- 23 -

PART – II

- 24 -

CHAPTER – I

BRIEF HISTORY OF THE CONSTABULARY

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The word “CONSTABULARY” is derived from the Latin word ‗Constabularies‘

and connotations associated with it; as defined in dictionaries and WIKIPEDIA are

as follows:

Noun - ―A police force covering a particular area‖, ―Organized body of

constables‖, ―and An armed police force organized like a military unit‖

Adjective-―Of or relating to constables or their jurisdiction‖ In short, constabulary

can be defined as ―A civil, non paramilitary police force consisting of police

officers called constables‖ This is a common definition in England. In the Indian

context, a simple meaning of constabulary can be, explained in the following

Words.

―An organized body/force of lower rung policemen (constables) who are recruited

in the force through a well established procedure by a government agency.‖

Section (4) 0f The Bombay police act 1951 also defines ―constable‖ as a police

officer of the lowest grade.

Similarly, the word ―police‖ is derived from the Latin word ―politia‖, the Greek

word ―polis‖, the Spanish word ―policia‖.

As is well known men used to roam here and there aimlessly like Animals in the

ancient age but slowly and gradually, the first civilized development took place

which resulted into social life for mankind. A man realized that social life was

advantageous in many ways, since it gave him courage to hound ferocious animals

and to protect him from their attacks. The formation of tribal units; as part of the

development of social life, also imposed some restrictions on him. Nevertheless,

his natural instincts and a desire to lead a life of full liberty proved to be a

stumbling block in the process of socialization of mankind. A man consequently

exercised his conscience in controlling his instincts and desire, having realized that

his acts of commission and omission might cause problems to the others. This

conscience can be referred to as the beginning of evolution of police. Moreover,

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social laws were found unsuitable and inadequate to establish control over the vast

tribal unit. Therefore, in addition to the social laws a need was felt for some

authority which could enforce reasonable restrictions on members of the tribal

units. With the emergence of the concept of a state, the evolution of police system

took place as part of its (state‘s.) controlling authorities.

The rulers in different ages needed services of a well established organization to

keep law and order, to prevent criminals from indulging in wrongful activities and

to provide security to their subjects. A study of the ancient Indian history indicates

the origin of the law enforcement machinery in the Vedic period.

Kautilya/Chankya established a well organized system of policing and

bureaucracy and therefore he could be described as the pioneer of the modern

concept of police in our country. During the Maurya Empire, the police became a

part and parcel of the state administration. In the pre Mughal era, ―KOTWAL‖-the

historically famed institute used to perform the task of policing in Delhi and some

kotwals found their names in the history books because of their impeccable

integrity and devotion to duty. Malikul Umara Faqruddin presumably, the first

Kotwal of Delhi appointed in 1237A.D.by the Sultan Bulban; had a considerably

long tenure which could be attributed to his honesty and integrity. Another famous

Kotwal was Malik Alaul Mulk, appointed by Sultan Allauddin Khilji in 1297A.D.

After shifting his capital from Agra to Delhi, in 1648 the Mughal Emperor

Shahjahan appointed Ghaznafar Khan as the first Kotwal of the new city and also

bestowed upon him the prestigious post of Mir-i–Atish i.e. Chief of Artillery.

As is well known, the British who had come to India for commercial purpose, in

the beginning of the seventeenth century, established their dominance over the

princely states and the East India Company soon turned into the company raj

which revised the laws and revamped the administration and the police

organization to suit the imperial needs. Warren Hastings prepared a

comprehensive note on the measures needed to maintain law and order in Bengal

- 27 -

in 1772. His report was well studied and despite suitable amendments periodically;

some of its features are still found in the modern police system.

The institution of Kotwal was abolished by the British in 1857, soon after the first

war of independence came to a tragic end. Interestingly enough, Gangadhar

Nehru–the grandfather of pundit Jawaharlal Nehru, the first prime minister of

India was the last Kotwal of Delhi.

The first police commission appointed in August 1860 contained important

guidelines for establishment of police system suitable to the prevailing conditions

in India. The second police commission (1902-1903) made the detailed

recommendations on the organizational aspects of police at the district level, the

recruitment procedure, training, functioning of railway police and river police and

pay structure of the constabulary-the different subordinate ranks of police. The

genesis of the existing police system lies in the police Act of 1861.which was

enacted for regulating, reorganizing the police force and to make it an efficient

instrument for the prevention and detection of crime. This act was extended to

various states of the country including Maharashtra/ Gujarat vide Bombay Act

21of 1954 and Act 11 of 1960, section 87 (W.e.f.1st May, 1960). The Bombay

police Act, 1951 was enacted for consolidation, regulation and amalgamation of

the police forces into one common force in the Pre- Reorganization state of greater

Bombay which included the Saurashtra, Kutch and Hyderabad areas of Vidarbha

regions and to introduce uniform methods regarding the working and control of

the entire force throughout the state. This act also empowers the state to determine

by general or special order; the number of employees in several ranks, powers,

functions, duties recruitment process, pay, allowances and other conditions of the

police force.

Gujarat state came into existence as a separate state on 1st May 1960 in India,

following Maha Gujarat movement which lasted for almost four years. Gujarat is

situated on the West coast of India and is bounded by the Arabian Sea in the West,

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by Rajasthan state in the North and the North-East, by Madhya Pradesh in the East

and by Maharastra in the South and the Southeast.

Gujarat has an international boundary and has a common border with Pakistan at

the North –Western fringe. The state has the longest coast line of 1600 K.M.s

amongst all the states of India.

The geographical area of Gujarat is 1.96 lakhs km2 and accounts for 6.19 percent

of total area of India. As per the census conducted in 2001, the population of the

state stood at 5.06 crores as on 1st March 2001.

The density of Gujarat is 258 persons per sq km and its literacy rate is 69.97

percent as on 2001.

The Map Gujarat

The certain laws enforceable in the Greater Bombay state were adapted by the

newly created state of Gujarat, subsequent upon bifurcation of The Bombay state

in May 1960; vide Gujarat adaptation of Laws (state and concurrent subject) order

1960. In sub-section (2) of section 1 of The Bombay police Act, 1951the word

―BOMBAY‖ was substituted by the word ―GUJARAT‖ and thus this act started

extending the new state of Gujarat and till today, the Gujarat police functions as

per provisions of this Act. However, revision of The Bombay police Act 1951 has

been under consideration of the state government under a new nomenclature-The

Gujarat Police Act.

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The Director General of police and inspector General of police; monitors the

functioning of the entire police force in the state. Some important head of

offices/branches under D.G.P‘s control are as follow:

State C.I.D.(crime and railways)

The main function of this branch is investigation and detection of those cases

which are referred to it either by the state government or by the D.G.P. and major

cases, investigation of which is handed over to it by a court.

State C.I.D,(intelligence)

This branch is engaged in gathering advance information on important political

events and keeping surveillance on suspicious elements including those associated

with communal and terrorist outfits.

Anti-corruption bureau

This office deals with complaints regarding corruption and bribery against the

public servants.

