Discovery of Metteyya the Awakened One with Awareness Universe
BUDDHA’S own Words
668, 5A main Road, 8th Cross, HAL 3rd Stage, Bengaluru-
Karnataka State -India
details
Reform in Police Force which is Essential along with Reforms in Police
Governing Laws with a New Post of Separate Investigator in Police not
only in our country but throughout the world for Discovery of Awakened
One with Awareness Universe.
- While
state police forces are responsible for maintaining law and order and
investigating crimes, central forces assist them with intelligence and
internal security challenges (e.g., insurgencies). Expenditure on police
accounts for about 3% of the central and state government budgets.
24% vacancies in state forces; 7% in central forces
Sources: Bureau of Police Research and Development; PRS.
-
2) An overburdened police force
- State
police forces had 24% vacancies (about 5.5 lakh vacancies) in January
2016. Hence, while the sanctioned police strength was 181 police per
lakh persons in 2016, the actual strength was 137 police. Note that the
United Nations recommended standard is 222 police per lakh persons.
of the state police comprises of constabulary. Constables are typically
promoted once during their service, and normally retire as head
constables. This could weaken their incentive to perform well.
per lakh population has increased by 28% over the last decade
(2005-2015). However, convictions have been low. In 2015, convictions
were secured in 47% of the cases registered under the Indian Penal Code,
1860. The Law Commission has observed that one of the reasons behind
this is the poor quality of investigations.
3) Improving police infrastructure
- CAG
audits have found shortages in weaponry with state police forces. For
example, Rajasthan and West Bengal had shortages of 75% and 71%
respectively in required weaponry with the state police.
- The
Bureau of Police Research and Development has also noted a 30.5%
deficiency in stock of required vehicles (2,35,339 vehicles) with the
state forces.
- However,
funds dedicated for modernisation of infrastructure are typically not
utilised fully. For example, in 2015-16, only 14% of such funds were
used by the states.
4) Holding police accountable
- Police
has the power to investigate crimes, enforce laws and maintain law and
order in a state. To ensure that such power is only used for legitimate
purposes, various countries have adopted safeguards such as making
police accountable to the political executive and creating independent
oversight authorities.
- In
India, the political executive (i.e., ministers) has the power of
superintendence and control over the police forces to ensure their
accountability. However, the Second Administrative Reforms Commission
has noted that this power has been misused, and ministers have used
police forces for personal and political reasons. Hence, experts have
recommended that the scope of the political executive’s power must be
limited under law.
Under the Constitution, police is a subject governed by states.
Therefore, each of the 29 states have their own police forces. The
centre is also allowed to maintain its own police forces to assist the
states with ensuring law and order.
Therefore, it maintains seven central police forces and some other
police organisations for specialised tasks such as intelligence
gathering, investigation, research and record-keeping, and training.
The
primary role of police forces is to uphold and enforce laws,
investigate crimes and ensure security for people in the country. In a
large and populous country like India, police forces need to be
well-equipped, in terms of personnel, weaponry, forensic, communication
and transport support, to perform their role well. Further, they need
to have the operational freedom to carry out their responsibilities
professionally, and satisfactory working conditions (e.g., regulated
working hours and promotion opportunities), while being held accountable
for poor performance or misuse of power.
This
report provides an overview of police organisation in India, and
highlights key issues that affect their functioning. Note that the
Standing Committee on Home Affairs is also examining two subjects
related to organisation and functioning of central and state police
forces: (i) “Roadmap for implementation of Police Reforms”, and (ii)
“Central Armed Police Forces/ Organisations”.
RESPONSIBILITIES OF CENTRE AND STATES
The
Constitution provides for a legislative and executive division of
powers between centre and states. With regard to police, some of the
key matters regulated by centre and states are illustrated in Figure 2.
Figure 1: Responsibilities of centre and states with regard to police
Sources: Schedule 7 and Article 355, Constitution of India, 1950; PRS.
The
responsibilities of the state and central police forces are different.
State police forces are primarily in charge of local issues such as
crime prevention and investigation, and maintaining law and order.
While they also provide the first response in case of more intense
internal security challenges (e.g., terrorist incident or
insurgency-related violence), the central forces are specialised in
dealing with such conflicts. For example, the Central Reserve Police
Force is better trained to defuse large-scale riots with least damage to
life and property, as compared to local police. Further, the central
forces assist the defence forces with border protection.
The
centre is responsible for policing in the seven union territories. It
also extends intelligence and financial support to the state police
forces.
