CHRI’s mission on Police Reforms
- In Politics
- 11:39 AM, Aug 23, 2016
- Vijaya Bhanu Kote
The system where the appointed ones see that people obey the law and work towards preventing the crime is the police system. Solving the crimes is one of the prime duties of the police system.
The society lives in peace and feels secured due to the police system of the pertaining area. The security provided by the state governments in the form of police systems to the citizens is a highly prioritized issue in a democratic country like India.
From the grass root levels to the higher sectors, every community in the society relies on the most prestigious organ of the administrative system of the state, i.e., the police system.
The safe guarding duties rendered by the police system are truly invaluable service. Generally, public to the maximum extent, regard the police system as corrupt. They see it only as a force of people of the administrative system who oppress the public in various ways. Citizens think that this system can never win the confidence of the public. They go beyond the general factor of treating it as any other department just like the Revenue or the Education department.
Intellectuals of the country are against the present system too being governed by “The Police Act of 1861”.This act is based on the colonial British Rule in India. They insist on reforms, which can manage with the pace of the developing country, its rising rate of crime, and the slow case dealing in the courts for years together. These reforms should be democratic as well.
Presently, insecurity is on high alarm. People are not certain of their lives. The terrorist activities too raised and our system fails to certain extent in deterring the activities of the terrorists. There are many reasons behind this but reforms in the existing system can bring lot of change in making the police more efficient and public friendly.
List II, Schedule 7 of the Indian constitution lists police system under the state list so that it works under the state power. The 1861 act’s effect still lies on the system, though there are few modifications made.
The 1902 Police Commission headed by A.H.L.Fraser took first step on asking for reforms in the system. Since then, lot of commissions were appointed including Gore, The National Police Commission, The Ribeiro, The padmanabhaiah, prakash singh vs union of India and soli sorabjee committee till recently. (2005)
The challenges faced by the police:
Is it the same age we are living in, where the duties of police are confined to the above-mentioned things? No. law and order maintenance has become the biggest mess now. The increased crime rate and the sophisticated ammunition and equipment used by the culprits and lawbreakers leave the system awestruck and bizarre!
Their duty is not just confined to the defined terms as in yester years now! The arena of the service increased its fold into many subjects. They have to take care of many problems now including wars, riots in communities, the terrorist activities, civil cases, natural disasters, total area security and surveillance, epidemic breakouts, robbery, property issues, corruption, strikes and processions etc., and etc., the line increases day by day with the upcoming changes in the society.
The necessities of reforms:
The states can implement the police reforms either by legislation or by giving executive orders. These days, supreme court is taking active participation in issuing directives (from the time of prakash singh committee) and asking states to give progress reports.
Well-trained officials, well-equipped and sophisticated infrastructure, excellent surveillance systems, required labor and a citizen friendly duty charter are just few requirements.
Protecting lives and property, the innocent against deception and oppression, protecting, and fighting against violence and disorder and to respect the rights of all men given by the constitution are the prime duties of a police officer.
Common person and awareness of policing:
What if, police arrests you? What if, you are a woman? What if there is no woman police in the station you are held up? What if, you are enquired without proper execution of norms to be followed?
The common people, the citizens, are not well aware of the police rules and regulations. We do not even try to know about the norms until and unless we are held up in some or the other judicial circumference. However, citizens should be well aware of every system of our democratic country, to know our fundamental rights and rules to execute them in a proper manner for the betterment of the society. The awareness of the system and the changes in the system from time to time brings in new thoughts and involvement of the public leading to setting the equilibrium in the society.
However, we speak a lot about the deterioration of home affairs in the country. We just take an out lead to comment negatively on the system prevailing.
What are the reforms made in police stations? The traditional systems are gradually taking new shape. The changing social scenario and the globalization lead to a thought that there should be reforms in every field. The amendments of the articles of constitution are happening from time to time. Just as there was a large buzz about the article 124, regarding the arrest of the cartoonist Aseem Trivedi recently. The buzz in the society and media helps the governance to turn its vision towards the issue and take proper action in order to set the problem.
Committees on police reforms:
Our police system is a state affair. All the states policing is under the control of state governments. The Union Territories police system works under the central government. The constitution of India holds a separate division on the home affairs. The mandatory items and the procedures stated are followed in all the police systems.
Our country, after independence, had to establish every system of the country according to the constitution. It took lot of time to cope up with the existing problems and solving them. The policing was one of them. The home affairs ministry of the state holds the upright power to control and co ordinate the police system.
There have been many attempts to reform the Indian police system both on a State level and on a central level. Since 1971 there have been six major reform committees. 1) Gore committee; 2) National Police Commission (NPC); 3) Riberio Committee on Police Reforms; 4) Padmanabhaiah Committee on Police Reforms; 5) Group of Ministers on National Security; 6) Malimath Committee on Reforms of Criminal Justice System.
the Gore committee on police training (1971-73/74) dealt with the training procedures from the first to highest level in the police training and made 186 recommendations.
