Bharat Rakshak

FORCING A CHANGE
The suggestions of the new committee on police reform will remain a dead letter unless the states implement them, writes Tarunabh Khaitan


In the name of the law
Policing in India is still organized largely on the basis of a 145-year old colonial legislation. The Police Act was passed in 1861, with the memory of the revolt of 1857 still fresh in British minds. The most defining feature of this legislation is the absolute control of the political authority it establishes over the police. Section 3 of the act declares that superintendence of the police throughout a general police-district shall vest in and be exercised by the state government. The executive magistrate is vested with the power to provide general control and direction to the local police. This was but expected, given the political need to use the police force for the maintenance of the raj. In particular, this ensured that the police response to the rising national movement for independence was dictated by political objectives, and not merely by the need to maintain law and order.

Almost everything ? from the goals of policing to the nature of the state ? has changed in the intervening century-and-a-half. Democracy demands fidelity of the police to the law and the civil liberties enshrined in the Constitution, not to the whims of politicians. Reorganizing the colonial police structure to make it responsive to the needs of a democratic country should have been one of the first tasks of the Constitution-makers and any government of independent India. That did not happen. It was probably because of their misplaced optimism about the political leadership of independent India, that the Constitution-makers imported the entire administrative and police bureaucracy of the raj into democratic India, lock, stock and barrel. Not only that, they also put policing as a subject exclusively in the domain of the state government, with the Centre having no say whatsoever in its operation. This disempowerment of the Central government would later become an excuse for inaction.

To be fair, many state governments, including Kerala, West Bengal, Punjab, Assam, Uttar Pradesh, Maharashtra and Tamil Nadu, did set up police commissions to review the functioning of the police. Most of these were set up in the first two decades after independence, though none of them came up with far-reaching suggestions for structural reforms. Even the recommendations hardly got implemented. The first serious attempt to make structural changes was made by the National Police Commission, set up by the Janata government after the Emergency. This commission did make recommendations which could have gone a long way to transform the face of Indian police. However, before they could be implemented, Indira Gandhi was back in power and used the excuse of the Centre having no power to legislate on matters relating to policing to kill the initiative.

It took another quarter of a century for the government to wake up to the need for reforms which were long overdue. The United Progressive Alliance government set up yet another committee ? which includes the former attorney-general, Soli Sorabjee, members of the academia and representatives of the police organization ? in September 2005 to draft a new legislation. The committee has been granted a time frame of six months to come up with a draft act.

While this initiative is welcome, it will face the same constitutional hurdle that the first commission had to grapple with. The parliament has no power to pass a new police act, unless of course it amends the Constitution itself. In all probability, the committee will come up with a model police act and urge the state legislative assemblies to adopt it individually. How many states? political leadership will be willing to give up the enormous powers it enjoys because of its nexus with the police administration is anybody?s guess.

Assuming there is political will, what shape should a reformed police organization take? The prime minister, Manmohan Singh, has said time and again that security of tenure for senior police officers is a sine qua non for professional independence of the police organization. But more needs to be done to make the organization free of political control and management. The appointment process of senior police officers, including the director general, commissioners and superintendents of police, needs to be made bipartisan. The leader of opposition in the state legislative assembly must have a consultative role in these appointments to make the process impartial. Any removal, suspension or other punitive action against a police officer should be taken only on specific grounds mentioned in the legislation itself, and must be subject to scrutiny by a quasi-judicial body. All transfers and promotions of senior officers must be made with their consent. These and other similar measures may go a long way to ensure that the symbiotic relationship between the police and the politician is divorced.

While organizational independence is necessary for a professional police force, policing in any democracy must also be responsible. This is possible by strengthening the rights of suspects and complainants who have to deal with the police, and making policing more transparent. Accredited human rights NGOs could be given the right to visit and interview detainees in any police station. A state and national level police complaints authority is long overdue. Its membership may include members of the state and national human rights commissions, representatives of human rights NGOs, journalists, lawyers and police officers. Police officers have to be made individually responsible for every illegal arrest, detention, use of torture, illegal deaths and failure to discharge his or her duty. Criminal prosecution must be the norm, not an aberration. Presently, the consent of the state government is required to prosecute a police officer. This must be done away with.