Box 1: Overview of crime in India
In
2015, National Crime Records Bureau recorded over 73 lakh complaints of
cognizable crimes. Cognizable crimes are relatively serious offences
for which police officers do not need a warrant from the magistrate to
investigate, such as murder and rape. Between 2005 and 2015, crime rate
(i.e., crime per lakh population) for cognizable crimes has increased
by 28% from 456 complaints per lakh persons to 582 per lakh persons.
This has been primarily because of increase in crime rates of
alcohol-prohibition crime, theft, kidnapping and abduction, crimes
against women and cheating.
Crime rate for various kinds of crimes under the Indian Penal Code, 1860 and some special laws (per lakh population)
Note:
Crime rate for crimes against women (e.g., rape, cruelty by husband or
his relatives, insulting modesty of a woman) is calculated per lakh
population of women.
Sources: National Crime Records Bureau; PRS.
OVERVIEW OF POLICE ORGANISATION AND FUNCTIONING
State Police Forces
Police
forces of the various states are governed by their state laws and
regulations. Some states have modelled their laws on the basis of a
central law, the Police Act, 1861.
States also have their police manuals detailing how police of the state
is organised, their roles and responsibilities, records that must be
maintained, etc.
Hierarchy and organisation
State
police forces generally have two arms: civil and armed police. The
civil police is responsible for day-to-day law and order and crime
control. Armed police is kept in reserve, till additional support is
required in situations like riots. In this section, we discuss how
civil police is organised in the country.
Civil
police forces broadly adhere to the hierarchical structure shown in
Figure 2. Every state is divided into various field units for the
purpose of effective policing: zones, ranges, districts, sub-divisions
or circles, police stations and outposts. For instance, a state will
comprise of two or more zones, each zone will comprise two or more
ranges, and ranges will be sub-divided into the other field units in a
similar manner. The key field units in this setup are the police
district and the police station.
Figure 2: Hierarchy of state police
Sources: Bureau of Police Research and Development; Commonwealth Human Rights Initiative; PRS.
A
police district is an area declared so by the state government. It is
considered the most important supervisory and functional unit of police
administration because the officer in charge of the district (i.e.
Superintendent of Police or SP) has operational independence in matters
relating to internal management of the force and carrying out of law and
order duties.7
A
police station (typically headed by an Inspector or Sub-Inspector) is
the basic unit of police functioning. It is engaged with: (i)
registration of crimes, (ii) local patrolling, (iii) investigations,
(iv) handling of various law and order situations (e.g., demonstrations
and strikes), (v) intelligence collection, and (vi) ensuring safety and
security in its jurisdiction. A police station may have several police
outposts for patrolling and surveillance. Generally, the state
government in consultation with the head of the state police force (i.e.
Director General of Police or DGP) may create as many police stations
with police outposts in a district as necessary, in line with the
population of the district, the area, the crime situation and the work
load.
Figure 3: Increase in strength of state police forces (1951-2011)
Note: Police per lakh population has been calculated using data for strength of police and population for the respective years.
Sources: Commonwealth Human Rights Initiative; Census of India; PRS.
As of January 2016, the sanctioned strength of the state police forces stood at 22,80,691.
Note that the bulk of this force was the constabulary (i.e. 86% are
head constables and constables), 13% belonged to the upper subordinate
ranks (i.e. Inspector to Assistant Sub-Inspector), and 1% to the
officers’ ranks (DGP to the Deputy SP). Over the last six decades, the
overall strength of the state forces has increased substantially. As
Figure 3 shows, police strength rose from 130 per lakh population to 141
per lakh population between 1951 and 2001, at an average growth rate of
2% per decade. This further increased by 21% to 171 per lakh
population between 2001 and 2011.
Superintendence of the executive
The state government exercises control and superintendence over the state police forces. At the district level, the District Magistrate (DM) may also give directions to the SP and supervise police administration. This is called the dual system of control (as authority is vested in both the DM and SP) at the district level.
In
some metropolitan cities and urban areas, however, the dual system has
been replaced by the Commissionerate system to allow for quicker
decision-making in response to complex law and order situations. As of
January 2016, 53 cities had this system such as Delhi, Ahmedabad and
Kochi.8
Table 1: Differences between the dual system of control and the commissionerate system
|
Dual system |
Commissionerate system (53 cities) |
|
· Dual · Separation · SP is assisted by Additional/Assistant/ Deputy SPs, Inspectors and constabulary. |
· Unified · Powers · Commissioner |
Sources: Bureau of Police Research and Development; PRS.
