PREFACE
Government
resolution appointing the Commission
The
Government of India in the Ministry of Home Affairs, by its Resolution No. VI.
24021/36/77-GPA. I dated 15th November, 1977 appointed us, the six signatories
to this report, jointly to constitute the National Police Commission. The
Resolution is reproduced below :
No.
VI-24021/36/77-GPA. I-Far-reaching changes have taken place in the country after
the enactment of the Indian Police Act, 1861 and the setting up of the second
Police Commission of 1902, particularly during the last thirty years of
Independence. Though a number of States have appointed Police Commissions after
Independence to study the problems of the Police in their respective States,
there has been no comprehensive review at the national level of the police
system after Independence despite radical changes in the political, social and
economic situation in the country. A fresh examination is necessary of the role
and performance of the Police—both as a law enforcement agency, and as an
institution to protect the rights of the citizens enshrined in the Constitution.
The Government of India have, therefore, decided to appoint a National Police
Commission composed of the following:
1.
Shri Dharma Vira,
* Chairman (retired Governor)
2.
Shri N.K. Reddy, Member
(retired Judge, Madras High Court)
3.
Shri K.F. Rustamji
Member (ex-IGP, Madhya Pradesh and ex-Special Secretary, Home Ministry)
4.
Shri N.S. Saksena,
Member
(ex-IGP UP and ex-DG CRP and at present, Member U.P.S.C.)
5.
Prof. M.S. Gore,
Member (Professor, Tata Institute of Social Sciences, Bombay)
6.
Shri C.V. Narasimhan,
full-time
Member Secretary of (Presently Director, CBI)
the Commission (on relief from his present post.)
2.
The following will be the terms of reference of the Commission :—
(1)
Re-define the role, duties, powers and responsibilities of the police with
special reference to prevention and control of crime and maintenance of public
order.
(2)
Examine the development of the principles underlying the present policing
system, including the method of magisterial supervision, evaluate the
performance of the system, identify the basic weaknesses of inadequacies,
and suggest appropriate changes in the system and the basic laws governing the
system.
(3)
Examine, if any changes are necessary in the existing method of administration,
disciplinary control and accountability.
(4)
Inquire into the system of investigation and prosecution, the reasons for delay
and failure; the use of improper methods, and the extent of their prevalence;
and suggest how the system may be modified or changed, and made efficient,
scientific and consistent with human dignity; and how the related laws may be
suitably amended.
(5)
Examine methods of maintaining crime records and statistics and suggest methods
for making them uniform and systematic.
(6)
Review policing in rural areas, evaluate any new arrangements that have been
made, and recommend changes that are necessary.
(7)
Examine the system of policing required in non-rural and urbanised areas
including metropolitan areas, and suggest the pattern that would be the most
suitable.
(8)'Examine
the steps taken for modernising law enforcement, evaluate the work of police
communications the computer network, scientific laboratories and agencies for
research and development, and examine whether modernisation can be speeded up;
examine to what extent, as a result of the modernisation of police forces,
streamlining of its functions and its re-structuring, it would be possible to
economise in the manpower in the various areas of its activities.
(9)
Examine the nature and extent of the special responsibilities of the Police
towards the weaker sections of the community and suggest steps to ensure prompt
action on their complaints for the safeguard of their rights and interests.
(10)
Recommend measures and institutional arrangements :
(i)
to prevent misuse of powers by the police, and to examine whether police
behaviour, outlook, responsiveness and impartiality are maintained at the
correct level, and if not the steps such as recruitment and training which
should be taken to improve them;
(ii)
to prevent misuse of the Police by administrative or executive instructions,
political or other pressure, or oral orders of any type, which are contrary to
law;
(iii)
for the quick and impartial inquiry of public complaints made against the police
about any misuseof police powers;
(iv)
for the quick redressal of grievances of police personnel and to look after
their morale and welfare;and
(v)
for a periodic objective evaluation of police performance in a metropolitan
area/District/State in a manner which will carry credibility before the public.
(11)
Examine the manner and extent to which police can enlist ready and willing
co-operation of the public in the discharge of their social defence and law
enforcement duties and suggest measures regarding the institutional arrangements
to secure such co-operation and measures for the growth of healthy and friendly
public-police relationship.
(12)
Examine the methods of police training, development, and career-planning of
officers and recommend any changes that are required at any time in their
service, to modernise the outlook, and to make the leadership of the force
effective and morally strong.
