September 22 is observed as Police Reforms Day in India. It was on this day in 2006 when the Supreme Court gave its landmark judgment listing out seven key steps for ushering in the much needed police reforms. These include – limiting political control, merit-based appointment, fixing minimum tenure, separating functions of investigation from maintaining law and order, setting up of a fair and transparent system, establishing a police complaints authority in each state and setting up a National Selection Commission. The judgment came as a result of a long struggle since 1996 by senior police officer Prakash Singh along with senior lawyer Prashant Bhushan and others.
To limit political control the states are tasked with constituting a State Security Commission to ensure that state governments do not exercise unwarranted influence or pressure on the police. The State Security Commission would also lay down broad policy guidelines for policing and also evaluate the performance of the police. It is a sad commentary on the governance of this country that very few states have complied with the Supreme Court directives even today. The apex Court has given a strong call to insulate the post of Director General of Police from politics for which it has ordered that appointment be made through a merit–based, transparent process, and that the person appointed secures a minimum tenure of 2 years. The setting up of a Police Complaints Authority in each state down to the district level is also an imperative since there is hardly any police accountability mechanism in place.
In a scenario where the police are increasingly being accused of being a tool of the government in power it is important for the country to remind itself that the police are paid to protect the life and liberty of citizens. The manner in which the anti-CAA protests leading to the Delhi riots in February this year where 42 lives were lost and the subsequent unfair arrests made, suggest that the police were not operating in a free and fair manner but were tools of the ruling government. This does not bode well for the country as the public faith in the police is shaken thereby pushing people to take the law into their hands.
Meghalaya is one of the few states where a State Security Commission is in place and has been functioning relatively well when compared to other states that did not follow the SC directives in toto. However, police reform measures are not static. New protocols have to be developed for police guidance as fresh and unanticipated challenges emerge in various areas which could result in new frictions. Policing has changed considerably after the Covid-19 pandemic and it is likely that police-public tension points could arise in these extremely challenging times.