Introduction:
The Constitution of India is the Suprema Lex of the land which holds supreme authority above all. It describes the basic principles of the State, the structures and processes of governance and the fundamental rights but also envisions a path of growth and development for a nation. The Constitution of India is the law which stands above all, on that foundation the entire governance system operates. Adopted by its people and enacted by constituent assembly the constitution of India came into force on 26th November 1949, it is a unique document, is not a mere pedantic legal text; it embodies human values, cherished principles, and spiritual norms.
It upholds to the dignity of man[1] being the law above all empowered the citizens and creates a government to protect the rights of individuals, maintain the sovereignty of the country. Democracy still has two important and related roles to play. The first is to act as a check on the power/governance of those who hold government power. The second is to provide a mechanism for replacing people in positions of authority in a peaceful and orderly manner. Democratic political institutions require the underpin of others to act. Democracy, by its nature, is a collective decision-making institution that prevents single individuals from making decisions for the group. The second function of democracy is to provide an orderly succession of power.
Through an electoral process, those who are given positions of power in government can be removed by democratic procedures. The Democracy of India is consisting of three organs, all of them plays a vital role in the overall functioning of the country and preventing any form of centralization of power at one place. These organs of democracy are THE LEGISLATURE, THE JUDICIARY AND THE EXECUTIVE[2], they do not work separation of each other but are interconnected and mutually dependent with each other for the proper ensuring and systematic function of the government as an essential rule of law.
The Legislature also described as the Parliament comprises of Rajya Sabha (Upper house) and Lok Sabha (House of People) whose main function is to formulate laws. The Judiciary is an independent and strong aspect of democracy its main role is to administer justice. The Executive branch is in charge of implementing and administering the public policy enacted by the legislative and direction by the judiciary.
Police System
The Executive is consisting of law enforcers which also includes Police as specified under the seventh schedule of the constitution “POLICE” is under state list, that means all the 29 states individually typically constitutionalize and legislate control over the law and order of their states. At district level two different systems work in parallel, this dual system consists Superintendent of Police (SP) who works along with the District magistrate for administering Public order. The police are governed under The Police Act of 1861 in India. Many states have indeed enacted their own state Police Acts but even these laws are closely resembled and are modelled on the Act of 1861[3] states like Kerala, Maharashtra, Gujarat and Delhi have their own act based on the Police Act of 1861.
Generally, the state police force is led by an Indian Administrative Service officer which comes under the purview and authority of the state’s home department. All the state and union territories have their own police force, every police force is led by a Director General of Police Indian part of Police Service officer, who is the Highest commanding Police office of the State, holds the responsibility of maintaining public peace and order in the state as a whole including every city and rural areas. The Police Act of 1861 established the general principles for organizing police forces in India, continues in effect. Even though every state has its own separate police forces, it may be different in quality with respect to resources and equipment, their patterns of operation will be similar.
Hierarchy
The Ministry of Home Affairs is a ministry under the government in charge of maintaining peace and order throughout the country holding the authority of maintaining internal, external security, controlling and policing authority for the Indian Police Service (IPS). Home Secretary, the administrative head of Ministry of Home Affairs is an Indian Administrative Service (IAS) officer in the rank of Secretary to Government of India. The ministry has jurisdiction over the Seven main branches of Central Armed Police Forces. The state home ministry gets the charge of the Indian Police Service officers in their state.
According to Article 312 of the constitution, there are there All India Services and The Indian Police Service (IPS) is one of them. The Indian Police Service officers always provided with senior-most designations in the Police Forces in the States as well as Centre. The Police Division in the Ministry of Home Affairs (MHA) is accountable for the core management of IPS and its Policy Decisions includes structure, training, recruitment, allocation, empanelment, payment, confirmation, deputation, allowances all disciplinary matters of Indian Police Service Officers. This Service is marshalled in 26 States, reviewed after every five years.
The total strength of the Indian Police Service Officers stands at 4802 as on 01.01.2016[4]. Every State Government has a Home Department holding authority over its State Police force. Director-General of Police (DGP) appointed from the IPS who is the head of state police force and every DGP is bolstered by one or more Special or Additional Director General of Police (DGPS) in each state police force. Special/Additional Director General of Police is responsible for the department within the state police [Law & Order].