The Ribeiro committee (1998) which, took up the study in accordance with a public interest litigation and made five recommendations.
The padmanabhaiah committee (2000) made 99 recommendations which had to be implemented both by the central and state governments.
The group of ministers on national security (2000-2001) made 62 recommendations which had to be implemented both by the central and state governments. This group studied the four most important aspects like internal security of the country, the intelligence system prevailing, the management of the defense and the most important of all, the border management.
Malimath Committee on Reforms of Criminal Justice System 2001 – 2003, made 55 major recommendations.
National police commission (NPC) (1977-1981) did vigorous review on the IPS. They submitted eight reports in four years and made 291 recommendations.
Name of the commission |
Year of appointment |
Study made |
No. of recommendations made |
Implemented or not |
the Gore committee |
1971-73/74 |
police training |
186 |
Few implemented. |
National police commission |
1977-1981 |
Indian police system |
291 |
Not implemented. |
The Ribeiro committee |
1998 |
police reforms |
5 |
Not implemented. |
The padmanabhaiah committee |
2000 |
Police reforms |
99 |
not yet implemented. |
The group of ministers on national security |
2000-2001 |
internal security intelligence system border management defense management |
62 |
Few implemented. |
Malimath Committee on Reforms of Criminal Justice System |
2001 – 2003 |
Reforms of Criminal Justice System |
55 |
Not implemented. |
Police Act Drafting Committee (PADC) -the Soli Sorabjee Committee: |
October 2005 |
Police Act Drafting |
6 |
Not implemented. |
We must appreciate the state government of kerala for appointing the first police reforms commission in 1959.
When the national police commission’s recommendations too were not implemented, Prakash Singh filed a petition before the supreme court of India for the necessity of police reforms. The supreme court of India delivered a set of seven directives to be implemented by both central and state governments. This is until date considered as the historic judgement.
Present day scenario:
In the wake of globalization, total globe had a paradigm shift. All the countries tuned their systems according to the new changes. The flow of amendments started happening. The new system of business, new policies, and new intrusions of various things into the life of the communities led the governance to form new laws or to amend the existing laws.
As the scenario caught the speed in the run, judicial system was awestruck at the new type of crimes and allegations taking rise on the toll. The existing system failed in taking up cases and working on them for speedy judgments. Police stations too felt the lack of enough labor and sophisticated equipment as obstacles in their process of investigations.
Piled up cases had no way out. Increasing crime rate and inefficiency of the unarmored police lead to the dissatisfaction of public. They began losing faith in the existing system. The frustration of the system floated its boats to the political system too. Human rights were not dealt with when a case was handled. There was less emphasis on human rights. Citizens had nothing but resentment towards the existing system.
Then, in 1987, the commonwealth nations thought of an initiative to work on human rights. Taking into consideration, the dial up changes in the world arena, the question of human rights was the best that stood before every nation’s eye.
We can say that our police laws follow the 1861 legislative law. These laws are archaic and colonial. According to Indian constitution, police system is managed by state power. The union territories police system is taken care of by the national government. As the societal system adopted continuous changes, there was no change in the policing for years. Same old traditional police system was followed for years. Various committees submitted their reports on a need to work on reforms, but implementation of the recommendations did not take place.
The release of a draft model police act by a national police act drafting committee as per the supreme court’s decision can be stated as the rim of the paradigm shift in this reform process.
Members of commonwealth countries:
How does a country become the member of Commonwealth? One of the prime requisite is being a democratic country. The 54 state members are aware of this truth. For a democratic country to be in action, it needs a democratic policing system. We can say that democratic governance is directly proportional to democratic home affairs and democratic legal system. Society is either reluctant or afraid to reach the police. Reasons may vary. However, the root cause of the existing situation should be dealt, immediately with.
Many of the police systems are mentioned as legacies of colonial rule. They are assumed to have been taken shape from the post colonial histories.
What is poor policing:
- brutality and torture
- extra-judicial executions
- lack of due process
- impunity
- corruption
- bias and discrimination
- public fear
- Anger and resentment.
There are some governments in the Commonwealth, which work on wonderful approaches regarding police reforms. They work on modernization of the existing system, sophisticating the departments with high range of sophisticated equipment and infrastructure, transformation of existing traditional methods of working on a case or taking a report etc.,
The public concern over certain issues rose since few years and they began questioning the integrity of the accountability and transparency of the police system. The reasons behind the public concern:
- rising crime
- incidents of police abuse
- failure in dealing with major cases
The constitution assures of many citizen friendly articles. The constitution needs to be in action to implement them practically to the citizens. All citizens, apart from being rich/poor, educated/uneducated have the same rights in the constitution. Therefore, good governance can only provide the assured rights. The democratic flavour adds equilibrium to the society. Such homogenous nature of governance is always an inspiration to the neighbouring countries.
