Recently, the National Human Rights Commission (NHRC) has asked the Union Home Ministry and state governments to set up a "Police Complaints Authority" as per the decision of the Union of India (2006) against Prakash Singh.
(Recommendation-of-the-National-Human-Rights-Commission-(NHRC’s)-on-Police-Reforms)
Recommendation of the National Human Rights Commission (NHRC’s) on Police Reforms
Police Reforms
Police reform aims to change the values, culture, policies and practices of police organizations.
It envisions the police performing their duties in terms of democratic values, human rights and the rule of law.
It also aims to improve management or oversight responsibilities with other parts of the police security sector, such as the courts and related departments, executives, parliamentary or independent officials.
Policing falls under the state list of Article 7 of the Constitution of India.
Recommendations of the Human Rights Commission
Burden of Proof:
The Ministry of Home Affairs and the Ministry of Law should consider implementing the recommendations of the 113th report of the Law Commission of India to add section 114 (B) to the Indian Evidence Act, 1872.
This will ensure that if a person is injured in police custody it will be assumed that he or she was injured by the police and the burden of proof is on the relevant authority to explain the injury.
Technology-friendly criminal justice system:
The legal framework should be made technically friendly to speed up the criminal justice system.
Currently, the legal framework is not conducive to the adoption of technology in the criminal justice system.
Ensuring liability:
The commission also recommended that the December 2020 order of the Supreme Court to install CCTV cameras with night vision in all police station names be implemented with immediate effect to ensure liability.
Community Policing:
The commission carries out trained social work with police stations as part of community policing involving law students and also emphasizes the inclusion of community policing in police manuals, laws and advice.
Supreme Court directions in Prakash Singh case (2006)
The Supreme Court in its judgment had given seven guidelines on the tenure and selection of the Director General of Police, with the aim of avoiding a situation where officers retiring in a few months are given the post.
A minimum term was fixed for the Inspector General of Police to avoid any political interference so that he could not be replaced by politicians in the medium term.
The Supreme Court also directed the posting of police officers by the Police Establishment Board (PEB). The purpose of the board was to deprive political leaders of posting and transfer powers, which could include senior police officers and bureaucrats.
The Court also recommended the creation of a State Police Complaints Authority (SPCA) where ordinary people suffering from police action could lodge complaints.
The Supreme Court had directed the formation of 'State Security Commissions' (SSCs) comprising members of civil society as well as the National Security Commission to investigate and separate law and order activities to improve policing.
What could happen next?
Modernization of Police Forces:
The Plan for Modernization of Police Forces (MPF) was launched in 1969-70 and has undergone several changes in the last few years.
The concept of MPF scheme includes:
- Purchase of modern weapons
- Mobility of police forces
- Logistic support, police wireless upgrade etc.
- National satellite network
Improving the criminal justice system:
There is a need to reform the police as well as the criminal justice system. The recommendations of the Menon and Malimath Committee can be implemented in this regard. Here are some key recommendations:
Victims of acquittal due to pressure from criminals creating a fund to compensate.
Establish a separate authority at the national level to deal with criminals who threaten the security of the country.
A complete overhaul of the entire criminal procedure system.
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