Recruitment and Training
Direct
recruitment within the state police forces takes place at three levels:
(i) Constables, (ii) Sub-Inspectors, and (iii) Assistant or Deputy SPs.3
The state governments are responsible for recruiting police personnel
directly to the ranks of Constables, Sub-Inspectors and Deputy SPs. The
central government recruits Indian Police Service (IPS) officers for
the rank of Assistant SP. IPS is an All India Service created under the
Constitution.
Vacancies at other positions (as well as at the ranks of Sub-Inspector
and Assistant/ Deputy SPs) may be filled up through promotions.
Figure 4: Expenditure by states on police over the last decade
Note: Includes expenditure on union territories.
Sources: Bureau of Police Research and Organisation; PRS.
Training
of the police forces is carried out in various kinds of state training
institutes. For example, states have: (i) apex institutes to train
officers (i.e., Deputy or Assistant SP and above rank personnel), (ii)
police training schools for subordinate ranks and the constabulary, and
(iii) specialized schools for specific police units like traffic,
wireless and motor vehicle driving. In addition, some national training
institutes run courses for capacity building of state forces (e.g.,
Central Detective Training Schools in Kolkata, Hyderabad, Chandigarh,
Ghaziabad and Jaipur).7
Expenditure
In
2015-16, states (excluding union territories) spent Rs 77,487 crore on
state police forces, including on salaries, weaponry, housing and
transport.8 Bulk of this expenditure was on revenue items, like salaries, because police is a personnel-heavy force.
Expenditure on police formed 3% of the total budget for states (i.e. Rs
27,20,716 crore). On an average, in the last decade expenditure on
police has been increasing at a rate of 15% per year, though the annual
growth has fluctuated widely (4% in 2012-13, 30% in 2009-10).
Table 2: State-wise expenditure on police (as % state budget)
|
Below 2% |
2%-5% |
Above 5% |
|||
|
Name |
% of State Budget |
Name |
% of State Budget |
Name |
% of State Budget |
|
Odisha |
1.1% |
Andhra Pradesh |
2.1% |
Jammu & Kashmir |
5.2% |
|
Gujarat |
1.7% |
Kerala |
2.2% |
Punjab |
5.8% |
|
Karnataka |
1.8% |
Uttarakhand |
2.7% |
Nagaland |
7.2% |
|
Himachal Pradesh |
1.9% |
Chhattisgarh |
2.7% |
Manipur |
8.7% |
|
Telangana |
1.9% |
Assam |
2.8% |
|
|
|
Madhya Pradesh |
1.9% |
Rajasthan |
2.9% |
|
|
|
|
|
Maharashtra |
3.0% |
|
|
|
|
|
Haryana |
3.1% |
|
|
|
|
|
Tamil Nadu |
3.1% |
|
|
|
|
|
West Bengal |
3.4% |
|
|
|
|
|
Uttar Pradesh |
3.4% |
|
|
|
|
|
Bihar |
4.0% |
|
|
|
|
|
Meghalaya |
4.2% |
|
|
|
|
|
Sikkim |
4.8% |
|
|
|
|
|
Mizoram |
4.8% |
|
|
|
|
|
Tripura |
4.9% |
|
|
Note: Data for union territories has not been included.
Sources: Bureau of Police Research and Development; PRS.
|
Box 2: Overview of internal security situation In
Sources: South Asia Terrorism Portal; PRS. |
Central Police Forces
The
centre maintains various central armed police forces and paramilitary
forces, of which four guard India’s borders, and three perform
specialised tasks. These are:
Assam Rifles (AR): Guards India’s borders with Myanmar.
Border Security Force (BSF): Guards India’s borders with Pakistan and Bangladesh.
Indo Tibetan Border Police Force (ITBP): Guards the border with China.
Sashastra Seema Bal (SSB): Guards India’s borders with Nepal and Bhutan.
Central Industrial Security Force (CISF):
Provides security to critical infrastructure installations, such as
airports, atomic power plants, defence production units and oil fields.
Central Reserve Police Force (CRPF): Deployed for law and order, counter-insurgency, anti-naxal and communal violence operations.
National Security Guards (NSG):
Specialised in carrying out counter-terrorism, counter-hijacking and
hostage-rescue operations. In addition, it provides VIP security and
security for important events.
Note
that the border-guarding forces are occasionally deployed for
counter-insurgency operations and internal security duties as well.
