JAMIA MILLIA ISLAMIA

FACULTY OF LAW
NEW DELHI

POLICE REFORM

Submitted by: Submitted to:

Pranav Shrivastava Dr.C.A Rasheed

B.A.LL.B Assistant Professor

V SEM JAMIA MILLIA ISLAMIA

20178932
Table of Content

I. Introduction
II. Stastitics
III. Hierarchy
IV. Challenge
V. Solution/ step
The Police are not here to create disorder , they’re here to preserve disorder

Richard J.Daley

As we all know that state will always pretend to be a biggest protector of

human rights for every citizen and also law made by state should binding on
all of us , Basically in the concept of modern democracy state pull the consent
of every individual in the society by way of election that would make state
legitimate and for this legitimacy state promise to create a platform where it
regulate rights and obligation of every individual which make smooth
functioning of social order. For this state need various machinery to drain
plethora of grievnance in society ,these machinery act as a conventional
weighting machine which always trying to make balance in right and duties of
every individual. Montesquieo said that there is nothing good or bad in the
society it’s all depend on social and political condition create by state ,social
and political condition completely depend upon conduct of state towards the
society and echo emanating from the governance of state.

Human rights is only enjoy in the farm of peace

Police, body of officers representing the civil authority of government.

Police typically are responsible for maintaining public order and safety,
enforcing the law and preventing, detecting, and investigating criminal
 activities. These functions are known as policing. Police are often also
1
entrusted with various licensing and regulatory activities

 Enforcement of Law
 Protection of Possession
 Regulation of law and order
 Security and internal matter
 Investigation
 Maintaining Peace

When we are talking about concept of police and their role in their
role in the society just take an illustration when we are going to watch
cricket match at cricket stadium , what kind of echo we are
generally seen the enthusiasm of fan vandalise all rules and endorse
behaviour which have no limits . who is controlling all of this Police
from cricket match to election and checking at railway station
Police force is always there to establish proper functioning of every
machinery.
Democracy will always find is stay at the mansion of rule of law

There is universal principle that every machinery must need regular

repairmen that it will again work smoothly,but we still using colonial

1
Grijesh shukla (CRIMINOLOGY , Lexis Nexis New Delhi , 2003) 1 st edn
 police system which was made mainly for the subjugation of Indians
and dismantling liberty of indian.
Crime per lakh person increased by 28% from 2005 to 2015
India ratio of 138 police personal per lakh of population fifth lowest
among 71 countries
State police force had 24% vacancies
86% Police forces constitute of constabulary

Overview of Crime in India:

2005 2015

National Crime Records Bureau recorded over 73

Theft 25 37 lakh complaints of cognizable crimes.  Cognizable
Gambling 10 17 crimes are relatively serious offences for which
police officers do not need a warrant from the
Kidnapping 2 7
magistrate to investigate, such as murder and
Murder 6 6 rape.  Between 2005 and 2015, crime rate (i.e.,
Rape 3 6 crime per lakh population) for cognizable crimes
has increased by 28% from 456 complaints per
Cheating 5 9 lakh persons to 582 per lakh persons.  This has
Cruelty 7 11 been primarily because of increase in crime rates
of alcohol-prohibition crime, theft, kidnapping
(Per Lakh population) and abduction, crimes against women and
cheating

Hierarchy of State Police:

State police forces generally have two arms : civil and armed police .
A police district is an area declared so by the state government.  It is
considered the most important supervisory and functional unit of police
administration because the officer in charge of the district (i.e. Superintendent
of Police or SP) has operational independence in matters relating to internal
management of the force and carrying out of law and order duties. 7 

A police station (typically headed by an Inspector or Sub-Inspector) is the basic

unit of police functioning.  It is engaged with: (i) registration of crimes, (ii) local
patrolling, (iii) investigations, (iv) handling of various law and order situations
(e.g., demonstrations and strikes), (v) intelligence collection, and (vi) ensuring
safety and security in its jurisdiction.  A police station may have several police
outposts for patrolling and surveillance.  Generally, the state government in
consultation with the head of the state police force (i.e. Director General of
Police or DGP) may create as many police stations with police outposts in a
district as necessary, in line with the population of the district, the area, the
crime situation and the work load.
2

Challenge

Problem arise when facility provided to the policemen are as reasonable than
compare with any government employee , recently there was a case in Tamil
Nadu a police personal appeal in court that police personal even not get a
single day leave even on Sunday it’s clearly show that it erode principle of
workmen rights. Due to this problem some of criminologist claim that this
might inject character of deviance into them where they morally don’t know
their obligation.

