3 Review(s)

This book is a collection of fourteen well-researched essays and an equal number of insightful articles that examine some major ills that plague policing in India today. Starting with the colonial origins of the Indian police and  dealing with issues of police brutality, corruption, bias, impunity and militarisation, this book reveals how the current police system in India results in a denial of justice to people, subverts the rule of law, and obstructs the growth of a healthy and professional police force. An important premise uniting these essays is that the Indian police function less to serve the rule of law and more to secure the interests of the dominant group or regime in power. Initiatives to reform the police have failed largely because those who control the system lack the will to reform it, as they have a vested interest in maintaining status quo. This has spawned a number of ills that have not only ruined the police system but also damaged the very core of India's democracy. Written by one of India's leading experts on police reforms, this perceptive book argues that the need for police reform is too important to be neglected and too urgent to be delayed. About the Author G.P. Joshi joined the police way back in the sixties after doing his graduation from St. Stephens College and post-graduation from the Delhi School of Economics, University of Delhi. He worked in the Tripura Police and the Border Security Force before finally joining the Bureau of Police Research and Development, Ministry of Home Affairs, Government of India, from where he retired as Director in the rank of Inspector General of Police. In recognition of his contributions in the field of police research, the Government of India awarded him the Police Medal for Meritorious Service and the President's Police Medal for Distinguished Service. After retirement, he joined the Commonwealth Human Rights Initiative (CHRI), an international NGO based in New Delhi. He designed its police reforms programme and worked on it for about nine years, taking it to a point where the CHRI came to be recognised as a leading organisation working towards police reform in India and other commonwealth countries. Mr. Joshi has written extensively on police reform issues.  His articles and research papers have been published in newspapers and journals both in India and abroad.  He can be contacted at gpjoshi37@gmail.com Table of Contents Preface List of Abbreviations 1. We Inherited a Bad Police System and We Made It Worse We Inherited a Bad Police System Origin of a Civil Constabulary Police Commission of 1861 Superintendence Over the Police General Control and Direction Officering Pattern of the Police Distrust of Natives Charter of Duties The System as a Failure We Made It Worse System Remained Unchanged Expansion and Improvement in Resources Criminalisation of Politics Politicisation of Police Summing Up 2. Insulating Police from Political Control—Domestic  and International Initiatives Introduction Part I—Domestic Initiatives Exercising Superintendence Over the Police Force Establishment of the State Security Commission Arbitrary and Frequent Transfers Appointment of Head of Police and Security of Tenure The Kerala Experiment Part II—Foreign Initiatives The UK Model Australasian Model The Board/Commission Model South Africa Model Conclusion 3. The National Police Commission—The Beginning,  End and the Aftermath Background The Police during the Emergency The National Police Commission The Government’s Response to the NPC’s Work First Report Second to Eight Reports Some Important Developments 4. Police Practices, Poor People and Access to Justice Introduction Police Practices Non-registration of Complaints Corruption Illegal Arrests/Detentions Use of Torture or Brutal Practices Biased Practices in Dealing with Minorities Police Attitudes in Dealing with Violence Against Women Need for Police Reforms 5. Managerial Philosophy of the Police in India Part I—The Managerial Philosophy The Police—Shape of a Pyramid Basis of Managerial Philosophy—Distrust of the Subordinate No Change after Independence Job Stressful Career Prospects of Lower Ranks—Low Gulf between Seniors and Juniors Lip Sympathy Part II—The Police Forces (Restriction of Rights) Act, 1966—The Genesis and Parliamentary Debate The Act—Its Gist Government’s Lack of Concern Towards