Anti terrorist squad

This squad keeps tabs on terrorist activities and if need be, it initiates appropriate

actions in this regard to prevent and control terrorism.

Computer cum state crime records bureau

This office keeps computerized data of various crimes for scientific analysis.

Hand writing Expert and photographic bureau

The main function of this office is to examine and scrutinize the controversial

documents to authenticate its genuineness.

The state finger print bureau

The branch is engaged in classification of search slips of the criminals and also

maintaining data of slips of the convicted criminals.

The state wireless communication

This office monitors wireless communication systems in all the districts of the

state.

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State traffic branch

The branch looks after regulation of traffic on the highways throughout the state.

Human rights and social justice (S.C./S.T. cell)

This office monitors the complaints pertaining to ―S.C. /S.T. (prevention of

atrocity) Act and protection of civil rights Act.

Arms units

It monitors various groups of State reserved police (S.R.P.) and helps city/dist

police maintain law and order by deploying S.R.P. personnel in the events of any

law and order related problem.

The training institutes-in Gujarat state

Police training academy -Karai Dist Gandhinagar.

Training programmers for direct recruit police officers from Dy.s.p.to P.S.I. level

are conducted here.

Police training school (PTS) Junagadh

Training to subordinate police staff is imparted here with reference to their pre

service exams as well as departmental exams. Refresher training courses are also

conducted here.

Police training school-Vadodara

This school imparts training to the newly recruited constables in basic Law and

various physical exercises associated with their routine duty.

S.R.P. Training centre, Chowky Sorath (Junagadh)

This centre imparts training to the newly recruited constables of an arms unit

(S.R.P.) The training institutes are under administrative control of Additional

D.G.P.(Training)

Besides these head of departments/offices; there are four police commissionerates

and seven police ranges. For effective functioning of police in the state. A city

police commissionerate is normally headed by a senior police officer of the level

of Additional D.G.P./I.G.P.

A range is headed by D.I.G. / Special-I.G.P. level officer.

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There are four commissionerates and seven ranges for the purpose of

administration of the police force and maintenance of law and order in

Gujarat.

Table:-2

-:Police commissionerate areas:-

Ahmedabad city

Vadodara city

Surat city

Rajkot city

-:Range wise districts :-

Ahmedabad Range Junagadh Range Gandhinagar

Ahmedabad Rural Junagadh Gandhinagar

Kheda Bhavnagar Mehsana

Anand Amreli Sabakantha

Porbandar

Rajkot Range Vadodara Range Surat Range

Rakot Rural Vadodra Rural Surat Rural

Jamnagar Bharuch Valsad

Surendranagar Panchmahal-Godhra Navsari

Dahod Ahva-Dang

Narmada

Border Range

Banaskantha

Kutch-Bhuj

Patan

- 32 -

Thse details of the police hierarchy

1 D.G.P.

2 Additional D.G.P.

3 I.G.P.

4 D.I.G.

5 S.P. / Commandants

6 Dy. S.P (Unarmed) / Dy. S.P (Armed)

7 P.I. (Unarmed) / P.I (Armed)

8 P.S.I (Unarmed) / P.S.I (Armed)

9 A.S.I (Unarmed) / A.S.I (Armed)

10 H.C (Unarmed) / H.C (Armed)

11 P.C (Unarmed) / P.C (Armed) – W.P.C.

12 L.R.D=Lok Rakshak

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The Strength of the Constabulary as on 30th September 2010

Table:-3

ARMED

Post Sanctioned Filled Vacant

P.C. 17016 12339 4677

H.C. 3268 3005 263

A.S.I. 1893 1737 156

P.S.I. 7082 477 305

N.B.-The newly recruited 142 Armed P.S.I.s under basic training w.e.f. 1

st December 2010.

Table:-3.1

UNARMED

Post Sanctioned Filled up Vacant

P.C. 25519 15845 11488

H.C. 8180 7330 850

A.S.I. 5990 5443 547

P.S.I. 2481 1506 975

N.B.-The newly recruited 680 P.S.I.s under basic training w.e.f. 1st

December 2010.

The source-D.G.P. Office. - B.br

- 34 -

CHAPTER – II

POLICE PUBLIC RELATIONSHIP

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A police man on duty at a public place can either burnish or furnish the image of

the entire police force through his courteous behavior and positive attitude or

arrogant and belligerent behavior with the public.

A police man has to face a piquant situation while trying to enforce the law

especially the traffic rules during peak hours in a big city where traffic jam is a

common malaise. There is no denying the fact that a section of even highly

educated people does not possess a civil sense and many times they brazenly

violate the traffic rules by jumping a red signal or by flouting safety rules like

wearing a helmet while riding a two wheeler or by avoiding to put on a safety belt

while driving a four wheeler. This leads to an altercation between a police man

and an earring vehicle owner. A police man has to maintain equanimity in dealing

with the vehicle owners who not only violate the traffic rules but also consider

themselves above law. The citizen expects every police officer to have the

wisdom of Soloman, the courage of David, the strength of Samson, the

patience of job, the Leadership of Moses, the kindness of the Good

Samaritan, the strategic training of Alexander, the faith of Daniel, the

Diplomacy of Lincoln, the Tolerance of the carpenter of Nazereth and finally

an Intimate knowledge of every branch of the Natural, Biological and social

sciences if he had all these, he might be a Good Policeman .Thus, a common

man‘s expectations from a police man are very high.

The other side of the coin is that at least ten percent of the policemen on duty at a

public place do not maintain decency, decorum and dignity of their uniform by

taking recourse to most foul and abusive language even at the slightest

provocation and sometimes without any cause of provocation also.

The commonest grouse against a police man is that he is inebriated with the power

that is associated with his khaki uniform and he is not sensitive to the grievances

of the public.

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It is well known that the subject of police-citizen relations has been exercising the

minds of eminent public leaders and senior government officials ever since the

days of Independence. The senior police officers and political leaders have been

discussing this subject regularly during various seminars, conferences and

seminars. Nobody should forget that the police are also citizens with the only

difference that they are employed in a whole time basis to perform duties which

are normally incumbent on every citizen, which means that the police must not

think of themselves as a body apart from the public; secondly, that the efficient

performance of police duties is dependent on the ready co-operation of the people,

which will not be forthcoming unless they conduct themselves so as to win the

respect and confidence of the people and try, as far as possible, to deal with

situations without the use of force; they should also be sympathetic, considerate

and mindful of the welfare of all sections of the people and always ready to offer

individual service, friendship and assistance to people in need without regard to

their social standing. The subject has also been discussed by the Police

Commissions set up by the States since Independence and various measures have

been suggested for improving the existing relationship. Regular holding of Lok

Darbars at the S.P. level and police station level in Gujarat has shown some

positive signs in police public relationship. Of course, it is observed that some

undesirable elements who enjoy personal Friendship the local police are also

invited to participate in such Lok Darbars and those who are vocal and opposed to

bootlegging and gambling are avoided by the police. However, the efforts to

construct a bridge of rapport between the police and the public through Lok

Darbar are not an exercise in futility. It has definitely yielded some positive

results.