Figure 5: Sanctioned strength of central forces in 2016, compared with strength in 2006
* Strength of NSG in 2006 is not available.
Sources: Bureau of Police Research and Development; PRS.
The total sanctioned strength of the seven central police forces is about 9.7 lakh personnel.8
Of these, the largest forces are the CRPF (3 lakh personnel), the BSF
(2.6 lakh) and the CISF (1.4 lakh). As seen in Figure 5, the sanctioned
strength of the central police forces (excluding the NSG, data for
which was unavailable) has increased by 37% over the last decade
(2006-2016). The ITBP (146% increase) and the SSB (100% increase) have
experienced the maximum increase in this period.
Expenditure
on the central forces has also been increasing at an average annual
rate of 15% over the years (2005-06 to 2015-16). In 2015-16, the centre
spent Rs 43,870 crores on the central forces, with the maximum share
going to the three largest forces (CRPF: 33%, BSF: 26% and CISF: 13%).8
The centre also maintains several police organisations. Key organisations include:
Intelligence Bureau (IB):
The IB is the central intelligence agency for all matters related to
internal security, including espionage, insurgency and terrorism.
Central Bureau of Investigation (CBI): The
CBI is an investigating agency set up under the Delhi Special Police
Establishment Act, 1946. It is responsible for investigating serious
crimes having all India or inter-state ramifications, such as those
related to corruption, financial scams and serious fraud and organised
crime (e.g., black marketing and profiteering in essential
commodities). Typically, the CBI takes up an investigation: (i) on the
order of the central government with the consent of state government,
and (ii) on the order of the Supreme Court and High Courts.[15]
National Investigation Agency (NIA):
The NIA is an investigating agency set up under the National
Investigation Agency Act, 2008. It is responsible for investigating
offences against the sovereignty, security and integrity of the country
punishable under eight specified laws, such as the Unlawful Activities
(Prevention) Act, 1967 and the Anti-Hijacking Act, 1982. NIA takes up
an investigation on the order of the central government, either on the
request of a state government or suo moto (i.e. on the central
government’s own authority).
National Crime Records Bureau (NCRB):
The NCRB is an institution that collects and maintains records on crime
across the country. It coordinates and disseminates this information
to various states, investigating agencies, courts and prosecutors. It
also functions as the national storehouse for fingerprint records of
convicted persons.
Bureau of Police Research and Development (BPRD):
The BPRD was set up with the mandate to identify the needs and problems
of the police forces in the country. Its responsibilities include: (i)
promoting use of science and technology in police work, (ii) monitoring
and assisting with the training needs of police forces, (iii) assisting
state police forces with modernization, and (iv) assisting the centre
in developing quality standards with respect to police equipment and
infrastructure.
Training Academies:
Two key national training academies that come under the central
government are the Sardar Vallabhbhai Patel National Police Academy and
the North Eastern Police Academy. The Sardar Vallabhbhai Patel National
Police Academy in Hyderabad is responsible for conducting training
courses for IPS officers, and for trainers of various police training
institutions in the country. The North Eastern Police Academy in
Meghalaya is responsible for training police personnel of the north east
states.
______________________________
ANNEXURE
Directions of the Supreme Court in Prakash Singh vs Union of India
Context:
In 1996, a petition was filed before the Supreme which stated that the
police abuse and misuse their powers. It alleged non-enforcement and
discriminatory application of laws in favour of persons with clout, and
also raised instances of unauthorised detentions, torture, harassment,
etc. against ordinary citizens. The petition asked the court to issue
directions for implementation of recommendations of expert committees.
Directions: In September 2006, the court issued various directions to the centre and states including:
- Constitute
a State Security Commission in every state that will lay down policy
for police functioning, evaluate police performance, and ensure that
state governments do not exercise unwarranted influence on the police.
- Constitute
a Police Establishment Board in every state that will decide postings,
transfers and promotions for officers below the rank of Deputy
Superintendent of Police, and make recommendations to the state
government for officers of higher ranks.
- Constitute
Police Complaints Authorities at the state and district levels to
inquire into allegations of serious misconduct and abuse of power by
police personnel.
- Provide
a minimum tenure of at least two years for the DGP and other key police
officers (e.g., officers in charge of a police station and district)
within the state forces, and the Chiefs of the central forces to protect
them against arbitrary transfers and postings.