The accountability and transparency is the biggest question arisen on behalf of the interests of the people.
The democratic values of commonwealth:
These values are common for every commonwealth country. It believes in strong foundation of good and democratic governance. It aims at all the limbs of governance to exercise well.
A democratic police organization should be accountable to the law. It should always keep in mind that it should abide by the law but not expect law to abide by it.
Qualities of a democratic police organization:
- Accountability
To the government
To the citizens
To the community
- Transparency in activities.
- Protection of safety and rights of individuals and private groups.
- Protecting human rights.
- Providing services such as professional/ community etc.,
The CHRI worked on impact of anti-terrorism laws on policing. They have an expert group on policing too.
CHRI:
We see Non Government Organizations in every city and town. They work on different issues. They come into different categories. There are few International Non Government Organizations which extend their services in different countries of the world. There exists a head office and its chain of branches work around the world. One such organization is CHRI, The Commonwealth Human Rights Initiative.
Common wealth human rights initiative (CHRI):
Is a mission carried out to bring changes in the countries of the common wealth? CHRI is a non-governmental organization working on police reforms and police accountability for over 15 years. CHRI believes that “With the power of the uniform, there must be the requisite accountability.” Members of the Police Reforms Team of the Commonwealth Human Rights Initiative (CHERI) work regarding this issue.
Founded in 1987, The Commonwealth Human Rights Initiative is an independent, non-partisan, international non-governmental organization. It works for the practical realization of human rights of countries of the common wealth. Human rights are an issue, which needs to be dealt with in every corner of the world. Thus, the establishment of this organization gave a new vision towards some of the important issues of our society. CHRI is accredited to the Commonwealth. It is also the Observer on the African Commission on Human and Peoples' Rights since 2002. It was given Special Consultative Status with the Economic and Social Council of the United Nations in July 2005.
Several commonwealth associations founded this organization keeping in view the two common factors related to the countries of the commonwealth.
- common set of values
- Common set of legal principles.
They thought that human rights issues were given very little priority and such issues rarely come into focus on the global arena.
The human rights framework is not a narrow path. It is wide enough to include each and every point concerned with the living and rights of a citizen.
CHRI works on democratic policing. It believes that democratic policing is both a process and an outcome.
Objectives of CHRI:
- To promote awareness of Harare commonwealth Declaration.
- To adhere to the Harare commonwealth Declaration.
- To promote awareness of the Universal Declaration of Human Rights.
- To promote awareness of the internationally recognized human rights instruments, as well as domestic instruments supporting human rights in Commonwealth member states.
CHRI and its works:
- They take biennial reports.
- They review the issues periodically.
- They give utmost priority to the fact-finding missions.
- They focus on progress.
- They work on setbacks in human rights issues.
- They work on prevention of human rights abuses and advocate on measures and approaches to stop them.
- They are in continuous association with the Commonwealth Secretariat, member-state governments, and civil society associations.
- They organize workshops and developing linkages.
CHRI is committed in its mission is to act as a catalyst for activity around its priority concerns. “Police Reforms: Too Important to Neglect, Too Urgent to Delay” This is the slogan given by CHRI regarding police reforms. This is one of the issues CHRI focuses on. This program intends to bring awareness on police accountability and reforms.
They aspire democratic policing. The main concept is to see that the spirit of democracy gets involved in policing system. They keep glued to each update of policing in the commonwealth countries, thereby, suggesting changes, and taking the updates to the media and public.
In 2005, a meeting was held for Commonwealth Heads of Governments. The CHRI then released a report on police accountability. They dealt with the following points on police accountability.
- the issues around policing in the Commonwealth
- how to set up a democratic policing framework
- Critical limbs of accountability in a democratic police organization.
- A roadmap of reforms.
Anyone can get the copy from the CHRI site, http://www.humanrightsinitiative.org/
CHRI’s activities:
Conducting Workshops, Public debates, Intervening with the government missions, Suggesting the supreme court, Publishing books and journals, Publishing reports, Conducting events etc.,
The requirements of states:
States should be provided with resources and adequate funds. They should be given directions to adopt the recommendations in a positive attitude. The supreme court directives should be implemented by guiding and providing the necessary amenities to the state governments. The states which ignored the directives should be negotiated in proper media and action should be taken to think of alternative methods where a state government can adopt the directives.
CHRI has been working towards ensuring that the directives are implemented through advocacy with the police, with the public and the government. They do critiques of laws that come up, working on increasing accountability at the police level. Once the reforms turn into action, there will be a well-flourished judicial system in any country.
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