The Indian police system holds a significant role in the country’s societal fabric. As stated by Former President Ram Nath Kovind, it should ideally be characterized by responsibility and accountability. However, understanding and executing police ethics are challenging due to various reasons, leading to issues with ethical policing in India.
Understanding Police Ethics
Police ethics are different primarily because they require officers to make complex moral decisions regularly. These decisions can range from arresting an individual—which could potentially strip them of their freedom—to deciding whether someone’s life should be taken in extreme situations. To ensure these decisions are morally sound, the police need to consider each action’s motivations, intentions, and consequences, from both a good and bad perspective.
Additionally, police officers may face hostility and danger in performing their duties. This exposure often results in them experiencing fear, anger, suspicion, excitement, and boredom on an intense scale. For their actions to remain effective, they must exhibit emotional intelligence whilst responding to these various emotions.
Challenges to Ethical Policing in India
The implementation of ethical policing in India faces numerous issues. The politicisation of the police force is one such concern. This stems from the lack of a proper tenure policy for officers’ postings at different levels, and the inappropriate use of transfers and suspensions as disciplinary measures. Such practices undermine the morale within the force and disrupt the chain of command.
Apart from this, there exists a growing trend in mindlessly disparaging the police force. This practice hampers the efforts of honest and competent officers attempting to improve the police institutions.
Lastly, corruption is another significant issue. It manifests in various forms, breeching every level of the police department. This widespread corruption has led to numerous instances where both high-ranking and low-ranking police officers have been implicated.
Addressing Corruption and Custodial Deaths
The corruption perception index of 2021 ranks India 85 out of 180 countries, which signifies the gravity of the issue. Furthermore, Indian law enforcement also struggles with an increasing number of custodial deaths. According to government data, these numbers rose from 1,940 in 2020-’21 to 2,544 in 2021-’22, with Uttar Pradesh reporting the highest instances.
Usage of Coercive Methods
Police coercion, where undue pressure or intimidation is applied to extract a confession, is another area of concern. This practice has been used in various forms, leading to complaints against police officers.
Recommendations and Suggestions for Improvement
Various committees and commissions have attempted to address these issues. The Shah Commission recommended insulating the police from political influence, whilst the National Police Commission suggested protective measures against outside influences. They also mandated a judicial inquiry in cases involving custodial rape, death due to excessive force, or police firing.
The Soli Sorabjee Committee, established to frame a Model Police Act, recommended enabling the police as an efficient, effective, people-friendly, and responsive agency. The Supreme Court gave seven directives to bring about police reforms in the Prakash Singh Case of 2006, although the proposed Model Police Act has not yet been introduced.
Moving Forward: Protecting Human Rights and Adhering to Ethical Principles
The National Human Rights Commission emphasized that the protection of human rights should be a core function of the police. It further stated that police practices should adhere to ethical principles, balancing the moral rights of victims with those of suspects. For instance, the use of deadly force should only occur based on necessity and proportionality.
Depoliticising the Police
The necessity of the present time is to depoliticise the police, insulating it from undue pressures, aligning with the recommendations given by the National Police Commission. This re-emphasizes the importance of the Supreme Court directives given in Prakash Singh’s case.
Last Modified: February 18, 2024