Concerning the allegedly fake encounter and the police excesses towards the gross violation of human rights, police reform is the epicentre of talking points today. The current style of policing was of a colonial origin dated back to the 1860s to suppress and torture the citizens who were against the British government. Ironically, this style was being followed in post-independence India, and the government has no substantive reform implemented. Although the National Police Commission and Julio Ribeiro committee recommended series of police reform, the government failed to implement the same.
The act of policing and public order happened to
be the State subjects as per the Seventh Schedule of the Indian Constitution,
and the state government can make laws and amend if the government wishes to do
so to reform these outdated laws and regulations. Perhaps, in the current
scenario and with the rise in custodial deaths and torture, police reform is
the need of the hour to hold the police officers accountable in case of any gross
violation of human rights. It is also essential to make it autonomous in its
functioning and to limit the power of political executives in the transfer and
posting of police officers.
However, in a constitutional democracy, a police
force or security force is always placed under the direct command and control
of the political executive. The political executive enjoys the power to
transfer and post the police officers as they like. And the recent incidents of
custodial deaths and questionable encounters is a direct outcome of the
excessive politicization of our police forces. Also, the abuse of powers,
torture and use of force during an investigation by the police force needs to
be done away. So it is on this ground, police reform is the need of the hour to
remind our police force to uphold their ethical values of honesty, integrity
and compassion as they have been taught during their training. In turn, this
will reaffirm their commitment to constitutional values and the rule of law and
to constantly strive towards seeking truth and justice.
In fact, a series of reforms were recommended by
the Supreme Court to help the Indian police shed its colonial hangover and turn
the police force into an efficient force free from politicization. But
unfortunately, most of these recommendations were not implemented by the state
governments. Instead, the government strengthened its power to command and
controlled the police force to the whims and fancies of the political
executive, and it placed them at their mercy. This setup of the arbitrary power
of the political executive must be reformed and limited.
Stressing on reform, the state police functioning lacks
autonomy, and they usually function in a very opaque manner. It also does not
open for any review, or the review could happen internally. However, the public
can't place their faith in such internal accountability. Moreover, the police
department should have independent responsibility, and such heavy
politicization must be limited. Because at the end of the day, the relationship
between the police and the public can only be improved if such reform occurs.
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