Few states such as the Tamil Nadu Police and Maharashtra Police have a large number of state police forces, to deal with such large numbers police forces are divided into zones, ranges and Commissionerate. Even in the case of states with a large number of police forces such as Bihar Police and Uttar Pradesh Police have Police Commissionerate. States such as the Andaman & Nicobar or Arunachal Pradesh police forces only classified into ranges this classification of the system differs from force to force.
Every zone has designated officer holds the rank of Additional Director General of Police. Cities like Mumbai, Delhi, Kolkata or Chennai holds larger area equivalent to a district in such circumstances Commissionerate is designated to maintain control under Commissioner of Police and has their own police force. Additional Director General of Police, Inspector General of Police, Deputy Inspector General of Police can be assigned as the Commissioner of Police. The Commissioner of Police has the powers of an executive magistrate and operations. The police force is further organised and classified into various groups: (1) Region (2) zone (3) Division.
Every region stays under control of Director Inspector General of Police. Every region has more than one zone and every zone has 1 or more divisions, all of these areas is headed/comes under the purview of the Assistant Commissioner Police as Deputy Superintendent. Zone and Region are headed by Indian Police Service Officer and divisions consist of Superintendent of Police.
A police station is Commanded by an Inspector or Sub-inspector who act as in charge of the police station. They are Non gazetted officers posted as Station Officer. The Inspector or sub-inspector is the highest authority in a police station holding authority over several assistant inspectors, sub-inspectors and the low-ranking officers.
Powers
Power of executive magistrate is defined under the Criminal procedure code they have the power to impose Section 144 (curfew) or granting arms license. This power is only vested with executive magistrate unlike, District Superintendent and Senior Superintendent of Police. Every District Magistrate is an IAS officer. Police officers who can file a charge sheet hold the post of Sub Inspector of Police (PSI), PSI presides authority over substations, outpost or rural districts police stations; in cities administer beats. PSI usually accommodated by Assistant Sub Inspectors (ASIs), in charge of beats/substation, ASI has authority overhead constables of that police station the head constables leads the team of constable.
There are certain rights specifically available to police for maintaining law and Public order in region/zones. Cr.P.C chapter 12 provides certain specific powers vested in the hands of police to arrest, summon, investigate, examine etc[5]. After various changes in Police Act, Ministry of Home Affairs issued THE MODEL ACT 2006[6] it acts as a standard law laid down for the Police across the nation under one umbrella by having a model set of rules this Act lays the constitution, appointment, powers, role, responsibilities of the police officers as per the law.
Section 56: Role, Function and Duties
This section provides the duties and responsibilities of police forces towards society and their role as the pillar of democracy. Few of these duties are explained in simple terms are: enforcing the law without being biased or impartially, protecting fundamental rights guaranteed under Part III of the constitution; maintaining public order-preserving peace to promote social harmony between communities, various duties towards prevention of unlawful activities, maintaining peace, security and protecting infrastructures of the state such as railways, roads etc. prevention of vandalism, violence, take charge as a police officer on duty.
Section 58 defines Social Responsibilities of the Police
Apart from duties, there is the responsibility of social in nature such as to behave with courtesy and to maintain decorum especially in dealing with children, woman and senior citizens, to act as a guidance and assist the society as a whole, the poor, indigent, physically and mentally challenged citizens who need help and unable to help themselves, who are found in helpless condition on public places or needs help and protection; prevention and protection of women from harassment, keeping citizens harms away from any suspicious person or activity, providing help with reference to due process of law, making people aware of their rights and obligations. These are set out in abstract of section 58 which provide the responsibilities of law enforcer to have a humble approach.
Section 59: Emergency Situation
As per the essential service commodities act, a state government can declare any specific services as essential service by the notification in the official gazette, for a specified period, as it was seen during the Covid pandemic to cope up with tremendous infection rate only essential services were allowed to operate, these services are defined under Essential Service Commodities Act wherein only essential service was allowed to operate and while still, it remained in operation, it is the duty of the Police force to maintain the Status Quo of the same order as per the Law.
Section 60: Senior Police Officer Performing Duties of a Subordinate Officer
Every subordinate police office must follow, assist, obey the order of Senior officer while performing official duty in case providing more effecting and convenient approach towards implementing law or to protect any such infringement of law. The action of subordinate must be lawfully acting under the command or authority, whenever it is required for necessary action.