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Image of the Police

The police force consists of a number of branches. The people, however, come

into contact mostly with the personnel posted to police stations/chawkies and

outposts. Though image of the police is not what is desirable, any proposal to shift

or abolish a police station or outpost is stoutly opposed by the local people.

As far as the police-stations and chowkies are concerned, the researcher‘s

observations suggest that their image, by and large, is unsatisfactory. They are

generally said to be impolite, authoritarian, professionally not up to the mark,

dishonest and unsympathetic to the complaints and grievances of the people. They

allegedly favor the well-to-do or the otherwise powerful sections of the

community while poorly dressed citizens are either neglected or humiliated. The

main reasons adduced for the unwillingness of the people to go to the police are

that the police are disinclined to record reports against persons of high status and

bootleggers, ―worli number walas‖ and petty criminals having good relations with

them. There is a popular belief that the police action on information/evidence

furnished is not prompt, there is corruption and the police machinery is ineffective.

The citizens are normally discouraged to file complaints against illicit liquor and

gambling dens since these are the sources for extra income to a section of lower

rung-middle rung policemen. Other reasons for the poor image of the police,

according to the study, are that complainants have to wait at police stations for an

unreasonably long time, there is fear of vengeance by the accused, payment of

compensation to complainants or witnesses attending courts is inadequate and

there is dissatisfaction with the ultimate outcome of the cases reported to the

police.Ofcourse, the constabulary can not be held solely responsible for the

inherent weaknesses associated with our criminal justice system.

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Reorientation of Attitudes

―May I help you!‖ is written on a notice board of every police booth and police

station. Besides this, a telephonic call at a police station is invariably greeted with

―Namaste.‖However, a visitor gets a different experience at a police station/choky.

There is a common complaint that the police men do not behave properly with any

body if one is not rich or a powerful person. The researcher tried to study this

aspect objectively without a ting of predilection or prejudice.

It is a routine practice in the local intelligence branch of a police station to

―charge‖ some amount from an applicant for issuance of NOC /police clearance

for obtaining a passport. Those who do not ―please‖ the concered police men are

made to wait for it for quite a long period. However, there has been a noticeable

improvement in the situation with transparency in the system and simplification of

the procedure introduced for obtaining a passport in the recent past by the Ministry

of External Affairs.

Non registration of First Information Report (F.I.R.) is perhaps one of the most

serious grievances against the police not only in rural areas but also in the urban

areas. The researcher has come across incidents of refusal by the police to lodge a

bank manager‘s complaint regarding embezzlement and also a complaint

regarding theft of a vehicle belonging to a lower middle person in Ahmedabad and

Gandhinagar respectively. This problem becomes more serious when the person

against whom the complaint is sought tobe lodged by a layman; is influential and

affluent.

A young girl, Bijal Joshi‘s suicide following refusal to lodge her complaint

regarding her mass rape at a hotel on the new year celebration day about five years

ago, by the police at the Naranpura police station in Ahmedabad resulting in to a

hue and cry against the police so much so, that the National women commission

had to intervene in this matter.

- 39 -

The nature of police work is such that all the parties concerned can never be

satisfied with the way in which the police act in a particular situation. A law

enforcement agency inevitably has a negative silhouette and this prevents the

police from becoming a popular agency and strains the effort for establishing a

positively satisfactory relationship between the police and the community. This

inherent difficulty can be met to a certain extent by the development in policeman

of attitudes in tune with the changed tenor of life in our society since

Independence, but it seems to the researcher that steps are also necessary for an

effort to reorient the attitudes of the people towards the police.

The policemen have to realize that the police function is no longer repressive and

that the police have a positive protective role also to play. They have to appreciate

that they deal with people when the latter are frightened, desperate, ashamed,

angry, threatening or violent. Every police action can vitally affect in some way or

other some one's dignity or self-respect, or sense of privacy or constitutional

rights. The need for a helpful and sympathetic attitude on the part of the police

cannot, therefore, be over-emphasized. The researcher is of the opinion that the

senior police officers should try to ensure that the principles of police conduct

become a reality in practice. At the same time, the people should be aware of their

duties and rights. The concept of publication of a citizens‘ charter is more

applicable to the police rather than other department, since a common man is

ignorant of almost all aspects of functioning of the police force.

Participation in Community Life

The fact that policemen have to remain in constant contact with criminals of all

kinds and other violent and anti-social elements tends to affect their attitudes and

outlook. It results also in a certain stigma being attached to police work in the eyes

of the people. The pressure of the psychological complexes generated by this

situation might be relieved to some extent if policemen could be made to feel more

involved in the socioeconomic life of the community they serve.

- 40 -

There should be active participation by police officers in the social and cultural

life of the community. The researcher was pleasantly surprised to notice that

Garba and Ras were organized during the Navratri festivals for the family

members of the police personnel serving in police stations of Junagadh District.

The police constables and their family members at Keshod police station were

seen participating in Garba during the researcher‘s visit on the first day of

Navratri, as part of the present duty.

The recent experiments of organizing visits of school children to a nearby police

station with a view to removing fear of the police from their minds and to make

them conversant with various duties and functions of the constabulary in Gujarat is

indeed appreciable and there is no denying the fact that this is an exercise in right

earnest resulting into bringing the constabulary closer to the future generation and

vice versa.

Integrity and Magnitude of Corruption

The question of integrity is as important as that of positive attitudes for healthy

police community relations. To gauge the exact extent of corruption prevalent in

an organization or at the various levels of its hierarchy is extremely difficult. As

far as the police are concerned, the researcher noticed that this problem has also

been exercising the minds of senior police officers that the dimensions of the

problem continue to be larger in other government departments; it would,

however, be very dangerous to develop an attitude that this is something which is

inevitable and a necessary evil. A number of factors are involved in the problem of

corruption. Apart from the conditions of service of the members of the force, the

attitude of the members of the public can be a breeding factor for corruption. But it

is imperative that stern action should be taken against an officer found to have

indulged in corruption and malpractices and especially extortion. There should be

a concerted drive to make it impossible for a dishonest person to remain in service.

All complaints of corruption should be promptly investigated; and action against

the guilty must be drastic whatever his / her rank is. The lead for a relentless

- 41 -

campaign for weeding out corruption must come from the senior police officers.

The integrity of police officers should be beyond all shadow of doubt and

suspicion. Corruption is a slur which deprives the force of public esteem and co-

operation.

To be fair to the police officers at the middle and lower rung of the hierarchy; it

must be borne in mind that they have to meet expenses on certain ―practices‖

which are part of working culture of the police.

The guests of senior I.P.S. officers and other VIPs have to be provided some

facilities like transportation, lunch, dinner and visits to worth seeing places and

other entertainments, the expenditure for which has to be incurred by the local

police. The researcher found during the present study that the police constables

posted at police stations / chowkies located in the areas of famous pilgrim place or

tourist spot have to entertain such guests more often than not.

Understandably, they try to compensate such expenses through other means. The

researcher got an opportunity to discuss this issue with a police inspector serving

at a police station located under the area of a national level famous pilgrim place

in Gujarat. The respondent police inspector candidly but frankly informed that he

had to spend around twenty five thousand rupees towards lunch, dinner for the

VIP guests. Thus corruption at police station level is some times ―need based‖ and

not ―greed based.‖ as rightly pointed out by a senior officer while discussing this

issue with the researcher.