The role played by the Gujarat police during the pogrom of 2002 also brings to attention the social relations of the police force. Special emphasis must be given to adequate representation of vulnerable sections like the religious minorities, Dalits, tribals and women to ensure diversity in the police force. This should be a general policy instead of recruiting these officers for special cells alone. For example, women police officers should be allowed to deal with all cases and not just cases involving women. The details of caste, community and gender-wise break-up of the police force, along with the positions held by them in the police hierarchy, should be made public. An express provision should prohibit the police force generally, and individual officers specifically, from discriminating on any of the grounds mentioned in Article 15 of the Constitution. Complaints of such discrimination may be made to the police complaints authority, which may award compensation or make other remedial orders.

The citizens of India have waited too long for a humane police force which respects rather than violates rights. It is likely that the report of the committee set up by the Central home ministry will become another document of good intentions, unless some states take up leadership roles on the issue. Will ?progressive? Bengal show the way?

Home/Police dept work on the LAWS as passed by Parliament/Assembly.

the FIRST thing one needs to do is to give hima WRITTEN draft of the act he wants to be passed. WhatTH can an MLA/MP do without a draft in Assembly/Parliament?

Time to start a new thread.
Telegraph, 14 Feb., 2006
Link: Forcing a Change

basic education (12th) should be a requirement to be elected to legislature. AND, a 3 month basic law course (in the local language or english) should be attended and _passed_ by the lawmakers who have no legal experience.

Over 75% (guess) MPs are graduate. Many are LLBs. And even an illterate person in India (or anywhere in world) knows basic laws like IPC etc. Educated MPs are as corrupt as illterate. So education etc will NOT improve their law-making abilities.

Also, MPs' job is to

1)present draft to Speaker
2)say YES/NO when Speaker schedules voting on that draft

MP is supposed to do (1) and (2) as per the wish/will of citizens. It is citizens' job to prepare the draft and submit it to MP. As long as citizens have NOT given any draft, MPs is not even required to move a muscle.

About prosecutor's independece :

Making PP (public prosecutors) independent from neta is NOT a bad idea. But how do you make them "dependent" on us commons? If PP is independent of neta, and independent of us commons as well, it will NOT be of any help to us commons. eg judges in India are independent of neta, and also independent of us commons. Are judges any good for us commons? Hell NO. In US, most PPs are DIRECTLY elected by commons, and commons have ways, direct or indirect, to expel the PP. IMO, we should BLINDLY copy these procedures in India and have elected/expellable PPs

Rahul Mehta : ... Educated MPs are as corrupt as illterate. So education etc will NOT improve their law-making abilities.

Hemant Sharma : education is not a sufficient condition for honesty. However an MP/MLA should be able to read and understand the implications of a bill.

Rahul Mehta : Also, MPs' job is to
1)present draft to Speaker
2)say YES/NO when Speaker schedules voting on that draft

MP is supposed to do (1) and (2) as per the wish/will of citizens. It is citizens' job to prepare the draft and submit it to MP. As long as citizens have NOT given any draft, MPs is not even required to move a muscle.

Hemantbhai: this brings us to the crux of the problem. IMHO most of the grave problems in Indian politics arise because the citizens are apathetic. Why did this happen? because historically, Indians kings and nawaabs were nothing but glorified robbers. So people tried to stay out of the way of politics. That attitude remains even today.

It would be good to remember how the present system came to be. The system is virtually unchanged sinc the British days. ...

In the context of "reforming pandudom", we all know that improvements in pandudom will be REQUIRE drafts to be passed in Assembles. Does this require a change in existing law-making procedures? Yes, no may be ... but this discussion is useful only AFTER we have law drafts needed to improve pandudom. Any one got such WRITTEN drafts that MLAs may pass to improve pandudom?

"Why ppl are ignorant" debate is off the thread. IMO, in this thread we shud focus on the 1)problems in pandudom such as bribery, nepotism, atrocity etc
2)drafts of laws which may reduce those problems

We have a bad system not becuz brits created a bad system, but a large number of EXISTING elitemen, professors(*)=intellectuals, Nbjpr etc WANT this bad systems to go on. And professors=intellectuals have brain washed the stidents to such an extent, that concerned citizens are hopelessly misguided. Lets not blame brits for this.

Rahul Mehta: In the context of "reforming pandudom", we all know that improvements in pandudom will be REQUIRE drafts to be passed in Assembles.... Any one got such WRITTEN drafts that MLAs may pass to improve pandudom?

