It is a sad fact that the British, when they introduced the famous Peel’s New Police for England thought it fit not to introduce the same in this country. They wanted a Police, which will be anti-people and pro-imperialist in out look and organised and structured the same in India in such a way that it remained reactionary and anti-people. The Police Act of 1961, under which the police function even today, provide them with a negative role, basically that of ‘establishment protection’.

Freedom from the British rule did not alter the situation any better. Former law breakers became law givers and they knew the awesome power of police to extract obedience from the people and were content to exploit police for political ends. Politician-Criminal-Police nexus became a reality to seize and control political power and to keep the have-nots in subjugation. Whenever protests were made, they were put down ruthlessly under the garb of maintenance of order. As people became more and more aware of their rights and demanded the same, the threatened political elite gave more and more powers to Police to put down such defiance. Human Rights became a casualty.

Added to this, a sluggish Judiciary, due to enormous delays in courts and with its nexus with unscrupulous lawyers, made people lose faith in the majesty of Law and the Rule of Law became a fashionable talking point in Academic circles.

In this country of lack of unanimity on any national issue, everyone agrees that all is not well with the police and police reforms are to be initiated without further delay. The recommendations of Police Commission of 1977, which are by no means revolutionary, are gathering dust and even the Public Interest Litigations have failed to make the sluggish government to act. Police Reforms should be taken as an all Party National issue and the Prime Minister should convene an All India Conference of Chief Ministers, Political Parties, eminent Jurists, Academicians and former Police Officers and the agenda should be the recommendations of the National Police Commission of 1977. Happily, the members of the National Police Commission of 1977 are still with us and they should be invited to explain to the conference the rationale of their recommendations.

The conference should also decide on some of the basic issues namely: (a) Definition of the Role of Police in India; (b) Repeal of Police Act of 1861 to give primacy to the citizen and not to the State; (c) Police Accountability; (d) New Command and Control Structure for better performance, (e) Demilitarisation of Police; (f) Decentralisation of Police and peoples involvement in setting Police Goals and Priorities; and (g) Steps to improve the quality of Police personnel and bringing about an attitudinal change in them.

The role of Police in India should be to protect the lives and properties of the citizens and to enable them to enjoy all the Fundamental Rights guaranteed by the Constitution of India. In this task, they shall be solely guided by the Law and they shall not carry out any orders or instructions which run counter to this.

The Police Act of 1861 should be repealed and replaced by a new Act. The Police Commission of 1977 has suggested the Draft of the New Act, which could be the starting point for consideration of new measures. In the new Act, supremacy of the Rule of Law should be clearly spelt out and Police should be guided by the law of the land only and they shall have the legal option to disregard all instructions running contrary to Law. The administration and superintendence of the Police Force should remain exclusively under Professional Police Supervisors. It should be made clear in the new Act, that the Police exist for the Service of the Citizens. The Ethos of the Police Force should be shifted from ‘Enforcement’ to ‘Enablement’. Police should play an active role in the implementation of the Social Legislations. The endeavour should be to make the Police man a Social worker in Uniform.

As the primary law enforcement agency, the Police should be accountable to Law. Police Functions can be broadly divided into three areas: (1) Prevention and Detection of Crime : an area which is exclusively controlled by the Law of the land. In this area, police should be accountable to Law Courts only. (2) Maintenance of Order, Traffic Regulation and other regulatory functions : in this area Police should be answerable to legislature through the State Security Commission suggested by the National Police Commission of 1977; and (3) Implementation of Social Legislation : in this area, Police should be accountable to Statutory bodies created for the purpose. It is necessary to ‘de-criminalise’ many of the social legislation for effective implementation. In these three areas Police should work in distinct wings, without mixing their roles.

The Crime Police, entrusted with the task of prevention and detection of Crime, should be controlled and directed by a District Judge. From the time the FIR is issued, day to day investigation and their legality should be monitored by designated Judicial Officers. This is on the analogy of the practice in Italy. Needless to say that once the case is placed before the court, the case will be heard and decided by a Judicial Officer, who will not be involved in day to day supervisory work. The Crime Police should work in civilian clothes.

The Order Police, which will be organised on the same lines as of today, will work under the District Superintendent of Police and will be controlled and supervised by the State Security Commission. This wing will work in Uniform.

The Social Legislation Enforcement Police will work under a Police Officer designated as District Social Welfare Officer. Personnel under him will enforce the social legislation and put up the cases before specially designated courts and Statutory authorities for adjudication. They will work in civilian clothes.

Police think and act as though they are Fighting Forces. This is a throw back from the British times. The role of Army is to gain victory at all costs including human lives, whereas the ethos of Police is to save lives and bring peace at all costs. It is time we demilitarised Civil Police Setup through out the country. Police should shed all military trappings and become a civil force.

There is over centralisation in Police with the result the goals and objectives adopted by the police have no relevance to local people. There should be complete decentralisation and functional autonomy to Police from Station House level onwards and their goals and objectives are to be set with the cooperation and consultation of the local population. A properly structured and representative body of local residents should be associated with setting priorities and goals.

The Law provides awesome powers to a policeman. To exercise them, one needs certain perspectives, values and ideals in life. When we pay a Police constable, the wages of an unskilled worker, we should expect only the reaction of an unskilled worker from him and not that of a Sherlock Holmes or a Priest. The standards prescribed for recruitment, training, emoluments for the Police etc. need radical revision. Unless we provide the policemen with decent emoluments, living conditions and work atmosphere, we cannot expect him to act in an egalitarian manner without misusing his powers. The Police leadership is also at great fault in this area. They seem to insist on quantity and not on quality. It is better to have half a dozen officers of the rank of a sub-inspector in a police station to prevent and detect crime than to have 25 semi-literate and ill paid constables. It is necessary for the Universities to start Academic Programmes in Police Sciences so that those aspiring to join police forces, qualify themselves before they enter the service. As for attitudinal change, we should catch them young and the recruitment should be based on merit and not on any other consideration of caste etc. Institutional training should be at least for a period of two years to enable the faculty to implant ethical principles in the trainees.

Police have waited long enough for the Political Powers to initiate the moves to bring about a change. It is time the Police acted to effect the change. We are not suggesting anything revolutionary. All that the Police have to do is, to follow the teachings of the Father of the Nation.

If Policemen all over the country follow these four principles, Public will rally behind them and force the Political authorities to effect the much needed reforms in Police Organisation.