Indian Police System

[tandav]

Just Like the Judiciary there is much to be done to improve the Indian Police system. Currently Police reports the to CM of each state and Commissioner and Police reform is one of the most urgent needs of the nation. Police have to be completely independent to the Executive and accountable to the public. Today Indian police is political in nature and not professional in nature. It is critical police is made independent and directly accountable to the public. It’s no coincidence that every major reform proposal — from the Prakash Singh directives to the Second Administrative Reforms Commission — identifies political insulation of police as the single most urgent democratic safeguard. When citizens fear retaliation for exposing abuse, it erodes:

Rule of law → replaced by fear of power.
Public accountability → wrongdoing stays hidden.
Institutional legitimacy → people stop trusting police or courts.

https://www.newindianexpress.com/nation ... ultant-fee

The incident above confirms a disturbing trend that if you raise difficult questions against powerful people you are liable to be killed/maimed/ arrested. I do not think Rohit Arya deserved to die this way. And we all know that the truth will never come out. This incident shows is that if you do work in the public domain and upset the political economy, you will pay with your life/limb/freedon if you push your luck.

I want this thread to highlight policy initiatives to improve the accountablity, efficiency, competence and integrity of perhaps the most visible arm of the Indian state to the Public.

[Sachin]

I do not think Rohit Arya deserved to die this way.

From the report you shared, the politicians have admitted that government did owe money to Arya. But it is also a fact that he held small children as hostages. In such a situation, the police will have to take steps which has to be immediate. The police cannot pool in money and ask Arya to take it and release the kids. It was Rohit Arya who decided to take children hostages hoping that government would capitulate and give him his dues. But the police (as the law enforcers) did what they thought was best to diffuse the situation.

Police have to be completely independent to the Executive and accountable to the public.

Law enforcement is a state subject (in State List), and so political oversight needs to be there. In US, the police is more localized. That is; in a town the Police Chief gets appointed by the Mayor, while in counties Sheriffs are elected through voting. Police men and & Sheriff's deputies are appointed by the Town Police Chief & Sheriff. And then they have state troopers who are appointed by the state level politicians. Can some thing similar be tried out in India? And will it make any difference?

This is from my observation of police and politicians for the last 20+ years. Both these groups come from the existing society only. And if the society itself is corrupt, not very keen on following the laws or any organised system; the police and politicians are not going to be any good. A police constable in India only needs the minimum level of education (10th Pass). He usually joins the force after the age of 18. Till then he is part of the same Indian society. What ever bad or good aspects of the society is now already in him. Then he undergoes a 9 month training. That is to physically make him better, and teach him the laws needed for him to function. There is no scheme to do a complete make over of a police recruit to the "ideal policeman" which people want. And again each person's criteria for an "ideal policeman" will also be different.

Policing in India is also now becoming more stressful and people also expecting instant justice.
Many Kerala police officers apply for voluntary retirement amid rising stress.
‘System doesn't consider us humans’: The increasing suicides among Kerala police officers.
Why policemen kill themselves

[tandav]

I do not think Rohit Arya deserved to die this way.

From the report you shared, the politicians have admitted that government did owe money to Arya. But it is also a fact that he held small children as hostages. In such a situation, the police will have to take steps which has to be immediate.
---lots snipped

Policing in India is also now becoming more stressful and people also expecting instant justice.
Many Kerala police officers apply for voluntary retirement amid rising stress.
‘System doesn't consider us humans’: The increasing suicides among Kerala police officers.
Why policemen kill themselves

I agree: in general the job of the Police in India is very stressful, working conditions often inhumane. The main issue seems to be the low number of police to the population that increases the stress to an individual police officer.
The terrible working conditions, political patronage mostly to funnel hafta up the political value chain which breeds a lack of empathy over the citizens.

In terms of improvements what are low hanging fruit. Is there any good reasons why the Police should report to the CM rather than more directly to citizen (what should be the accountability architecture). My main concern is the first past the post election system in India. A typical MLA in India is voted into power by the vote ~ 20% of the population of a constituency. In general the MLA in India redistributes taxpayer money / government jobs (including police jobs, government teacher jobs, municipal worker jobs etc) / mineral wealth resources to his vote bank mostly at the expense of the other 80%. Needless to say this elected MLA is in general is thrown out next cycle and the new winner redistributes wealth to some other new vote bank. Basically this system rewards creating rifts in society by creating such division.

In India we have no easy way to hold taxpayer paid salaried government servants such as police, judges, municipal engineers, PWD workers, Teachers, Government Medical Doctors and Nurses accountable to the public. I want to explore what processes can be put in place and what are global best practices

[Sachin]

In terms of improvements what are low hanging fruit. Is there any good reasons why the Police should report to the CM rather than more directly to citizen (what should be the accountability architecture).

