CHAPTER II POLICE SYSTEM IN INDIA AND CHANDIGARH

CHAPTER II POLICE SYSTEM IN INDIA AND CHANDIGARH 2.1 Introduction 2.2 Historical Background 2.2 (a) Ancient Period 2.2 (b) Medieval Period 2.2 (c) British Period 2.2 (d) Independent India 2.2 (e) Police during Emergency 2.2 (f) National Police Commission 2.2 (f) (i) Political Interference in Policing 2.2 (g) Police Legislation in India 2.2 (h) State Police Organisations 2.2 (h) (i) Recruitment 2.2 (h) (ii) Training 2.3 Current Status of Police 2.3 (a) Commissionerate System 2.3 (b) Rank of Police Officers 2.3 (c) Functions of the Police 2.3 (d) Code of Conduct for the Police 2.3 (e) Police Strength in India 2.4 Police System in Chandigarh 2.4 (a) History 2.4 (b) Organisational Structure 2.4 (c) Specialised Units of Chandigarh Police 2.4 (d) Citizen s Charters 2.4 (e) Jurisdiction Map 2.4 (f) Traffic zone Jurisdiction Map 2.4 (g) Recruitment 2.4 (h) Police Training in Chandigarh 2.5 Conclusion 93

2.1 Introduction The Indian Police has a long past and has reached its present state passing through various social, political and cultural vicissitudes. The modern police system appears to be unique and peculiar amalgam of various features of Ancient, Mughal and British policing systems. The present police system structurally and functionally owes its presence to the various Acts and Enactments promulgated by the colonial rulers. The Indian Police Act, 1861 lays the foundation of the Indian Police but the justification to follow the same Act even after more than 150 years has become doubtful. It is therefore correctly said that the present-day Indian Police System, in the contemporary contexts has become old, archaic and out-dated. 73 In this context the Indian Government appointed the National Police Commission (NPC) in 1977 under the Chairmanship of Mr. Dharamveer. It has wide terms of references covering the police organisation, its role, functions, accountability, relations with the public, political interference in its work, misuse of powers, evaluation of its performance. This was the first Commission appointed at the national level after Independence. The Commission submitted eight reports between 1979 and 1981, suggesting the wide range of popular reforms in the prevailing police set-up. None of the major recommendations were adopted by any government. This persuaded two former Director General s of Police (DGPs) in 1996 to file a Public Interest Litigation (PIL) in the Supreme Court asking the Court to direct governments to implement the NPC recommendations. In the course of the 10 year long case, in 1998 the Court set up the Ribeiro Committee which handed in its reports in 1999. This was followed by the Padmanabhaiah Committee report in 2000 and eventually the Police Act Drafting Committee (PADC or Soli Sorabjee Committee) that drafted a new model police bill to replace the colonial 1861 Police Act. Meanwhile very little was ever done on the ground to improve policing or implement recommendations put forth by any of these committees or commissions. It was only a decade later in 2006 that the Court delivered its verdict. In what is popularly referred to as the Prakash Singh case the Supreme Court ordered that reform must take place. The states and union territories were directed to comply with seven binding directives that would kick start reform. These directives pulled together the various strands of improvement generated since 1979. The Court required immediate implementation of its orders either through executive orders or new police legislation. Initially, the Court itself 73 Indian Police: An Introductory and Statistical Overview available at http://police.pondicherry.gov.in/ Model%20Police%20Manual%20by%20BPRD/Draft%20Police%20Manual%20BPRD%20-Volume%201.pdf accessed on 24 th November 2013. 94

monitored compliance of all States and Union Territories. However, in 2008 it set up a three member Monitoring Committee with a two year mandate to examine compliance state by state and report back to it periodically 74. Consequently, a Model Police Act 75 has been formulated and circulated to state governments. The State Governments are further preparing to enact new Police Acts for their respective police organizations 76. India with an area of 32, 87,782 sq. km/s and a population of 1,028,737,436 (as per Census of India, 2011 77 ) is a union of twenty nine states and seven union territories 78. The powers and responsibilities of the union and states are demarcated in the Constitution of India. Article 246 of the Constitution distributes the legislative powers between the Parliament and the State Legislative Assemblies. It refers to three lists of subjects given in the Seventh Schedule of the Constitution: List 1: Union List - includes subjects in respect of which the Parliament has the sole power to make laws. List 2: State List includes subjects in respect of which the State legislature has exclusive powers to make laws. List 3: Concurrent List - consisting of subjects on which both the Parliament and the State Legislatures have concurrent powers to make laws. Though Indian Constitution has mandated Police and Public Order to be state subjects, there are certain provisions in the Constitution, which empower the Central Government to intervene in some situations or perform special functions in police matters. It is the duty of the Centre to protect states against internal disturbances and to ensure that the 74 http://www.humanrightsinitiative.org/programs/aj/police/india/initiatives/seven_steps_to_police_reform.pdf accessed on 14th March, 2015. 75 Recommendations of National Police Commission were not adopted by the Government. This persuaded two former Director General s of Police (DGPs) in 1996 to file a Public Interest Litigation (PIL) in the Supreme Court asking the Court to direct governments to implement the NPC recommendations. In the course of the 10 year long case, in 1998 the Court set up the Ribeiro Committee which handed in its reports in 1999. This was followed by the Padmanabhaiah Committee report in 2000 and eventually the Police Act Drafting Committee (PADC or Soli Sorabjee Committee) that drafted a new model police bill to replace the colonial 1861 Police Act. Meanwhile very little was ever done on the ground to improve policing or implement recommendations put forth by any of these committees or commissions. 76 Seven Steps to Police Reforms available at http://www.humanrightsinitiative.org/programs/aj/ police/india/initiatives/seven_steps_to_police_reform.pdf accessed on 24 th November 2013. 77 http://www.censusindia.gov.in/(s(bwwkpyujquucy43nj0bj0efs))/census_data_2001/india_at_glance/popu1.as px accessed on 24 th November 2013. 78 States are - Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharastra, Manipur, Meghalaya, Mizoram, Nagaland, Orissa, Punjab, Rajasthan, Sikkim, Tamilnadu, Telengana, Tripura, Uttar Pradesh, Uttaranchal and West Bengal. Union Territories are areas, which do not form part of states jurisdiction and are under the control of the central government. These are Andaman and Nicobar Islands, Chandigarh, Dadra & Nagar Haveli, Daman & Diu, Delhi, Lakshadweep Islands and Pondicherry. 95

governance of every state is carried on in accordance with the provisions of the Constitution (Article 355). Article 246 of the Constitution of India places the police, public order, courts, prisons, reformatories, borstal and other allied institutions in the State List. Understanding the criminal justice system is a prelude to understanding the police. Criminal Justice System: Criminal Justice refers to the agencies of government charged with enforcing law, adjudicating crime, and correcting criminal conduct. The criminal justice system is essentially an instrument of social control: society considers some behaviour so dangerous and destructive that it either strictly controls their occurrence or outlaws them outright. It is the job of the agencies of justice to prevent these behaviours by apprehending and punishing transgressors or deterring their future occurrence. Although society maintains other forms of social control, such as the family, school, and religion, they are designed to deal with moral, not legal, misbehaviour. Only the criminal justice system has the power to control crime and punish criminals. So, the main objectives of the criminal justice system can be categorized as follows: To prevent the occurrence of crime, To punish the transgressors and the criminals, To rehabilitate the transgressors and the criminals, To compensate the victims as far as possible, To maintain law and order in the society, To deter the offenders from committing any criminal act in the future. Indian criminal justice system- both substantive and procedural- is replica of the British colonial jurisprudence 79. Criminal Justice System in India includes the criminal laws, substantive laws and procedural laws which are as follows: Criminal Law: The criminal law consists of the substantive law contained in the Indian Penal Code (IPC) as well as the special and local laws enacted by the central and state legislatures from time to time and the procedural law laid down mainly in the Code of Criminal Procedure, 1973 (Cr.P.C) and the Indian Evidence Act, 1872. These three major Acts, i.e. the IPC, Cr.P.C and the Indian Evidence Act were enacted by the British during the second half of the 19th century. Of these, the only major law that has been revised since Independence is the Cr.P.C, which was revised in 1973 on the recommendations made by the 79 http://www.legalserviceindia.com/articles/op.htm accessed on 1st April 2015. 96

