Culture The Khaki

With the rot in the system becoming difficult to hide, the government decided to set up a high-level committee in November 2005 to draft a new Police Act that would replace the current archaic one. In the last one month, the panel has been working at overtime to meet its April deadline. Though the move to bring changes is seen as a step in the right direction, legal experts and law enforcers this time hope for implementation of a workable act, not just drafting it. The stated aim of the eight-member committee, headed by former attorney general Soli Sorabjee, is to "empower the police, but also make them more accountable and humane—in keeping with the expectations of the people in a modern democratic society."

So what are the changes the committee is considering? Here are a few key ones:

• Set up a system that insulates the police force from political interference and other external pressures.
  
• Define the work of the force and categorise it into three wings. One looking at investigations, the other two looking at law and order and intelligence separately. Giving multiple tasking does not help.
  
• Form an independent panel under a retired judge to look into transfers, postings.
  
• Improve the morale of the constabulary and make them gender-sensitive and sympathetic to weaker sections.
  
• Provide the force specialised training to handle cyber crimes and use technology, making it relevant to modern times.

Sorabjee told Outlook that there were several problem areas that were being examined. "The main issue is to insulate the police from external influence, particularly political pressures. A system needs to be developed to ensure independence of the police force, whereby no one has to take orders from politicians or the rich and the influential. Also, they should be in a position to report instances on external influence or pressure." This, many feel, can only be done by making transfers and promotions of personnel independent of the police. There are many ways of doing it. According to Sorabjee, it could be done by forming a board headed by a retired judge deciding on postings and promotions.

Former governor and retired Delhi police commissioner Ved Marwah points out that the police in several states is working as armed militia of the party in power. Having been governor of four sensitive states—Bihar, Jharkhand, Manipur and Mizoram—Marwah is somewhat cynical of government’s efforts in bringing about police reforms. "Police reforms only in the Indian Police Act will serve no purpose. To bring about any substantial change, one has to reform the criminal justice system." Much of the cynicism stems from a pile of reports and recommendations that are waiting to be implemented. The National Police Commission, headed by late high court judge Dharam Vira, had gone into the entire system in detail and come out with eight reports between 1978 and 1981. It addressed the very issues that the present committee is looking into.

Perhaps, since the National Police Commission was set up soon after the Emergency, it got mired in controversy, and the reports were left to gather dust after they were released. It’s another matter that Pakistan borrowed heavily from the recommendations in rewriting its own Police Act. There were other high-profile panels that looked into police reforms. One in 1998 was headed by former Punjab DGP Julio F. Ribeiro, another by former home secretary K. Padmanabhaiah in 2000.

Coming back to the basics, the biggest problem with the existing police system is that people who should be afraid of the police are not, and those who should trust them, do not. Marwah says this situation had come about since some police officials think it’s profitable joining hands with the law-breakers than booking them. What came out in the Jessica Lall case is virtually the norm. "The criminal-police-politician nexus is so strong that a law-abiding citizen has no chance of getting justice," says Marwah. "The new Police Act has to address this basic malaise."

According to Padmanabhaiah, the most important change required in the Police Act is to clearly define the role of the police. "At present, the police is too generalised, called in for things ranging from murder to electricity theft to controlling riots and checking violations of wildlife and environment laws. If one looks at the tasks that require policing, they too have gone up. From maintaining law and order, to crime prevention, investigation, intelligence, economic offences, cyber crimes, organised crime, terrorism and extremism—the list is growing. Thus, the need for specialisation."

This is a priority area for the present committee. Padmanabhaiah had suggested that a policeman, for the first eight years, must be rotated and tasked different duties. Depending upon his aptitude, he should then be put in a wing that suits him best. Sorabjee says the committee he heads is finding ways of separating these duties. According to him, it is impossible for an investigating officer to do justice to a big murder case he may be handling, along with other petty crimes. This, when at the same time he is responsible for maintaining law and order, controlling riots, and also presenting his case professionally for prosecution.

Very clearly, reforms in the police have to start from the bottom, that is, the constabulary that comprises 87 per cent of the police force. With no uniform recruitment policy, the only eligibility required to become a constable is a matriculation certificate. The majority of the police force is only semi-literate with absolutely no training in human rights. There is also complete lack of pride in their work, self-esteem among policemen is low. Points out Marwah: "We must abolish the system of using constables as orderlies, and introduce welfare measures for them in terms of better salary and housing facilities." Sorabjee says this is high on the agenda, as is making the constabulary more humane. "We are in touch with various NGOs, and also going through previous reports. We are interacting with police in different states, getting feedback. We are also in touch with organisations like the Commonwealth Human Rights Initiative."

However, Sorabjee too is a little sceptical about the implementation of the report. Law and order being a state subject, he says, the Centre will have to persuade various state governments to adopt the new Police Act. The Union home ministry says it cannot shelve things any longer and that changes are on the way. The big question is can the UPA government push the act through? Or will this also hit yet another barricade?