Toying with SC directives
- Hueiyen Lanpao Editorial :: April 19, 2013 -

Leaving aside the technicalities over which most State Governments have opposed to the proposed nationwide police reform measures accusing UPA Government at the Centre of trying to impinge on the federal powers of the State in the guise of police reforms, one thing that we can bet for sure is that anyone who have ever had any dealings or encounters with the 'the good, the bad and the ugly' side of the police would have no doubt over the urgency of police reforms in the country right from the most basic level onwards.

As a matter of fact, police organization in India in its present form is based essentially on the Police Act of 1861, which was specifically designed to raise a police force which would be 'politically more useful' to the administration of that time.

After long years of policing under this archaic legislation, the Indian Police Commission of 1902-03, which reviewed the working of the police for the first time ever, found that 'the police force throughout the country is in a most unsatisfactory condition, that abuses of power by the police are common everywhere, that this involves great injury to the people and discredit to the government, and hence radical reforms are urgently necessary'.

Does not all this sound too familiar even though the findings were made more than 100 years back and much before the well-publicised September 22, 2006 historic judgement delivered by the Supreme Court of India in the case of Prakash Singh and Others vs Union of India and Others?

Many may have viewed the September 22, 2006 judgment of the Supreme Court as a concrete step towards police reforms in the country and the apex court may have time and again issued various directives to the State Governments and the Union Territories for concretisation of police reform measures. However, many States have not yet complied with the directives.

In fact, if the recent high-level meeting called by the Union Home Minister to discuss issues on police reforms, wherein a majority of Chief Ministers including those of the Congress-ruled States thought it better to miss, is of any indication, then we can be absolutely sure that the road to police reforms is still uphill.

Of course, the absentee Chief Ministers as well as others may have genuine reservation over concepts like 'federal crimes', 'unilateral Central intervention', etc, which are definitely against the spirit of federalism enshrined in the Constitution, nonetheless, the urgency for police reforms in the country is something that could not be negated by anyone.

Interestingly, the ruling Congress-Government in the State which is well known for the 'Yes, Prime Minister' nature of nodding its head to everything that the Centre proposes has gone a step ahead of everyone in police reforms by claiming to have complied all the directives of the Supreme Court not just in constituting the all important Police Establishment Board, State Security Commission, State Level Police Complaint at the highest level but also District Level Complaint Authority for Imphal West and Senapati at the lower level, however, only on paper.

This is ingenious!!! Even if we may have betted for police reforms at the outset, this is definitely not where we would spend a dime on the wager.

By the way, just as the State Home Department has cleverly effected police reforms on paper, would it be able to wriggle out from the wrath of Supreme Court for playing with its directives? Let's bet on this.