Law Commission of India. The other two laws, except for some minor amendments, have remained unchanged. Substantive Law: The IPC defines different types of crimes and prescribes appropriate punishment for offences. Offences are classified under different categories- offences against state, armed forces, public order, public justice, public health, safety, morals, human body, property and offences relating to elections, coins, government stamps, weights and measures, religion, documents and property marks, marriage and defamation. The IPC has 511 Sections, of which 330 are about punishments. Besides IPC, the local and special laws (SLL) also contain penal provisions. These laws have been enacted from time to time mainly to deal with new emerging forms of crime and to protect the interests of the weaker sections of society. A large number of criminal offences are registered under these laws, some of which relate to possession and manufacture of arms, ammunition and explosives; drugs; gambling; immoral trafficking in women; atrocities against scheduled castes and tribes; excise and prohibition; smuggling; hoarding and profiteering in essential commodities; food adulteration; traffic offences etc. Procedural Law: Procedural law describes the procedure to be followed in a criminal case from registration, investigation and to its final disposal after a proper trial by a court of law. The police are not empowered to take cognizance of all penal offences. Criminal law makes a distinction between two categories of offences- cognizable and non-cognizable. The process of criminal justice 80 has the following main steps: Step- 1: Registration of the First Information Report (FIR) The process of criminal justice is initiated with the registration of the First Information Report. The FIR is a written document prepared by the police when they receive information about the commission of a cognizable offence. Step- 2: The police officer proceeds to the scene of crime and investigates the facts of the case. Police investigation mainly includes: o Examination of the scene of crime o Examination of witnesses and suspects o Recording of statements o Conducting searches o Seizing property 80 Police Organisation in India Commonwealth Human Rights Initiative, New Delhi available at http://www.humanrightsinitiative.org/publications/police/police_organisations.pdf accessed on 4th December 2014. 97

o Collecting fingerprint, footprint and other scientific evidence o Consulting records and making entries in the prescribed records, like case diary, daily diary, station diary etc. o Making arrests and detentions o Interrogation of the accused Step-3: After completion of investigation, the officer in charge of the police station sends a report to the area magistrate. The report sent by the investigating officer is in the form of a charge sheet, if there is sufficient evidence to prosecute the accused. If sufficient evidence is not available, such a report is called the final report. Step-4: On receiving the charge sheet, the court takes cognizance and initiates the trial of the case. Step- 5: The charges are framed. The procedure requires the prosecution to prove the charges against the accused beyond a shadow of doubt. The accused is given a full opportunity to defend himself. Step- 6: If the trial ends in conviction, the court may award any of the following punishments: o Fine o Forfeiture of property o Simple imprisonment o Rigorous imprisonment o Imprisonment for life o Death Sentence 2.2 Historical Background The police system in India is as old as the nation itself. Its origin may be traced to the feudal obligation of the land owners to maintain, the semblance of order in their estates by means of underpaid and disorderly rabble. The indigenous system of police, based upon the responsibility of the landholders was gradually modified by the progressive intervention of the state. A popular belief is that the Indian Police System is a creation of the British Rule in India but a study of the ancient Indian history 81 shows the origin and development of the law enforcement institutions since the Vedic period. Kautilya, who established an elaborate system of policing and laid down several grades of bureaucracy, could rightly be called 81 http://www.keralapolicehistory.com/hist1.html accessed on 24 th November 2013. 98

the father of the modern concept of police 82. The history of the Indian Policing System can be classified in terms of police in Ancient period, British period, and independent India to elaborate the growth of contemporary police in India. 2.2 (a) Ancient Period The first institution of state police may be traced to the pre-mauryan period. Its full development is recorded in Kautilya s Arthashastra 83. It mentions that the police during ancient India was divided in two wings, namely, the regular police and the secret police. The regular police consisted of three tiers of officials: the Pradesta (rural) or the Nagaraka (urban) at the top, the rural and urban Sthanikas in the middle and the rural and urban Gopas at the bottom. In the course of his description of the Pradesta s duties, Kautilya tells how an inquest was held in case of sudden death. This involved a post-mortem examination of the body as well as thorough police investigation. In Kautilya s work the secret police is divided into two categories namely, the peripatetic and the stationary. The Manu Smriti prescribed instructions for the King to detect offences with the help of soldiers and spies. The Katyayana Smriti mentions of informant and investigating officer. This suggests that an agency like modern police existed during that period to assist the King in administration of justice. 84 With the passage of time police s responsibility also widened. Different organizations had to be necessarily created in order to effectively implement the law enforcement, and bring the criminals to justice. Principles of internal security, the moral and ethical responsibilities of the king and the system of policing developed in ancient towns and villages were effectively followed and improved by the successive Hindu kings. Ancient India saw police as an instrument under the kings. There were ministers or important individuals who were vested with police functions. With the advent of the Mughals, policing became a subsidiary aspect of the conqueror s strategic, military and revenue requirements. The age-old community based policing was largely replaced with a mercenary and exotic group of people with official patronage. Even then, community policing, either through the medium of the landlords or through the village level panchayats and analogous bodies persisted to a certain extent. 82 M.B. Chande (1997), The Police in India, Atlantic Publishers and Distributors, New Delhi, p. 56. 83 Anupam Sharma (2004), Police in Ancient India, The Quarterly Journal of Political Science, Vol. 65, No. 1, Jan-March. 84 Dalbir Bharti (2002) The Constitution and Criminal Justice Administration A.P.H. Publishing Corporation, New Delhi. 99

2.2 (b) Medieval Period During the Mughal period, organized patterns were setup in the police system. The extract from the edict framed by Abul Fazal (Minister of the Emperor Akbar) shows that the Mughal system of police followed closely on the lines of the indigenous system in the country. The system of mutual security is almost identical with that which existed in England in Anglo-Saxon times. The Thane (police stations) in the time of King Alfred was required to produce the offender or in order to satisfy the claim, so in India the zamindar was bound to apprehend all disturbers of the public and to restore the stolen property or public order. Under the large zamindars there were a number of subordinate tenure-holders to help them in maintenance of law and order in their estate. This village responsibility was enforced through the headman, who was always assisted by one or more village watchmen. The latter were the real executive Police at the village level. As regards the village police, the Mughal Authorities allowed the old stem coming down from the times of the Hindu rulers to continue. The headman of the village d his subordinate watchmen were allowed to continue with their work of maintaining law and within their jurisdiction. The villagers were made responsible for any loss incurred within limits or any crime committed within their jurisdiction. They had either to recover the stolen things or pay for the same. The Faujdar was responsible for the maintenance of law and order in the district or Sarkar primary duties were the policing of the roads, the suppression of disorder of any kind and the election of the state dues from the rebellious villages with the help of force. The Faujdar was required either to recover the property or to impregnate the owner for the loss. Manucci tells us that in the Reign of Shah Jahan the Faujdar had to pay compensation to anyone who was robbed on the road in the daylight. However, if the robbery occurred at night, the traveller was held to be at fault for not having halted earlier and he received no consideration or compensation at all. It is noteworthy that during the Mughal Period, all travellers were required to stop their journey at sun-set. The Kotwal was in charge of the urban police. He was required to keep a register of houses and roads. He divided the town into quarters and placed an assistant in direct charge of each quarter. The assistant was required to report daily arrivals and departures. The kotwal kept a small army of spies or detectives. He was required to apprehend thieves and find out the stolen goods. If he was not able to recover the stolen property, he had to make good the loss. He kept an eye on the currency. He fixed local prices. He checked weights and measures. He was required to prevent the slaughter of cattle. He kept a check on slavery. He 100

expelled dishonest tradesmen from the urban areas. He was expected to know everything about everybody within his jurisdiction. A lot has been said regarding the personal liabilities of the Kotwal for the goods stolen within his jurisdiction. In a case, there was a burglary. When the Kotwal was not able to find out the thieves, the complainant was beaten mercilessly and ultimately forced to admit that no burglary had taken place in his house. He was ordered by the Kotwal to get into the hole which had been created by the thieves for the purposes of getting into his house and when he failed to do so, he was held to be a liar. Such cases must have been very frequent. 85 2.2 (c) British Period The glaring differences between the systems of policing from one state to another were noticed by the Britishers. Realizing the need for a unified policing system in India, the Britishers by a process of experimentation evolved the prevailing pattern of Police, modelled on the pattern of army. The police personnel were utilized mainly for quelling disturbances by the civil population. This system was the basis for the formation and functioning of all police systems in India. The first hundred years of British rule in India saw a number of remarkable changes in the system of criminal justice administration. With the East India Company s interference in the country s administration, laws were revised to suit the imperial needs. Warren Hastings suggested the first major amendments in 1772, when he prepared a detailed note indicating the remedial measures necessary to maintain law and order in Bengal. His report was later amended from time to time but the basic features are still discernible. Lord Cornwallis was the first British administrator who tried to improve the police system. He appointed a Superintendent of Police for Calcutta in 1791 and thereafter, extended his efforts to the mofussil. Cornwallis took police powers out of the hands of the zamindars of Bengal, Bihar and Orissa, and ordered, in 1793, the District Judge to open a police station for every four hundred square miles and to place a regular police station officer over it. He was known as the Daroga. The Kotwal continued to be in charge of the police in the town. The period (1801-1860) turned out to be a period of clumsy attempts in organizing the police system in the country. Each province made attempts to organize it in divergent ways. The revolt of 1857 drew the attention of the Government of India to the urgency of 85 Pragati Sen available at http://www.preservearticles.com/2012041030123/get-complete-information-onpolice-organisation-of-mughal-empire.html accessed on 24 th May 2014. 101

