Police Reforms

  • According to Article 246 of the Indian Constitution, ‘Police’ comes on the State List of the Seventh Schedule, and it is beyond the jurisdiction of the respective State Governments to make laws governing the police in their State. However. The NCT of Delhi, under Article 239 AA, has been given a special status, which gives powers of law-making and administration to an elected legislature and the council of ministers. The law, however, puts two subjects — public order and police — directly under the Union government.
  • Recently India’s one of the top police forces also known as Scotland yard police that is the Mumbai Police. which have been in the news for many reasons which the whole nation  knows this clearly puts an emotion of fear in the minds of people and distrust grows which is not a good situation for a Mumbai the Financial capital of India.
  • In  Tukaram v State of Maharashtra a tribal woman was raped in police custody this case turned many heads as the session judge scot free the accused then the Bombay High court quashed the acquittal, later when challenged in Supreme court acquitted both the accused stating that this alleged intercourse was a “peaceful affair”. The question arises if there would have been cameras all around the police station wouldn’t the decision be different .
  • In latest of custodial death is of Tamil Nadu which got attention all over India. The trial in the alleged custodial killings of P Jeyaraj and his son, J Bennicks, began on Feb 18 2021 at a district court in Tamil Nadu’s Madurai even as their family has sought speedy justice. The two were picked up in June for allegedly keeping their mobile shop open beyond Covid-19 induced lockdown timings and tortured in custody.
  • One of the infamous judgements regarding to Police reforms is the in D.K.Basu vs. State of West Bengal (1997)  has laid down 11 specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person.
  • Prakash Singh and Ors. v. Union of India & Ors., (2006) is a highly talked about judgement but sadly remains to be on paper and not implemented fully even after so many years . The seven main directives from the Supreme Court in the verdict were fixing the tenure and selection of the DGP to avoid situations where officers about to retire in a few months are given the post.
  •  In order to ensure no political interference, a minimum tenure was sought for the Inspector General of Police so that they are not transferred mid-term by politicians. The SC further directed postings of officers being done by Police Establishment Boards (PEB) comprising police officers and senior bureaucrats to insulate powers of postings and transfers from political leaders.
  • Further, there was a recommendation of setting up State Police Complaints Authority (SPCA) to give a platform where common people aggrieved by police action could approach.
  •  Apart from this, the SC directed separation of investigation and law and order functions to better improve policing, setting up of State Security Commissions (SSC) that would have members from civil society and forming a National Security Commission.
  • On a ending note I believe  An under-resourced, overburdened police force means that both core police activities (enforcing daily law and order) and more long-term criminal investigations are compromised.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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