Police
Reforms
Police
Reforms: Too Important to Neglect, Too Urgent to Delay
EMINENT
CITIZENS CALL FOR POLICE REFORM
The
events that recently transpired in Mumbai were horrific and
tragic. As the Prime Minister pointed out in his speech to the
nation on November 27, police reforms need to be undertaken
if we are to effectively address threats to national integrity.
It must be recognized that reforming our police so that they
are a professionalized service that is not misused for partisan
purposes is central to ensuring basic security and combating
terror. Doing so will ensure that protecting all Indians is
the first priority of law enforcement and the foundation for
good governance. Although such reforms have been discussed for
years without much progress, we urge all politicians in the
aftermath of Mumbai to finally acknowledge that police reforms
are too important to neglect and too urgent to delay.
Indians are very angry. They are angry that there are people
in this world that wish to harm innocent persons with their
mindless violence. They are angry that those tasked with protecting
them have failed miserably in that effort. And they are angry
that politicians of all parties have wilfully allowed policing
to deteriorate to a point where it cannot provide citizens protection
in ordinary circumstances let alone in emergencies. Fighting
terrorism and other crime is not possible on the basis of a
foundationally weak and compromised police service that is used
as a private handmaiden rather than as a truly independent public
service. The present situation stems from three major factors:
-
Undue and illegitimate political interference
in all aspects of policing;
-
Neglect by governments of the poor conditions
of the constabulary. Examples include corrupt recruitment
procedures, faulty and misdirected training, bad management,
abysmal pay and inadequate equipment and infrastructure;
-
A lack of accountability for the performance
of everyday duties like crime prevention and investigation,
as well as for wrongdoing, bias, and corruption.
Reforming
the police swiftly is entirely possible. Clear and practical
recommendations, valid even today, were made by the National
Police Commission in 1979. Subsequent committees, and most recently
the Soli Sorabjee Committee, have repeatedly endorsed these
recommendations. And in 2006 the Supreme Court of India issued
seven clear time-bound directions to the Centre and State governments
to set in place mechanisms that will address the aforementioned
infirmities of policing. Unfortunately, neither the Centre nor
the States have complied with these directions and indeed most
governments have subverted, diluted or disobeyed them.
The
directions policing should take in the future - of being a service
in support of the law rather than a coercive force shoring up
political patrons currently in power - are clear. The people
demand that the situation be remedied at the earliest.
We therefore urge that:
-
All
political parties immediately agree that police reform and
independent policing be treated as a bipartisan issue above
the compulsions of competitive politics;
-
All
political parties in power, at the Centre and in States, take
immediate and effective action towards demonstrable police
reform;
-
All
national political parties, in advance of the next national
election, declare in their manifestos the practical steps
they commit to take on police reforms during their first 100
days of office.
Adherence
to these suggestions will ensure that the police are more responsive
and better prepared to deal with security threats and that they
are allowed and compelled to do their job professionally. The
people of India can afford no less since the price of inaction
is far too high.
STATEMENT
ENDORSED BY THE COMMONWEALTH HUMAN RIGHTS INITIATIVE
(New Delhi) AND:
Aga,
Anu
Director, Thermax India
Bedi, Kiran
Former Director General of Police, Bureau of Police Research
and Development
Bhaskar, Uday
Defence Analyst
Bhushan, Prashant
Public Interest Lawyer & Activist
Bhushan, Shanti
Senior Advocate & Former Union Law Minister
Chandrashekar, B.K.
Former Minister & Former Chairman, Karnataka Legislative
Council
Daruwala, Maja
Director, Commonwealth Human Rights Initiative
Desai, Nitin
Former Deputy Secretary-General, UN Conference on Environment
and Development
deSouza, Peter Ronald
Director, Indian Institute of Advanced Study
Dhillon, K.S.
Former Director General of Police, Punjab
Dua, H.K.
Editor-in-Chief, The Tribune
Ghose, Arundhati
Former Ambassador
Gopinath, Meenakshi
Founder & Honorary Director of WISCOMP
Gujral I.K.
Former Prime Minister, India
Gupta, Dipankar
Professor, School of Social Sciences, JNU
Harivansh
Chief Editor, Prabhat Kabhar
Hazarika, Sanjoy
Author & Columnist
Hussain, Abid
Former Ambassador to the United States of America
Iyer, V.R. Krishna
Former Justice, Supreme Court of India
Kak, Kapil
Add’l Director, Centre for Air Power Studies &
Retired Air Vice Marshal
Karim, Afsir
Security Analyst & Retired Major General
Kumar, Kamal
Former DG, National Police Academy & Member of Supreme
Court Monitoring Committee on Police Reforms
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Mansingh, Lalit
Former Foreign Secretary
Marwah, Ved
Former Director General, National Security Guard
Muttreja, Poonam
Director, Mac Arthur Foundation
Nandy, Ashis
Senior Honorary Fellow, Centre for the Study of Developing
Societies
Nayar, Kuldip
Columnist
Pal, Ruma
Former Justice, Supreme Court of India
Pillai, R.V.