police reorganization 86. Accordingly, the First Police Commission, appointed on 17 August 1860, contained detailed guidelines for the desired system of police in India and defined police as a governmental department to maintain order, enforce the law, and prevent and detect crime. 87 Its main recommendations were embodied in the Indian Police Act of 1861. The aims of the Act as enshrined in the Act itself were to re-organize the police and to make it a more efficient instrument for the prevention and detection of crime. This Act is still in force in India without any significant change. The Second Police Commission (1902-1903) went into details of the organizational structure of police at the district level, functioning of the railway police and the river police, recruitment, training and pay structure of different subordinate ranks of police. 88 Prior to Independence, superior police officers who belonged to the Indian (Imperial) Police were appointed by the Secretary of State on the basis of competitive examination. The first open competition for the service was held in England in June 1893 and the top ten candidates were appointed as probationary Assistant Superintendent of Police. 89 It is not possible to pinpoint a date on which it could positively be claimed that the Indian Police came into being. However, in 1907 the Secretary of State s officers were directed to wear the letters "IP" on their epaulettes to distinguish them from the other officers not recruited by the Secretary of State. In this sense, 1907 could be regarded as the starting point for the Indian Police. 2.2 (d) Independent India The advent of Independence changed political system of India, but the police system remained more or less unaltered. The Police Act of 1861 continued to govern the prevailing police system. Status-quo was applied to its managerial philosophy, value system and ethos. The powers granted to politicians and bureaucrats to exercise control and superintendence over the police remained the same. They were establishment supportive police force, considerably distant from the community and they continued to remain so. Some state governments have enacted new legislation after Independence to govern the functioning of their police forces. For instance, the Police Forces in Maharashtra and Gujarat were governed by the Bombay Police Act of 1951, in Kerala by the Kerala Police Act 86 Dalbir Bharti (2002) The Constitution and Criminal Justice Administration, A.P.H. Publishing Corporation, New Delhi. 87 Essay on the Evolution of Law and Order Administration in India by Dnyanesh Kumar available at http://www.preservearticles.com/2011100514750/essay-on-the-evolution-of-law-and-order-administration-inindia.html accessed on 1st April 2015. 88 http://www.keralapolicehistory.com/history.html accessed on 1st April 2015. 89 M. B. Chande (1997), The Police in India, Atlantic Publishers & Distributors, New Delhi. 102

of 1960, in Karnataka by the Karnataka Police Act of 1963, in Delhi by the Delhi Police Act of 1978. Some State Governments have also framed separate legislations to regulate the working of their State Armed Police Forces. However, the enactment of these laws after Independence has not brought about any significant improvement in the organisational structure, performance or behaviour of the Police Forces. Since the new enactments were patterned on the model of the old 1861 legislation. They are silent about the new requirements of democratic policing as the colonial legislation was. In fact, some of these state Acts, like the Bombay Police Act, 1952 further tightened the executive control over the police force, without introducing any safeguards to prevent the misuse of police force for partisan purposes and without incorporating effective mechanisms to ensure police accountability. The result was there for all to see during the communal riots in Gujarat in 2002 90. 2.2 (e) Police during Emergency For a couple of decades after Independence, the standard of leadership in both politics as well as police was quite good. Gradually, however, the standards started declining, with politics becoming increasingly contentious and criminalised, leading to a perceptible decline in the quality of control exercised over the police and increasing misuse of the organisation by people in positions of power for partisan interests. Almost all the State Police Commissions, National Police Commission and other expert bodies which inquired into the problems of the police in India found overwhelming evidence of misuse of police by politicians for narrow selfish ends. 91 This was particularly seen during the period of Emergency 92 (1975 & 1977) when the police committed atrocities on a wide scale. The brazen manner in which the police were misused during this period prompted the government that came to power at the center after the Emergency to appoint the Shah Commission of Inquiry 93. The Shah Commission unearthed considerable evidence to prove that during the period of Emergency, some police officers behaved as though they were not accountable at all to any public authority. In its report, the Shah Commission told the government: employing the police to the advantage of any political party is a sure source of subverting the 90 Are Indian Police a Law unto themselves? A Rights Based Assessment by K.S. Subramaniam available at http://www.countercurrents.org/subramanian300912.pdf accessed on 26th November 2014. 91 Police Accountability in India by G.P. Joshi available at http://www.humanrightsinitiative.org/programs/ aj/police/papers/gpj/police_accountability_in_india.pdf accessed on 1st April 2015. 92 The Indian Police System: A Reform Proposal by Ebba Martensson available at www.hrsolidarity.net/ mainfile.php/2005vol15no05/2448/ accessed on 23 rd May 2014. 93 Shah Commission Report on Emergency: Lost and Regained an Interview with Era Sezhein available at http://www.junputh.com/2013/06/shah-commission-was-commission-of.html accessed on 21st April 2014. 103

rule of law, and asked the central government to take measures to insulate the police from illegitimate political and executive interference. 2.2 (f) National Police Commission The Government of India appointed the National Police Commission (NPC) on 15 th November 1977. The NPC was asked to make a comprehensive review of the police system, having regard to the far- reaching changes that had taken place in the country after the enactment of the Indian Police Act of 1861, the report of the last Police Commission of 1902 and particularly those changes which had taken place since Independence. The NPC had fairly wide and comprehensive terms of reference, including a fresh examination of the role and performance of the police, both as a law enforcement agency and as an institution to protect the rights of citizens enshrined in the Constitution. One of its most important terms of reference required it to recommend measures and institutional arrangements to prevent misuse of powers by the police and misuse of the police by politicians or other pressure groups. During the period between 1979 and 1981, the NPC produced eight reports (Ist Report in February 1979, IInd Report in August 1979, IIIrd Report in January 1980, IVth Report in June 1980, Vth Report in November 1980, VIth Report in March 1981, VIIth Report in May 1981, VIIIth Report in May 1981) 94. Some major recommendations concentrated around the problem of insulating the police from illegitimate political and bureaucratic interference included: setting up of a Security Commission in each state to see that the government exercises its superintendence over the police in an open manner within the framework of law; prescribing a selection procedure that would ensure the appointment of the best officers to head the state police force; giving these officers a fixed minimum tenure so as to reduce their vulnerability; amending rules so that arbitrary transfers of police officers done without authority would become null and void; and replacing the Police Act of 1861 with a new Police Act. Unfortunately, none of the above recommendations of the NPC has been implemented. These recommendations perturbed the entrenched elite at the prospect of losing control over an organization, which they have been misusing for so long. Politicians and 94 The Indian Police Journal, April-June 2013, Vol LX, No.2 available at http://bprd.nic.in/writereaddata /mainlinkfile/file1222.pdf accessed on 01st January 2014. 104

bureaucrats have developed vested interest in retaining control and superintendence over the police organization and in letting the status quo continue. 2.2 (f) (i) Political Interference in Policing The nexus between the criminals and politicians has become stronger; therefore they are able to subvert the loyalty of the functionaries at different levels in the government, including the police. Criminalisation of politics has gradually led to undermining the authority of the police leadership and consequently the discipline of the force. Over the last few decades, there has been a large influx of criminals into the Indian politics. The Election Commission of India estimated in late 1990s that 40 members of Parliament and 700 members of State Legislative Assemblies had criminal records. 95 The police are a hierarchical organisation. If the effectiveness of the leadership is undermined, the entire force becomes vulnerable to wrong influences, with the functionaries at different levels looking elsewhere for protection and rewards. Besides breeding indiscipline in the force, it promotes a climate in which impunity flourishes. It ultimately shakes the confidence of the public in the police. According to the Association for Democratic Reforms (ADR), which analysed the election affidavits filed before the Election Commission, 34 per cent of the new MPs in the 16 th Lok Sabha face criminal charges. 96 As the Parliamentary Standing Committee on Home Affairs mentioned in its report in April 2002 97 : Today we have a police, which is politicised and politically polarised. For it has become a pawn in the hands of its masters. In return, the policemen get political patronage, which has become essential for their survival. 2.2 (g) Police Legislation in India The Police Act of 1861 remains the central piece of legislation that governs all aspects of policing in India. Much of police work is also administered by the Indian Penal Code (IPC), the Code of Criminal Procedure (Cr.P.C) and the Indian Evidence Act 1872. The 1861 Act was established directly after the Indian Mutiny of 1857. The experience of such firm resistance led the colonial rulers to impose a regime police force upon their subjects, which could be used solely to consolidate and perpetuate their rule in the country. In fact, the 1861 95 Police Accountability in India by G.P. JOSHI available at http://www.humanrightsinitiative.org/ programs/aj/police/papers/gpj/police_accountability_in_india.pdf accessed on 2nd April 2015. 96 16th Lok Sabha will be Richest, Have Most MPs with Criminal Charges available at http://www.thehindu.com/news/national/16th-lok-sabha-will-be-richest-have-most-mps-with-criminal-charges article6022513.ece accessed on 26th June 2014. 97 The Ujjain Shocker available at http://archive.indianexpress.com/news/the-ujjain-shocker/12263/ accessed on 26 th December 2014. 105