Hemant : you have had such a draft for atleast 5 years. i had warned you long ago that the problem of coding the law is just the beginning.

as i see, the problem is of getting the law passed. a power structure will never pass a law which cuts its interests.

so when will they pass such a law? just like the king passed the magna carta when he had no option - the people had demanded it. he could either pass it or he would risk his life.

if your law has not been passed, it is because people are not aware/interested in it. ...

At the end of the day, if commons want any change, they will HAVE to threaten Nbjprie of murder, or else Nbjprie will not pass it. That is applicable for ALL good changes.

(Btw, Hemant, it looks, no other BRites is very interesting in posting. Lets wait for a while for someone else to post his views/drafts as well.)

-Rahul Mehta

The problem with the Indian political system is that winning an election costs a lot of money and political manupilation. ....
So the way it works is that MP's "cash in" money for the parties from corruption (but also keep some for them selfs). If you do not accept this game, you are out.

The Police should be made compleety independant of Politicians.

... a separate departments should be made, which takes down the FIR's and keep a tap on the law and order situation. When an FIR is logged, it should be this departments job to see that appropriate action is taken.

Rahul Mehta: At the end of the day, if commons want any change, they will HAVE to threaten Nbjprie of murder, or else Nbjprie will not pass it. That is applicable for ALL good changes. (Btw, Hemant, it looks, no other BRites is very interesting in posting. Lets wait for a while for someone else to post his views/drafts as well.)

Hemant Sharma: see? the problem in india is all chiefs no indians. nobody agrees to anything because everyone thinks they are the most intelligent person on the planet. and now the TOI type media has planted it even more into their heads that the world is going crazy because of intelligent and english speaking (!) indians. we lack understanding of "power" and modern world. on top of it we are being pampered because of speaking english. and, we are an emotionally unstable country. first, people have to agree there is a problem. then, define the problem. then, propose, cordially, solutions to the problem. and then solve it. we are not even past the first stage here.

How can I possibly agree to a "solution", unless solution's draft is first posted?

As per my proposed solution to bribery/nepotism in pandudom, I have posted the drafts on

http://www.rahulmehta.com/a_proc_list.pol.htm

-Rahul Mehta

As of today, if pandu refuses to take an FIR, a person can walk to a judge ("seperate dept") and file complaint before him. The judge can order the pandus to take action, and ask them to submit report on action taken periodically. The judge also has power to expel the pandus if he thinks that action is is not taken. There is already a dept called anti-corruption buero which is supposed to set traps to arrest corrupt pandus. The result is zero.

Rahul Mehta :
How can I possibly agree to a "solution", unless solution's draft is first posted? As per my proposed solution to bribery/nepotism in pandudom, I have posted the drafts on

http://www.rahulmehta.com/a_proc_list.pol.htm

Hemantbhai: i would love to provide parallel drafts. however, i hardly understand general law, and definitely don't understand indian law. and at this stage i don't have the time for them either. just maintaing the skills for an IT job and dealing with its politics has become a full time headache.

i think that is your difficulty. you are far ahead of the rest of us. the stuff you are taking is hardly understood by non-lawyers.

Rahul Mehta : As of today, if pandu refuses to take an FIR, a person can walk to a judge ("seperate dept") and file complaint before him. The judge can order the pandus to take action, and ask them to submit report on action taken periodically. The judge also has power to expel the pandus if he thinks that action is is not taken. There is already a dept called anti-corruption buero which is supposed to set traps to arrest corrupt pandus. The result is zero.

Rishirishi : The result is zero, because that is what they wan't.

I lost my bag. Am I supposed to approch a judge????? What is Pandu??

You get the picture. When someone in India gets a government job, he thinks he has got a lifetime guarented income, regardless of preformance.

Start to fire people whom underpreform.

Rahul Bhai,

I saw ur drafts on various issues and am impressed with them.

... when u talk abt the ID system. details of how to implement it is not there. In a nation where from ration card to passports are forged, we need a foolproof system for proper id cards.

coming to police:

Ind haryana, Chautala used to take from 5-7 lakhs for appointment of a constable. and a constable who used to pay such money for the job, used to make sure he recovers that amount in fastest time thru whatever means. similarly, we have frauds in admission procedures of many fields. this crime or forging or leaking papers/results of competitive exams is IMO among the worst crimes possible. as you infect the whole society with bad blood.

I think to make PANDUDOM better we need to:

-make selection process transparent and fair.

-set out transparent appraisal policies, giving more weightage to discipline and effort, than to encounters and flattery. as the latter raises chances of foul play.