- Ensure
that the DGP of state police is appointed from amongst three
senior-most officers who have been empanelled for the promotion by the
Union Public Service Commission on the basis of length of service, good
record and experience.
- Separate
the investigating police from the law and order police to ensure
speedier investigation, better expertise and improved rapport with the
people.
- Constitute
a National Security Commission to shortlist the candidates for
appointment as Chiefs of the central armed police forces.
Implementation:
According to a report of the NITI Aayog (2016), of 35 states and UTs
(excluding Telangana), State Security Commissions had been set up in all
but two states, and Police Establishments Boards in all states.31
The two states in which the State Security Commissions were not set up
by August 2016 were Jammu and Kashmir and Odisha. Note that the report
also found that the composition and powers of the State Security
Commissions and the Police Establishment Boards were at variance with
the Supreme Court directions. For example, in states such as Bihar,
Gujarat and Punjab, the State Security Commission were dominated by
government and police officers. Further, many of these Commissions did
not have the power to issue binding recommendations.
Model Police Act, 2006
Key features of the Model Police Act, 2006 include:
- Organisation and recruitment:
Each state will have one police service, which shall be headed by the
DGP. Direct recruitments to subordinate ranks (i.e. below Deputy SP)
will be made through a state level Police Recruitment Board.
Recruitment to officers’ ranks will be through the Union Public Service
Commission or State Public Service Commission.
- Responsibilities:
The responsibilities of the police serve will include: (i) enforcing
the law impartially, and protecting life, liberty and human rights, (ii)
preserving public order, and preventing terrorist, militant and other
activities affecting internal security, (iii) protecting public
properties, (iv) preventing and investigating crimes, (v) providing help
in natural or man-made disasters, (vi) collecting intelligence, etc.
In police stations in urban areas and crime prone rural areas,
investigation of heinous and economic crimes (e.g., murder, serious
cases of cheating) will be carried out by a Special Crime Investigation
Unit, headed by an officer at least of the rank of a Sub-Inspector.
Officers of these units will generally not be diverted for any other
duty.
- Accountability:
The state government will exercise superintendence over the police
service. This will include laying down policies and guidelines, setting
standards for quality policing, and ensuring that the police perform
their duties in a professional manner. State Police Boards will be
constituted in each state to frame guidelines, select officers who are
qualified to be promoted to rank of DGP, and evaluate police
performance. Police Accountability Commissions will also be set up by
states to address complaints of police misconduct. However key police
functionaries (e.g., DGP and police station in charge) will have a
minimum tenure of two years unless they have been convicted by a court,
or suspended from service, etc.
- Service Conditions:
The state government will ensure that the average hours of duty of a
police officer do not exceed 8 hours (in exceptional situations, 12
hours). Adequate insurance coverage will also be provided to personnel
against any injury disability or death caused in line of duty. A Police
Welfare Board must also be set up to administer and monitor welfare
measures for police, including medical assistance, group housing, and
legal aid for officers facing court proceedings.
SOME ISSUES
Figure 6: Expert bodies that have examined police reforms
Source: PRS.
Various expert bodies have examined issues with police organisation and functioning over the last few decades. In this section, we discuss some of these issues.
Police accountability
Police
forces have the authority to exercise force to enforce laws and
maintain law and order in a state. However, this power may be misused
in several ways. For example, in India, various kinds of complaints are
made against the police including complaints of unwarranted arrests,
unlawful searches, torture and custodial rapes.3,
To check against such abuse of power, various countries have adopted
safeguards, such as accountability of the police to the political
executive, internal accountability to senior police officers, and
independent police oversight authorities.
Accountability to the political executive vs operational freedom
Both
the central and state police forces come under the control and
superintendence of the political executive (i.e., central or state
government).9,
The Second Administrative Reforms Commission (2007) has noted that this
control has been abused in the past by the political executive to
unduly influence police personnel, and have them serve personal or
political interests.
This interferes with professional decision-making by the police (e.g.,
regarding how to respond to law and order situations or how to conduct
investigations), resulting in biased performance of duties.20
To
allow the police greater operational freedom while ensuring
accountability, various experts have recommended that the political
executive’s power of superintendence over police forces be limited.
The Second Administrative Reforms Commission has recommended that this
power be limited to promoting professional efficiency and ensuring that
police is acting in accordance with law.22
Alternatively the National Police Commission (1977-81) suggested that
superintendence be defined in the law to exclude instructions that
interfere with due process of law, or that influence operational
decisions, or that unlawfully influence police personnel transfers,
recruitments, etc. The Supreme Court has also issued directions to states and the centre in 2006 in this regard.