Act instituted a police system designed to be absolutely subservient to the executive and highly authoritarian. The managerial philosophy of the police hierarchy was based on distrust of the lower ranks 98. The Indian independence changed the political system, but the police system retained its colonial underpinnings. The Police Act of 1861 was not replaced and Political control over the police remained intact. Implanting mechanisms to assure accountability of the police to the public it serves did not become a priority. The managerial philosophy, value system, and ethos of the police remained militaristic in design, and suppressive in practice. To this day, the police system in India can be characterized as a regime force, which places the needs of politicians or powerful individuals over the demands of the rule of law and the needs of citizens. 99 The years after independence witnessed the enactment of new legislation in several states of the country. The first to come into force was the Bombay Police Act of 1951, which also governs the police forces in Maharashtra and Gujarat. Next was the Kerala Police Act of 1960, followed by the Karnataka Police Act of 1963, and lastly the Delhi Police Act of 1978. Most recently, the Government of Madhya Pradesh framed a Police Bill, 2002. Unfortunately, these new Acts were patterned almost exactly on the model of the 1861 Act, resulting in no significant improvement in the performance or behaviour of the police forces. In fact, some of these state Acts tightened political control even further over the police force, without introducing any safeguards to prevent misuse of the police for partisan purposes, or creating effective mechanisms to ensure police accountability 100. 2.2 (h) State Police Organisations Police being a state subject, each state and union territory of India has its own separate police force. Thus State Governments frame the rules and regulations that govern each police force. These rules and regulations are contained in the police manuals of each state force. Each state is headed by Director General of Police (DGP), who is responsible to the state government for administration of police force and for advising the government on police matters. The DGP represents the highest rung in the police hierarchy. The police had a hierarchical structure, with the police constable and the Director General of Police at the two 98 Essay on the evolution of Law and order administration in India by Dnyanesh Kumar available at http://www.preservearticles.com/2011100514750/essay-on-the-evolution-of-law-and-order-administration-inindia.html accessed on 1st April 2015. 99 Ibid. 100 http://www.humanrightsinitiative.org / index.php? option = com_content&view = article&id = 88 & Itemid = 99 accessed on 25 th March 2014. 106

extremes of the organisation. The hierarchical structure of the police in India follows a vertical alignment consisting of senior officers drawn, by and large, from the Indian Police Service (IPS) who do the supervisory work, the "upper subordinates" (inspectors, subinspectors, and asst. sub-inspectors) who work generally at the police station level, and the police constabulary who are delegated the law and order, surveillance, guard duties, and patrolling work etc. The base of the police organisation is very heavy, with constabulary accounting for about 87.61% of the total strength. The upper subordinates i.e. Inspectors, Sub-Inspectors and Assistant Sub-Inspectors constitute about 11.51% of total strength (Figure No 1). The officers from the rank of DySP/ASP to the DGP account for less than 0.88% of the total police strength 101. Figure No. 2.1 Pyramidal Structure Level I DGP to Deputy SP (0.88 %) Level II Inspectors, SI & ASI (11.51 %) Level III Police Constabulary (Head Constable to Constable) (87.61 %) The police organisation and working are governed by rules and regulations framed by the state governments. These rules and regulations are outlined in the Police Manuals of the state police forces. Each State/Union Territory has its separate police force. Despite the diversity of police forces, there is a good deal that is common amongst them. This is due to four main reasons: The structure and working of the State Police Forces are governed by the Police Act of 1861; the State Police Acts are modelled on the 1861 legislation. Major criminal laws, like the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act are uniformly applicable to almost all parts of the country. The Indian Police Service (IPS) is an All India Service, which is recruited, trained and managed by the Central Government and which provides the bulk of senior officers to the State Police Forces. 101 Police Organisation in India Commonwealth Human Rights Initiative, New Delhi available at http://www.humanrightsinitiative.org accessed on 23 rd June 2014. 107

The quasi-federal character of the Indian polity, with specific provisions in the Constitution, allows a coordinating and counselling role for the Centre in police matters and even authorizes it to set up certain central police organisations. Although a few states now have Police Acts of their own, the organisation of the police forces of the states is fairly uniform throughout the country. However, there are minor differences in the structure and functions of the police which have been occasioned partly by historical reasons prior to Independence, partly as a result of the recommendations of the State Police Commissions and partly as a consequence of the development of democratic institutions at the district level and below. The state governments determine all questions relating to the strength and equipment of their police forces and the expenditure to be incurred thereon from year to year and also exercise various administrative and disciplinary powers. They also frame detailed rules for the administration and operation of their police0 forces which are contained in the police manuals/regulations of the different States. The broad pattern of the police organisation in a state is illustrated in Figure No. 2.2. The administration of the police in a district is under the general control and direction of Magistrate. Powers are vested in a District Superintendent and Assistant District Superintendent as the State Government consider necessary. With the separation of the Judiciary from the Executive, the District Magistrate s functions, under the Criminal Procedure Code (Cr.P.C.) as far as the police are concerned, are the promulgation and enforcement of regulatory orders and executive processes and the supervision of the work of the executive magistrates, who are entrusted with proceedings under the preventive sections of the Cr. P.C. and in certain states the trials of cases under local and special laws. The trials of cases under the Indian Penal Code (I.P.C.) are now conducted by judicial magistrates. 108

Figure No. 2.2 Field Establishment of the Police Force Director General of Police (DGP) {In-charge of the State Police Force} Additional Director General of Police (Addl. DGP) Inspector General of Police (IGP) {In-charge of a zone, which comprises few ranges} Deputy Inspector General of Police (Dy. IGP) {In-charge of a range, which comprises a group of districts} Senior Superintendent of Police (SSP) {In-charge of the bigger District} Superintendent of police (SP) {In-charge of the District} Additional Superintendent of Police (Addl. SP) Assistant/ Deputy Superintendent of Police (ASP/ Dy. SP) {In-charge of a Sub-division in the district} Inspector of Police {In-charge of a Police Station} Sub-Inspector of Police (SI) {In-charge of a smaller Police Station} Assistant Sub-Inspector of Police (ASI) {Staff of the Police Station} Police Head Constable (HC) {Staff of the Police Station} Police Constable {Staff of Police Station} 109

States are divided territorially into administrative units known as districts. An officer of the rank of Superintendent of Police heads the district police force. In bigger districts, there may be two, three or even four Superintendent of Police; the senior- most of them is then called the Senior Superintendent of Police (SSP). A group of districts form a range, which is looked after by an officer of the rank of Deputy Inspector General of Police (DIG). Some states have zones comprising two or more ranges, under the charge of an officer of the rank of an Inspector General of Police (IGP). Every district is divided into sub-divisions. A sub-division is under the charge of an officer of the rank of ASP/ Dy.S.P. Every sub-division is further divided into a number of police stations, depending on its area, population and volume of crime. Between the police station and the subdivision, there are police circles in some states - each circle headed generally by an Inspector of Police. The division of the State Police is illustrated by the Figure No. 2.3. Figure No. 2.3 Division of State Police Force State Zone Range District Sub-Division Circle Police Station The total number of police stations in the country was about 8,000 in 1970 102 whereas the number has been gradually increased to 14,786 in December 2013 103. There are some districts with more than 50 police stations, whereas there are others with only eight or ten. The average sized rural police station has a population of about 75,000 and an area of about 160 sq. kms (Table No. 2.1). 102 Nagendra Kumar (2007), Police and the Weaker Sections Padhi APH Publishing, New Delhi. 103 Data on Police Organisation in India as on 01-01-2014, Bureau of Police Research and Development, New Delhi. 110

Table No. 2.1 Number of Police Zones, Ranges, Districts, Sub-Divisions, Circles, Stations as on 01/01/2014 Sr. Police Police Police Police Sub- Police Police States / UTs No Zones Ranges Districts Divisions Circles Stations 1. Andhra Pradesh 6 10 30 173 339 1702 2. Arunachal Pradesh 1 3 18 9 18 101 3 Assam 0 7 28 28 48 340 4 Bihar 4 11 40 110 210 971 5 Chhattisgarh 0 5 28 86 0 422 6 Goa 0 0 2 8 0 26 7 Gujarat 0 7 40 98 85 610 8 Haryana 0 4 21 47 0 269 9 Himachal Pradesh 0 3 13 0 0 104 10 Jammu & Kashmir 2 7 25 46 0 215 11 Jharkhand 5 7 26 42 143 446 12 Karnataka 0 6 30 131 230 922 13 Kerala 2 4 19 55 198 494 14 Madhya Pradesh 11 15 51 175 0 1033 15 Maharashtra 35 8 37 384 0 1055 16 Manipur 3 4 9 26 0 86 17 Meghalaya 0 2 11 5 19 39 18 Mizoram 0 2 8 17 0 38 19 Nagaland 1 3 11 16 9 72 20 Orissa 0 8 36 111 0 595 21 Punjab 4 7 24 118 0 389 22 Rajasthan 9 7 36 0 214 861 23 Sikkim 1 1 4 11 0 28 24 Tamil Nadu 4 11 31 242 331 1523 25 Tripura 0 2 8 28 0 73 26 Uttar Pradesh 8 18 75 0 404 1517 27 Uttarakhand 0 2 13 0 35 125 111

