A Reform that Cannot Wait

Context:  The Hathras incident and its aftermath have reminded us of the triad of malaises afflicting law enforcement in India.

Issues with law enforcement in India

• Lack of sensitisation of police personnel: 

• Behavioural malaises: Male police officials often manhandle female media persons and female politician.

• Lack of training:  Less than 7 % of police get in-service training

• The politicisation of the police: It is necessary for the police to stay away from agenda-driven politics since it acts as the custodian of maintenance of law and order.

• Low police-to-people ratio: Inadequate strength of police personnel leads to shoddy policing 

• The Indian police force is at only 77% of its sanctioned strength (source: Common Cause 2019) and has only 144 police personnel for one lakh population. (United Nations recommended: 222)

• One in every five posts sanctioned in the Indian Police Service remains vacant, and one-fourth of the total sanctioned strength is vacant in low and middle-rank posts.  

• Underrepresentation of women:  Women are less than 7% of our total police strength.

The focus of Police reforms:

• Sensitise the police: To bring about attitudinal changes which include training in body language and decency in behaviour especially pertaining to gender and power relations.

• Increase public confidence in police: Public confidence can be improved by upgrading levels of police service delivery and by investigating and acting in cases of police misconduct.

• Enhance police accountability: This will improve police legitimacy and increase public confidence and thus reinforce the integrity of the system. 

• E.g. Police Ombudsman of Northern Ireland, the Danish Independent Police Complaints Authority and the Independent Police Conduct Authority in New Zealand.

• Implement the recommendations of various committees

• Dharma Vira Commission: recommended - 

• Top police leadership should be selected by apolitical representatives and an impartial body 
• Reforms in the criminal justice system and the Separation of law and order from investigation and prosecution have also been highlighted by various committees.

• Other committees include: National Police Commission 1977, Gore Committee, Padmanabhaiah Committee and Malimath Committee.

Conclusion: A new role and new philosophy have to be defined for the police to restore the culture of the rule of law, and make police and justice accessible, effective and credible.