The present Government enjoys an overwhelming mandate of the people and has successfully rolled out the GST. It is expected that it will show the same political will to bring the much-needed police reforms
In the first war of independence, which began from Meerut on May 10, 1857, the Hindus, the Muslims, the Sikhs and all other brave sons and daughters of India fought together to drive away the British from the country. Hundreds of men and women were tortured, humiliated and killed during this struggle. After this war, the Police Act 1861 was legislated by the British. It was done with an aim to deal and crush dissent, uprisings, and any movement for freedom. The Act still continues to exist in most States. Others, who do not follow, feel that the Act does not identify with the democratic values which were expected to be followed after independence. They now perceive it as an instrument in the hands of the political elite, instead as an organisation that should ensure peace and stability for the people of this country.
Political leaders, mostly the Opposition, during Emergency, felt that the Congress Government at the Centre was blatantly using police force against them. After the general election, the Congress was defeated and the Janata Party formed the Government at the Centre for the first time in 1977. This Government felt the need to bring police reforms so that it is not misused as was done during the time of Emergency, of which they were the victims.
For this purpose, they appointed the National Police Commission (NPC) in 1977. The commission had wider consultations with the police forces, the central paramilitary forces and various other important bodies, keeping in mind the importance of the matter and to do justice with the exercise which would have significant impact on the system of governance.
The commission submitted its eighth report between February 1979 and May 1981, suggesting far-reaching reforms in the police force. The Janata Party lost the mid-term election in 1980 and the Congress won and came to power. This development came as a major setback for the NPC, which almost became like an abandoned child. Major recommendations of the NPC remained unimplemented and the body faced strong resistance from politicians and bureaucrats.
Indrajit Gupta, the then Union Minister for Home Affairs in the United Front Government, exhorted the Chief Ministers, in a letter, to rise above narrow, partisan and political considerations to implement the recommendations of the NPC. However, situations remained the same on the ground .
After a long wait, Prakash Singh, an Indian Police Service officer, filed a petition in the Supreme Court, seeking directions for the implementation of the recommendations of the NPC. In response, the apex court, in its judgement dated September 22, 2006, issued the following directions: (i) It asked the State Governments to constitute a State security commission (ii) Selection of Director General of Police from three senior most officers empanelled by the Union Public Service Commission (iii) Minimum two years tenure for Inspector General, Deputy Inspector General, Superintendent of Police and Station House Officer (iv) Investigation work must be separated from law and order (v) Police establishment board will decide transfers, postings, promotions etc (vi) Police complaints authority at district and State level (vii) Setting up of a national security commission
The recommendations of the NPC were also examined by various commissions. The committee under former Attorney General Soli Sorabjee also prepared a draft outline for a new Police Act and submitted a draft on September 9, 2006 . However no substantial progress was made. Even after contempt petition filed by Prakash Singh on August 23, 2007, situations remained the same.
It is, hence, clear that there has been no serious effort on the part of the Government to bring these reforms. These reforms, which are going to change system of the governance in a substantial way, cannot come into effect without strong political will. The implementation of the Goods and Services Tax is an example. The Government at the Centre was committed and determined to implement this new system of taxation. It was due to their constant and consistent efforts that they persuaded all political parties for its implementation by sincerely addressing their concerns. Therefore, unless
police reforms become a political priority and unless the Government has the political will they cannot be implemented. There is also a need to look at the essence and spirit of the recommendations of the NPC instead of reading them literally. It will perhaps be easier to build consensus around such objectives. These aspects can be broadly summarised as follows:
On the above aspects and any other aspect considered relevant, there is a need to build consensus at the bureaucratic and political level, keeping in view the recommendations of the NPC and also of various commissions and committees, which have studied these aspects in great details.
After consensus, a road-map needs to be prepared to achieve the objective of police reforms. Recently, 114 Army veterans wrote to the Prime Minister and Chief Ministers too, expressing concern about violence in the society. Similarly, this aspect also can be taken up by police veterans collectively so that it gets the political attention it deserves. They should also associate eminent jurists, advocates, authors, corporate leaders, political leaders etc, so that it becomes a political priority. The police is the most important segment of our social set up and it is necessary that they are provided the right kind of environment so that they can rise to the expectations of the people.
While discussing the above, the objective is not to blame any Government as it is a part of history now and no purpose will be served by doing so. It is also not aimed to discuss any particular reform recommended by the NPC and suggestion of various commissions and committees with regard to their merits and demerits. The recommendations have been deliberated upon extensively and are on record. The main issue is whether reforms are required, and if so, how to bring the whole aspect in to the focus of the present Government. The present Government witnessed an overwhelming mandate of the people. It is, therefore, expected that they will bring the reforms soon.
(The writer is former Inspector General, Central Reserve Police Force)