Overview: CHANGING DYNAMICS OF POLICE ADMINISTRATION IN INDIA
Jul. 11, 2020 • Samiksha Gupta
Profile of the author: Tanishk Jandial is a 2nd year law student from Dogra Law College, University of Jammu
INTRODUCTION
In today’s era, rapid growth of population, industrialization, urbanization and growing political consciousness has led to increasing law and order problems. Agrarian and tribal revolts, political caste and communal violence, labour and student unrest and terrorism are indications of law and order problems. In developing societies, these conflicts and tensions are inevitable and may manifest themselves in different forms. Freedom and independence will not have meaning unless these basic issues are properly attended.
BACKGROUND OF POLICE ADMINISTRATION IN INDIA
In all the societies, various agencies have been established to protect the life and liberties of people since the dawn of civilization. With the passage of time, complexities in the nature of societies have led to the creation of modern police. In the era of British domination in India, police referred to the, ‘force for the society’, and the police officer was known as Nagarpal, which means protector of the city and governance based on Dharma and Danda. Dandneeti was an important ingredient of statecraft.
Manu talked about the prevention and detection of crime and also a system of collecting intelligence during the Vedic period. Vedas refer to different kinds of crimes and punishments. During the Mauryan and Gupta periods, policing was undertaken systematically. Kautilya’s Arthashastra gives a vivid picture of the nature of police organizations and their functions. During Mughal period, law and order administration was under the charge of Fauzdars. They were assisted by Thanedars who were in charge of the Police Station. He was also responsible for revenue functions. The office of the Kotwal was fairly important as he was the chief of city police. His functions included patrolling the city at night, collecting intelligence, prevention of crime and social abuses and regulation of jails. During the British period, the police system that existed under the Mughals was allowed to continue with certain reforms to meet the changing needs.
The present Indian police system is based on the Police Act of 1861. Under this act, the police was made subordinate to the Executive Government. Later, several changes were brought about in the structure as well as functioning of the police system. But the basic structure and characteristics as enshrined in the police act of 1861 continued to dominate over the police system in the country. By the time India attained Independence in 1947, the Police Administration had developed into one of the best systems. After independence, the Government of India felt that the system was capable of facing new challenges and was also well-developed to help the new Government to maintain stability.
ROLE AND FUNCTIONS OF THE POLICE
Prevention of crime and maintenance of public order are the major functions of the police. According to 1861 act, police functions are to prevent commission of offences and public nuisances; bring offenders to justice, collect information affecting public peace, and keep order in all public places, keeping in view the changing political and social scenario. U.N. Congress Prevention of Crime, held in 1970, identified urbanization, industrialization, population growth, internal migration, social mobility, and technological changes etc. as the crimogenetic factors. Communal tension and other social tensions are also the causes of crime due to which public order gets disturbed and violence breaks out.
The main task of police is to enforce law and order, protect the citizens and safeguard their property. It is an important area where police has been assigned a positive role pertaining to social legislation. These legislations touch upon the lives of the people at countless number of places. This provides various opportunities to serve the people and proves to be a challenge as well. In the challenging political context, the police have to function as officers of law rather than as officers of the Government or party in power.
According to the National Police Commission set up by the Government of India in 1997, the duties and responsibilities of the police are to:
- Promote and preserve public order.
- Investigate crime.
- Identify problems and situations that are likely to result in commission of crimes.
- Reduce the opportunities for the commission of crimes through preventive patrol and other appropriate police measures.
- Aid individuals who are in danger of physical harm.
- Appropriate measures for prevention of crimes.
- Create and maintain a feeling of security in the community.
- Facilitate orderly movement of people and vehicles.
- Counsel and resolve conflicts and promote amity.
- Provide other appropriate services and afford relief to people in distress situations.
Various reforms needed for the improvement of the police administration in India:
A. Boosting capacity and Infrastructure
Boosting infrastructure and capacity of the police forces includes increase in the number of police personnel in the country, improvement in recruitment, training and service conditions including up gradation on one hand and improving the infrastructure, working hours, housing facilities on the other. To support the policemen, transport and communication facilities need to be expanded and upgraded.
B. Legislative Reforms
The legislative changes include, enactment of the Organized Crimes Act, a single police act for the country, moving Police to the Concurrent List, declaration of Federal Crimes, measures regarding registration of crimes, statutory backing for the CBI, Commissionerate system for large areas, revival and strengthening of the beat constable system and some changes in criminal procedure and evidence systems.
C. Administrative Reforms
In addition to the legislative changes, there is an urgent need for administrative reforms as well. On the administrative side, changes include separation of investigation from law and order, specialized wings for Social and Cybercrimes, restricting the police to core functions, setting up authorities as directed by the supreme court, strengthening state machinery and linking prosecution with police.
CONCLUSION
The need for a fast growing economy like India for safe environment particularly in light of the complex security threats in present times is imminent. Terrorism, Left Wing Extremism, crimes including cyber crimes, law and order issues threats which call for a strong and efficient police for internal security. A review of the police governance framework, the legal setup, the issues ailing the police force- all call from making reforms one of the greatest priorities for the country.
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FAQ:
Q1. What is the difference between POLICE and the JUDICIARY?
Ans. The role of the police is to investigate any crime committed whereas the role of the judiciary is to administer justice to all citizens.
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