Independent Complaints Authority
The
Second Administrative Reforms Commission and the Supreme Court have
observed that there is a need to have an independent complaints
authority to inquire into cases of police misconduct.22,25
This may be because the political executive and internal police
oversight mechanisms may favour law enforcement authorities, and not be
able to form an independent and critical judgement.20
For
example, the United Kingdom has an Independent Office for Police
Conduct, comprising of a Director General appointed by the crown, and
six other members appointed by the executive and the existing members,
to oversee complaints made against police officers.
Another example is that of the New York City Police which has a
Civilian Complaint Review Board comprising of civilians appointed by
local government bodies and the police commissioner to investigate into
cases of police misconduct.
India
has some independent authorities that have the power to examine
specific kinds of misconduct. For example, the National or State Human
Rights Commission may be approached in case of human rights violations,
or the state Lokayukta may be approached with a complaint of corruption.
However,
the Second Administrative Reforms Commission has noted the absence of
independent oversight authorities that specialise in addressing all
kinds of police misconduct, and are easily accessible.22
In light of this, under the Model Police Act, 2006 drafted by the
Police Act Drafting Committee (2005), and the Supreme Court guidelines
(2006), states are required to set up state and district level
complaints authorities.
|
Model Police Act, 2006 The Sources: Model Police Act, 2006; Unstarred Question No. 1451, Lok Sabha, May 3, 2016; PRS. |
The
Model Police Act requires state authorities to have five members: a
retired High Court Judge, a retired police officer of the rank of DGP
from another state cadre, a retired officer with public administration
experience from another state, a civil society member and a person with
at least 10 years of experience as a judicial officer or lawyer or legal
academic. It also requires district level authorities to have retired
judges, police officers, practising lawyers, etc.
Note
that of 35 states and UTs (excluding Telangana), two states had not
made laws or issued notifications regarding setting up of the police
complaints authorities (i.e., Jammu and Kashmir and Uttar Pradesh) as of
August 2016.
Among the remaining states, some had not set up a state authority, and
several had not set up district level authorities. A report of the NITI
Aayog also shows that the composition of these authorities is at
variance with the Model Police Act, 2006 and the Supreme Court
directions.31 For example, district level authorities in Bihar and Gujarat only have government and police officials.31 Further, in many states complaints authorities do not have the power to issue binding recommendations.31
Vacancies and an overburdened force
Currently
there are significant vacancies within the state police forces and some
of the central armed police forces. As of January 2016, the total
sanctioned strength of state police forces across India was 22,80,691,
with 24% vacancies (i.e. 5,49,025 vacancies).8 Vacancies have been around 24%-25% in state police forces since 2009.
States with the highest vacancies in 2016 were Uttar Pradesh (50%),
Karnataka (36%), West Bengal (33%), Gujarat (32%) and Haryana (31%) (see
Table 5 in the Annexure).
In the same year, the total sanctioned strength of the seven central police forces was 9,68,233.8
7% of these posts (i.e. 63,556 posts) were however lying vacant.
Sashastra Seema Bal (18%), Central Industrial Security Force (10%),
Indo-Tibetan Border Police (9%) and National Security Guards (8%) had
relatively high vacancies. Vacancies in the central police forces have
been in the range of 6%-14% since 2007.32
Table 3: Strength and vacancies in central armed police forces (as on January 1, 2016)
|
|
Sanctioned Strength |
Actual |
Vacancies |
% Vacancies |
|
Central Reserve Police Force |
3,08,862 |
2,94,496 |
14,366 |
5% |
|
Border Security Force |
2,56,831 |
2,48,811 |
8,020 |
3% |
|
Central Industrial Security Force |
1,42,250 |
1,27,638 |
14,612 |
10% |
|
Sashastra Seema Bal |
94,065 |
76,768 |
17,297 |
18% |
|
Indo-Tibetan Border Police |
89,430 |
81,814 |
7,616 |
9% |
|
Assam Rifles |
66,411 |
65,647 |
764 |
1% |
|
National Security Guards |
10,384 |
9,503 |
881 |
8% |
|
All India |
9,68,233 |
9,04,677 |
63,556 |
7% |
Sources: Data on Police Organisations 2016, Bureau of Police Research and Development; PRS.
