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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:

  1. Undue and illegitimate political interference in all aspects of policing;
  2. 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;
  3. 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

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

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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