Former Secretary General, NHRC
Raj, Pushkar
General Secretary, People’s Union for Civil Liberties
Sachar, Rajinder
Former Chief Justice, Delhi High Court
Sen, Shankar
Former Director, National Police Academy
Seth, Leila
Former Chief Justice, Himachal Pradesh High Court
Shankardass, R.K.P.
Senior Advocate & Former President, International
Bar Association
Sheth, D.L.
Former Director, Centre for the Study of Developing Societies
Singh, Prakash
Former Director General of Police, Border Security Force
Singh, Surendra
Former Cabinet Secretary, Government of India
Sorabjee, Soli
Senior Advocate & Former Attorney-General
Tahiliani, R.H.
Chairperson, Transparency International India & Former
Chief of Naval Staff
Tiphagne, Henri
Executive Director, People’s Watch - Tamil Nadu
Thomas, K.T.
Chair, Supreme Court Monitoring Committee on Police Reforms
& Former Justice, Supreme Court
Verma, J.S.
Former Chief Justice of India & Former Chairperson,
National Human Rights Commission
Yadav, Yogendra
Senior Fellow, Centre for the Study of Developing Societies
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Anyone
wishing to join the campaign for comprehensive police reform
please contact the Commonwealth Human Rights Initiative at info@humanrightsinitiative.org
POLICE
REFORMS ARE CRITICAL TO KEEP INDIANS SAFE
Press Release
from the Commonwealth Human Rights Initiative
Monday 15 December 2008
New Delhi
Police
reforms are too important to neglect and too urgent to delay,
was the conclusion reached at a meeting held today. Co-sponsored
by the Commonwealth Human Rights Initiative (CHRI) and the India
International Centre, participants pressed home the urgent need
for comprehensive police reforms so tragically highlighted by
the recent attacks in Mumbai. Discussing, “Citizens for
Police Reform: A Basis for National Security and Good Governance”,
experts explained what kind of police reform is consistent with
our Constitution and how such reforms could transform present
policing into an efficient and professionalized service. The
discussion was part of CHRI’s ongoing campaign for an
accountable, adequately resourced, and people friendly police
service that is free from illegitimate political interference
and answerable only to the law.
Chaired
by B.G. Verghese, the panel of speakers included former Chief
Justice J.S. Verma, former National Security Guard DG Ved Marwah,
and former Attorney-General Soli Sorabjee. Mr. Verma was adamant
that the time for discussing reforms had long passed; rather,
the focus should be on practically implementing the necessary
changes that will ensure better delivery of policing services.
Similarly, Mr. Marwah was disappointed that notwithstanding
the repeated recommendations from various committees, it appears
that the requisite political will is absent to enact the necessary
changes. Finally, Mr. Sorabjee was adamant that the greatest
effort should be focused on resolving the issue of political
interference. “The two most important Supreme Court directives
involve giving the DG of police two-year tenure and setting
up a Police Establishment Board. If the Supreme Court is not
respected in this regard, contempt proceedings should be initiated”.
All speakers agreed that it is imperative for the Monitoring
Committee, set up by the Supreme Court to report on states’
compliance with its directives, to more aggressively pursue
its mandate to hold states and the Central government accountable
for their inaction.
The
panellists at the event are 4 of the 40 eminent citizens that
signed an open letter last week addressed to all Indian politicians.
The letter, signed by notable people such as former Prime Minister
I.K. Gujral, former DG of Police Kiran Bedi and former Foreign
Secretary Lalit Mansingh, demands that:
- All political parties immediately agree that police reform
and independent policing be treated as a bipartisan issue
above the compulsions of competitive politics;
-
All political parties in power, at the Centre and in States,
take immediate and effective action towards demonstrable police
reform;
-
All national political parties, in advance of the next national
election, declare in their manifestos the practical steps they
commit to take on police reforms during their first 100 days
of office.
Reforming
the police swiftly is entirely possible. Clear and practical
recommendations, valid even today, have been made by the National
Police Commission in 1979 and subsequently endorsed and elaborated
by various committees, and including most recently the Soli
Sorabjee Committee. In 2006 the Supreme Court issued seven clear
time-bound directions to the Centre and State governments to
set in place mechanisms that will address the infirmities of
today’s policing. Unfortunately, neither the Centre nor
the States have complied with these directions and indeed most
governments have subverted, diluted or disobeyed them.
CHRI
maintains that, with or without elaborate legislation, immediate
steps can be taken by both the political and police leadership
to ensure that the police are better equipped, trained and managed
than at present. Maja Daruwala, Director of CHRI, believes that
accountability of police to law is a paramount need. “It
is important that policing not be autonomous without accountability.
While we accept that politicians have ultimate executive control
over the police, it is critical that such control is not wielded
arbitrarily. Unfortunately, as it stands in India, executive
control of the police is only capricious and arbitrary.”
Issues
Paper on the National Investigation Agency Act 2008
More
information will come soon.......
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