Conditions of Lower Ranks Demands to Restrict Policemen’s Rights— Government’s Refusal to Do So The Volte Face Debate in the Parliament—Highlights 6. The Central Vigilance Commission—A Brief  History of Some Developments Introduction Santhanam Committee on Corruption The Resolution of 1964 Havala Case Supreme Court’s Judgment in the Havala Case Interim Orders The Judgement Part I Part II Part III Part IV The Government’s Response—Attempts to Nullify the Judgment The Supreme Court’s Judgement, the Central Vigilance Commission Ordinance, 1998 and the Law Commission’s Draft of the Central Vigilance Commission Bill, 1998—A Comparative Profile The Central Vigilance Commission (Amendment) Ordinance, 1998 The Central Vigilance Commission Bill, 1998 The Central Vigilance Commission Bill, 1999 The Central Vigilance Commission Act, 2003— Points of Departure from Supreme Court’s Verdict Vigilance Administration Summing up 7. The Central Bureau of Investigation—Its Credibility Brief History Legal Status Superintendence Over the CBI A New Law Needed Investigation Skill Impartiality—CBI’s Politicisation Sanction for Prosecution Single Directive The Term Government’s Justification Court’s Verdict Report of the Joint Committee of Parliament Impunity Other Legal Provisions Conclusion 8. Policing in India—Trend Towards Centralisation and Militarisation Constitutional Provisions Unity in Diversity Centralisation of Policing—The Trend Establishment, Expansion and Deployment of Central Paramititary Forces Establishment and Expansion of CPMFs- Militarisation of Policing States’ Dependence on CPMFs Deployment of CPMFs Increase in Police Modernisation Grants Central Bureau of Investigation and National Investigation Agency Establishment of India Reserve Battalions (IRBs) Use of Armed Forces (Special Powers) Act, 1958 (AFSPA) Drafting of Communal Violence Bill The Lokpal and Lokayukts Bill, 2011 Proposal to Set Up a National Counter Terrorism Centre Proposals to Enhance Powers of Certain Central Para-military Forces Conclusion 9. Appraising The Performance of The Police Part I—Appraising Individual Policeman’s Performance Constabulary’s Performance Upper Subordinates’ Performance Technique Used Officers’ Performance Part II—Appraising Police Organisation’s Performance Need to Evaluate Benefits of Establishing Such a Board Recommendations of Expert Bodies National Police Commission Existing System Yardsticks Recommended by the NPC Mechanisms Recommended by the NPC Padmanabahaiah Committee Soli Sorabjee Committee Parliamentary Standing Committee Supreme Court’s Judgement What Type of Police Board is Needed? Boards in Foreign Jurisdictions Boards in India 10. Police Brutality in India Introduction An Old Problem Continues to Exist Problem Exists in Advanced Countries Too Victims What Do the Cops Say? What Else Do the Cops Say? Recruitment, Training and Culture Work Environment, Service and Living Conditions Criminality Amongst the Police Force Criminalisation of Politics and Impunity Lack of Accountability Role of the Central Government Need for Police Reforms 11. Increasing Crime, Disturbing Responses Crime—Increasing Trend Government’s Response The Police Response Citizens’ Response 12. Use of Firearms by the Police in Controlling Crowds 268-280 Impact on Police Image Legal Provisions Use of Minimum Force The UN Principles Frequent Use of Firearms by the Police Need for a Policy 13. Sexual Molestation of Ruchika Gehrotra—A Case Study in Impunity Introduction Part I—Bare Facts Part II—Comments 14. Sanction for Prosecution in Corruption Cases— Analysis of a Judgement Introduction Legal Position Meaning of Cognizance Who can Seek Sanction for Prosecution? Rationale for Sanction The Problem Concluding Remarks Short Articles 1. An Open Letter to the Prime Minister of India, Dr. Manmohan Singh 2. The Idea of Police Reforms: Some Impromptu Observations 3. Don’t Make an Ass of the Law 4. President Obama’s Remarks about the Cambridge Police -What can the Incident Tell Us? 5. Two Murder Cases Revisited 6. The Broken System 7. Criminalisation of the Police 8. Communal Virus in the Police 9. Better Policing for Good Governance 10. The Police and the Rule of Politics 11. The Police Recruitment Scam in UP 12. Mumbai Mayhem 13. The Supreme Court on Mayawati’s Disproportionate Assets Case 347 14. The  Police Memorial Day   Bibliography   Index