Recent Mistakes of the Police – A Symptom of Systemic Issues

Introduction

Some recent incidents related to the Tamil Nadu Police — such as sexual violence by police personnel, drug trafficking, custodial deaths, and kidnapping — cannot be viewed merely as individual crimes. These incidents expose the structural deficiencies within the police system. In a democratic country where the Rule of Law must be upheld, it is deeply concerning when the police themselves are involved in violations of the law.

Basic Functions of the Police and Constitutional Basis

The primary functions of the police include:
• Maintenance of law and order
• Prevention of crime
• Investigation of offences

These fall under the Seventh Schedule of the Indian Constitution – State List (Entry 2: Police). However, certain actions by police officials sometimes result in violations of Fundamental Rights (Articles 14 and 21).

Indian Police Act, 1861 – Impact of Colonial Legacy

The Indian Police Act, 1861 was enacted during British rule after the Revolt of 1857. Its objective was not to protect citizens, but rather to protect British authority.

Even after the Constitution of India came into force in 1950, this law was not comprehensively replaced. The consequences include:
• Political interference
• Centralization of authority
• Service to the ruling establishment instead of citizen-oriented service

Custodial Deaths and Human Rights Violations

Custodial deaths directly violate Article 21 – Right to Life and Personal Liberty.

In D.K. Basu vs State of West Bengal (1997), the Supreme Court laid down guidelines regarding arrest procedures.

At the international level:
• Universal Declaration of Human Rights (UDHR, 1948)
• UN Convention Against Torture – India has signed but not enacted it into law.

Therefore, a Zero tolerance policy towards custodial violence is essential.

Political Interference and Police Autonomy

In a democracy, the police must function free from political pressure. However, in practice:
• Political influence in promotions and transfers
• Use of preventive detention laws against opposition members
• Preferential treatment for supporters of the ruling government

This undermines the fundamental principle of Article 14 – Equality before Law.

Police Reform Initiatives

The National Police Commission (1977) examined deficiencies in the police system and made key recommendations:
• Repeal of the Police Act of 1861
• Independent complaint authorities
• Freedom of police from political control

Based on the recommendations of the Soli Sorabjee Committee (2005), the Model Police Act, 2006 was drafted. However, many states have not fully adopted it.

Prakash Singh Case (1996) – Supreme Court Directives (2006)

In the Prakash Singh PIL, the Supreme Court issued major directives for police reforms:
• Establishment of State Security Commission
• Guidelines for DGP appointment
• Police Establishment Board
• Police Complaints Authority

The failure of many states to fully implement these directives raises concerns about the Rule of Law.

Way Forward

For effective police reforms:
• Strengthening accountability and transparency
• Mandatory human rights training
• Use of CCTV and body cameras
• Independent complaint investigation mechanisms
• Implementation of the Model Police Act

Conclusion

If one wants to assess the quality of democracy in a country, examining the functioning of its police system is sufficient. Transforming the police from a colonial mindset to a citizen-centric, human rights-respecting, and politically neutral institution is the need of the hour.