Need of bifurcating Indian Police system to address the issue of Overburdening of police officers.

 

The police organization in India in its present form is based essentially on the Police Act of 1861, which was legislated “to re-organise the police and to make it a more efficient instrument for the prevention and detection of crime”. It constituted a single homogenous force of civil constabulary for the performance of all duties which could not be assigned to the military arm. After Independence, the Police has been made a State Subject under the Constitution of India (7th schedule, entry 2). Thus, all the states have their own State Police force, primarily required to maintain law and order in the state as well as to control and prevent crime in society. The centre, also regulates Central Armed Police Forces, which assist and aid the states in the emergence of any law and order situation (CISF, BSF, ITBP, SSB, CRPF, NSG). The NIA and IB under the authority of MHA provide for actions against terrorism and internal intelligence inputs. The centre is responsible for policing in the nine Union Territories as well.  It also extends intelligence and financial support to the state police forces.

Now that’s all about ‘what ought to be the role and scheme of division of police forces?’ But in actuality, Police officers are bound to perform numerous roles/ tasks, as and when needed, which has overburdened them. And additional issues within the Police system has added to their underperformance or non-efficient performance. Overburdening and its consequences on Police officers’ duty performance can be reflected in following figures.

Ø  The police population ratio in India i.e., police per lakh persons is 192.95, which is way less than the standard set by UN i.e. 222 police personals per lakh persons.

Ø  The recent Data on Police Organisations (2018) clearly shows that one policeman is responsible to cater the security needs of 518.27 population.

A single Police personnel discharges 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). Each police officer is also responsible for a large segment of people as we can see above, therefore, an average policeman ends up having an enormous workload and long working hours, which negatively affects his efficiency and performance.

 Ø  Crime 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. 

Ø  No. of Cases where Time taken for submitting charge-sheet in IPC crimes during 2017 is more than 2 years: 28909.

While there ought to be a set time for filing charge-sheet and finish investigation, the statistics show more than 2 years are being taken in at least 28909 cases of IPC (as of 2017). This is because the law and order maintenance, providing security, patrolling etc functions of police force do not align with the investigating functions of police; A police person overburdened with multiple roles at the same time cannot ensure sound investigation which in turn leads to delayed filing of charge-sheets, weak prosecution during trial and results in acquittal of the accused in the end. No doubt, why India has a less conviction rate (in rape cases it stands 32% only!)

 Ø  The Total no. of persons who were provided police protection for more than 6 months stood 17,468; and Total no. of police personnel deployed for giving protection to them stood 56,553. (as against the sanctioned strength i.e. 50,683).

The statistics mentioned above are enough to show the picture of ground reality, wherein the role of police giving protection to persons (MLA’S, MP’S, Bureaucrats) seems to be overemphasized than the role of disposing off cases-by investigation, filing timely charge-sheets etc.

Ø  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). Vacancies have been around 24%-25% in state police forces since 2009.

A high percentage of vacancies within the police forces adds to the existing problem of overburdened police personnel.

The vulnerable picture of overburdened Indian Police System, as the part of Indian Criminal justice system, was also observed in initial months of 2020 lockdown (due to Covid-19). Since, the police personnel were shouldered with the additional duty to maintain order and enforce lockdown, it potentially hindered the pace and efficiency of other functions assigned to police, for example lodging and proceeding on FIR’S, investigation, etc. India observed significant rise in domestic abuse cases but, the police- who are the first responders to a crime were overburdened during the pandemic, with additional duties of enforcing curfews and contact tracing possible cases.

What’s the way out?

There is no doubt that Indian Police forces are overburdened and it is high time to take effective measures to reduce the burden of a police person.

On this behalf 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. These functions do not require any special knowledge of policing, and therefore may be performed by other agencies. Along with this, experts have also recommended that states must have their own specialized investigation units within the police force that are responsible for crime investigation.  These units should not ordinarily be diverted for other duties. These recommendations focus on the measures, which will allow the police forces to perform their respective functions efficiently.

