The study also finds several lacunae in the draft Delhi Police Bill considered to be model bill and to be emulated by other states
Despite the supreme court's (SC) 2006 directive to the governments at the centre and states to urgently implement police reforms, a recent study said the states and union themselves having resisted such reforms. “Despite the promise for reform the centre has done little by way of implementing the apex court’s directive,” said a new report titled 'Feudal Forces- Reforms Delayed 2010' brought out by the Commonwealth Human Rights Initiative (CHRI).
“The reason is that no government is willing to weaken its control over the police force,” the report held state and union governments responsible for not taking adequate steps in police reforms.
The apex court had directed the government to take initiatives toward revamping policing in the country in the matter of Prakash Singh vs Union of India and others judgment, but there hasn’t been much change ever since.
According to the report, “The political, economic and social conditions of the region ensure that policing remains bad and that attempts at reform are stymied. The per capita spending on policing remains at unimaginably low levels.”
The report mentioned that though the government has spoken of such reforms from time to time (the latest being the PM's speech on February 1, 2011 at the CMs' conference) but it has proved to be mere lip service.
“The politicians do not want their unfettered control over the police curbed and wish to retain their present ability to use it for narrow political ends, to intimidate enemies and to stifle dissent,” the study added.
“Till date, only 11 states have enacted fresh Police Acts to replace the old legislation and two states have amended their earlier laws on the subject to accommodate the new directives of the court,” the report pointed out.
The centre’s apathy on police reforms led the apex court to set up a committee under the chairmanship of retired judges to monitor the progress in July, 2008. “Only 13 states have so far enacted new police legislations, where others have issued executive orders,” the report said.
The study found that 19 states set up complaint authorities but it is functional in only seven states. According to the report, “No state government has established police complaint authorities at both the district and state levels that fully comply with the SC’s orders.”
The centre asked the union home ministry to prepare a model Delhi Police Bill for other state police forces to emulate. But, the report finds several drawbacks in the bill.
A model bill, drawing from suggestions supreme court, was to form the skeleton for the Delhi Police Bill. But the one the home ministry presented in 2010 has striking departures from what had been proposed in the model bill.
“It is discouraging to note that the safeguards of independence and accountability explicitly drawn up by the court and reflected in Model Bill have been ignored in the draft Delhi Police Bill,” the report highlighted.
The study said Delhi should not ignore recommendations of the court directive on police reforms.
While the human rights violations are sometimes perpetrated by the police and the sufferers are mostly innocent victims, the report noted that public in several states are completely unaware that their government is in the process of reforming the police laws. “Involve the community and public at large in the reform process,” the study advised the government.
The study found that the case of Uttar Pradesh to be particularly appalling. “UP has the highest number of human rights violation cases – 18,068, according to national human rights commission (NHRC) report.”
It also recommended that social audits of police stations must be given special emphasis.
Read the report