Police and Agitations

The role of the police in dealing with strikes and other agitational activities is

another area in which there is much scope for misunderstandings and strained

relations with large sections of the people. Farmers, student and political leaders

and Govt. employees‘ associations complain that the police favor the industrialists

and serve the interests of the few as against those of the masses. The researcher

has also been told that peasant agitations are often organized by opposition leaders

for political purposes. For example, agitation against the Nirma Cement plant in

- 42 -

Mahuva in Bhavanagar District has become a serious problem for the police. The

brunt has to be borne by the police and when the police move in to maintain or

restore peace and order, they are criticized for using undue force in suppressing

popular agitations. The role of the police in such agitations or political morchas is

indeed very sensitive and any mistake or miscalculated steps taken in haste can

destroy the goodwill built up over a period of time.

It is necessary for the police to project an image of strict neutrality while dealing

with various agitational activities. It should be manifest on such occasions that the

police are present on the scene to forestall breaches of the peace and to prevent

violence and not to side with any party whatsoever. The Ahmedabad city police

acted wisely by dealing with the agitating state Govt. officers in 2009, strictly in

accordance with rule of law without buckling under pressure of some political

leaders and vice chancellor of a University who wanted the police to use ―Force‖

against the employees. This particular incident has definitely enhanced a prestige

of Ahmedabad Police in the eyes of the general public. The rules on the subject of

the use of force are very clear and an attitude of mind has to be developed in

police officers that most of the situations can be handled without the use of force if

the approach is one of patience and understanding. There are, indeed, many factors

which compel a police officer to resort to the use of force, but it is also true that a

suitable frame of mind can reduce such incidents.

In short, ―it is easier said than done‖ in the matter of establishing rapport and

harmony between the police and the public; taking into consideration the nature of

duty of the police personnel at the lower and middle level of hierarchy in the force.

There is a marked improvement in the situation in urban areas of Gujarat.

The young police constables and the direct recruit P.S.I.s are found to be by and

large polite and polished in dealing with the public during agitations. However,

the policemen above the age of 40 are found to lose their temper during tense

situations like political morchas and processions in connection with various

agitations. 71% of the policemen, the researchers interviewed, opined that the

- 43 -

public ―reaction‖ to the police taking the necessary measures for maintenance of

law and order; was good. They believe that the general public is supportive to the

police. Where as 29% of the policemen interviewed by the researcher felt that the

public response was not good.

In short, it could be concluded that the members of the constabulary in general and

the young generation of the constabulary in particular have, of late, started

realizing that in a democratic setup like ours, the policemen have to be friends of

the public and not the masters. However, there is a scope for further improvement

on this front.

Chart-3

- 44 -

CHAPTER – III

HUMAN RIGHTS

- 45 -

Human Rights:-

A primitive man was mostly free to act and behave in a way he liked but his

routine struggle for survival in the absence of basic amenities converted him into a

gregarious animal living in a tribe, a clan and later on in communities and family.

In the Indian context, occurrence of social and political upheavals because of

foreign rule for over a thousand years, there is a common belief among the

contemporary scholars that the human rights concept is evolved only because of

western liberal thinking which is not entirely true, in the sense that the ancient

Indian philosophers had conceptualized a welfare state with basic rights of human

beings albeit with different articulations.

The society‘s affairs were regulated by customary rules known as ―Dharma‖ rather

than the prescribed laws in ancient India. ―Dharma‖ is what holds together (“Dhru

dharayiti Dharma”). It is also a code of duties for proper functioning of various

divisions of the society to ensure harmony among the people belonging to

different strata of society. The Vedas, Puranas and various religious scriptures are

full of noble thoughts on divinity and well-being of humanity. ―Vasudhaiva

Kutumbakam‖-meaning, the entire world is one family. ―Ano bhadra yantu

vishvtah‖-meaning, Let noble thoughts come to us from all directions (Rig Veda).

The ancient philosophers believed that everyone was born with human rights

regardless of who he was and to which community he belonged. Kautilya a world

renowned philosopher and a source of inspiration for the famous ancient king,

Chandragupta Maurya, mentioned in his book, Arthahastra, the classification of

rights and duties of the king which are relevant in the modern time also.

However, from the third A. D. onwards, the society in India started being

degenerated into a web of numerous castes and sub castes. The rigidity of caste

system resulted into decadence of society to such an extent that basic rights of the

people of so-called lower castes were brazenly violated.

Over the centuries, the human community slowly but steadily became well- knit

and with development of science and technology, facilities like communication

- 46 -

and transportations the whole world was converted into the home of human

family. With the passage of time, feudalism in society and monarchy robbed a man

of his liberties and freedoms. The powerful persons started controlling ordinary

men by suppressing their rights to raise a voice against any injustice and

discrimination. In the European context, the Magna Carta, a document of certain

rights conceded by the king of England to his barons and the people, following a

vehement protest against heavy dose of taxation for meeting the expenses of wars,

is considered to be a first bill of rights.

The King John of England conceded a number of legal rights. The Magna Carta

incorporated some path breaking rights, declaring "No Freeman shall be captured

or imprisoned or stripped of his rights or possession... except by lawful judgment

of his equals or by the law of the land". This document is also called the "blueprint

of English common law". Thus, the Magna Carta could be described as the genesis

of official reorganization of basic human rights by the state.

The resentment and dissatisfaction against the pattern and working of feudalistic

society resulted into social / political revolutions in different parts of the world.

This could be termed as the starting point of mass movements for securing basic

rights like equality, freedom and liberty in the 16th

and 17th

century, though the

term ―Human Rights‖ became prevalent and popular in the late forties. American

and French revolutions were successful in highlighting the issues of liberty,

freedom and equality for individuals.

The European countries witnessed industrial revolution in the 19th

century,

bringing an end to the feudal system and addressing basic/fundamental rights of

the citizens so long suppressed by the absolute monarchy. The democratic form of

government in a number of countries provided a congenial atmosphere to the

people to become aware of certain rights, irrespective of their economic and social

status. Thus, it can be reasonably inferred that the modern time concept of

―Human Rights‖ is the product of democracy. It necessitated an international level

- 47 -

mechanism for ensuring mutual trust and respect and also protection of human

rights by various nations, in the interest of international peace.

Human Rights became a global issue especially after the World War II. The UNO

drafted the Universal Declaration of Human Rights on 10 December 1948. The

most notable feature of this declaration is that ―All human beings are born free and

equal in dignity and rights‖-proclaims Article-1 of UDHR.

India is a sovereign socialist secular democratic republic with its constitutional

obligation to protect basic rights of its citizens. Human rights jurisprudence in

India is founded mainly in the two chapters of the Constitution i.e. Part III-

Fundamental Rights and Part IV Directive Principles of State Policy.

The article 21 of the constitution guarantees that no person shall be deprived of his

life and personal liberty except according to procedure established by law.