Model Police Act, 2006 mentions similar provision. It provides that in police stations of 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.

Bifurcation of Indian Police System, i.e. separation of law and order maintenance wing from investigating wing of police, is another such way to reduce overburdening of Police person. The Supreme Court of India in Prakash Singh vs Union of India, contributed generously to the development of this thought.

• In 1996, a petition was filed by retired IPS officer Prakash Singh which asked the court to issue directions for implementation of recommendations of expert committees.

• In September 2006, the Supreme Court had issued a series of directions to the Centre and States, emphasizing for Police Reforms. Among many others, it included Separation of the investigating police from the law and order police to ensure speedier investigation, better expertise and improved rapport with the people.

• The Supreme court in 2014, held in the same matter that Separation of investigation and law and order is the core to police reforms. The bench headed by Justice T S Thakur said that out of many issues relating to police reforms, this is the most important and it has to be implemented on urgent basis. It expressed concern that its order passed in 2006 on police reforms have not been implemented by the state. The bench also suggested that a special unit be in police force to deal exclusively with serious offences. The Court remarked that, “The formation of two wings is essential for improving the security mechanism of all states. If the wings were separated, many criminals will not get away and the law and order situation will also improve. If the duties were divided, one team of the police can go to the spot as well as maintain law and order in the event of any incident. The other team, meanwhile, can begin investigation without wasting any time".

A recent study by Gujarat National Law University (GNLU) in 2017-2018, titled ‘Study on The Importance of Police Accountability and Its Impact on The Governance of Criminal Justice System in The State of Gujarat,’ observed that it is necessary to separate crime investigators from police who maintain law and order without further delay.

It is evident that time and again the demand for bifurcation of Indian Police has been raised at various levels and by various researchers, scholars, former police officials, etc. This is because, it appears to be the most basic yet, efficient police reform which has the capability to cure many illnesses prevailing in Indian Police System.  It should aim to:

• Demarcate functions of police officers as per their skills and knowledge/experience concerning investigation or maintenance of law order.

•  Reduce burden of performing multiple functions by police officers.

• Ensure efficient investigation, skillful investigation, timely filing of charge-sheets

• Ensure proper investigation which leads to strong prosecution and ensures conviction.

• Further strengthening of Indian criminal justice system, one step at a time.

• Inculcate better and improved response to crime in society.

• Establish/develop relationship of investigating wing with forensic experts and   criminologists or victimologists; and of law and order maintenance wing with volunteer cops/special  police cops/traffic police.

• Reduce executive interference in crime investigation, by limiting the executive reach till law and order maintenance wing.

• Inculcate expertise in investigation-so that no ordinary constabulary is diverted to tackle investigation (having no skill and expertise).

• Develop community policing, community-oriented initiatives to establish law, order and peace by this wing (focus on community projects by law and order maintenance wing).

• Focus on crime prevention by law and order maintenance wing through the means of patrolling, CCTV surveillance, etc.

Finally, it should aim at coordination between both wings but not influence on each other, thus ensuring integrity as well as independence of police force.

 

Conclusion:

Police In India, has a crucial role to play and is considered as the 24×7 ,crime and grievance responding institution in every state/UT. Police system has the prime duty to enforce and implement law and order, proceed for crime investigation, collect evidence for prosecution, prevent the commission of crimes, control any man-made emergency situation, enforce executive and judicial orders, provide security, etc. With such multiple roles to perform police personnel has become overburdened which negatively affects his/her workplace performance, disturbs normal family/social life and reduces efficiency and sensibility in policing. Bifurcation of Police system into investigation wing and law and order wing, with all its advantages and numerous recommendations is one such reform that will improve the police functioning by reducing multiple roles, ensure efficient investigation and prosecution, reduce executive and political influence, better the maintenance of law and order, and ultimately lead to improved image of Indian Police system. In the light of above discussion, it can be concluded that it is the high time for the State(s) to implement these Police reforms which aim at reducing the burden of multiple roles from the shoulders of police officers.

By: Mansi Walia