A structural revamp

Reforms in the police and justice delivery system are perhaps among the most important subjects in Indian polity, which have a bearing on all other aspects of public life. We shall first talk about police reforms and then discuss the justice delivery system.

There is a long history relating to police reforms — reflected in the formation of the National Police Commission, Gore Committee, Rabeiro Committee, Padmanabhaiah Committee and Malimath Committee. Additionally, the Prakash Singh case, wherein the Supreme Court issued certain directions to the Union of India and the states, was another landmark in this regard. However, the kind of incremental changes that have materialized on the ground appear far too less than satisfactory.

There is a material sense in suggesting that the police administration should be accountable at the grassroots level also, say, district level from where the problems originate. Constable, sub-inspector, inspector and even a deputy SP-level officer should remain in the same district. Only the addl. SP and above should be made transferable to other districts. This will firstly reduce the requirement of police housing in a major way, as the constabulary which constitutes a major portion of the police establishment would require minimal housing. Starting on an experimental basis in a few districts, this initiative can be scaled up. For this purpose, necessary amendments may be made in appropriate acts/rules. It Is believed that locally, the social, moral and political dynamics will ensure that the decentralised police machinery will work with a higher sense of responsibility — resulting in a decline in criminal cases, civil disputes and other conflicts. The focus should be on the use of technology, and not the brute manpower.

There has to be a separate cadre of investigators who would continue all through their service without being shifted to other organs of the police so as to maintain high quality of investigation. This would bring about professionalism in investigation, resulting in higher conviction rate which is woefully low at the present.

The research and development activities in policing will have to be given a fillip by strengthening the existing institutions like BPRD (Bureau of Police Research and Training), and by sponsoring projects to good universities/institutes/think tanks by referring specific problems and seeking solutions.

There will also be a need to have PPP (public-private partnership) in the field of policing — incorporating the services of private security and detective agencies to assist the police. One can also conceive of having the services of private forensic science laboratories (on a pilot basis) under regulation from the government. This would ensure speedy examination of exhibits which, in turn, would speed up the investigation and related court processes.

However, the role of a vibrant and effective Justice delivery system is paramount before talking about effective policing. Unless the judicial system dispenses justice in a time-bound and exemplary manner, no number of courts/judges can help a huge country like India. It, therefore, becomes imperative for the legislature and the judiciary to define timelines for the disposal of various types of criminal and civil cases. There should be a well-meaning citizens' charter in every court. Necessary amendments will have to be made in the Criminal Procedure Code and the Civil Procedure Code to ensure speedy disposal of cases. In the backdrop of low conviction rates and frequent misuse of powers pertaining to arrest and detention, there is a need to have a fresh look at the related provisions so that innocent people are not harassed. Arrests/detentions should be made for a bare minimum period to aid the investigation process. Peoples' personal liberty and freedom have to be respected each time. To address the accusations of nepotism and inefficiency in the judiciary, there is a need to hold the judiciary accountable through some mechanism, say, active parliamentary committees, parliamentary discussions etc.

In this context, an experiment was carried out by me while holding the charge as District Magistrate in Uttar Pradesh. Having reviewed the progress of revenue courts, I tasked myself to dispose of all the pending cases in my court within a year. I set monthly targets for myself. Executive magistrates were directed/advised to undertake similar actions. Parallelly, the lowest revenue functionaries — lekhpals (revenue supervisors) and tehsildars — were instructed to take all possible measures to minimise the generation of revenue cases by taking proactive, preventive measures. It put a lot of pressure on me to write more and more judgments frequently. As a result of the collective effort, I could see distinct improvement in the court work which showed high disposal rate than the institution of cases. It became so stark that after three months; the district bar association staged a protest with respect to speedy disposal of cases by the revenue courts. I had to discuss with the revenue bar association, and urge them to be a partner in the noble cause of providing speedy justice to the common man. Thankfully, the bar association understood our good intentions and cooperated, albeit grudgingly.

Considering the complex social structure of Indian society and the long history of exploitation where the trust had been betrayed, it would be in fitness of things that different segments of society are given proportional representation in all the components of the governance, including the private sector, to checkmate the tendency of misuse or exploitation. The key issue of exploitation is very material for a developing country like India where many fault lines exist in society — hampering team spirit and, hence, speedy progress. Perhaps, this shortcoming has been the major cause of enslavement of our country for centuries. We need to be strong from within and work as a team to be the world leader in the future; manipulation, hypocrisy and neglect of merit will not take us to a developed status. Another bold step could be inter-caste marriages — the so-called upper castes marrying into the so-called lower castes and vice versa. This step would bring about revolution in cementing the fault lines (caste-based divisions) in society and, as a result, society will get stronger. Then only, we may realize our dreams of becoming a superpower.

Further, the subjects of national security and public safety should be started from school level itself. Various educational boards at the state level and central level should incorporate lessons/chapters relating to public safety and national security so as to imbibe a responsible behavior, including team spirit, in students who will be the future of the country.

The writer is Addl. Chief Secretary to the Govt. of Sikkim (Retd). Views expressed are personal