However, the basic rights were brazenly trampled upon during the emergency

period in mid seventies. This denial of the fundamental rights during emergency

(1975-77) made civil society launched its movement under the leadership of

Jaypraksh Narayan and other socialist leaders. Many opposition leaders were

arrested and were denied due rights. The police and administration earned a bad

name. After the Emergency in 1977, the verdict of the people in general elections

went against the Congress government for the restoration of the Human Rights.

However good the concept of Human Rights may be, the law enforcing agencies

including police are imbibed with the authority and power to implement law of the

land and maintain rule of law and therefore, in course of performance of their duty

the members of these forces get involved in conflict with the people, often

resulting into serious allegations of human rights violation against them. During

the British rule, besides severe beating, red pepper spray was one of the tools

commonly used by the police to extract confessions from the accused. After

independence, the situation has improved. Nevertheless, the overall scenario is not

satisfactory as is evident from a number of reports related to human rights

violation by the police.

- 48 -

A policeman, who is a symbol of power and persecution to a lay man, has to keep

restraint and to maintain equanimity even in the midst of tense situation like public

agitations, demonstrations, processions and religious and political programmes.

This demands a great deal of forbearance and tact. However, it is easier said than

done; as mentioned in the previous chapters.

A man in khaki uniform often behaves rudely and acts in such a way that is not

compatible with his duty to protect citizens. Some of the widely publicized

incidents of police brutality and violation of Human Rights, during the last three

decades clearly indicate that India is amongst the countries in which human rights

violation is not uncommon.

The Supreme Court expressed its resentment against recurrence of police torture.

The Court (AIR 1980 SC 1087) held, ‗the state at the highest administration and

political levels must organize special strategies to prevent the brutality by police

methodology otherwise the credibility of the rule of law in our Republic vis-à-vis

the people of the country will deteriorate‘.

In Bhimsigh Vs State of J&K, AIR, 1986 SC 494,the Supreme held, ―Arrest of a

member of Legislative Assembly while enroute to attend the Assembly session

with mischievous and malicious intent will be compensated by awarding suitable

monetary compensation in appropriate case…police officer must show greatest

respect for personal liberty of citizen.‖

In Rudul Shah Vs State of Bihar, AIR, 1983 SC 1806, the Supreme Court held

that, ―Article 21 which guarantees the right to life and liberty will be denuded of

its significant content if the powers of the court to passing orders of release from

illegal detention. Administrative sclerosis leading to flagrant violation of

fundamental rights cannot be corrected by any other method open to judiciary to

adopt. The right to compensation is some palliative for the illegal acts of the

instrumentalities which act in the name of public interest which present for their

protection the power of the state as a shield. If the civilization is not to perish in

this country as it has perished in some others too well known to mention here, it is

- 49 -

necessary to educate ourselves into accepting that respect for the rights of the

individuals is true bastion of democracy. The State must repair the damage done

by its officers to the rights of the petitioner.‖ The above cases of the Supreme

Court cannot be considered an exhaustive list of Human Rights violation in India.

In fact, it is the tip of an iceberg.

Torture of the accused of petty offences like burglary, theft, pick pocketing in

police custody is considered a routine practice in most parts of the country. The

main purpose of torturing suspects is to elicit information about crimes or to

extract confession of an offence irrespective of whether it is actually committed.

Sometimes persons with political power or influence manage to lodge a fake

police complaint against anybody in rural areas and the police in an over zeal to

please them, ill-treat the accused without ascertaining veracity of charges. The

common patterns of torture are severe beating, hanging upside down, and electric

shock on vital parts, crushing with rollers, burning with cigars and objects such as

chilly powder or thick sticks being forced into one‘s rectum during interrogation.

The ultimate form of torture is that results into custodial death of an accused.

One of the plausible reasons for recurrent incidents of torture in police custody in

various parts if India seems to be an immunity from accountability and deterrent

actions, being enjoyed by a section of so-called ―Jambaz‖ police officers at the

middle level of hierarchy in the police forces. Some senior police officers have to

be heavily dependent on those police inspectors/sub inspectors who are masters of

publicity stunt, for detection of crimes and show a result on the front against the

gangsters and dreaded criminals who are dangerously active in big cities like

Mumbai. Recently some self-proclaimed encounter specialist police officers of

Maharashtra and Gujarat have been in a soup because of serious charges of human

rights violation.

Besides these, there are institutional factors, which contribute to inculcation of

―Torture Tendency‖ in the minds of middle and lower rung police officers. The

main institutional factors are as follows:-

- 50 -

The negative public image and bad working conditions of the police

The inadequate training in behavioral attitude and scientific modern

methods of investigation

The inadequate basic facilities and infrastructure to discharge their duty

purposefully

The high degree of political interference

The failure of the governments irrespective of ruling party to accept

responsibility for allowing the law enforcing agencies including the police

force to function within ―Rule of Law‖

Sometimes higher ups in the force virtually pressurize the subordinate

police officers to ―show‖ results in the matter of crime detection that

prompts them to torture the accused to elicit more and more information on

the crime under investigation besides extracting confession.

The laymen also expect the police to beat the offenders of burglary, theft,

pick pocketing, chain snatching etc and to teach them an object lesson. It

becomes extremely difficult for the police to persuade a victim of a crime or

his family members not to nurse the feelings of retribution and revenge

against the wrong doer. Occasionally, the call for beating a criminal from a

victim virtually compels the police to act in a way, which may result into

human rights violation.

- 51 -

The Human Rights protection Act was enacted in 1993.The salient features of this

act are as follows:-

Constitution of National Human Rights Commission, state Human Rights

commission in various states of India with certain powers to inquire into charges

pertaining to Human Rights violation and establishment of Human Rights courts

are some of the remedial measures for better protection of Human Rights.

The functions of the National Human Rights commission are multifarious and its

ambit covers every matter that is connected with Human Rights.

To inquire into a complaint related to Human Rights violation received from any

person, N.G.O. or on directions from a court.

Study treaties and other international instruments on Human Rights and

make recommendation to the Government for its implementation. and to

Undertake and promote research in the field of human rights.

Spread human rights literacy among various sections of society and promote

awareness of the safeguards available for the protection of these rights through

publications, the media, seminars and other available means.

Encourage the efforts of non-governmental organizations and institutions

working in the field of human rights.

Such other functions as it may consider necessary for the protection of

human rights.

The commission, while inquiring into complaints under this Act, enjoys

powers of a civil court and especially in respect of the following matters.

Summoning and enforcing the attendance of witnesses and examining them

on oath.

Discovery and production of any document

Receiving evidence on affidavits

- 52 -

Requisitioning any public record or copy thereof from any court or office

Issuing summons for the examination of witnesses or documents

The Commission may suo motu take cognizance of an incident of Human Rights

violation.

The National Human Rights Commission has made the following observations in

its annual report for the year 2005-06. These observations are worth mentioning

here in the context of the present study.

Custodial justice

―The primary responsibility of the police is to protect life, liberty and property of

citizens. Criminal justice system is to ensure protection of these rights. When an

individual is in custody, it means that he is in the custody of the state and,

therefore, to ensure that his human rights are protected, is the direct concern and

responsibility of the state. The individuals are kept in custody in police station, in

judicial custody in jail, juvenile homes and mental homes…‖-(2.42-NHRC report

2005-06).

