D C Pathak | 28 Aug, 2023
                  India, under the regime of Prime Minister Narendra Modi, has achieved
 a rare success in emerging as a world power whose voice mattered on the
 issues of global peace and economic advancement.
  However, in the 
area of internal governance, the country’s image was getting somewhat 
marred primarily because law and order - a subject exclusively falling 
in the ambit of responsibility of state governments - was not being 
handled well for a variety of reasons of which 'politicisation' of 
police was perhaps the most important. 
  At regular intervals, 
cases of public violence of the kind that demonstrated a complete lack 
of fear of the law, occurred in one state or the other and heinous 
offences against women including a girl child that should shake the 
conscience of the nation, threatened to become an ugly trend. 
  A 
voice for police reforms was consistently raised, a debate was set in 
motion about the share of responsibility of the police leadership that 
was by and large in the hands of IPS officers and even the highest 
judiciary of the land had played a helpful part by laying down 
guidelines on the crucial matter of appointment of the Director General 
of Police (DGP) of the state. 
  In no other major country is a 
career in police offered - through a merit-based national level 
examination prescribed for the educated lot, for selecting IPS officers -
 in which a young man or woman was launched at the leadership level 
within a couple of years after the initial service training, to manage 
and be on the front line of the thousands of Police personnel who served
 the state and the district. 
  Maintenance of law and order is the 
first duty of the state regardless of the political complexion of the 
ruling elite and the law recognised the investigation of a cognizable 
crime as a sovereign function of the Police. And yet if the state 
machinery failed often on that front, people must wake up to the threat 
that this posed to the democratic system itself.
  It is in this 
context that Home Minister Amit Shah deserves a huge round of applause 
for tabling a comprehensive set of reforms in Parliament in respect of 
the basic legal framework contained in IPC, CRPC and Indian Evidence Act
 - in the spirit of highlighting the need for a sovereign nation like 
India to adopt an integral Code of law of its own, appropriately 
disowning any ‘colonial’ legacies and ensuring a uniform system of law 
and order management throughout the length and breadth of this country. 
  He
 apparently set in motion an in-depth examination of this huge task a 
long time ago. It is now incumbent on all Indians to take a deep 
interest in the future debates in Parliament whenever the proposed laws 
come up there for discussion. 
  The laws have to be 'strong' in the first instance but their implementation also has to be just and 'untainted'. 
  The
 police leadership has to be professionally effective to ensure that the
 handling of order and law both is impartial - being protective of the 
law-abiding citizens and capable of producing deterrence for the 
law-breakers. 
  While a detailed examination of the new proposed 
laws would be going on, one has to appreciate the political boldness and
 recognition of national concern shown by the Union Home Minister, in 
proposing the death sentence for the rape of a minor as also for 
'lynching' which is a crime where a mob beats an individual to death. 
  Moreover,
 considering the fact of anti-India lobbies and misuse of social media 
becoming an instrument of 'proxy war' against this country, there was an
 urgent need to expand the law to take care of many 'covert' threats 
posed to India in the new age we live in. 
  Of course, the 
execution of any law has to be evidence-based and if the use of digital 
media was made for causing subversion, fostering terrorism and inciting 
separatist violence, admissibility of evidence has to include digital 
channels as well. 
  There are strong laws available for dealing 
with hate speeches that incited communal discord but their 
implementation was not as prompt - one inadequacy was about the 
inability of the police to produce the 'record' of the speech as 
evidence. 
  The merit of the proposed new laws is that they cater 
to the developing national and international scene and fill many legal 
gaps in the state's wherewithal to protect citizens against internal and
 external threats and thus provide a strong base for the dispensation of
 justice.
  The creation of strong laws has to go with the exercise 
of reinforcing the police leadership to ensure impartial management of 
law and order and improve the working of police stations which are the 
establishment of legal authority closest to the citizens.
  Officers
 of the Indian Police Service like the IAS, are recruited, trained and 
allocated to the states by the Centre and there is no reason why through
 mid-service orientation programmes organised by the MHA on a national 
basis at different Academies and the Rashtriya Raksha University (RRU) 
and through the instrumentality of DoP&T which kept track of the 
performance of both IAS and IPS an effective oversight of the Centre 
could not be maintained on these services for the national good. 
  The
 Centre would have a legitimate role in the appointment of DGP if the 
process of selection for the post prescribed that this would be made 
only out of the panel of three drawn by UPSC on the basis of 
seniority-cum-merit, in consultation with the state government. This 
should be pursued on a more vigorous note as this process had already 
been supported by the Supreme Court itself. There should be zero 
tolerance towards death in Police custody or the use of ‘Third Degree’ 
in police interrogation. 
  The persistent malady of police stations
 not registering a complaint of a cognizable offence has kept the image 
of police stations low in the eyes of citizens. 