28 West Bengal 3 8 23 65 87 445 29 A & N Islands 1 0 3 7 1 24 30 Chandigarh 0 0 1 3 0 11 31 D&N Haveli 0 0 1 1 0 2 32 Daman & Diu 0 0 2 2 0 5 33 Delhi 0 6 11 54 0 181 34 Lakshadweep 1 1 1 1 1 16 35 Pondicherry 0 0 2 6 15 46 36 All India 101 179 718 2105 2387 14786 Source: BPRD Police station is the basic unit of police administration in a district. Under the Cr. P.C., all crime has to be recorded at the police station and all preventive, detective and law and order work of the police is carried on from there. Each police station is divided into a number of beats, which are assigned to Constables for patrolling, surveillance, service of processes, collection of intelligence etc. The officer in charge of a police station is usually a Sub-Inspector. In some states and UTs Inspectors are placed in charge of the bigger police stations. The officer in charge has varying numbers of Sub-Inspectors, Assistant Sub Inspectors, Head Constables and Constables placed under him depending on the size of the police station. The total police force in an average district may number about 1,500 officers of all ranks. However, the district police strength varies anywhere from 500 to 3,000 104. The prosecution of cases in the courts of magistrates, executive as well as judicial, is conducted in some States by a staff of prosecutors who are recruited, trained and administered by the police department. In some States, this work is done by Assistant Public Prosecutors appointed from the Bar and placed under the control of the District Magistrate. The prosecution of cases in the Sessions Courts is conducted almost entirely by public appointed from the Bar. A district is provided with certain strength of the traffic police for the regulation and control of traffic. The ranks of the traffic police are generally from Constable to Inspector. Almost all districts have a district crime records sections or a modus operandi bureau and a finger print section, and some have photo sections and dog squads also. Although not ordinarily required to carry arms on routine duties, all personnel of the district police have to be proficient in the use of fire arms. In some States, the district police is divided into two major branches, i.e. the armed and the civil police. The civil police provide 104 Nagendra Kumar (2007), Police and the Weaker Sections Padhi APH Publishing, New Delhi. 112

personnel for the police stations and the armed police are kept in the reserve lines and provide fixed guards and escorts and police perform all these duties. The important centres of the police administration in a district are the district police office and the police lines, where the reserve police are stationed, and from where all managerial functions relating to personnel and equipment are carried on. Thus a district, as constituted in India, is expected to carry on all the day to day work relating to criminal administration and maintenance of public order and also to meet minor emergencies. All states have a Criminal Investigation Department (CID), which is placed under a Deputy Inspector General. In many states, separate Deputy Inspectors General are provided to hold charge of the special branch/intelligence department. The crime branch takes over the investigation of certain specialised crimes, like counterfeiting of currency, professional cheating, gang cases, crimes with inter-district or inter-state ramifications, etc. It also maintains the State crime information and modus operandi bureau and the State finger print bureau. Police Research Units have been or are being set up under the CID in some States. A few states/cities are also developing Single Digit Bureaux. The function of the special branch is to collect intelligence of public importance from the security point of view, and to convey it promptly to the Government. In some States, there is a Deputy Inspector General of Police in charge of training, with additional duties of a varying nature. Most states have armed police battalions, the strength and the number of which vary with the size of the State, and which are placed under the charge of a Deputy Inspector General in the bigger States. These battalions are usually distributed in the various ranges and placed under the operational control of the range Deputy Inspector General, a part being retained under the direct control of the Inspector General. The armed police battalions are intended to be deployed on occasions when the district administration is unable to cope with the situation with its normal police complement 105, including any armed reserves which form part of the district police establishment. These are occasions when large crowds assemble, e.g., V.I.P. visits, big fairs and festivals, general elections and emergencies 106. 2.2 (h) (i) Recruitment Recruitment is a process which is of vital importance to the administrative system as a whole, for it determines the tone and quality of the public services, and on it rests the usefulness and relevance of the machinery of government to the society. It constitutes an 105 Nagendra Kumar (2007), Police and the Weaker Sections, Padhi APH Publishing, New Delhi. 106 Gore Committee Report On Police Training, Ministry of Home Affairs, Government of India, available at http://police.pondicherry.gov.in/police%20commission%20reports/the%20gore%20committee%20re PORT%20ON.pdf page 14 chapter 2 accessed on 12 th August 2013. 113

essential element needed for the stability of the state and in process it contributes towards preparing for the nation s future. A sound recruitment policy is the key to a strong public service and the cornerstone of the whole public personnel structure 107. Therefore recruitment has given due importance in the Indian Police. The police in India is one of the biggest employers of manpower 108. The State Police Forces are about 22.83 lakhs strong. The total strength of the police thus is about 2 millions. Recruitment to the state police is done generally at three levels - Constable, Sub-Inspector/Asst. Sub Inspector and Deputy Superintendent of Police. In addition, there is recruitment to the IPS at the level of Assistant Superintendent of Police. Since Police Constable is the lowest rank in the force, recruitment to this rank is done directly. For the other ranks, vacancies are filled either by direct recruitment, promotion or by deputation. Educational Qualifications: For recruitment to the rank of Constable, most states have prescribed High School as the minimum educational qualification, though in some states like Bihar, Nagaland and Tripura, even primary or middle class passes as the minimum standard of qualification. The Committee on Police Training (1973) had recommended the High School examination or its equivalent to be the minimum qualification for recruitment to the rank of constable both in the civil and armed branches. The National Police Commission (NPC), 1980 had endorsed this recommendation. In Chandigarh Police the educational qualification is senior secondary. However it is evident that some states have not implemented these recommendations. The minimum educational qualification for recruitment to the level of Sub-Inspector/Assistant Sub-Inspector and Dy. SP is generally graduation in many states, except in the states of Andhra Pradesh, Arunachal Pradesh, Sikkim and Tripura. In Chandigarh Police recruitment is done at ASI Level and qualification is graduation. Age Limit: The NPC had recommended that the minimum age for a constable s recruitment should be 17 years and the maximum 21 years. These recommendations too have not been implemented in most states. The minimum age limit is 18 years in almost all the states and the upper age limit for general category candidates ranges from 20 to 27 years. There is considerable variation in 107 Mohit Bhattacharya (2007), New Horizons of Public Administration, Jawahar Publishers & Distributors, New Delhi, p. 338. 108 Police Organisation in India available at www.humanrightsinitiative.org/.../police/police_ organisations pdf accessed on 27th December 2014. 114

states about the age prescribed for recruitment to Sub-Inspectors. The minimum age limit is 19 to 21 years while the upper age limit varies from 24 to 31 years. There is usual age relaxation for the candidates belonging to Scheduled Castes and Scheduled Tribes. Physical Standards: There are variations in physical standards prescribed for recruitment. Generally for Constables, the minimum height is in the range of 165cm (5 5 ) to 170.18cm (5 7 ), with relaxation of 2 cm for persons belonging to hilly and tribal areas. The minimum chest measurement is generally 78.70 cm (31 ) unexpanded and 86.3cm (34 ) expanded. Process of Recruitment: Constables are recruited on a district/battalion basis. Recruitment is generally made by a Board presided over by the District SP or the Commandant of an armed police battalion. In some states such as Rajasthan and Tamil Nadu, the selection board is headed by an officer of the rank of a DIG or IG. The selection process involves physical measurement, efficiency test, written examination, interview, medical examination and police verification. Usually the State Public Service Commission centrally recruits Sub-Inspectors. The procedure involves passing a physical efficiency test and a written examination followed by a mental ability test and an interview. Recruitment to the post of Deputy Superintendent of Police is made through a written examination followed by an interview. The Commission prepares a list of candidates in order of merit as determined on the basis of marks obtained and sends it to the government. Recruitment to the Indian Police Service is done on the basis of a combined examination conducted by the Union Public Service Commission for all India and other allied services. A preliminary test is first conducted, which results in weeding out a large number of candidates. Those who qualify are allowed to appear in the main examination. The successful candidates are then put through a personality test at the time of interview. A final list is prepared on the basis of performance in the main examination and in the interview. Recruitment of Sub-Inspectors and Dy. SP is done both by direct recruitment and promotion. The quota for direct recruitment again differs from state to state, but generally it is 50%. Direct recruitment to the IPS is done only to the extent of 66 & 2/3% of the cadre 115

strength and 33&1/3% of the posts are filled by promotion of officers from the State Police Service cadre 109. 2.2 (h) (ii) Training Training helps mould and shape the entrants to internalise the organisational skills and character and helps them to adapt to new environments. Edwin B. Flippo defines training as; the act of increasing the knowledge and skill of an employee for doing a particular job. Training helps build integrity and morale in public servants by developing the requisite mental attitudes to issues of personal and public conduct 110. The capacity of the police to go beyond their individual economic and social background, to become aware, thinking, humanitarian and sensitive to weaker sections, can be inculcated by continuing capacity building measures. 111 Training intervention with democratic inputs such as respect for human rights, citizen rights, gender sensitivity, dialogue, persuasion, and minimum use of force can usher in the sea-change in the way policing is done in a democratic society 112. Most states have their police training colleges or academies that impart training to directly recruited Sub-Inspectors and Deputy Superintendents of Police and training schools for the training of constabulary. In addition, most central police organisations have established their own training institutions, which organise not only basic training for their officers but also specialised courses for them and for others. There are three Central Detective Training Schools under the Bureau of Police Research and Development, which organise special courses to train investigating officers in advanced scientific methods of investigating crimes. The National Institute of Criminology and Forensic Science under the Ministry of Home Affairs, Government of India runs training courses not only for police and forensic science personnel, but also for officers from other agencies of the criminal justice system. Four types of training courses are organised by police training institutions. These include: i. Basic induction level courses for fresh recruits. ii. Pre-promotion in-service courses for those about to be promoted. iii. Refresher courses. 109 Police Organisation in India by Commonwealth Human Rights Initiative available at http://www.humanrightsinitiative.org/publications/police/police_organisations.pdf accessed on 28th Dec., 2014. 110 Mohit Bhattacharya (2007), New Horizons of Public Administration, Jawahar Publishers & Distributors, New Delhi, p. 348. 111 Administrative Reforms Commission, Fifth Report on Public Order, arc.gov.in/5th%20report.pdf accessed on 1 st January 2014. 112 Editorial by Gopal K.N. Chowdhary (2012), The Indian Police Journal, April-June, Vol. LIX, No. 2, p. 3. 116