―The Commission, in the international fora viz. the meetings of the Asia Pacific

Forum of National institutions and the Human Rights Commission, has reiterated

that the action which any state takes to fight and triumph over the evils of

terrorism must fall within the parameters of the Rule of Law and conform to the

high standards that we have set for ourselves-in our constitution, laws, and in the

great human rights treaties adopted since the founding of the United Nations. The

commission firmly believes that there can be no selective approach while dealing

with terrorism and there has to be united and concerted effort to fight the menace,

without chilling the civil liberties of the citizens.‖ (3.4 NHRC report 2005-06)

Despite constitutional provisions and the protection of Human Rights Act 1993,

there has been a plethora of instances of custodial torture and illegal detention

against the police in various parts of the country. Faced with repeated complaints

of such a nature the apex court of India laid down eleven commandments to be

- 53 -

complied with by the police in the event of an arrest of a person, in the well known

case-DK Basu Vs state of West Bengal(1997)SCC 416 which has been widely

publicized both in the print and electronic media.

These commandments are reproduced in verbatim as below:-

The police personal carrying out the arrest of the arrestee shall prepare a

memo of arrest at the time of arrest and such memo shall be attested by at least one

witness, who may either be a member of the family of the arrestee or a respectable

person of the locally from where the arrest is made. It shall also be countersigned

by the arrestees and shall contain the time and date of arrest.

A person who has been arrested or detained and is being held in custody in a

police station or interrogation center or other lock-up shall be entitled to have one

friend or relative or other person known to him or having interest in his welfare

being informed, as soon as practicable, that he has been arrested and is being

detained at the particular place, unless the attesting witness of the memo of arrest

is himself such a friend or relative of the arrestee.

The time, place of arrest and venue of custody of an arrestee must be

notified by the police where the next friend or relative of the arrestee lives outside

the district or town through the Legal Aid Organization in the District and the

Police station of the area concerned telegraphically within a period of 8 to 12

hours after the arrest.

The person arrested must be made aware of this right to have someone

informed of his arrest or detention as soon as he is put under arrest or is detained.

An entry must be made in the diary at the place of detention regarding the

arrest of the person, which shall also disclose the name of the next friend of the

person who has been informed of the arrest and the names and particulars of the

police officials in whose custody the arrestee is.

- 54 -

The arrestee should where he so requests, be also examined at the time of

his arrest and major and minor injuries, if any person on his/her body, must be

recorded at that time. The ―inspection memo‖ must be signed both by the arrestee

and the police officer affecting the arrest and its copy provided to the arrestee.

The arrestee should be subjected to medical examination every 48 hours

during his detention in custody by a doctor on the panel of approved doctors

appointed by Director, Health services of the concerned state or Union Territory.

Director, Health services should prepare such a panel for all tehsils and Districts as

well.

Copies of all the documents including the memo of arrest, referred to above,

should be sent to the illaqa magistrate for his record.

The arrestee may be permitted to meet his lawyer during interrogation

though not throughout the interrogation.

A police control room should be provided at all district and state head

quarters, where information regarding the arrest and the place of custody of the

arrestee shall be communicated by the officer causing the arrest, within 12hours of

effecting the arrest and at the police control room it should be displayed on a

conspicuous notice board.

In a democratic Government system, it is utmost important that the fundamental

rights of the citizens are protected and guaranteed under such Act. The Human

Rights Protection Act, 1993 protects and provides relief to the common man

against any harassment by an established powerful group in the administration and

protects the fundamental human rights to life, liberty, equality and human dignity.

The Gujarat State Human Rights Commission was constituted in July, 2006, and

started its functioning from September, 2006.

All the major efforts have been directed towards the full protection of the human

rights. The Commission deals with its petitions considering all their

representations as correct and looks at them from their angle.

- 55 -

Gujarat is a progressive State. It remained as a peaceful State from the point of

views of law and order. The Commission is empowered to cover one year old

cases from the date of breach of human rights. But, the transferred old cases or

grievances remaining pending and indisposed off various legal proceedings before

Hon‘ble Supreme Court, or before the Hon‘ble High Court or National Human

Rights Commission or pending before any Competent legal Authority handling

such cases can also be examined by the Commission.

Besides, the office of the commission which is a state forum to protect human

rights, each District Sessions Court in the State has been declared as the Human

Rights Court and the Public Prosecutor of each Sessions Court has been appointed

as the Special Public Prosecutor to take up human rights cases. However, due to

lack of awareness about this aspect, this facility is not much utilized at all at

district level. More elaborate arrangements for use of these provisions are required

to be made in this direction.

The Gujarat State Human Rights Commission has in chapter 6 of its first annual

report at page No33, made the following observation on the issue of unlawful

custody.

―Cases of unlawful custody have also been noticed in the state.Especially, there

are examples of the accused persons who were taken on remand were not

presented before the courts on the prescribed dates. The main reason for such

delays was given that the officers were mostly busy in making urgent security

requirement. For the matters taken under judicial custody for remand, day today

pre-review should be carried out before hand for date given by the court, and for

the date given by the court, and in such cases it is must that rulings of the Hon.

Supreme court on the arrests and custody must be strictly followed and that not

even a single person be left unauthorized under the police custody even by a

mistake.‖-

So far as Gujarat police is concerned; the senior police officers are found to be

sensible to protection of human rights of an accused during custodial interrogation

- 56 -

and the lower rung police personnel-i.e. from constables to ASIs are found to use

vituperative language as a routine practice against both complainants belonging to

lower strata of the society and the accused involved in the petty crimes. However,

physical torture is normally not resorted to during interrogation according to the

researcher‘s study. Moreover, the Shohrabuddin encounter case has scarred the

constabulary so much so that a section of lower rung police personnel is of late,

found to be extra cautious while dealing with the accused facing serious charges of

terrorist acts like bomb blasts and mass killing too.

The researcher got an opportunity to discuss in depth the issue of human rights

with a senior IPS officer belonging to 1985 batch who clearly opined that in light

of the recent developments the police officers from a constable to Director General

level have to jettison the old habit of using ―third degree‖ for eliciting information

even from hard core criminals.

The Gujarat police have ensured that there is no room for allegations of human

rights violation while dealing with the accused facing serious charges of naxalite

activities in the tribal belt of south Gujarat.

The Times of India.19 Feb-2011- Bowing to people‘s sentiments

- 57 -

A glimpse of the exemplary cases disposed of by GSHRC

Bhavnagar

To prevent unnecessary involvement in murder case

Petitioner Shri Shardulbhai Kalabhai Chavda, residing at Lusdi, Ta.Mahuva,

District: Bhavnagar filed a petition to the Commission in January, 2007 about

suspicious murder case involving innocent shepherds in his area. The Commission

called for the police report. Serious loopholes were seen in the inquiry by the

Commission. The Commission recommended for CID (Crime) is awaited to take

the impartial view of the judgment by the Commission for giving proper justice to

the innocent shepherds who were not involved in the murder.