(13)
Examine the nature of the problems that the police will have to face in the
future, and suggest the measures necessary for dealing with them, and for
keeping them under continuous study and appraisal.
(14)
Consider and make recommendations and suggestions regarding any other matter
which the Government may refer to the Commission; and
(15)
Any other matter of relevance or importance having an impact on the subject.
3.
The Headquarters of the Commission will be at Delhi.
4.
The Commission will devise its own procedure and may consult such advisers as it
may consider necessary for any particular purpose. It may call for such
information and take such evidence as it may consider necessary. Ministries and
Departments of the Government of India will furnish such information and
documents and other assistance as may be required by the Commission. The
Government of India trust that the State Governments, Union Territories
Administrations, Service Associations and others concerned will extend to the
Commission their fullest co-operation and assistance.
5.
The Commission will make its recommendations as soon as practicable.
ORDER
ORDERED
that a copy of the Resolution be communicated to all State Governments,
Administrations of Union Territories and Ministries/Departments of the
Government of India, Planning Commission, Cabinet Secretariat, Prime Minister's
Office, Lok Sabha and Rajya Sabha Secretariats.
2.
ORDERED also that the Resolution be
published in the Gazette of India for general information.
Sd/-(T.C.A.SRINIVASAVARADAN)
Secretary to the Government of India
Staff
2
Shri C.V. Narasimhan [took charge as the Member Secretary of the
Commission on 26th November, 1977. Immediately thereafter, discussions were held
with the Ministry of Home Affairs to settle the component of the secretariat
staff, vehicles and accommodation for the Commission. Staff sanctions were
issued in two installments on 2nd December, 1977 and 13th January, 1978. The
ministerial and executive staff joined the Commission from March-April, 1978
onwards. Some additional staff were sanctioned on 18th August, 1978. The
Commission's staff now comprise :
Principal
Director of Research
...
1
Officer
on Special Duty
... 1
Directors
of Research
... 5
Assistant
Directors of Research
...
8
Deputy
Superintendents of Police
...
2
Under
Secretary
...
1
Section
Officer
...
1 with supporting ministerial staff.
3
Arrangement of accommodation for the Commission took some time since it
was allotted a wing of the first floor of Vigyan Bhavan Annexe which it could
occupy only after it was vacated by the previous occupant. This was completed
only in April, 1978 and the Commission started functioning with Us complement of
staff and office from then.
Study
Groups in States
4
The Commission called on the Home Minister for a brief introductory
discussion and held its first sitting in the Ministry of Home Affairs on 22nd
December, 1978, when the mechanics for proceeding with its task and methodology
of its work were formulated. It was considered desirable to elicit views and
suggestions from a wide cross section of persons in different States, as police
practices differed from State to State depending on the field situations and the
experience of the State Administrations. The Commission accordingly requested
the State Governments on 28th December, 1977, to set up Study Groups consisting
of prominent publicmen, senior administrators, police officers and eminent
academicians for examining some important issues arising from the Commission's
terms of reference and evolving their views and recommendations thereon.
Seminars
5
It was also felt desirable that seminars be arranged in different parts
of the country to promote and activise thinking on police problems and elicit
views and suggestions from different sections of the public like lawyers,
businessmen, trade 'unionists, academicians, etc. The Inspectors General of
Police of States were addressed on 2nd January, 1978 to organise such seminars
with the co-operation of local bodies and voluntary organisations like
Universities, Institutes of Training, Institutes of Public Administration, etc.
Seminars were accordingly held in Karnataka, Andhra Pradesh, Kerala, Tamil Nadu,
Maharashtra, Madhya Pradesh, Gujarat, Uttar Pradesh and Delhi, when useful
discussions were held on several aspects of police work and some specific ideas
and suggestions emerged for consideration.
Press
note
•6
A press note was issued on 16th January, 1978 indicating the issues on
which the Commission would welcome ideas and suggestions from the general
public. The note was published in all national dailies and also regional
language newspapers in different parts of the country. The appeal was repeated
through the media twice and several suggestions were received in response
thereto.
Studies
entrusted to research and other institutions
Besides
the studies taken up by the Commission's secretariat research staff, the Bureau
of Police Research and Development, the Institute of Criminology and
Forensic Science, the National Police Academy and Police Research Centre,
Madras, have been given certain subjects for study, relevant to the Commission's
terms of reference. Studies on some subjects requiring an objective analysis of
career problems and collection of data from public as well as families of police
personnel have been entrusted to the Administrative Staff College of India,
Hyderabad, the Tata Institute of Social Sciences, Bombay, the National Council
of Applied Economic Research, New Delhi and the Indian Institute of Public
Opinion, New Delhi. Some committees of experts have also been set up to examine
issues like duties of Constables, welfare measures for the police personnel,
modernisation of police, problems of Railway Police, Quantum of force used for
dealingwith riots, police role in the enforcement of prohibition and policing in
the North-East region. These committees comprise senior administrators,
technicians, police and other officers who have considerable field experience
and expertise in dealing with the problems under study.
