The concept of modernization of police is not something which is just a phase or
which could be achieved in a limited time frame, rather it is an ever evolving
process, more in a country like India, where the population is huge & so diverse
and the laws are so stringent and sometimes even more confusing, making the
procedural activities immensely complicated and lengthy at times.
Thus in turn
it results in faults on the part of the police administration many a times,
which may range from paperwork errors to technological shortcomings, to shortage
of resources, and much more. Revolutionizing and Evolving the Modernization of
Police thus is and should be the prime objective of the Authorities and Law
Makers.
Introduction:
The term POLICE however has not been defined clearly in any of the laws or
statutes currently applicable in India, stands for 'Public Officer for Legal
Investigations & Criminal Emergencies'[1], which by its name connotes the type
of work area they'd be operating in, which is to maintain public peace and order
without any failure.
As per the Black's Law Dictionary, the term Police is "the
governmental department charged with the perversions of the public order, the
promotion of the public safety, the perversions & detection of crime and the
officers or members of the department."[2]
Police is an institution which should be easily accessible and approachable to
all the classes and strata of the social structure we are all a part of. The
role of Police is at a time supposed to very simple but at the same time is
supposed to be very difficult or rather complicated as well, which in turn leads
to the vesting of huge amount of responsibilities and powers in the hands of the
police which in turn require even large amount of resources (both, human as well
as technological) in order to justify the work of public service they have been
assigned to.
As established, Police falls under the domain of the State as per entry 2 of
List II of the VIIth Schedule in the Constitution of India, thus the principal
responsibility of managing Police as a subject lies with the State Government,
so the load or duty or responsibility of modernizing the Police also falls on
the head of the State.
However, the states have been somewhat in a fix when it
comes down to do the work in revolutionizing the Police and modernize and equip
the forces up to the desired level, because of many reasons out of which the
most prominent is said to be financial constraints.
In order to rescue the states from such situations the Central Government in
coordination with the Ministry of Home Affairs has been working on several
levels in order to supplement the resources and efforts of the states from time
to time by implementing schemes such as Modernization of State Police Forces (MPF)
Schemes, since 1969.
History of Schemes relating to the Modernization of Police:
While the police reforms were introduced way back in 1902-03 by the British
Government in the pre-independence era, the schemes relating to modernization of
police have been in regular practice since 1969-1970, but even then the lack of
awareness and having tight hands when it came down to finances are some of the
major reasons as to why the majority of funds allocated for the purpose of
modernization goes in managing salaries or pensions, as this was the scene for a
very long time.
The National Police Commission was set up in 1977, which was the first national
level committee that was set up by the Indian Government with the purpose of
regular reporting on policing. This committee went on to put forward eight
reports between 1979 and 1981, and in these reports were suggestions for the
then existing police administration setup.
Further in the landmark judgment in
the case of Prakash Singh[3], Supreme Court in 2006 directed all the States and
Union Territories to introduce police reforms, and asked them to comply with the
seven binding directives which would kick-start the reforms. In 2006, a
committee named as Justice Thomas Committee was constituted to review the 7
directives which were laid down by the Hon'ble Supreme Court in the case of
Prakash Singh.
In 2012-2013 Justice J.S. Verma committee was constituted to recommend
amendments to the criminal law so as to provide for quicker trial and enhanced
punishment for criminally accused of committing sexual assault against women,
after Nirbhaya Scandal. This committee has recommended certain steps to reform
the police, which include the establishment of the State Security Commission to
ensure that the state government does not influence the state police, which
should be headed by the Chief Minister or Home Minister and also stated the
seven directives of the Supreme Court.
Issues with the Police Administration System in India:
Although the Indian Police System has been working nonchalantly and without any
major dysfunction for decades now, that too without any major amendments or
changes, it can not be denied that the same suffers from various discrepancies
or flaws on multiple levels, such as:
- Colonial Laws:
The Indian Police System till date has been working on
the same laws which were made and developed in the British Raj, the laws which
were framed in accordance to suppress the voice of the common people, and as a
result the citizens of India still sometimes have to go through the same fate.
- Custodial Deaths:
The number of cases of custodial deaths or power
abuse by police have been humongous in India, and we literally did see many such
examples of the same in recent Covid Pandemic times too, even when a guideline
for the same had been laid down by the Supreme Court in the D.K. Basu Judgment.
- Police Infrastructure:
As it is the funds allotted for the
rejuvenation of the infra of the police department is low, even then it goes
underutilized. As a result even strong high tech communication systems have not
yet been installed in many places, let alone be modern weaponry or advanced
terrain based vehicles. This results in no training or knowledge of the modern
technologies by the personnel.
- Law on Torture:
India as for now has only signed the "United Nation
Convention on Torture", which is yet to be passed by the parliament, and as such
India lacks a concrete law on the front of torture by Police Personnel.
- Political Interference:
The officials who sit at higher posts are
themselves not safe as they have no prescribed minimum tenure and neither do
have a say in the place of posting thus forcing them to be a puppet in the hands
of the politicians.
- Working Conditions:
It is only recently that the government has been
focusing strictly on the training of the personnel as a whole on both levels
i.e. state as well as central. Meanwhile, still it has been observed that there
are many who do not hold the threshold standard especially the lower level
officials, as a result they are often abused verbally and many a times
physically and are forced to work in inhuman conditions, leading to a toxic
relationship in the department itself.