Vadodara Rural

Arrest on a wrong complaints

Applicant Shri Karshanbhai Ambalal Mali, residing at Ashok Colony, Vadodara

complained the State Commission against Kaushikbhai Gopalbhai Limbachia

about petitioner‘s arrest though he was innocent. The State Commission called

from the Vadodara (Rural) Deputy Superintendent of Police to submit his inquiry

report for this case. It was found that the complaint was wrongly investigated

against Karshanbhai. The State Commission informed the Padra Police Station to

take punitive actions against Kaushikbhai for lodging wrong complaints. The State

Commission recommended the Home Department for taking departmental actions

against the responsible Deputy Superintendent of Police for misused his powers;

however he soon retired at present. Applicant Shri Karshanbhai was fully satisfied

for the actions taken by the State Commission.

- 58 -

Patan

Police inaction in one case of atrocity on a woman.

Smt. Dariaben Galabaji Thakor of Patan made a complaint to GSHRC that the

opponents are bootleggers and have assaulted and threatened her to vacate the

area. Local Police also connived with these opponents and their constant

harassment resulted in mental depression and suicide attempt by the applicant.

In reply to GSHRC instruction for Inquiry of this complaint, SP / Patan reported

that opponents were arrested and booked under IPC 323, 504, 506(2), 114 and

were produced in court. Police also raided the premises, seized liquor and made

prohibition case also. Precautionary measures were taken by Police and applicant‘s

husband was advised to represent the case regarding illegal encroachments by the

opponents to competent authority.

Thus, applicant‘s grievances were duly attended by the Police only after

intervention of the state Commission. This is indeed a matter of great pride that the

State Human Rights commission rises to the occasion and proves its worth by

protecting basic rights of a citizen.

Junagadh

Allegations regarding inaction by Police in not arresting an accused in a rape case.

Smt. Devuben Ranabhai Parmar, of Vekaria, Ta.: Visavadar, a Scheduled Caste

woman made a petition before the State Commission that one Hada Mohan Aahir

raped her and threatened to death. Her complaint was not attended by Police,

proper charges of atrocity were not framed against the accused and he was not

arrested etc. On calling for a report from GSHRC, SP Junagadh reported that

section of atrocity was added on the same day. However, the details of incident

revealed that the allegation of threat for death was not substantiated. The accused

remained absconding, but was apprehended subsequently by Police and was

- 59 -

arrested after a period of over three months. A case under IPC 376, 452, 323 and

under atrocity act was registered against the accused.

Surendranagar

Protection against Police inaction in filing of a false complaint

Shri Jitendrasinh Limbad of Wadhwan city, District Surendranagar made a petition

before GSHRC that he had given Rs. 2.5 lakh as loan to Shri Bhagwadsinh

Parmar. During the course of repayment, the cheque bearing the signature of Shri

Parmar bounced back; hence Shri Limbad had filed a criminal case No 330/07

against Shri Parmar which was pending. Meanwhile, Shri Parmar and his son, a

dismissed Police Constable, started harassment and succeeded in filing an FIR No

157/07 dated 11/10/07 under IPC 406, 420 against Shri Limbad. This was based

under the pretext that the amount is already repaid in cash but Shri Limbad refuses

in returning these blank cheques bearing signature of Shri Parmar etc. As police

has not taken cognizance of the pending criminal case and even his application

dated 8/10/2006, it was feared by the applicant that Police have shown inaction in

in connivance with Shri Parmar and hence he was forced to approach Hon. High

Court for getting anticipatory bail also. Therefore he requested GSHRC to

intervene and to do needful. On calling for a report by GSHRC in this issue,

SP/S‘nagar reported that the complaint dated 17/2/2008 Cr. Regi. No 19/08 against

Shri Parmar under IPC 465, 406, 420, 34 from Shri Limbad is taken on record and

Shri Limbad is taken on record he has also shown satisfaction over this police

action etc.Thus, the intervention from GSHRC resulted positively in moving

Police authorities towards the right direction and also in removing doubts and

grievances of the applicant.

The police constables and other police personnel up to the rank of P.I. interviewed

by the researcher willingly filled up a structured questionnaire and expressed their

views on human rights. The overall scenario on human rights violation in Gujarat

is not bad as is evident from the graph produced herewith.

- 60 -

Graph -1

Source: Third- annual report year. 2008-2009. G.S.H.R.C P.-63

0

1

2

3

4

5

6

7

8

2006-

2007

2007-

2008

2008-

2009

Number of

Custodial deaths

Custodial torture

Wrongful

Confinement

Uncalled for

arrests

- 61 -

CHAPTER – IV

THE POLICE REFORMS

- 62 -

THE POLICE REFORMS

The British had the realization of the limitations of their police force after the

incidence of Sepoy Mutiny in 1857 which ultimately took the shape of Indian

Mutiny and subsequently put an end to the ruling of the East India Company. In

1861 the British Government took some initiatives to bring about changes in the

police system and subsequently appointed a commission under the chairmanship

of Sir A.H.L. Fraser to recommend suitable changes in the police system.

The commission made recommendations, but these recommendations did have

little relevance to the ills afflicting the police force that used to suppress the

subjects and their human rights.

Since independence the police organization is the part of the state and the latter

cannot fulfill the aspirations of people and the challenges of administration in the

post independent scenario. Independence has brought with it a series of

transformation in different spheres but the police organization has virtually

remained unaltered barring some superficial arrangements.

Article 246 of the Indian constitution designates the police (including railway

police and village police) as the state subject and the state governments are entitled

to frame the rules and regulations pertaining to the police organization of their

respective states. Recruitment rules for police officials of respective states (except

I.P.S. officers) are framed in consultation with State public service commission /

staff selection.

Over five decades, the centre and some states have set up committees and

commissions to look into problems of the police and suggest measures to

introduce qualitative changes in the system. As early as 1959, the Kerala Police

Reorganization Commission had cautioned about the decline of police image

owing to political interference. The West Bengal Police Commission (1960-61),

the Punjab Police Commission (1968) and the Tamilnadu Police Commission

(1971), also made similar observations.

- 63 -

THE NATIONAL POLICE COMMISSION

The first National Police Commission (N.P.C) of independent India was set up by

the Central Government in 1977 with vide terms of reference on the functioning of

police organization, its accountability, the problem of outside interference in its

day to day work, relations with the common people, abuse of powers vested in it

and overall evaluation of its performance etc. The N.P.C. submitted as many as

eight reports between 1979 and 1981, containing some valuable recommendations

for police reforms in India.

The salient features and noteworthy recommendations in the phase wise reports of

N.P.C. are as follow:

First Report:

The commission suggested an independent authority outside the police

organization to ensure objectivity and inquire into complaints against police. The

commission also recommended for mandatory judicial inquiry in the following

category of charges against the police.

Alleged rape of woman during police custody

Death or grievous hurt caused during police custody

Death of two or more persons in police firing while dispersing unlawful

assemblies.