-discover(invent) heros within the force, let them become example of no nonsense and no compromise police force.

the solution for all Major problems are always OBVIOUS. but its the OBVIOUS that we people find very hard to do.

Tapasvi: It would be great if you can post your drafts here rahul bhai, as then we can discuss better.

Bravo!

If we are only discussing problems and not the solutions, its wasting time!

I think we should start a grand Solution oriented approach on BRF. This can ignite many pathbreaking ideas!

will read your drafts again to discuss on them.

Here is one reason why India is still in hell hole compared to West : Obsession of concerned citizens on micro-issues, nano-issues and pico-issues, and IGNORE mega-issues.

Mega-issue : SCjs (incl SC-Cj) promote judge Bhayana after he gives seven years to criminal, who is billionaire_cum_neta-putra, to break all witnesses.

pico-issue : I lost my bag.

When it comes to pandudon, I request you to focus on ORGANIZED crimes for the time being. Luggage getting lost is a petty crime, which do NOT wreck the nations. The organized crime, like judge Bhayana getting promotion, is ORGANIZED crime that will wreck the nation.

The pandu did NOT take yr complain becuase babu (Home Secretary) and neta (Home Minister) compile statiistics which gives EQUAL weight to organized crimes like financial frauds and bags getting stolen. And a pandu inspector is WRONGLY rated by number of crimes getting registered in his pandu station. So he does not like to register complains. So blaming the pandu for NOT taking FIR is like cursing a clerk. It is ph1cking neta's (neta like MMk whom you support) who rate officers in mudane ways. And so officers behave in mundane ways.

RM, People can discuss your ideas/solutions. Lead the discussion and dont let it go out of contrrol.

BTW are you a lawyer?

Gurgaon: It may be hailed as the Millennium City, but security (or rather, the lack of it) has always been a major blot on Gurgaon’s face. But not any more. Understaffed and outdated policing is all set to be history here, claim the city police authorities.

Against a requirement of 33 inspectors, 138 sub-inspectors, 399 assistant sub-inspectors, 540 head constables and 1,765 constables, the department only has 13 inspectors, 10 sub-inspectors, 21 assistant sub-inspectors, 60 head constables and 244 constables. This when, they have to manage a mammoth population of about 10 lakh people.

The number of property cases (robbery, dacoity and burglary) registered in Gurgaon is the highest in the state at 3,124. Worse, it is on a steady rise. Between January and March 2005, 143 cases of auto theft were registered in Gurgaon. The corresponding figure for this year is 214. Similarly, while only four cases of robbery were registered last year, 10 cases have already been reported till date this year. Cases of burglary have also increased to 72 as against the 49 registered last year.

Pathbreaking Proposals

Not surprisingly, the project proposes seven new police stations along with 127 gypsies and 103 motor cycles. Two new concepts have also been introduced — the digital radio trunking system and broadband outdoor surveillance system, estimated to cost Rs 7 crore and Rs 1 crore respectively.

A specialised bomb disposal squad equipped with armours, scanners and sniffer dogs is also on the list of demands.

But now, the PCR will be revamped. When someone calls, his/her contact number, time and date of call, name and address will be saved in the computer and a call number will be assigned for future reference. A map of the area of crime will also flash on the computer screen along with the location of the nearest PCR. That PCR will be relayed the details in a fraction of a second. Also, all PCRs will be equipped with adequate weapons and manpower.

If a complainant suspects someone’s involvement in a crime, the latter’s name can also be given. If part of the database, his entire profile will then be flashed. The software will contain the details of all criminals, prisoners and even suspects. The PCR will also have a specialised staff to handle the system. A large number of personnel are already being trained in this regard.

On the other hand, broadband outdoor surveillance will mean upgradation of the security room at the base of every highrise in Gurgaon which will in turn be connected to the main control room. Beat constables, who are barely equipped with a wireless currently will be given relay radios.

CRPF: Crippled, redundant protection farce

Mohit Kandhari/ Jammu

The shocking firing incident, resulting in the killing of three CRPF personnel inside the official residence of Chief Minister Ghulam Nabi Azad late Monday evening, seems to have stirred the conscience of the country's elitist force, already facing shortage of trained officers.

On Tuesday, Director General CRPF JK Sinha, while raising the issue of shortage of trained officers, demanded that it was high time the State Governments got together and started raising fresh battalions, besides modernising their own forces to ease pressure on the central forces.