Commission's
visits to States
8
The Commission has so far visited Andhra Pradesh, Tamil Nadu, Karnataka,
Maharashtra, Punjab, Haryana, Bihar, West Bengal, Himachal Pradesh, Assam,
Meghalaya, Arunachal Pradesh, Nagaland and Manipur and held group discussions
with the State Government officials and others who either deal with police
matters or have interaction with the police in some context or the other. The
Commission had a general discussion with the State Inspectors General of Police
when they were in Delhi for their annual conference on 18th May, 1978.
Discussions were also held with the Lieutenant Governor, Chief Secretary,
Inspector General of Police and the Deputy Commissioner, Delhi. During these
tours and discussions the Commission took the opportunity to visit police
training institutions, police stations, staff quarters, etc., and acquaint
itself with actual field conditions. It also heard the views of policemen of
different ranks, including a large number of Constables and Head Constables.
Apart from these tours undertaken by the Commission as a whole, individual
Members of the Commission also visited different places in the country and held
discussions with,the State Government officials, police personnel and others.
Shri Dharma Vira, Chairman and Shri K. F. Rustamji, Member, who were recently on
a private tour abroad took the opportunity to observe the police systems in
Japan, Hong Kong, USA, Canada and UK and had brief general discussions with the
local functionaries to get an idea of the improvements/innovations made in those
countries to deal with new problems of policing.
9
Reports have so far been received from the Study Groups set up at the
instance of the Commission in the States of Tamil Nadu, Kerala, Uttar Pradesh,
Orissa, Maharashtra, Madhya Pradesh, Andhra Pradesh, Jammu & Kashmir,
Gujarat and West Bengal and the Union Territory of Andaman and Nicobar Islands.
Reports from the other Study Groups are awaited. The Union Territories of Delhi,
Chandigarh, Mizoram, Goa, Daman & Diu, Dadra and Nagar Haveli, Lakshadweep
and Pondicherry have informed that they have not set up Study Groups, in view of
the limited nature of their local problems and the fact of a few local
committees already examining some of them presently.
Questionnaire
10
On the basis of group discussions held in different States and the
reports and suggestions received from the State Study Groups besides other
organisations and individuals, a comprehensive questionnaire has been prepared
posing specific ideas and suggestions regarding a remodelled police system.
Copies of this questionnaire have been distributed in December, 1978, among a
wide cross section of public services as well as representative sections of the
general public including Members of Parliament, Members of State Legislatures,
Judges of the Supreme Court and High Courts, Bar Councils and Bar Associations,
Vice-Chancellors, Chambers of Commerce and Industries, Editors of widely
circulated newspapers and periodicals, political parties, senior members of
public services in the States, recognised Service Associations, senior officers
in the Central Government and some retired senior Administrators. A copy of this
questionnaire is furnished as Appendix—I. The feed-back we get on this
questionnaire will help us to finalise our recommendations on some of the
connected issues.
Commission's
Sittings
11
We have so far held
fourteen sittings of the Commission and discussed some issues in depth. From
what we have seen and heard already, we feel very much distressed and deeply
concerned about the increasing intensity of public complaints of police
oppression and atrocities. The picture of the police which emerges from the
reports of various Inquiry Commissions is far from flattering. Reports and
reviews frequently featured in the Press are highly critical of police
efficiency, behaviour and integrity. Public appear to be fast losing confidence
in the existing arrangements for checking gross abuse of powers by police and
also in the ability of the police to deal with the law and order and crime
situation in the country. At the same time, we feel greatly concerned to find
police morale, particularly at the level of the Constabulary to be very low, in
fact, dangerously low. The Constable feels dejected and frustrated and cut off
from the mainstream of police administration as well as public life. He feels
whether he acts well or badly his lot is only to receive brick-bats and never a
bouquet.
12
While continuing our examination of the different issues concerning the
police system as a whole, we strongly feel, for reasons detailed in the
following chapters, that there is immediate need to—
(i)
rectify serious deficiencies in the living and working conditions of the
Constabulary which