Human rights perspective

The most straightforward standpoint is the human-rights view, the main

concern of which is the protection of internationally recognized human rights,
usually emphasising freedom from torture, mistreatment and threats to life.
Held by international and national nongovernmental organizations, this
perspective uses the language of ‘reform’ and ‘police conduct’. 6 Its hallmarks
are the purging of human-rights violators from military and police ranks, the
revamping of police doctrines and training to emphasise human-rights
2
Navin kumar ,Criminal Psychology (Lexis nexis , New Delhi ,2 nd Edn, 2018)
standards, and the establishment of internal and (especially) external
mechanisms for accountability.

Peace Keeping Perspective

Much of the literature familiar to peacebuilding scholars falls within this

category, focusing almost exclusively on reform in post-conflict settings.
Although the literature exhibits some heterogeneity, its main concern is with
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ensuring order in the years immediately following the termination of war, and
especially with preventing a reversion to conflict. Certain authors who address
police reform in post-war settings give particular emphasis to limiting the role
of foreign military troops, viewing policing and police reform chiefly as the
means to alleviate public security burdens and physical risk and other costs
associated with deploying peacekeeping .7 The terminology can be of police
‘restructuring’ and ‘reorganization’, offering a more technical and less intrusive
connotation. There is a greater focus on the interests and experiences of
international actors, rather than on the performance, effectiveness and
conduct of, and popular support for, national/local police organizations. In
addition, police reforms are often seen as a means to prevent future conflict by
integrating formerly exc l u d e d groups into policing structures, chiefly to
provide security guarantees to former combatants who are demobilizingPeace
keeping perspective.

Step to fill the gap.

The need for police reforms in India is long recognised. There has been almost
three decades of discussion by government created committees and
commissions. Way back in 1979 the National Police Commission (NPC) was set
3
PRS/Anvita Chaturvedi “ Police Reforms in India” 3-10(2017)
up to report on policing and give recommendations for reform. The
Commission produced eight reports, dozens of topic specific recommendations
and also a Model Police Act. None of the major recommendations were
adopted by any government. This persuaded two former Director General’s of
Police (DGPs) in 1996 to file a Public Interest Litigation (PIL) in the Supreme
Court asking the Court to direct governments to implement the NPC
recommendations. In the course of the 10 year long case, in 1998 the Court set
up the Ribeiro Committee which handed in its reports in 1999. This was
followed by the Padmanabhaiah Committee report in 2000 and eventually the
Police Act Drafting Committee (PADC or Soli Sorabjee Committee) that drafted
a new model police bill to replace the colonial 1861 Police Act. Meanwhile very
little was ever done on the ground to improve policing or implement
recommendations put forth by any of these committees or commissions. It was
only a decade later in 2006 that the Court delivered its verdict. In what is
popularly referred to as the Prakash Singh case the Supreme Court ordered
that reform must take place. The states and union territories were directed to
comply with seven binding directives that would kick start reform. These
directives pulled together the various strands of improvement generated since
1979. The Court required immediate implementation of its orders either
through executive orders or new police legislation. Initially, the Court itself
monitored compliance of all States and Union Territories. However, in 2008 it
set up a three member Monitoring Committee with a two year mandate to
examine compliance state by state and report back to it periodically.

7 Directive

One.
Constitute a State Security Commission (SSC) to:

(i) Ensure that the state government does not exercise unwarranted
influence or pressure on the police
(ii) (ii) Lay down broad policy guideline and (iii) Evaluate the performance
of the state police

Two.

Ensure that the DGP is appointed through merit based transparent process
and secure a minimum tenure of two years.

Three.

Ensure that other police officers on operational duties (including

Superintendents of Police in-charge of a district and Station House Officers in-
charge of a police station) are also provided a minimum tenure of two years

Four

. Separate the investigation and law and order functions of the police

Five.

Set up a Police Establishment Board (PEB) to decide transfers, postings,

promotions and other service related matters of police officers of and below
the rank of Deputy Superintendent of Police and make recommendations on
postings and transfers above the rank of Deputy Superintendent of Police.

Six.

Set up a Police Complaints Authority (PCA) at state level to inquire into public
complaints against police officers of and above the rank of Deputy
Superintendent of Police in cases of serious misconduct, including custodial
death, grievous hurt, or rape in police custody and at district levels to inquire
into public complaints against the police personnel below the rank of Deputy
Superintendent of Police in cases of serious misconduct.

Seven.

Set up a National Security Commission (NSC) at the union level to prepare a

panel for selection and placement of Chiefs of the Central Police Organisations
(CPO) with a minimum tenure of two years.

Bibliography
Books.
  Navin kumar ,Criminal Psychology (Lexis nexis , New Delhi ,2 nd Edn, 2018)
 Grijesh shukla (CRIMINOLOGY , Lexis Nexis New Delhi , 2003) 1 st edn

Report.

 PRS/Anvita Chaturvedi “ Police Reforms in India” 3-10(2017)