  In the CRPC, it 
is clearly laid down that all senior officers enjoyed the power of 
Station House Officer throughout their respective jurisdiction which was
 an affirmation that IPS officers were expected to oversee and improve 
the working of the police station. This unfortunately had not been 
achieved to the desired extent during the long existence of this 
service. 
  It is a matter of great satisfaction that in the 
proposed new legal Code, there are provisions of Zero FIR, online 
receipt of complaints and admissibility of evidence recorded in digital 
media. 
  The Union Home Minister has shown a good perception of the
 need to make the investigation more scientific in prescribing that the 
visit of the Forensic Team to the scene of crime would be mandatory in 
certain cases. 
  It goes without saying that a far greater 
allocation of funds was needed to ensure all of this - in times of Home 
Minister Amit Shah the work of modernisation of Police had been stepped 
up, particularly in the field of computerisation and speedy 
communication.
  There are three areas of criminality that the 
country's Penal Code had to still work on - they represent the unhappy 
outcome of the mismatch that had been created between a competitive 
material advancement and the sociological progress that should go with 
it. 
  Of these three, one is the obnoxious 'ragging' in educational
 institutions of higher learning that resulted in suicides in many 
cases. 
  Acts of criminality in the name of ragging were totally 
unacceptable and a set of laws should be framed that put a basic share 
of responsibility for the same on the head of that institution as well.
 
Ragging
 began in Medical Colleges as a practice devised to make the freshers 
familiar with the seniors with whom the former had to work closely as a 
team and it was totally free of anything that amounted to the use of 
physical force. 
  The subsequent degeneration of 'ragging' as a 
phenomenon in which the 'goons' of the institution had a field day, 
calls for enactment of specific laws against what clearly had become a 
criminal activity. 
  The second cause for concern - essentially a 
case of corruption resulting from the decay of moral values - is the 
growing frequency of leakage of question papers of competitive 
examinations, by those who were a part of the controlling mechanism. 
  A separate law is needed to prevent such scams. 
  And
 finally, the rising graph of induction of children in beggary in 
metropolitan centres, in particular, needs to be taken note of - not 
only from the angle of poverty alleviation but more importantly for the 
likelihood of this having been made a ‘cartel’ activity. 
  There 
should be a separate listing of this serious crime with exemplary 
punishment and police should use Intelligence techniques like 
surveillance to reach the culprits. 
  All of these new kinds of 
criminal conduct damage the image of the country, contribute to social 
destabilisation and tend to grow in the absence of an effective 
deterrent. It might be useful for the MHA to get BPR&D to urgently 
examine this matter as a prelude to the introduction of new laws.
  In
 the time of Home Minister Amit Shah, serious efforts are being made to 
strengthen internal security against the new threats materialising 
through misuse of social media and other covert means.
 
The 
frequency of gruesome murders, attacks on women and cases of public 
violence add up to creating an impression of lawlessness that does not 
do credit to democratic governance. 
  Failures of state governments
 and state police are spoiling India’s national image before the world 
as the outsiders did not understand the federal system of this country 
that gave total control to the state over the police and made the Centre
 somewhat of a mere observer. 
  The deterrent punishment provided 
by the proposed laws for certain crimes no doubt will help but it is the
 efficient and quick investigation of offences that would hold the key 
to success on this front - a lot of improvement was needed there. State 
governments have to spend more to bring the Police-Public ratio closer 
to normal. 
  The focus of policing has to be on police stations - 
the country should demonstrate this by appointing gazetted officers as 
Station House Officers who would be assisted by Inspectors and Sub 
Inspectors in various spheres of duty. This would dispense with the old 
practise of posting Circle Officers to oversee the SHOs, a contingent of
 District Armed Police should be stationed at sensitive police stations 
so that Para Military Forces would be needed only in serious 
emergencies. 
  The staff of the District Intelligence Unit should be specifically assigned to important police stations. 
  Adequate
 mobility for visiting the ‘scene of occurrence’ has to be there- this 
remains a glaring weakness even now. Hospitals and public clinics must 
respond to any sudden requests emanating from the District SP. There 
should be no hesitation about invoking Art 311 of the Constitution 
against a ‘rogue’ policeman. 
  For IPS officers who lead the Police
 forces of states, the Centre should reinforce the arrangement that 
protects them from any politically motivated action initiated by a state
 government against them. By the same logic however, Centre should also 
be in a position to reprimand an IPS officer for proven incompetence, 
political taint or failure to play his or her part in a situation of 
duty. 
  Strong laws, their impartial implementation and consensus 
among the politicians to keep law and order and internal security above 
party politics, are the three requirements of the eco-system that should
 be created to keep democratic governance going.
  (The writer is a former Director of the Intelligence Bureau. Views expressed are personal)