Useful notes on the Police Act of 1861 and Politicization of Police

This brings us to the root cause of the problem, i.e. the police forces by and large are still functioning under Police Act of 1861, which had been made by the British in the wake of “Sepoy Mutiny” of 1857 The legislation was passed on the basis of recommendation of Police Commission of 1860, which h ‘ made it clear that they proposed to organize a police which would be, “Politically more useful”.

In fact the police manual rules framed under Police Act went further to allow interference in police work back as 1902-03, the Frazer Commission, which examined the working of police had commented that number of rules and regulations framed by “Provincial Governments” were contrary to the spirit off Police Act and there had been a degree of interferences, which the law did not contemplate and whit had been prejudicial to the interest of the police department.

With the dawn of Independence, it w expected that a new role and mission for the police would be defined and the latter would be ma answerable to the law and the people. Tragically, it has not happened. Examples of misuse of police f narrow political purposes saw its nadir during emergency in 1975-1976, when it was used or it allow itself to be used for purposes, some of which, to say the least, were highly objectionable.

David of Graduate School of International Studies, University of Denver, has done extensive study of police work in India over a long period. In a paper, “The Police and Political Order in India” in November 1981 he wrote, “The past decade has been a time of unprecedented stress for the Indian Police. Briefly, they have been deeply involved in partisan politics.

They are preoccupied with it, have been penetrated by it and have organized collectively to participate in it. Their politicization has produced, in my judgment, a palpable decline in the rule of law”. He further added, “Politics had been gradually creeping into policy into decision-making for long time.

The Emergency nearly injected it explicitly and dramatically. Th emergency represents high politicization”. Mr. Bayley further wrote “Police Officers themselves are n blameless, recognizing appointments, promotions, and especially postings often depend on politic influence, officers safeguard themselves by making political allies.”

The Bureau of Police Research & Development (BPR&D) Govt, of India, in a research paper, “Political and Administrative Manipulations of the Police,” published in 1979 also warned that “excess! Control of the political executive and its principal advisers on the police has the inherent danger ol making it a tool for subverting the process of law, promoting the growth of authoritarianism and shaking the very foundations of democracy”. Needless to say, the warning went unheeded.

In the elections to Lok sabha held in 1977, Mrs. Gandhi was voted out of power. The people of the country once again reiterated their faith in democracy and rejected Emergency.

The Janata Par Government which replaced Mrs. Gandhi decided to do something concrete to reform the police to make it in tune with democratic system.

They appointed a high-power Commission, namely, National Police Commission to examine all aspects of contemporary police system. This was only the third time that in modern India the central Government thought of examining policing on National scale, and more remarkably first time since Independence.

The other police commissions were appointed prior to Independence, i.e. in 1860 and 1902. The commission submitted its reports in 8 parts. Only the first has been made public so far and most of recommendations, particularly in core areas of police reforms, remain unimplemented. Some initiatives have been taken in recent years. The matter is before Supreme Court. This calls for separate discussion.