Any society needs peace of mind and conducive circumstances for progress.
Disturbed and anarchic societies exhaust all their potential in unworthy things.
On the other hand, if they have a sense of safety, security, and order, they can
develop and prosper. This is where the role of police becomes important in
society. At all times, in some form or another, this system existed with varied
responsibilities and duties.
The term police have been derived from the Latin word 'politia, which means the
condition of a State. The term means, a system of regulation for the
preservation of order and regulation of law. It broadly refers to the purposeful
maintenance of public order and protection of persons and property from the
commission of unlawful acts towards them.
It also refers to the civil functionaries charged with the duty of maintaining
public order safety and enforcing the law including the prevention and detection
of crime. This task becomes all the more arduous in a multicultural,
multi-ethnic, and vast country like India with a big population.
Policing is the science of maintaining peace and order in an ever-changing
society. Therefore, the policing philosophy, policing methods, and attitudes of
those responsible for policing cannot remain the same. Thus, it becomes
important to see how it has evolved through the various phases of history and
how it has acquired its present form. But before that, a look at the reasons and
situations that have led to the police system of the present time, its
structure, and its functions would be more relevant.
This system was based on two principles:
- The police must be completely separated from the military
- They must act as an independent body.
- Assisting the collectors in the discharge of law-and-order
responsibilities.
The system provided for an Inspector General of Police who was responsible
for the law and order of the entire province. Provinces were divided into
districts that were controlled by superintendents of police, who headed the
police administration under the control of magistrates. The main principles were
not altered even by the Police Commission of 1860, which is responsible for the
current police system in India. The recommendations of the Police Commission of
1902–03 further improved the system to some extent.
In 1917, the Islington Commission Report referred to it as the Indian Police
Service for the first time. After independence, Sardar Vallabhbhai Patel, the
first Union Home Minister, saw the importance of organizing the Civil Services
on an all-India basis. In 1949, in the Constituent Assembly, he emphasized the
importance of having a ring of services to help the country remain intact under
a federal constitution, saying, "The Union will go; you will not have a united
India if you do not have a good All India Service, which has the independence to
speak out its mind.". And thus, the Indian Police Service was born as an
All-India Service.
Background to the police services in India
The history of Indian police on modern lines dates back to the dawn of the 19th
century. The idea of a separate regular police force as it exists today was
never in consideration before the British period and for a considerable time
even after the commencement of the rule.
It was only in 1774 that Warren Hastings introduced for the first time under the
company's rule several measures for police reforms, which later culminated in
the Police Act of 1861. Sir Charles Napier was made in charge of the
administration of the newly annexed territory of Sind (now in Pakistan). To
tackle this crime-ridden and difficult area, he reorganized the native police
system so that it could function properly and produce the desired results.
Police system during ancient India
The origin of police can be traced to the early Vedic period, as the Rig and the
Atharva Veda mention certain kinds of crimes known to the Vedic people. In fact,
evidence indicates the existence of security forces even in the Harappan period.
Though the exact reference to the criminal justice organization during the Vedic
period is not available, the Mauryan period exhibits important features of the
same.
Kautilya's Artha shastra (310 BC) is a treatise on the criminal justice system.
It reads like a manual for police in modern times. There is a reference to
DANVARIKA, ANTEVANSIKA, PRADESIKAS, MAHAMATRAS, RAJJUKAS, and so on. There were
3 types of police—dandpal, durgapal, and antpal.
Magasthenese, the Greek Ambassador, and Fa Hein, the Chinese traveller have
written detailed accounts of the Gupta administration. Dandikas were the highest
officers then. Others, like Nagar Shreshthi, Rabasika, also find mention. The
criminal justice system developed during this period and continued for five to
six hundred years. The only difference between the two periods was that the
Mauryan system was centralized, whereas the Gupta system was decentralized. But
the basic structure of the police system of village police, city police, and
palace police was the same, suitably altered by various kings.
Police system during medieval India
There is no mention of police organizations anywhere. It may be so because more
focus was on conquests and military occupation without any serious attempt to
consolidate or run civil administration. The Muslim conquerors did try to
implant the police system in line with the one prevailing in their homeland,
trying to fit it with the Indian social setting.
The system of administering justice, punishment, and policing was, however,
Islamic and was based on the Holy Quran. During the Sultanate period, the Hindu
population was subjected to a different law, and the Pandits were associated
with interpreting the Hindu law and giving their opinion on it. Muhtasibs,
Muqaddams, were ranks of officials in charge of administration.
Punishments were very harsh, following the Islamic law, such as flaying alive,
cutting of noses, ears, or forearms, trampling by elephants, and mutilation. All
this must have led to a generation of deep-rooted hatred for police
functionaries.
During this period, the center of power and political activity was the Sultan,
Faujdar, who was the head of the criminal justice delivery system at the
provincial level and was entrusted with maintaining its peace and security.
Kotwal was magistrate, head of the police, and municipal officer, all rolled
into one. Chaukidar was responsible for the village administration. The
government under the Mughals was autocratic and military in nature. The justice
delivery system and police organizations were both weak during this period.
The police system in modern India
British India Phase
After the British victory in 1757 at Plassey and the decline of the Mughal
Empire, whatever police system was then in vogue became further corrupted in the
area.
In 1862, the Indian Penal Code and the Criminal Procedure Code came into force.