The supervisory officers should departmentally inquire the other complaints from

the public against the police and the cases disposed off in this manner should be

scrutinized by D.I.A. P.A has also recommended for setting up a police complaint

board at the state level to oversee implementation of the entire scheme of disposal

of complaints against the police. This arrangement seems to be aimed at ensuring

objectivity and fairness in inquiry cases against police officer.

- 64 -

Second report:

The commission recommended setting up a body to monitor performance of all the

wings / agencies of criminal justice system. The law commission may be enhanced

to function as a criminal justice commission at the centre and such arrangements

may be supported with similar mechanism at the state level. The main role of the

police is to function as an impartial law-enforcing agency.

The Police should be trained and equipped suitably to perform the role of a

service.

A state security commission should be set up through law in each state of the

country. The functions of a state security commission may be as follow:

Lay down broad policy guidelines and directions for the performance of

Preventive tasks and service oriented functions by the police.

Evaluate the performance of the state police every year and present a report

to the state legislature.

Function as a forum of appeal to redress grievances from officers regarding

illegal orders given to them by the power that be, and grievances regarding their

service matters.

Overall, review of the performance the state police force.

The N.P.C. has also recommended a fixed tenure of State D.G.P. Police officers

should be effectively protected against whimsical transfers / suspension due to

extraneous reasons and with a malafide intension.

Third report:

It is about the amendment to be made in the Cr.P.C. to facilitate special provision

in filing FIR by scheduled castes and tribes while facing atrocities. Their

complaints are mostly ignored and not registered under several pretexts. The

commission has recommended the setting up of special investigation cell of police

- 65 -

at the state level for monitoring the progress of atrocity related cases. Harassment

and humiliation of a person by threatening him to handcuff him in full public view

is a source of corruption and extortion for the police.

The Ribeiro committee on police reforms:

The Ministry of Home Affairs, Government of India, constituted a committee on

police reforms under chairmanship of Shri J.F. Rebeiro.

The committee has recommended the setting up of a non-statutory body to look

into complaints / grievances against police on excesses, arbitrary arrests and

detentions, false implication in criminal cases, custodial torture etc. and make

necessary recommendations to the state security commission. However, the

committee has not made any specific suggestion on the procedure for dealing with

a public complaint against police personnel and about the secretariat of such an

authority.

The police Establishment Board:-

The committee has recommended the setting up of a state level board under

chairmanship of D.G.P. with four other senior police officers immediately junior

to him as members ―to monitor transfers, promotions and other related matters of

officers of and below the rank of Deputy Superintendent of police should be the

sole prerogative of police hierarchy.‖[Committee‘s report, p 14]

The committee has also suggested for the amendment in the Service Rules.

Moreover, the committee has suggested empowering the Police Establishment

Board to consider the postings, transfers of officers of and above the rank of S.P.,

and send its recommendations to the state government for final orders in this

regard.

In case of disagreement, the Government should record the reasons thereon and

‗seek the views of the state security commission before issuing the final orders‘

[Committee‘s Report p 23]

- 66 -

In short, the Rebeiro Committee reviewed N.P.C‘s recommendations on police

reforms and its implementation by the centre and various state governments as per

the Supreme Court‘s directives in 1998.

The Padmanabhaiah Committee on police Reforms:-

The Ministry of Home Affairs, Government of India set up the Padmanabhaiah

committee on police reforms in January 2000.This committee was headed by

Shree Padmanabhaiah, Ex Union Home Secretary and in addition to Chairman; it

consisted of two retired and two serving police officers. Within a short time of

eight months, the committee submitted its report to the central government.

The salient features the committee‘s reports are as follows:-

Politicization and criminalization of the police

The committee has expressed concern over growing politicization and

criminalization of police in India and opined ―Corruption is the root cause of both

politicization and criminalization of police‖ (committee‘s report p 109). It

recommended (1)-raising the status of the constabulary and improving their

serving and living conditions;(2)-preparing a new Departmental inquiry Manual a

new code of conduct for the police (3) filing of property returns both by gazetted

and non gazetted police officers (4) improving in-house vigilance within the police

department;(5) improving the accessibility of police officers to the public and (6)

reviewing the record of arrests made by police staff. (Committee‘s report p 111 to

114)

The committee is of the view that most of the problems of police could be

attributed to frequent arbitrary transfers of police personnel, lack of a proper

tenure policy for posting of police officers at different levels and other service

related matters including recruitment of non I.P.S officials which is within the

purview of the state governments.

- 67 -

Political control over Police

With a view to curbing politicization of police, the committee has made the

following recommendations:-

A body headed by the Chief justice of the state High court as chairman, State

Chief Secretary and an eminent public person as members should be constituted

for empanelling two senior police officers for appointment to the post of Director

General of Police.(2)The minimum tenure of all officers should be two

years.(3)There should be another committee headed by the state Chief Secretary

with Home Secretary and D.G.P. as members to hear complaints / representations

from police officers of the rank of Superintendent Police and above alleging

violation of rules in the matter of postings and transfers. (Committee‘s report pp

120-124)

Police accountability

The media often publish reports on incidents of extortion, brutality and other

crimes committed by police personnel in different parts of the country. One of the

terms of references of this committee on police reforms was to examine and

suggest suitable changes in the police accountability.

Certain basic reforms for the effective functioning of the police, to enable them to

promote the dynamic role of law and to render impartial service to the people were

recommended and a draft new police Act incorporating the recommendations was

annexed as an appendix.

How difficult it is to carry out reforms in the criminal justice system, can be

gauged from the recent abortive attempt of the central government to implement

the amendment in Section 41(a) of Criminal Procedure Code in respect of a

police officer‘s power to arrest a person who has been concerned with any

cognizable offence; without an order from a Magistrate and without a warrant.

According to Cr.P.C 1973 Amendment Act-8 passed by the Parliament in its

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session held in January 2009, the police needs to serve only a notice to any person

and not to arrest him who is booked in connection with alleged bailable offence /

offences for which punishment of imprisonment for not more than 7 years is

prescribed under the relevant sections of I.P.C.

The amendment would have prevented misuse of power by the police to arrest any

person without a warrant, merely on the ground of suspicion of a cognizable

offence. However, there was an outcry against this amendment not only from the

police officers but also from Bar councils of various states of the country so much

so that the Central Government could not issue an official notification and publish

this amendment in the Gazette for its implementation. The opponents of this

amendment argued that offences like rioting, harboring criminals and import of

counterfeit notes, attempt to molest, adultery, cheating etc would increase

manifold in the absence of fear of police actions.

The Gujarat legislative assembly also passed a resolution requesting the centre to

review the amendment in its third session of the twelfth assembly; on the similar

ground.

The crux of the police reforms is to secure professional independence of the force.

However, the Supreme Court appointed police reforms monitoring committee

headed by justice K.T. Thomas has come to know the harsh reality that not a

single state or union territory government is ready to lose its power of appointment

or transfer of police officers.

Home ministers of every state of the country have turned down the

recommendation for setting up of a police establishment board for fear of losing

control over the police force.

The monitoring committee was setup by the apex court in July 2008 in the wake of

a three judge Supreme Court judgment in September 2006.

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Indian Express 30 August 2010.