Police and Constitution
Being the enforcer of law and protector of justice, there are times when police machinery fails to comply with their duties, responsibilities, role to a certain extent. Whether the use of ultra-virus action or inefficient approach, in both ways it would cause failure in one pillar of Democracy. All the pillars of democracy are interconnected and related, repercussions would also cause failure in democracy. There are instances when constitutional rights get violated upon which judiciary needs to intervene for the remedy. As per the data furnished by the Union Minister of MHA on 15th of September 2020 in parliament, in India on an average 5 people died in custody daily during the year 2019-20[7].
There were in total of 1,697 deaths during the years, which includes 113 deaths in Police Custody and 1,584 deaths in Judicial Custody during the year of 1st April 2019 to 31st March 2020. Furthermore, it can be observed that these deaths on state-level vary on a large scale as per the data furnished by Ministry of Home Affairs in the Lok Sabha, UP has the highest number of deaths 400 in judicial custody, this number usually contains death in the form of encounter, when the accuse is transported from place to another. At second place state of MP with 143 deaths which are followed by 115 deaths in west Bengal then Bihar with 105 deaths, Punjab with 93 deaths and lastly Maharashtra with 91 deaths rest 750 happened across the entire.
The MHA so far didn’t provide valid grounds for such gruesome deaths in custody whether judicial or police as per the officials report the causes usually includes suicide, torture by (inmate, staff or police), hatred, war, illness. During the nationwide pandemic, a very unfortunate event occurred in one of the cases on June 19, 2020, wherein a father and son kept their Mobile phone shop open which was situated in the main market of Sathankulam. For just mere violation both the father and son were arrested and tortured in police custody, on 22nd of June both were admitted in hospital but the son died on the same night and on 23rd June father died as well. After massive media coverage and public anger with the demand for the strict measure across the nation erupted against the abusive police officers.
The government of Tamil Nadu ordered CBI probe after it was sent to investigate the case of custodial death. The investigation also revealed the same fact that father and son were arrested on 19th June 2020 and during police custody at the Sathankulam station was tortured brutally by the accused since the day of arrest, after sustaining grievous injuries within 3 days both of them died on the 22nd & 23rd June[8]”. Many of these deaths never come to picture gets disappeared in thin air without any traces. In one of the most celebrated cases with regards to custodial deaths and torture, the Supreme Court of India issued guidelines regarding the arrest of a person in D.K Basu Case[9].
Custodial deaths, violence and abuse of police atrocities, this abuse of law is universal in nature and can be found anywhere in the world. It is pertinent to note that, the abuse of police is widespread. In 1984 UDHR, raised concerns about the emergence of deaths and abuse because of its widespread challenges faced globally. Article 5 Stipulates that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Despite the pious declaration, the crime continues unabated, though every civilised nation shows its concern and takes steps for its eradication.
The constitution of India guarantees fundamental rights to the accuse as well these rights cannot be taken back from the accuse under any circumstances:
Article 21 states that: “no person shall be deprived of his life or personal liberty except according to the procedure established by law”.
Article 22 guarantees “protection against arrest and detention in certain cases and declares that no person who is arrested shall be detained in custody without being informed of the grounds of such arrest and they shall not be denied the right to consult and defend himself by a legal practitioner of his choice. Directs that the person arrested and detained in custody shall be produced before the nearest Magistrate within a period of 24 hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the Magistrate”.
Article 20 (3) of the Constitution lays down that a person accused of an offence shall not be compelled to be a witness against himself.
These constitutional rights not only act as provisional protection to the person accused but it is the fundamentals rights of the accuse and guaranteed by the constitution of India, these rights cannot be superseded/ violated by any person irrelevant of the rank or designation. It is the basic rights of the individual to seek liberty and dignity under no circumstances these rights can be deprived of.
Crime Records in India
There were 51.56 Lakhs cases of cognizable offences were registered in 2019[10]. When it was compared to 2018, there has been an increase in the number of cognizable crimes by around 1.6%. In the year 2018, a total of 50.7 lakh cognizable crimes were registered. Among the states, Uttar Pradesh (UP) continues to register the highest number of cognizable crimes with over 6.28 lakh cases, more than 12.2% of the Country’s total cases. This is considerable as UP is the most populous state. Uttar Pradesh total cases registered is higher than the number of cases registered in Karnataka, Andhra Pradesh, Telangana, and Odisha combined together.