The Evidence Act was enforced in 1872, and thus the Qazis, the Muftis, and the
Pandits, along with Islamic law and Hindu law, got replaced. Though changes were
made in the administrative functioning by the British, the Mughal framework for
policing was retained. Ranks such as Kotwals, Thanedar, Pargana, and Darogah,
continued. However, changes slowly came to the Perso-Arabic model, and the
British way of policing was adopted.
Pre Independence-Era
By the early 19th century, the Mughal empire had started disintegrating, and
until the middle of the 19th century, there was no satisfactory police system,
primarily because of British inexperience and a lack of knowledge about the
country. Zamindars retained policing till 1792, when Cornwallis was sent to
India as Governor-General.
He abolished the zamindari system and made Thanedars responsible for the
maintenance of law and order. Some other reforms were also introduced. Later, a
model of policing developed by Napier culminated in the Indian Police Act of
1861, on which the current police system is also based.
Indian Police Act of 1860
After the revolt of 1857, the British realized the threat of losing power and
were determined to ensure complete suzerainty and suppression of all challenges
to their power. Thus, a Police Commission was appointed in 1860 to make the
police an efficient instrument for the prevention and detection of crime.
However, the system so designed was sharply opposite to that of the British,
celebrated in the whole world as a symbol of democratic policing. The primary
objective was to meet the exigencies of trade and company profit and to ensure
that the trade route was safe. The exploitation of resources continued
unhindered.
This system was based on the structure developed by the Mughals in the 17th
century, incorporating many features and names of officials like Daroga, Faujdar,
and Kotwal. The Act imposed in the whole country a uniform police system. It
relieved the District Magistrate of his duty to keep a check on the local police
and made it more professional, organized, and disciplined in nature.
The system of policing instituted by the Act is still in force and has brought
uniformity to administration. However, the general conditions of crime control
remained unsatisfactory, probably due to poverty, famine, and other adverse
conditions like a shortage of force. The second All India Police Commission was
formed in 1902 to conduct a comprehensive inquiry and recommend improvements in
various aspects of the organization. But nothing concrete was done according to
the recommendations to improve the forces until independence.
After 1920, the imperial forces were open to Indians through entrance
examinations. Indianisation of the services remained very slow, despite
pronouncements and recommendations. Due to the unavailability of Europeans, more
Indians started getting appointed to the service later. After independence,
India adopted the 1861 system unaltered in any basic respect.
The current structure of the police system in India
After 1860, recruitment of senior police officers was done in two ways: first,
by the appointment of officers from the British Army, and second, by nomination
from amongst the younger sons of landed gentry in the UK. Both of these ways
were abolished in 1893. Recruitment of officers was now done through a combined
competitive exam held in London, which only Europeans could take. Later, it was
opened for Indians too.
Today, recruitment made through the Combined Civil Services Examination is
conducted annually by the Union Public Service Commission. Article 312 of the
Constitution of India mentions the All-India Services. Probationers recruited
undergo very tough basic training in physical academics, arms, and other
activities.
According to the Constitution, the police force is a state subject. States draw
rules, regulations, and guidelines for the police in the state police manual.
The organizational structure of police forces in India is fairly uniform in all
the states throughout the country. The head of the police force in a state is
called the Director-General of Police (DGP). A state is further divided into
several zones, ranges, and districts.
The district force is headed by an officer of the rank of Superintendent of
Police (SP). A group of districts forms a range, which is headed by an officer
of the rank of Deputy Inspector General of Police (DIG). Zones are composed of
two or more ranges headed by an officer of the rank of Inspector General of
Police (IG). Districts are further subdivided into sub-divisions like circles
and police stations, which are headed by officers of different ranks.
The district police are also divided into two branches—the civil police and the
armed police, where the former primarily controls crime, and the latter deals
with law-and-order situations and is also the reserved police of the district
kept meeting an emergency situation.
Influence of past police system on the present
The Indian police system and structure as presently organized are essentially
based on an Act 131 years old, the Police Act of 1861. The workings of the
police have been analyzed twice at an all-India level within a period of 90
years. The first was the Indian Commission of 1902-03 during the British regime,
and the second was in 1977 by the National Police Commission.
They found the police to be far from efficient, defective in training and
organization, lacking in public relations, welfare measures, machinery for
redressing grievances, etc., and generally regarded as corrupt and oppressive.
Even after independence, we were devoid of a better police administration
system. There is still a requirement for a reorientation of attitude and
approach on the part of the police.
Conclusion
The literature on the Indian police system is meagre. The role of the police has
evolved continuously and still needs change. There is an urgent need to
transform it into a professional service rather than one that simply follows the
orders of the authority unmindfully. Training, ethics, conduct in public, public
dealing mannerisms, criminal procedure codes, power, and freedom of police are
certain aspects of the police department that need a complete overhaul.
The image that has been carried by the police from the British era of a paan
chewing, discourteous, rude, aggressive, and bully figure in Khaki needs to be
changed. In fact, the real situation of the police needs to be mended, like that
of being underpaid, understaffed, overworked, stressed, demoralized,
inadequately trained and equipped, subjected to political interference, and so
on.
Also, in a free society, people have a right to know how they are being
protected by the police. The cooperation of the public is very important for the
police to work effectively, which is determined by the degree of trust and
respect enjoyed by the police. Police must realize that, with changing times,
their role in society has undergone a sea of changes.
Conflict resolution and rendering assistance to those in distress are demanding
their time and attention more than dealing with crime and criminals. If the duty
has changed, so should the working and conduct of police to garner the lost
faith, trust, and cooperation of the very people for whom the police always
stand determined and dedicated to protecting.
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