuse through corruption
• INTERPOLs Global Standards to Combat Corruption
  in Police Forces/Services Countries to detect
  , hold accountable and bring to justice police
  officers and other employees of police who are
  corrupt.
• UN Convention against Corruption and safeguards
  that promote efficiency and prevent legislative
  corruption
• Academic Institutions /NGOs to report to UN
  Committee/NPCs/Dissapearance Investigation Unit
  eg Sri lankas torture in detention case.

6
Outdated Police Acts
7
Progressive Police Legislation

• Malta Police Act 2004-modern understanding of the
  role of police officers especially trial
  procedures
• 1990 Police Services Act of Ontario Provincial
  Police Canada-sensitivity in a multicultural
  society representative police
• Northern Ireland Act 2003
• Pakistan Police Orders 2002 does not use the
  expression protection of human rights but
  reiterates duties of a police officer under the
  covenant of political and civil rights
• NSW and Queensland

8
Retrogressive Police Reforms

• Malaysia 1967 absolute non-liability for police
  officers
• Uganda 1994
• Sri Lankas order 1977 1988-order to indemnify
  the police officers for any act done in good
  faith.

9
NHRC intervention to end violence and improve
quality of governance

• Babri demolition
• Gujarat-Chamanpura Gulbarga society,Godhra,Naroda
  Patia,Best Bakery in Vadodara, Sadarpura case in
  Mehsana
• Nithari killings
• Need for Central Government to intervene under
  Art 355 of the constitution to protect
  lives/properties of citizens.
• Cases be entrusted to CBI FOR INVESTIGATION

10
Warnings ignored on police reforms

• Observations
• distorted FIRs,extraneous influences, issue of
  transparency and integrity
• Second Report of NPC 1979, Guidelines 1997,
  Justice Mishras recommendations for police
  investigations ignored
• SC Judgement in Vineet Narain 1998, PIL in
  Prakash Singh 1997cases.
• Implementation under Vohra Committee

11
Statutory provisions misused

• Indian Penal Code 1860, chapter VIII OFFENCES
  AGAINST PUBLIC TRANQUILITY(141-160)-PROVOCATION
  TO RIOT,PROMOTING ENIMITY, IMPUTATONS ASSERTIONS
  PREJUDICIAL TO NATIONAL INTEGRATION,RELIGIOUS
  OFFENCES,DEFILING PLACE OF WORSHIP WITH INTENTION
  T INSULT,
• Religious Institutions (prevention misuse) Act
  1988
• Places of Worship ( Special Provisions) Act 1991
• Police Act 1861-Duty of police Officer, section
  23, Regulation of public assemblies and
  processions and licensing of the same.