The police neccessarily does not report to the CM. In many states there is a Home Minister (HM), and Police, Prisons, Excise kind of departments all report to the HM. And since HM ministerial post is very crucial, either the CM will take that portfolio himself or he gives it to his most trusted side kick. If the police is to report to the citizen, how are those citizen's decided? Ultimately it has to be a chosen set of citizens. That is practically what happens during an election/voting. Secondly, even if there is this group of citizens (separate from political hierarchy), the possibility of them forming a cabal and trying to misuse the police is also a possibility. And if not controlled, then these citizen groups can be very similar to the higher judiciary in India. Accountable to no one. The US system having town level police units, sheriffs and state troopers can be tried out. But in such a scheme poor towns (i.e. less tax paying citizens) will not have a police unit, and in districts which has very high party dominance chances of the elected Sheriff being a politican from that party is also a possibility.

[pravula]

The US system having town level police units, sheriffs and state troopers can be tried out. But in such a scheme poor towns (i.e. less tax paying citizens) will not have a police unit, and in districts which has very high party dominance chances of the elected Sheriff being a politican from that party is also a possibility.

IIRC, these smaller cities/towns get into agreements with bigger neighbouring towns/cities and pay them for these services. If not a local town, then the county. Also, there are state level cops who also can/will intervene. This is how most universities have their own police departments with full legal powers, but essentially university employees.

[Sachin]

IIRC, these smaller cities/towns get into agreements with bigger neighbouring towns/cities and pay them for these services. If not a local town, then the county. Also, there are state level cops who also can/will intervene.

Yes. But ultimately it is all about citizens paying tax & getting more localised help. A town if its wants to have a police force of its own, it has to get funds from the tax paid by residents of that locality. Same goes for the Fire Departments. A town wants a Police or Fire Department, make sure that citizens in the town pay local taxes, and with that tax amount a police or fire department can be maintained. If that is not possible, then work out an arrangement with the county sheriff & co. State Troopers/Police are actually very thinned out and that is why they usually focus on highways etc. In India, entire police is recruited, trained, funded and posted by respective States. The priorities naturally would be based on how the state level government wants.

[pravula]

IIRC, these smaller cities/towns get into agreements with bigger neighbouring towns/cities and pay them for these services. If not a local town, then the county. Also, there are state level cops who also can/will intervene.

Yes. But ultimately it is all about citizens paying tax & getting more localised help. A town if its wants to have a police force of its own, it has to get funds from the tax paid by residents of that locality. Same goes for the Fire Departments. A town wants a Police or Fire Department, make sure that citizens in the town pay local taxes, and with that tax amount a police or fire department can be maintained. If that is not possible, then work out an arrangement with the county sheriff & co. State Troopers/Police are actually very thinned out and that is why they usually focus on highways etc. In India, entire police is recruited, trained, funded and posted by respective States. The priorities naturally would be based on how the state level government wants.

Agree with the gist. The difference is, towns have an option in US, while none exists in India. Can Mumbai or B'lore have its own municipal police? It has to be IPS right? I understand that this "option" brings in its own issues, like consolidation of power and potential abuse. Unfortunately our polity is not mature enough yet to devolve power/decisions to town level imho.

[Sachin]

The difference is, towns have an option in US, while none exists in India. Can Mumbai or B'lore have its own municipal police? It has to be IPS right?

Yes. At present there are no options for towns or cities in India to have their own police unit for fire brigade. More than IPS, it is the Constituition of India which states that Law & Order is primarily a state subject. And so all these departments exist at a state level. IPS is just one group of officer cadre*, where recruitment & training is done by the Union government and then officers get posted to state specific cadres. They also lead police forces/CAPFs which are all India level forces. The states (or state governmments) do not want to dilute their power by making legislation to empower towns and cities to have their own police units.

The police officials in towns & cities in US have another advantage. They remain with the same police force, unless they resign and go elsewhere or gets fired. The unseen benefit of that is, the police officials can also have their families with them and take care of them. Where as in India, police officers can be transferred to any police station any where in the state. Frequent transfers is one way to have a political grip on police officers. A main cause of stress among policemen is their lack of family time, and at times the need to run two households (of self, and the family living elsewhere).

* My personal take; the contribution of IPS officers in leading investigations and actually improving conviction rates are minimal. They join directly at supervisory ranks. The grunt job is often done by the Sub Inspectors, and may be upto the level of Inspectors & Dy. SPs. The actual cutting edge of the police force is the Sub Inspector. It is these groups of officers who actually do investigations, gather evidence and even stand up in court as witnesses. So if IPS selection is done from capable officers from the State Police it may actually add more value.