Present Schemes run by the government on Central and State level:
MPF or The Modernization of State Police Forces Scheme is an Umbrella scheme of
the central government in consonance with the states of the Republic of India,
whereby funds are allocated to the state funds in order to revamp the structure
and functioning of the police forces of states and union territories.
"An allocation under this scheme is kept aside for providing items in kind for
modernization of police forces of the State Government. Presently, major supply
of items come from Ordnance Factory Board (OFB) and weaponry is provided as
assistance in kind. Allocations and funds released to the States under the
erstwhile scheme of Modernization of State Police Forces during the period from
2012-13 to 2016- 17 was that of 5517.33crore rupees and 4743.47crore rupees
respectively"[4].
"Similarly, the government has extended the scheme for five more years from
2021-22 to 2025-26 with a total investment of fund allocation of 26,275crore
rupees, which is to be spent mainly on police modernization. The scheme will
include security related expenditure in Jammu & Kashmir, Maoist affected areas,
for raising new battalions accounting for a total of 18,839crore rupees while
4,846crore rupee will be allocated for modernization of state police forces &
2,081crore rupee is to allocated for the developing high-tech forensic
laboratories and other investigation tools.
To further pursue this
accomplishment, six LWE-related schemes with a central outlay of Rs 8,689 crore
have been approved. These schemes include Special Central Assistance (SCA) to
most LWE-affected districts and districts of concern to consolidate the gains,
it said. For the purpose of raising of the India Reserve Battalions or
Specialized India Reserve Battalions, a central outlay of 350crore rupee has
been approved, while 50crore rupees are to be allocated to the central scheme of
assistance to States and Union Territories for Narcotics Control."[5]
The objective of this scheme is to gradually reduce the dependence of the State
Governments on the Army and the Central Armed Police Forces to control internal
security and law and order situations by equipping the State Police Forces
adequately and strengthening their training infrastructure.
Funding Mechanism: The funds under the scheme are sanctioned to the states by
the High Powered Committee (HPC) chaired by Additional Secretary, Ministry of
Home Affairs, as per annual plans received from the states. The states have an
Empowered Committee chaired by the Chief Secretary, which receives the funds,
which are subsequently transferred to the Home department, and finally to the
Director General of Police. The Central Government provides funding to State
Governments under various components of the scheme.
The components have been listed below:
- Infrastructure Development of Police Directorate:
States are provided
assistance for the development of fixed assets like office buildings, housing,
procurement of vehicles, weaponry, equipment for forensic science laboratories,
etc.
- Mega City Policing:
This component was introduced from 2006-07 and
covers seven cities- Mumbai, Bangalore, Hyderabad, Chennai, Delhi, Kolkata and
Ahmedabad. Based on the state plans, funds are given to mega cities for
procurement of modern and innovative equipment like portable X-ray machine,
vehicle scanner, integrated GIS based automated vehicle tracking, etc.
- Desert Policing:
This component was introduced from 2005-06 and covers
the States of Gujarat and Rajasthan. Funds are available under the scheme for
problems in investigation, mobility, communication and requirement of special
equipments, with respect to desert areas.
- Naxal Affected Districts:
An amount of Rs 2 crore per district per
annum is given to naxal affected districts under the scheme. This amount has to
be used for construction of new police stations, police outposts, and
fortification of police stations/outposts.
- Indo Nepal/Bhutan Border Districts:
The scheme provides for an
allocation of Rs 1 crore per border district per annum along Indo-Nepal and
Indo-Bhutan borders. There are 30 districts in 7 states on the two borders. This
component is to be used for strengthening police stations/outposts.
- Special Branches:
5% of the total scheme allocation to a state is
earmarked towards strengthening of the special branches/intelligence set up in
the states. This would involve modern equipments, GIS mapping, intelligence
training schools, bomb detection and disposal equipment, thermal imagers,
etc."[6]
Recommendations and Conclusions:
Data from the 'Bureau of Police Research and Development (BPR&D)' shows that
funds have not been fully utilized under the MPF scheme. In the year 2015-16,
out of a total grant of 9,203crore rupees which was made available for
modernization, states utilized mere 1330crore rupees which is only 14% of the
allocated funds[7]. This shows a very grave concern of not utilizing the funds
which would surely get in the modernization of the police administration,
especially of those in the rural areas.
It is to be determined that uncertainty of Government at state or even at
central level must not hinder the work which is going on in the field of
modernization of police and that the police administration should not be made a
victim of dirty power hungry politics.
End-Notes:
- [Solved] What Is the Full Form of Police? (Testbook) accessed 30 April
2022.
- What Is POLICE? Definition of POLICE (Black's Law Dictionary) (The Law
Dictionary, 4 November 2011) accessed 30 April 2022.
- Prakash Singh Badal & Anr. V. State of Punjab & Ors. Appea(Civil)5636 of
2006.
- Modernisation of State Police Forces (MPF) Scheme | Ministry of Home
Affairs | GoI accessed 30 April 2022.
- Modernisation of State Police Forces (MPF) Scheme | Ministry of Home
Affairs | GoI accessed 30 April 2022.
- Global Report on Trafficking in Persons (United Nations : Office on
Drugs and Crime) accessed 14 April 2022.
- Data on Police Organisations, Bureau of Police Research and Development,
2016, http://bprd.nic.in/WriteReadData/userfiles/file/201701090303068737739DATABOOK2016FINALSMALL09-01-2017.pdf.
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