iv. Specialised courses. Basic Training Course for: 1. Constables (Duration: 9 months) Subjects taught: Police Organisation and Administration, Law, Crime Prevention, Maintenance of Law and Order, Code of Conduct and Behaviour, Police Public Relations etc. Outdoor training: Basic Physical Training, Drill, Weapons and Explosives, Field Craft and Tactics, First Aid, Riot Control; Unarmed Combat etc. 2. Sub Inspectors/Deputy Superintendents of Police (Duration:12 months) The training of directly recruited Sub-Inspectors and Deputy Superintendents of Police is conducted at the police training colleges of the states. Subjects taught: Modern India and the Role of Police, Organisation and Administration, Leadership and Supervision, Human Behaviour, Police Attitudes, Police Image and Police Public Relations, Law, Criminology, Police Science etc. Outdoor Training: Physical Training, Drill, Weapons Training, Crowd Control, Maintenance and Mechanism of Automobiles and Driving, Field Craft and Tactics, Unarmed Combat etc. For the Deputy Superintendent of Police, the basic subjects remain the same with additional focus on developing qualities of management and leadership. 3. Indian Police Services (IPS) Officers: Officers recruited to the IPS are trained in the National Police Academy at Hyderabad, after a foundational training course with officers of other All- India Services at the Lal Bahadur Shastri National Academy of Administration at Mussorie in Uttar Pradesh. The purpose of the foundational training course is to provide an understanding of the constitutional, economic and social framework within which the All India Service officers are required to function and to give them an idea of the basic principles of administration, functioning of the government machinery etc. This is followed by a basic training course of 44 weeks, after which they are attached to some organisations. They come back to the Academy for a second phase of two weeks training after completing their field attachments and district training. In the case of lower ranks, successfully completing prescribed training courses is mandatory to get promotion to the next rank. Training courses conducted for this purpose are called pre-promotion courses. 117

Besides the above, refresher courses are also conducted at periodic intervals to sharpen the professional skills of police personnel and bring about the required changes in their attitudes. Specialised training courses are also conducted on different subjects. These are organised both by the police and other training institutions. Since the focus of the Indian Police Service is to train officers to be sound administrators and managers, it collaborate with institutes that are specialise in management, public administration and behavioural sciences. Some of the subjects covered by the specialised training courses include: Advanced Techniques of Scientific Investigation VIP Security Dealing with problems of Insurgency/ terrorism Detection and Disposal of Bombs/Explosives Computer Applications Management/Public Administration Forensic Science Vigilance and Anti-corruption Dealing with special crimes, like those against Women and children Drugs/Narcotics Human Rights Radio Wireless Traffic Commando Training Intelligence Rock Climbing/ Mountaineering Cyber Crimes Field Craft/ Tactics The State Governments have not been able to spare adequate resources to bring about the desired improvements in the state of police training. The percentage of expenditure incurred on police training to total police expenditure ranged between 1.09 to 1.41 during the last decade 113. 2.3 Current Status of Police 113 Police Organisation in India Commonwealth Human Rights Initiative, New Delhi, http://www.humanrightsinitiative.org/publications/police/police_organisations.pdf accessed on 2 nd April 2015. 118

The contemporary governing instrument of the Indian police force is the Police Act of 1861. Together with the Indian Penal Code, the Indian Evidence Act and the Code of Criminal Procedure it forms the current but outdated police system in India. The police force in modern India is typically burdened with the handling of disparate responsibilities: 1) maintaining routine law and order; 2) riot control; 3) crime investigation; 4) protection of state assets; 5) VIP protection; 6) Traffic control. The structure in the police force is strictly hierarchical and the decision making is centralised with a few high ranking police officers. Currently there is a four-level entry system to the Indian police force with little or no scope for a fresh recruit rising from the very bottom to the very top within the hierarchy. The minimum age to be recruited is 18 years and the upper limit is 20-27 years depending on the State. Postings and transfers are commonly interfered in, by political influence 114. There have been many attempts to reform the Indian police system both on state level and central level. Since 1971, there have been six major reform committees on police; namely, Gore committee (1971), National Police Commission (1977), Riberio Committee on Police Reforms (1998), Padmanabhaiah Committee on Police Reforms (2000), Group of Ministers on National Security (2000), Malimath Committee on Reforms of Criminal Justice System (2003). However the reform proposals have mostly dealt with the symptoms of the crisis rather than with the problems sourced from its structure and design. This report (The Indian Police System -a reform proposal by Ebba Martensson) has analysed the current structure of the Indian police system and listed five structural and design defects with the system 115 : unwarranted political interference and politically driven appointments, transfers and promotions disparate functions performed by an overburdened police force hindering efficiency and domain specialization lack of genuine empowerment of personnel lack of an independent oversight body Inadequate collaboration between the police and the prosecutor. This report also address issues related to the functional inefficiency in the police system with respect to: Hiring of adequate numbers of police personnel 114 The Indian Police System A Reform Proposal, http://ap.loksatta.org/documents/ indianpolicesystem summary.pdf accessed on 31st May 2014. 115 Ibid. 119

Training of police personnel Technical infrastructure Financial resources. In India one police officer is serving approximately 700-750 citizens, while in the UK that number is 1:268 and 1:382 in South Africa. In the Andhra Pradesh only 12% of the state police force is empowered to investigate a criminal case whereas 88% are not. This report also suggests that the current training of the police personnel needs to be strengthened in the regard of specialisation. Surprisingly, India was also the first country in the world to have a finger print forensic laboratory in 1897. Today there are only 23 labs in the country. Currently there are only three Central Detective Training Schools in India 116. The low number of schools causes a problem to ensure continuous training for the Indian police force. Greater resources need to be allocated towards enhancing the capacity of forensic laboratories. To enable the police to have greater and speedier reach and the public to gain easier access to police help, police posts have been set up under police stations, particularly where the jurisdiction of the police station, in terms of area and population, is large. In order to facilitate the use of scientific methods of investigation, forensic science laboratories have been or are being set up in almost all the big States. Some States and Cities have units of women police and/or juvenile aid units for work relating to women and juveniles. The motor transport section provides drivers and mechanics for police vehicles. There are armourers, buglers, bandsmen and followers as in the armed forces. There is a wireless or radio branch in all States, which provides the personnel and equipment to man wireless stations. The wireless network consists largely of static stations at district headquarters and important police stations. The States have mobile wireless sets to a varying extent. During the last decade, wireless fitted patrol cars have also been introduced in some of the bigger cities of the country. Workshops are provided in many States for the maintenance of this equipment. An important element of rural policing in India used to be the institution of the village chowkidar 117. Since the advent of Panchayati Raj, this institution is not uniformly available in the country as an adjunct to the police. The designation chowkidar is also not common but 116 The Indian Police System A Reform Proposal, http://ap.loksatta.org/documents/indianpolicesystem_ summary.pdf accessed on 2nd April 2015. 117 Gore Committee Report, police.pondicherry.gov.in/police%20commission%20reports/the%20g... accessed on 26 th June 2014. 120

the pattern is more or less same. The chowkidars are paid, part-time government servants; but they do not have any police powers, the lowest stipendiary policeman being the constable. The relation between the police and the public has reached a point where the citizens rather avoid reporting a crime to the police. In a survey done by Transparency International India in 2005 118, 87% of the respondent to the survey agreed with that there was corruption in the police force, 74% felt that the quality of service they received was inadequate and 47% felt compelled to pay a bribe for their FIR to get filed. 2.3 (a) Commissionerate System There was considerable opposition to the system of dual control at the district level even at the time it was introduced. In fact the British Government realised that the district system would not work efficiently in metropolitan areas, which faced different police problems. Therefore, another system i.e. the Commissionerate system of policing was introduced in certain metropolitan areas like Calcutta, Bombay, Madras and Hyderabad. Under this system, the responsibility for policing the city/area is vested in the Commissioner of Police. While the Commissionerate system initially existed in four cities in the last century, it has been extended to many areas since Independence. The system now exists in the following cities: illustrated by the Table No 2.2. There are two main differences between the district and the commissionerate systems- The Commissioner of Police does not work under any other functionary except his departmental heads in the organisation and the government, while the District Superintendent of Police functions under the general control and direction of the District Magistrate. Unlike the head of the district or the state police force, the Commissioner of Police is vested with magisterial powers of regulation, control, licensing etc. in addition to the usual police Powers. 119 The number of cities where the commissionerate system is functioning in India was 51 as on 1 st January 2014. The highest number of 10 cities with police commissionerate system was in Maharashtra followed by 7 in Tamil Nadu and 6 in Kerala. 120 118 Transparency International India s India Corruption Study to Improve Governance by Centre for Media Studies available at http://www.transparencyindia.org/resource/survey_study/india%20corruption%20study 202005.pdf accessed on 26 th October 2014. 119 Police Organisation in India, Commonwealth Human Rights Initiative, New Delhi, http://www.humanrightsinitiative.org accessed on18th June 2013. 120 Bureau of Police Research and Development, New Delhi. 121

