Quis custodiet ipsos custodes and the Rule of Law

Context: In the light of recent police excesses, to achieve a just, humane and mindful society, the need of the hour is not a new law, but the will to implement existing laws.

Rising Police Excesses:

• Out of total 1,723 cases of custodial deaths in 2019, more than 94% were because of torture. – by National Campaign Against Torture (NGO).

Existing institutional setups and laws to check police excesses

• National Police Commission set up by the government in 1977-81 submitted 8 reports.
• The Judgements of Supreme Court in the D K Basu Case, Vineet Narain Case and Prakash Singh Case in 2006.
• Committees include the Ribeiro Committee in 1988, The Pandmanabhaiah Committee of 200.
• Indian Penal Code 1860: contains provisions to ensure seven years of imprisonment to the policemen accused of custodial deaths.

Addressing the Issues: The problem lies in not the absence of laws, but the will to implement the existing ones

• Promote the true concept of Rule of Law: especially amongst the police force to make them understand that everyone is subjected to the protection and wrath of the laws.

• Focus on in-service training: Only 6.4% of the police force had received any in-service training – Common Cause and Lokniti report (2012-16)

• Ensuring annual/biennial training, focusing on human rights and humane behaviour.
• Compulsory psychological counseling, along with this component of in-service training, as an exercise that may prevent excesses by individual personnel.