How successful have attempts at reforming India’s police been? What needs to be done to transform India’s police from a controlling force to a people-centred service? This chapter examines the current state and pace of police reform in India. The control-oriented, colonial-era 1861 Police Act continues to govern policing in India, and police abuses are rife. The national and state governments have failed to comply with Supreme Court directives to reform the police. New legislation is urgently needed, and the drafting process must be open to civil society and stakeholder input. This will ensure that the new law addresses the concerns of the people most affected by unaccountable and ineffective policing.
The 1861 Police Act aims to control the population rather than to protect the community. It has led to abuses by police officers, a dysfunctional and corrupt service, and a force that is divorced from the communities it is supposed to protect.
In September 2006, following 10 years of litigation, the Supreme Court instructed the Government of India (GOI) and state governments to comply with seven directives to reform India’s police. The directives aim to initiate reform by establishing a State Security Commission that will depoliticise the police, ensure independent civilian oversight and a public complaints procedure through setting up a Police Complaints Authority, and professionalise the force through establishing a Police Establishment Board. However, implementation of reform has largely failed.
- Both GOI and state governments have ignored the Supreme Court’s edict that its directions are binding until they form appropriate legislations.
- State governments throughout India have fought to dilute the State Security Commissions and the Police Complaints Authorities.
- In the face of opposition to reform, the Supreme Court has adopted a committee-led incremental approach to overseeing state compliance with the directives. This is an abdication of the Court’s responsibility.
- The new National Investigation Agency (NIA) was established after only two days of parliamentary debate, little background analysis, and no civil society engagement. The outcome is a new law enforcement agency that institutionally repeats the same mistakes, leading to undemocratic policing throughout India.
India is desperately in need of modern police legislation to replace the 1861 Police Act and address the issues raised by the Supreme Court. The Model Police Act drafted by the Soli Sorabjee Committee in 2006 complements the Supreme Court directives and should be revisited. In addition to suggesting how to implement the Supreme Court Directives, the chapter makes recommendations on political and administrative aspects of police reform.
- The GOI should vigorously pursue reform in the Union Territories and the National Capital territory over which it has jurisdiction. This will set an example to the state governments.
- There needs to be a focus on preventive aspects of policing as well as investigative aspects. There needs to be provision for intelligence, coordination and collaboration as well as powers of investigation and enforcement.
- The Massachusetts Institute of Technology (MIT)- Rajasthan Police collaborative project has been largely successful. Training and the freezing of transfers have improved effectiveness, community relations and police morale.
- Other successful administrative reforms from the MIT project include the introduction of community observers and a weekly day off and duty roster system.