Table No. 2.2 Cities with Commissionerate System Sr. No. States / UTs No. of Cities Name of Cities 1 Andhra Pradesh 4 1. Vishakhapatnam, 2.Vijayawada, 3. Hyderabad, 4. Cybrabad. 2 Gujarat 4 1. Baroda, 2. Ahmadabad, 3. Rajkot, 4. Surat 3 Haryana 3 1. Gurgaon, 2. Faridabad, 3. Ambala-Panchkula 4 Karnataka 4 1. Bangalore city, 2. Mysore city, 3. Hubli-Dharwad city, 4. Manglore city 5 Kerala 5 6 Maharashtra 10 1. Thiruvananthapuram city, 2. Kochi city, 3. Kozhikkod city, 4. Kollam city, 5. Thrissur city 1. Mumbai, 2. Nashik, 3. Aurangabad, 4. Solapur, 5. Pune, 6. Thane, 7. New Mumbai, 8. Nagpur, 9. Amravati, 10. R Mumbai, 7 Odisha 2 1. Bhubaneswar, 2. Cuttack 8 Punjab 3 1. Amritsar, 2. Jalandhar, 3. Ludhiana 9 Rajasthan 2 1. Jaipur, 2. Jodhpur 10 Tamil Nadu 7 1. Greater Chennai, 2. Salem, 3. Coimbatore, 4. Madurai, 5. Trichy, 6. Tirrunelveli, 7. Tiruppur. 11 West Bengal 6 1. Howarah, 2. Asanssol-Durgapur, 3. Barrackpore, 4. Bidhannagar, 5. Silliguri, 6. Kolkata 12 NCT Delhi 1 1. NCT Delhi. 13 All India 51 Source: BPRD 2.3 (b) Rank of Police Officers A police officer is required to wear his name tag with his uniform. His rank can be recognised by the badges he wears. The badges of ranks are shown below: Director General of Police - Crossed Sword, Baton and State Emblem Inspector General of Police - Crossed Sword, Baton and One Star Deputy Inspector General of Police - State Emblem and Three Stars 122

Senior Superintendent of Police (Selection Grade) - State Emblem and Two Stars Superintendent of Police - State Emblem and One Star Additional Superintendent of Police - State Emblem Assistant/Deputy Superintendent of Police - Three Stars Inspector - Three Stars and a Ribbon ½ in width, half red and half blue worn horizontally, red colour facing the stars Sub Inspector - Two Stars and a Ribbon ½ in width, half red and half blue worn horizontally, red colour facing the stars Assistant Sub Inspector - One Star and a Ribbon ½ in width, half red and half blue worn horizontally, red colour facing the stars Head Constable - Three Stripes on the upper part of the arm sleeve 2.3 (c) Functions of the Police The police have been called "a vial element of the welfare of the people" Under the Police Act they are required to execute all lawful orders and warrants promptly, collect intelligence affecting the public peace, prevent the commission of offences, detect them and bring offenders to justice, and take charge of all unclaimed property and dispose of the same in accordance with the orders of the Magistrate of the district. Briefly stated, the normal functions of the police include: (i) Prevention of Crime: The prevention of crime entails such duties as patrolling by day and night, surveillance of bad characters, preventive action under the provisions of the Cr. P. C., and interposing to pre- vent the commission of offences. (ii) Detection of Crime: The detection of crime involves summoning per- sons and interrogating them, searching persons and premises, arresting suspects on evidence being forth- coming and releasing them on bail in bailable offences, and holding an inquest in all cases of suspicious or un-natural death in accordance with the provisions of the Cr. P. C. (iii) Traffic Control: Transport Departments/Motor Vehicles Departments and the police have concurrent jurisdiction in the enforcement of the provisions of the Motor Vehicles Act and related enactments. (iv) Maintenance of Order: The maintenance of order is the responsibility of magistrates and police officers in this country. Concurrent powers are vested in police officers and magistrates by the Cr. P. C. in regard to the control of assemblies and the use of force by the police. However, 123

prohibitory orders under section 144 Cr. P.C. can be promulgated only by magistrates. The manner in which force should be used in dealing with unlawful assemblies has been elaborated in the police manuals of the States. Under the Police Act, a Superintendent or Assistant Superintendent is authorised to regulate and license public assemblies and processions. An officer of or above the rank of a station house officer or a magistrate can stop and disperse an assembly or procession violating the conditions of the licence. (v) Internal Security: This includes the security of vital installations, the railways, industrial establishments and V.I.Ps, and measures against hijacking/sabotage of aircraft, sub- version and espionage by foreign agents. The police are also called upon in a big way to render assistance in cases of disasters like aircraft and train accidents, earthquakes and floods, etc. Policemen render whatever service they can to the aged, infirm, women and children. The charter prescribed by the National Police Commission goes far beyond the 1861 Charter, taking into account not only the changes which have occurred within the organisation during this period, but also in the socio-political environment in which the organisation is required to function. The NPC s Model Police Bill prescribes the following duties to the police officers 121 : Promote and preserve public order; Investigate crimes, apprehend the offenders where appropriate and participate in subsequent legal proceedings connected therewith; Identify problems and situations that are likely to result in commission of crimes; Reduce the opportunities for the commission of crimes through preventive patrol and other prescribed police measures; Aid and co-operate with other relevant agencies in implementing the prescribed measures for prevention of crimes; Aid individuals who are in danger of physical harm; Create and maintain a feeling of security in the community; Facilitate orderly movement of people and vehicles; Counsel and resolve conflicts and promote amity; 121 www.humanrightsinitiative.org/.../police/.../advocacy_paper_police_act_ accessed on 31st December 2013. 124

Provide necessary services and afford relief to people in distress situations; Collect intelligence relating to matters affecting public peace and crimes in general including social and economic offences, national integrity and security; and Perform such other duties as may be enjoined on them by law for the time being in force. 2.3 (d) Code of Conduct for the Police The code of conduct for the police in the country was adopted at the Conference of Inspectors General of Police in 1960. This was later approved by the Government of India and circulated to all the State Governments. The National Police Commission (NPC) examined the subject and recommended changes in clause 12 of the earlier Code. The final Code as recommended by the NPC and accepted by the Government of India and circulated to all state governments is reproduced below: i. The police must bear faithful allegiance to the Constitution of India and respect and uphold the rights of the citizens as guaranteed by it. ii. The police should not question the propriety of necessity of any law duly enacted. They should enforce the law firmly and impartially without fear or favour, malice or vindictiveness. iii. The police should recognise and respect the limitations of their powers and functions. They should not usurp or even seem to usurp the functions of the judiciary and sit in judgement on cases to avenge individuals and punish the guilty. iv. In securing the observance of law or in maintaining order, the police should as far as practicable, use the methods of persuasion, advice and warning. When the application of force becomes inevitable, only the irreducible minimum of force required in the circumstances should be used. v. The prime duty of the police is to prevent crime and disorder and the police must recognise that the test of their efficiency is the absence of both and not the visible evidence of police action in dealing with them. vi. The police must recognise that they are members of the public, with the only difference that in the interest of the society and on its behalf they are employed to give full time attention to duties which are normally incumbent on every citizen to perform. vii. The police should realise that the efficient performance of their duties will be dependent on the extent of ready cooperation that they receive from the public. This, 125

in turn, will depend on their ability to secure public approval of their conduct and actions and to earn and retain public respect and confidence. viii. The police should always keep the welfare of the people in mind and be sympathetic and considerate towards them. They should always be ready to offer individual service and friendship and render necessary assistance to all without regard to their wealth and/or social standing. ix. The police should always place duty before self, should maintain calm in the face of danger, scorn or ridicule and should be ready to sacrifice their lives in protecting those of others. x. The police should always be courteous and well mannered; they should be dependable and impartial; they should possess dignity and courage; and should cultivate character and the trust of the people. xi. Integrity of the highest order is the fundamental basis of the prestige of the police. Recognising this, the police must keep their private lives scrupulously clean, develop self-restraint and be truthful and honest in thought and deed, in both personal and official life, so that the public may regard them as exemplary citizens. xii. The police should recognise that their full utility to the State is best ensured only by maintaining a high standard of discipline, faithful performance of duties in accordance with law and implicit obedience to the lawful directions of commanding ranks and absolute loyalty to the force and by keeping themselves in the state of constant training and preparedness. xiii. As members of a secular, democratic state the police should strive continually to rise above personal prejudices and promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women and disadvantaged segments of the society. 2.3 (e) Police Strength in India The basic police strength in India as on 1 st January 2014 is given in Table No. 2.3. As mentioned the strength of total state police force is 22,83,646, number of police stations and posts is 14, 786 and 8583 respectively. Whereas the ratio of Population per Police Man is 540, Police Ratio per lakh population is 185.3 and Police Ratio per hundred sq. kms. Area is 72.12. 126