Up at the top spot followed by Maharashtra having almost 5.09 lakh cases registered amounting to 10% of the crimes in India after that Tamil Nadu stands at 4.55 lakh cases and same amounts of cognizance can be seen in the state of Kerala having approximate 4.53 Lakh cases each. Gujarat having 8.4% of the total crime in India accounting of 4.31 lakh cases. The above mentioned 5 states hold a majority of the crimes in India amounting to 48% of case in India is registered from these 5 states in the year 2019 considering the smaller states Goa, Meghalaya, Mizoram, Manipur, Nagaland, Himachal Pradesh, Arunachal Pradesh, Sikkim and Tripura all together combined cases registered are 45436 only which is not even more than 1% of the total cognizance registered throughout India. As crime rates are increasing day by day, it cannot be termed as ineffective of the approach of police but the tremendous increase in demography is comparatively faster than enrolment of the police force.
The state police force does not have a vast number of designation and post, out of which only 86% consist post of constable. Constable does not have any privilege to supersede certain ranks thus their work efficiency drastically reduced because there is only one promotion during the whole service tenure designated as the Head constable of police, it does reduce the performance and willing to outperform for any future.
An expert committee formed under the Ministry of Statistics and Programme Implementation has noted that there has been a significant amount of under-reporting or non-reporting of crimes due to various reasons. As the data of crime records is kept on the basis of which the work is evaluated and so does the rank/ growth of one’s own career with that being considered in many cases there can be suppression of data to avoid the burden of work.
In some cases, the approachability of police towards the complainant or victim causes hostile environment which causes non-registration and sometimes the complainant or victim is afraid to come before the police for aid or sometimes the crime is not taken seriously. National Crime Record Bureau (NCRB) has its own method of classifying offences and record-keeping, it is termed as “Rule of Principle Offence”.
It means that the multiple offences under the same cause of action are recorded under the same case, the NCRB counts or collect data of only the most heinous offences such as murder along with rape would be considered as Murder according to principle offence. A police force is not sufficient in numbers thus they require cooperation vigilant citizens and support of the community as a whole to maintain the public order and peace, police required to rely on the community to be the informers and witnesses, supporting in any criminal investigation. The police do not have any Public relations agency which might be important as the day pass by, with day to day increase in social media usage and active participation of netizens, for Police forces reformation requires active participation at personal as well as general scale to promote public trust and confidence[11].
Conclusion
In the aforesaid circumstances, the Police system is a part of executive authority wherein lack of transparency and governance is at peak. After looking closely, it can be seen that the whole police machinery gets influenced by outside factors occasionally. Whether such interference would provide freedom of investigation or prevent rightful justice in society? police, in the end, is the protector of justice, liberty, peace and harmony they hold the integrity by the power vested in them. This body must perform their role but the legislation and higher executive branches hold fiduciary power upon them thus making them stagnant.
References:
[1] Bachan singh v. State of Punjab A.I.R 1982 S.C. 1325.
[2] INDIA CONSTI Art. 50
[3] the Bombay State Reserve Police Act, 1951 in Maharashtra and Gujarat; State Armed Police Forces Act, 1952 in Andhra Pradesh; Madhya Pradesh Special Armed Forces Act, 1958 in Madhya Pradesh; Sikkim Armed Police Forces Act, 1981 in Sikkim; Tripura State Rifles Act, 1983 in Tripura, Nagaland Police Act, 1985 in Nagaland.
[4] https://ips.gov.in
[5] Cri. Procedure code Chp.12 Information to the police and power to investigate.
[6] Ministry of Home Affairs Office Memorandum No.25019/15/2005-PM-II dated 20th September, 2005 under the chairmanship of Dr. Soli Sorabjee.
[7] As per the data shared by the union ministry of home affairs (MHA) with Parliament on 15.09.2020.
[8] Statement made by CBI Spokesperson RK Gaur.
[9] WRIT PETITION (CRL) NO. 592 OF 1987, Shri D.K. Basu,Ashok K. Johri vs State Of West Bengal, State Of U.P.
[10] National Crime Records Bureau
[11] “Public Order”, Second Administrative Reforms Commission, 2007
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