A
high percentage of vacancies within the police forces exacerbates an
existing problem of overburdened police personnel. Police personnel
discharge a range of functions related to: (i) crime prevention and
response (e.g., intelligence collection, patrolling, investigation,
production of witnesses in courts), (ii) maintenance of internal
security and law and order (e.g., crowd control, riot control,
anti-terrorist or anti-extremist operations), and (iii) various
miscellaneous duties (e.g., traffic management, disaster rescue and
removal of encroachments).22
Each police officer is also responsible for a large segment of people,
given India’s low police strength per lakh population as compared to
international standards. While the United Nations recommended standard
is 222 police per lakh persons, India’s sanctioned strength is 181
police per lakh persons.8,
After adjusting for vacancies, the actual police strength in India is
at 137 police per lakh persons. Therefore, an average policeman ends up
having an enormous workload and long working hours, which negatively
affects his efficiency and performance.7,33
The
Second Administrative Reforms Commission has recommended that one way
to reduce the burden of the police forces could be to outsource or
redistribute some non-core police functions (such as traffic management,
disaster rescue and relief, and issuing of court summons) to government
departments or private agencies.22
These functions do not require any special knowledge of policing, and
therefore may be performed by other agencies. This will also allow the
police forces to give more time and energy to their core policing
functions.
Constabulary related issues
Qualifications and training:
The constabulary constitutes 86% of the state police forces. A
constable’s responsibilities are wide-ranging, and are not limited to
basic tasks. For example, a constable is expected to exercise his own
judgement in tasks like intelligence gathering, and surveillance work,
and report to his superior officers regarding significant developments.
He assists with investigations, and is also the first point of contact
for the public. Therefore, a constable is expected to have some
analytical and decision-making capabilities, and the ability to deal
with people with tact, understanding and firmness.
The
Padmanabhaiah Committee and the Second Administrative Reforms
Commission have noted that the entry level qualifications (i.e.
completion of class 10th or 12th in many states) and training of constables do not qualify them for their role.22 One of the recommendations made in this regard has been to raise the qualification for entry into the civil police to class 12th or graduation.22,
It has also been recommended that constables, and the police force in
general, should receive greater training in soft skills (such as
communication, counselling and leadership) given they need to deal with
the public regularly.22
Promotions and working conditions:
The Second Administrative Reforms Commission has further noted that the
promotion opportunities and working conditions of constables are poor,
and need to be improved.22
Generally a constable in India can expect only one promotion in his
lifetime, and normally retires as a head constable, which weakens his
incentive to perform well. This system may be contrasted with that in
the United Kingdom, where police officers generally start as constables
and progress through each rank in order.
Further, in India sometimes superiors employ constables as orderlies to
do domestic work, which erodes their morale and motivation, and takes
them away from their core policing work. The Commission recommended
that the orderly system be abolished across states.22,
Housing:
Importance of providing housing to the constabulary (and generally to
the police force) to improve their efficiency and incentive to accept
remote postings has also been emphasised by expert bodies, such as the
National Police Commission.
This is because in remote and rural areas, private accommodation may
not be easily available on rent. Even in metropolitan areas, rents may
be prohibitively high, and adequate accommodation may not be available
in the immediate vicinity of the police stations affecting their
operational efficiency.
Crime investigation
A
core function of the state police forces and some central police
agencies like the CBI is crime investigation. Once a crime occurs,
police officers are required to record the complaint, secure the
evidence, identify the culprit, frame the charges against him, and
assist with his prosecution in court so that a conviction may be
secured. In India, crime rate has increased by 28% over the last
decade, and the nature of crimes is also becoming more complex (e.g.,
with emergence of various kinds of cybercrimes and economic fraud).19
Conviction rates (convictions secured per 100 cases) however have been
fairly low. In 2015, the conviction rate for crimes recorded under the
Indian Penal Code, 1860 was 47%.19 The Law Commission has observed that one of the reasons behind this is the poor quality of investigations.
Crime
investigation requires skills and training, time and resources, and
adequate forensic capabilities and infrastructure. However, the Law
Commission and the Second Administrative Reforms Commission have noted
that state police officers often neglect this responsibility because
they are understaffed and overburdened with various kinds of tasks.22,38
Further, they lack the training and the expertise required to conduct
professional investigations. They also have insufficient legal
knowledge (on aspects like admissibility of evidence) and the forensic
and cyber infrastructure available to them is both inadequate and
outdated. In light of this, police forces may use force and torture to
secure evidence. Further, while crime investigations need to be fair
and unbiased, in India they may be influenced by political or other
extraneous considerations. In light of these aspects, experts have
recommended that states must have their own specialized investigation
units within the police force that are responsible for crime
investigation.3, These units should not ordinarily be diverted for other duties.
|
Underreporting of crime in India The An Sources: |
With
regard to forensic infrastructure in the country, it may be noted that
currently India has seven Central Forensic Science Laboratories, 30
State Laboratories, 50 Regional Laboratories and 144 District Mobile
Laboratories.
