As the dark clouds of mob violence spread darkness across the nation, the Supreme Court of India asked the Parliament to consider passing a law, so that the pluralistic social fabric of the country stands in the face of horrendous acts of mobocracy.
One of its most important recommendations was that the official websites of the Home Department and Police of the states clearly inform the public that lynching and mob violence of any type shall invite stern consequences under the law.
The police, the SC said, shall register an FIR under section 153 of the IPC and/or other relevant provisions of law, against persons who disseminate irresponsible and volatile messages and videos having content which is expected to incite mob violence of any kind. Failure by the police officer to comply with measures would constitute deliberate negligence, for which appropriate action must be taken against them, not limited to departmental action under service rules.
The increasing lawlessness requires earnest action to protect citizens from the recurrent pattern of violence, which cannot be allowed to become the “new normal”. To ensure this, the first step is reforms in the police system, because they are the ones responsible for enforcing and upholding laws, and ensuring the safety and security of the people. A subject governed by the states, reforms in the working of the police department and the policing system has been the subject of debate for the past thirty years.
The Need For Reforms
The working of the police in India suffers from a colonial hangover with unnecessary political interference. There is a need to transform into a modern system, that is sensitive to the democratic aspirations of the people. In a large and populous country like ours, the police force has to be well equipped in terms of personnel, arms, forensic, communication, and transport. They need operational autonomy and adequate working conditions while being held accountable for poor performance and exploitation of power.
The Concerns:
A number of expert bodies have been set up in the last few years to examine the issues with the organization and the functioning of the police system in India.
Police Accountability: As seen in a number of cases, especially incidents of lynching, the police has misused its power in several ways. There is a need for safeguards, like the accountability of the police to the political executive, internal accountability to senior police officers, and independent police authorities
Insufficient Strength Of Officers: Taking into account the large population, our police personnel are highly insufficient in number. The United Nations recommended that the standard strength should be 222 police per lakh persons, whereas India’s sanctioned strength is 181 police per lakh persons.
Underreporting: In 2016, the conviction rate for crimes recorded under the Indian Penal Code was 47%. The Law Commission has ascertained that one of the reasons behind this is often the poor quality of investigations
Poor Infrastructure: Modern policing requires a strong communication support, modern weapons, and a high scale of mobility.
Public Relations: The police requires the assurance and collaboration of citizens to prevent crime and disorder. A police-public relation is an important concern in effective policing. The Second Administrative Reforms Commission has noted that police-public relations are in a disappointing state because people view the police as dishonest, incompetent, politically partisan and unsympathetic.
In Prakash Singh vs Union of India, in response to a petition filed before the Supreme Court regarding abuse and misuse of police powers, the Supreme Court issued various directions for the centre and states. These included setting up of National Security Commission at the centre, and at the state level a State Security Commission, a Police Complaints Authorities and a Police Establishment Board. The Court suggested that there be a minimum tenure for the DGP and important office bearers. Significantly, it suggested separation of law and order police, from investigating police.
Urgency Of Reforms
India today is making great progress towards becoming an economic and political superpower. It’s pertinent then that the police undergoes urgent reforms. The rise of internet usage, especially on mobile phones, has brought in a new kind of lawlessness and novel forms of global terrorism. Through the internet, fake news spreads even before the police can begin to clarify.
The need then is to strengthen the system at the grass root level and to strengthen the investigative capabilities and emergency response system. The older methods may not suffice and that is why bolder, broader, more collaborative and innovative approaches, with a coordinated and interrelated response, are the need of the hour. It was in this context that the Indian Police Foundation and Institute was set up, so that multiple stakeholders could work together, but this is only a part of the solution.
Way Forward
The police continues to be mistrusted, and is seen as partisan, politicized, and usually not very capable. The problem would have been solved, had the 2013 Lokpal legislation been put in place. The Lokpal would have had the powers to supervise the CBI’s work and ease the load of the court.
While reforms need central and state support along with building the trust of people, change will come when the police itself sets an example, by taking initiatives to bring in reform. It needs to be impartial and professional. A modern police system will come with appropriate skill building and a nationwide campaign, keeping in mind the difficult conditions under which our police functions
For India, which is aspiring to be a world power, mob violence and lawlessness can be serious impediments, especially given the obsolete and anachronistic ways if the Indian police. Police reforms would go a long way in testifying that a lawful society is a prerequisite for the other institutions and services to operate for India, to find its place in the world order.