Recently, the National Human Rights Commission (NHRC) has proposed that the Union Ministry of Home Affairs (MHA) and the State Governments establish Police Complaints Authorities. This recommendation comes in accordance with the judgement of Prakash Singh vs. Union of India, 2006. The purpose of these police reforms is to bring a change in the values, culture, policies, and practices of police organizations. The reforms are intended to ensure that police carry out their duties respecting democratic values, human rights and the rule of law, while enhancing their interaction with other sectors of the security industry.
NHRC Recommendations for a Comprehensive Police Reform
The NHRC provided several key recommendations directed towards substantial improvements in the existing system. These broad suggestions include:
Burden of Proof
The MHA and Law Ministry should consider the 113th report of the Law Commission of India. According to the report, Section 114 B should be added to the Indian Evidence Act, 1872 to ensure accountability in cases of custodial injuries.
Technology Adoption in Criminal Justice System
The legal framework needs to be amended to accommodate technological advancements. This will result in an efficient and speedy criminal justice system.
Ensuring Accountability
The commission also emphasized the need for compliance with the Supreme Court’s December 2020 order to install CCTV cameras with night vision in all police stations, aiming for increased transparency and accountability.
Community Policing
The recommendations also suggest involving trained social workers and law students in police stations. This will boost community policing and strengthen its incorporation into police manuals, laws, and advisories.
Supreme Court Directives in Prakash Singh Case 2006
The Supreme Court prescribed seven main directives including ensuring a fixed tenure for the Director General of Police (DGP), setting up a State Police Complaints Authority (SPCA), separating investigation and law and order functions, and forming a National Security Commission.
Modernisation of Police Forces
The Modernisation of Police Forces (MPF) scheme was initiated in 1969-70. The scheme seeks to enhance police efficiency through procurement of modern weapons, improving police mobility, upgrading police wireless systems, etc. However, there is a need to fully utilize the finances sanctioned by the government under this scheme.
Revamping Criminal Justice System
In addition to reforming the police forces, the criminal justice system needs a complete overhaul. In this context, implementing the recommendations of the Menon and Malimath Committees could be considered. Their key recommendations include creating a fund to compensate victims who turn hostile due to pressure, establishing an authority at the national level to deal with crimes threatening national security, and revamping the entire criminal procedure system.