These laboratories conduct scientific analysis of ballistics, bodily
fluids, computer records, documents, explosives, fingerprints, narcotics
and voice identification, among other things. Expert bodies have however said that these laboratories are short of funds and qualified staff.22 Further, there is indiscriminate referencing of cases to these labs resulting in high pendency.22
Police infrastructure
Modern
policing requires a strong communication support, state-of-art or
modern weapons, and a high degree of mobility. The CAG and the BPRD
have noted shortcomings on several of these fronts.
Weaponry:
The CAG has found that weaponry of several state police forces is
outdated, and the acquisition process of weapons slow, causing a
shortage in arms and ammunition.
An audit of the Rajasthan police force (2009 to 2014) concluded that
there was a shortage of 75% in the availability of modern weapons
against the state’s own specified requirements.
The same audit also found that even when weapons were procured, a large
proportion of them (59%) were lying idle because they had not been
distributed to the police stations. Similar audits in West Bengal and
Gujarat found shortages of 71% and 36% respectively in required
weaponry.
Police vehicles: Audits have noted that police vehicles are in short supply.42
New vehicles are often used to replace old vehicles, and there is a
shortage of drivers. This affects the response time of the police, and
consequently their effectiveness. As of January 2015, state forces had a
total of 1,63,946 vehicles, marking a 30.5% deficiency against the
required stock of vehicles (2,35,339 vehicles).
Police Telecommunication Network (POLNET):
The POLNET project was initiated by the central governed in 2002 to
connect the police and paramilitary forces of the country through a
satellite based communication network, that will be significantly faster
than the existing system of radio communications. However, audits have
found that the POLNET network is non-functional in various states.42,44,
For example, an audit of the Gujarat police force reported that the
network had not been operationalised till October 2015 due to
non-installation of essential infrastructure, such as remote subscriber
units and generator sets. The audit also noted that there were 40%-50%
vacancies in key segments of trained personnel, such as radio operators
and technicians, needed to operate the equipment.44
Figure 7: Utilisation of funds for modernisation (%)
Sources: Bureau of Police Research and Development; PRS.
Underutilisation of funds for modernisation:
Both centre and states allocate funds for modernisation of state police
forces. These funds are typically used for strengthening police
infrastructure, by way of construction of police stations, purchase of
weaponry, communication equipment and vehicles. However, there has been
a persistent problem of underutilisation of modernisation funds.32
For example, in 2015-16, the centre and states allocated Rs 9,203 crore
for modernisation. However, only 14% of it was spent. Figure 10 shows
trend of underutilisation of funds between 2009-10 and 2015-16.
Police-public relations
Police
requires the confidence, cooperation and support of the community to
prevent crime and disorder. For example, police personnel rely on
members of the community to be informers and witnesses in any crime
investigation. Therefore, police-public relations is an important
concern in effective policing. The Second Administrative Reforms
Commission has noted that police-public relations is in an
unsatisfactory state because people view the police as corrupt,
inefficient, politically partisan and unresponsive.22
One
of the ways of addressing this challenge is through the community
policing model. Community policing requires the police to work with the
community for prevention and detection of crime, maintenance of public
order, and resolving local conflicts, with the objective of providing a
better quality of life and sense of security. It may include patrolling
by the police for non-emergency interactions with the public, actively
soliciting requests for service not involving criminal matters,
community based crime prevention and creating mechanisms for grassroots
feedback from the community. Various states have been experimenting
with community policing including Kerala through ‘Janamaithri Suraksha
Project’, Rajasthan through ‘Joint Patrolling Committees’, Assam through
‘Meira Paibi’, Tamil Nadu through ‘Friends of Police’, West Bengal
through the ‘Community Policing Project’, Andhra Pradesh through
‘Maithri and Maharashtra through ‘Mohalla Committees’.18,22
|
Examples of community policing in India Janamaithri Suraksha in Kerala This Meira Paibi (Torch-bearers) in Assam The Sources: Model Police Manual, Bureau of Police Research and Development; Kerala Police Website; PRS. |