Talking to reporters at the CRPF headquarters in Bantalab, after holding a series of meetings with senior CRPF officials and jawans of the 4th battalion, JK Sinha said CRPF needs immediate respite from tough deployments. He added that the state governments should also look at improving the infrastructural facilities for CRPF jawans, posted on duty in the State.

Responding to a horde of questions, especially regarding things which bothered CRPF and its jawans, Sinha said, "I admit CRPF is facing a shortage of officers. But I must also tell you that it is upto the Government of India to act now and ask the state governments to raise their own forces to share our burden".

"Our jawans do not feel stressed out due to extreme working conditions and long stay in militancy infested regions. We are meant to fight. Our job involves giving assistance. But at the same time we need respite", he said. "We are aware of the difficulties and our constant endeavour is to improve the working conditions and inter personal relationship between jawans and officers to avoid such incidents in the future", he added.

DG CRPF further said lack of 'buddy culture' in CRPF was responsible for the growing incidents of stress related violence among jawans in the force. He added that it was not due to lack of discipline but due to lack of sensitivity on the part of fellow colleagues that such incidents occurred.

Referring to the ongoing inquiry and the case which took place inside the CM's house, he said, "a 30-year-old jawan Anand Kumar Singh, who killed three CRPF personnel, was one of the best shots of the battalion and was selected for this prestigious duty on the basis of his shooting prowess".

While briefing reporters on the sequence of events that preceded the shooting incident, Sinha said that Anand Kumar Singh had probably misunderstood his seniors. The jawan was prevented from attending his sister's marriage, due at April 12 in Chappra district of Bihar. Added to it his senior colleagues had pointed out that he was not doing his duty properly. He took this to be a severe punishment and acted abnormally.

In the end Sinha said that the matter needed a proper analysis.

From Pioneer, 4 April, 2006

CRPF: Crippled, redundant protection farce

Mohit Kandhari/ Jammu

The shocking firing incident, resulting in the killing of three CRPF personnel inside the official residence of Chief Minister Ghulam Nabi Azad late Monday evening, seems to have stirred the conscience of the country's elitist force, already facing shortage of trained officers.

On Tuesday, Director General CRPF JK Sinha, while raising the issue of shortage of trained officers, demanded that it was high time the State Governments got together and started raising fresh battalions, besides modernising their own forces to ease pressure on the central forces. ...

http://www.tribuneindia.com/2006/20060411/main5.htm

Drunken cops vandalise Golf Range, beat up staff .... Five unidentified persons, claiming to be the top echelon of the Punjab police, accompanied by AK 47 wielding gunmen, went to the Golf Range, run by the Chandigarh Golf Association (CGA), ...

Policing supposedly meant for the common man is being sacrificed to tickle egos of 'khadi clad'. Under pressure from the state government, senior police officers in several UP districts have no option but to withdraw manpower from the 'thanas' to provide security cover to even the local political small-timers.
The state home department has received a number of letters from district police chiefs stating that categorised security is adversely affecting policing as they are badly short of staff and weapons to man their respective jurisdiction - ironically because they have to be deployed to protect the people's representatives.

With the number of police personnel devoted to categorised security swelling by the day, policing has become a big casualty.

So much so that police stations in a number of districts are reportedly having acute shortage of staff.

Till last year the average number of politicians and other VIPs enjoying the categorised security was not more than 30.

But, this year it has jumped to almost 70. A 'Z' category security would require posting of at least 37 policemen besides other relevant infrastructure.

According to a senior police official a large number of non deserving persons have been provided security cover on government expenses.

"There are cases where the district committee has rejected security cover for an individual but with right connections in the corridors of power, security has been sanctioned from the top," said the official.

Let me ask something: how many of the urban class in India will drive without a license and bribe a constable who catches them ?

I throw no stones here, but isn't the bribor as guilty as the bribee ?

Look at weapons: there is no attempt to even maintain the exisiting armoury in operational condition in many States.

Don't expect anyone to play hero if his rifle can't shoot because.

There is also a lack of leadership. Does anyone remember how armed Kolkata police officers with loaded, ready to use revolvers ran away during the American Centre attack while their men were slaughtered ?

As an aside, does anyone have any photographs, anecdotes of antique, weird or simply old weapons in police use ?

Police in India's Bihar state are so short of resources they are using a pack of stray dogs to protect themselves from Maoist rebels.
...
In return for food and their own kitchen, the dogs prowl the premises at night and bark at all intruders.