Through this petition, we wish to highlight the need for immediate implementation of the directives given by the Hon. Supreme Court in a 2006 judgment in Prakash Singh v Union of India for reforming the Indian Police force. The draconian laws that still govern the structure and functioning of the Indian Police Force are in dire need of reform. Fear and oppression still remain the modus operandi of our police force which is unacceptable in a modern and robust democratic setup of the Indian state. 

Current State:

It is disheartening to read newspapers regularly plagued with displeasing news of atrocities committed by the Indian Police force on the people who they have sworn to protect. A recent report of the National Human Rights Commission (NHRC) reported a staggering 1674 cases of custodial death in merely eleven months during 2017-18, essentially 5 deaths recorded with every passing day. 

The sorry state of the Indian Police force was faced again in the recent case of P. Jeyaraj & Benicks of Tamil Nadu. They were beaten to death by the local police after being jailed for opening their mobile shops in the main market during the Covid-19 induced lockdown. Such instances reveal inherent systemic issues and reveal a face of our “protectors” that we never want to see.

Recent happenings in UP has also increased the oppressive face of Indian Police. Police burning corpse of the victim in Hathras rape case without informing the family members. 125 encounter deaths in the state of UP after the Yogi Government came into power is also alarming.

The actions of the police force are an indicator of the deep-rooted problems within the administrative setup of the country and the society in general. It is high time to put systemic checks on our protectors' powers and stop applauding their unlawful activities. 

A police force of the Victorian Era:

Indian Police Force is an object of the states hence there tend to be several regional variables at play when one talks about the police. Most of the state-level enactments are based on the draconian police act of 1861 under which the behavioural aspects of the police force were irrelevant. 

It is therefore imperative for the Indian state to transform the police force into a modern force providing public service and facilitating security and order in the society. The Supreme Court gave a landmark judgment in 2006 in Prakash Singh V Union of India that gave clear directives to state and union governments necessary to reform the state of the current setup. Several Committees have overseen their implementation and have found disappointing results with several states and UTs yet to appoint senior officers in any of the positions as per the directives of the Supreme Court.

Tough to register complaints against a police officer:

Criminal complaints can be filed against the concerned officers for offenses under the Indian Penal Code, 1860, but there is no mechanism for an independent investigation. As a result, police personnel often refuse to register first information reports against their colleagues.

The safeguard under Section 197 of the Criminal Procedure Code, 1973, is also often misused. This section requires prior sanction from the concerned government when a public servant, which includes a police officer, is accused of any offenses committed in the discharge of official duty. Thus, an independent complaints registration body is required to lodge complaints against the police officers.

Communal Prejudice:

A 2019 report by Common Cause and Center for the Study of Developing Societies titled Status of Policing in India Report found that significant communal and religious bias plagues the mindset of the police force in India. Almost half of the police force believes that Muslims, Dalits, and Migrants are more likely to commit criminal offences and indulge in violent activities. The bulk of the police force has not received any form of training on human rights and tend to be overly insensitive in their behavior with the detainees.    

Harassing Relatives of the accused:

To harass relatives of the accused by the police is a common observation in the Indian context. If the police is unable to catch the absconded accused then the police usually harass the relatives. A recent example of Chand Mohammad's brother's detention in the case of Namaz offering in Mathura's temple testifies the fact of the police harassing relatives.

Demands - 

To instil accountability in the Indian Police, our primary demand is the complete adoption of the directives given by the Supreme Court of India in 2006. As of writing, none of the states have fully adopted the directives. The directives have been given below,

Directive 1 - Constitute a State Security Commission to ensure that the states do not exercise unwarranted influence or pressure on the police

Directive 2 - Ensure that the DGP is appointed through merit-based transparent process & secure a minimum tenure of two years

Directive 3 - Ensure that other police officers on operational duties are also provided minimum tenure of two years

Directive 4 - Separate the investigation and law-and-order functions of the police

Directive 5 - Set up a Police Establishment Board to decide transfers, postings, promotions and other service-related matters of police officers

Directive 6 - Set up a Police Complaints Authority at state and district levels to inquire into public complaints against police officers of and above the rank of Deputy Superintendent of Police [below the rank for districts] in cases of serious misconduct, including custodial death, rape in police custody

Directive 7 - Set up a National Security Commission at the union level to prepare a panel for selection and placement of Chiefs of the Central Police Organizations (CPO) with a minimum tenure of two years

Inclusion of mandatory sensitivity training in the police training program. A properly administered training program could help the personnel understand the different sections of society better, aiding them in better law enforcement.

Formation of a committee for reviewing the Police Act 1861 and making suggestions based on the present context of the nation.