Table No. 2.3 Basic Police Data for the Country (As on 1 January 2014) Sr. No. Particulars 1 Area (Sq. kms) 3,166,414 3 Total State Police Force 22,83,646 4 Population per Police Man 540 5 Police Ratio per lakh population 185.3 6 Police Ratio per hundred sq. Kms. Area 72.12 7 Number of Police Stations 14,786 8 Number of Police Posts 8583 Source: BPRD Report Table No. 2.4 presents police administrative office in the hierarchical order. Total number of police zones all over the country is 101, followed by 179 ranges, 718 districts, 2105 sub divisions and circles 2387. Total number of police stations including that of rural urban and railway is 14786. India have police commissionerate system in 51 cities including Amritsar, Jalandhar, Ludhiana, Ambala, Panchkula, Gurgaon, Surat, Nagpur, Calcutta, Vijayawada, Cuttack, Rajkot, Thrissur, Cochin, Thrivendrumpuram, Mumbai, New Delhi and Nasik. Source: BPRD Repport Table No. 2.4 Police Administrative Office (as on 1 st January 2014) S. No. Particulars Number 1 Number of Police Zones 101 2 Number of Ranges 179 3 Number of Districts 718 4 Number of Sub-Divisions 2105 5 Number of Circles 2387 6 Total Number of Police Stations 14786 Rural 9477 Urban 4810 Railway 499 7 Number of Police Posts 8583 8 Cities with Police Commissionerate 51 127

The state police strength and its ratio is presented in Table No 2.5. It shows that total posts available for DGP are 80, Additional DGP are 316. There has to be 562 IGP and 607 DIGs. Inspectors and sub-inspector number is 31,754 and 1,28,220 respectively. Table No. 2.5 State Police Strength and Ratio (as on 1 st January 2014) S. No. 1 Rank wise Sanctioned strength of total Police Force (Civil + Armed) 2 Officers to Constabulary Ratio Source: BPRD Report DGP 80 Addl. DGP 316 IGP 562 DIG 607 AIGP/SSP/Sp 2833 Addl. Sp/Dy. Commandant 2331 ASP/Dy. SP 12,445 Inspector 31,754 Sub-Inspector 1,28,220 Assistant Sub-Inspector 1,22,948 Head Constable 3,57,893 Constables 16,23,657 Total 22,83,646 For Sanctioned Civil police 1:5.9 Strength For Sanctioned Armed 1:11.7 Police Strength There has been significant growth in police manpower since 2003. In 2003, the total strength of the police in different States/UTs was about 14.96 lakhs. By 2013, the strength had increased to 22.83 lakhs, with increase of 52.62 per cent. The details about the comparison between actual strength in 2003 and 2013 is given in the Table No. 2.6. Table No. 2.6 National Basic Police Data Comparison between (2003-2013) Particulars 2003 2013 Per cent change Total Population (in Crores) 107.25 123.27 14.93 Total Police Strength (in Lakhs) 14.96 22.83 52.62 Population per Policemen 716.83 540-24.67 Number of Police Zones 73 101 38.36 Number of Police Ranges 162 179 10.49 Number of Police Districts 659 718 8.95 Number of Police Sub-Divisions 1554 2105 35.46 Number of Police Circle 2451 2387-2.61 128

Number of Police Station 12,476 14,786 18.52 Number of Police-Post 7083 8583 21.18 Source: BPRD Report As per data compiled by the Bureau of Police Research & Development (BPR&D), as on 1.1.2013 122, against total sanctioned strength of 22,09,027 posts of police personnel in all the States and Union Territories, 16,60,666 personnel were in position leading to a shortfall of 5,48,361 personnel, which is about 24.8% of the sanctioned posts. The State wise sanctioned, actual and vacant posts are discussed in table No. 2.7. Table No. 2.7 State wise Sanctioned, Actual and Vacant Posts S. No. State/UTs Total Sanctioned Actual Vacancy 1 Andhra Pradesh 129225 96978 32247 2 Arunachal Pradesh 12763 11066 1697 3 Assam 62340 55390 695 4 Chhattisgarh 66630 45714 20916 5 Goa 7118 5322 1796 6 Gujarat 113380 68189 45191 7 Haryana 61681 39241 22440 8 Himachal Pradesh 17185 12341 2844 9 Jammu & Kashmir 78242 72474 5768 10 Jharkhand 73664 57361 16303 11 Karnataka 91169 70895 20274 12 Kerala 52712 49754 2958 13 Madhya Pradesh 90445 77664 12781 14 Maharashtra 209441 195651 13790 15 Manipur 31914 24499 7415 16 Meghalaya 13141 11316 1825 17 Mizoram 11246 10221 1025 18 Nagaland 24282 24228 54 19 Odisha 56840 45368 11472 122 http://mha1.nic.in/par2013/par2014-pdfs/rs-261114/352.pdf accessed on 24 th November 2013. 129

20 Punjab 79478 62126 17352 21 Rajasthan 93469 86666 6803 22 Sikkim 6076 3960 2116 23 Tamil Nadu 115080 94410 20670 24 Tripura 27339 23757 3582 25 Uttar Pradesh 368230 167130 101100 26 Uttrakhand 10193 17828 2365 27 West Bengal 109330 70605 38725 28 A&N Islands 4432 3771 661 29 Chandigarh 7873 7119 754 30 D&N Haveli 328 271 57 31 Daman & Diu 410 246 164 32 Delhi 81158 75530 5628 33 Lakshadweep 349 276 73 34 Puducherry 3951 2637 1314 All India 2209027 1660666 548361 Source: Ministry of Home Affairs On January 1, 2001, the total strength of the State Police Forces was 1,449,761, out of which civil police constituted 1,077,415 and the armed police 3,72,346. The police strength varied from state to state. While Maharastra had the largest police force (1,59,888), Dadar and Nagar Haveli had the smallest contingent (only 213 persons) (Table No. 2.8). 130

Table No. 2.8 Sanctioned Strength of the Police Forces in States/Union Territories (As on 1.1.2014) 123 Sl. State/UTs Sanctioned Strength Actual Strength Population per policemen Police per 10,000 Population Police per 100 Sq. Kms. Sanctioned Actual Sanctioned Actual Sanctioned Actual 1. Andhra Pradesh 12,9585 10,6635 669 813 149.53 123.05 47.11 38.77 2. Arunachal Pradesh 12,764 11247 100 114 998.75 880.05 15.24 13.43 3 Assam 64386 55033 490 573 204.14 174.49 82.09 70.16 4 Bihar 10,4387 68819 968 1468 103.32 68.11 110.86 73.08 5 Chhattisgarh 67821 54693 370 459 270.20 217.90 50.17 40.46 6 Goa 7118 5924 257 321 374.83 311.95 192.27 160.02 7 Gujarat 116893 74023 522 824 191.56 121.30 59.63 37.76 8 Haryana 61681 41112 430 645 232.67 155.08 139.51 92.99 9 Himachal Pradesh 16209 14024 429 496 233.09 201.67 29.11 25.19 10 Jammu & Kashmir 78351 72196 154 168 647.74 596.86 77.28 71.21 11 Jharkhand 73707 56439 442 577 226.18 173.19 92.46 70.80 12 Karnataka 106785 72011 571 847 175.13 118.10 55.68 37.55 13 Kerala 51701 47782 680 736 147.00 135.86 133.03 122.95 14 Madhya Pradesh 101638 86946 739 864 135.24 115.69 32.97 28.21 15 Maharashtra 184856 171359 631 680 158.55 146.98 60.07 55.69 123 Data on Police Organisation in India, 2001 published by the Bureau of Police Research and Development.

16 Manipur 32071 24832 79 102 1271.15 984.23 143.64 111.22 17 Meghalaya 13287 11453 203 236 492.11 424.19 59.24 51.06 18 Mizoram 11265 9895 92 104 1089.46 956.96 53.44 46.94 19 Nagaland 24284 24030 95 96 1048.08 1037.12 146.47 144.94 20 Orissa 58413 51396 713 811 140.22 123.38 37.51 33.01 21 Punjab 80064 73872 355 385 281.38 259.62 158.98 146.68 22 Rajasthan 118833 92330 594 764 168.42 130.86 34.72 26.98 23 Sikkim 5390 4281 117 147 854.20 678.45 75.96 60.33 24 Tamil Nadu 135683 111448 505 615 198.07 162.70 104.32 85.69 25 Tripura 27433 23619 136 158 736.46 634.07 261.62 225.24 26 Uttar Pradesh 368271 168851 570 1243 175.53 80.48 152.86 70.08 27 Uttaranchal 21030 18187 490 567 204.06 176.47 39.32 34.01 28 West Bengal 110107 79476 832 1152 120.21 86.77 124.06 89.55 29 A & N Islands 4468 3947 118 134 846.21 747.54 54.16 47.85 30 Chandigarh 7873 7181 206 226 484.79 442.18 6906.14 6299.12 31 D&N Haveli 328 261 1207 1517 82.83 65.91 66.80 53.16 32 Daman & Diu 422 373 711 804 140.67 124.33 376.79 333.04 33 Delhi 82242 75704 241 262 414.23 381.30 5545.65 5104.79 34 Lakshadweep 349 264 223 295 447.44 338.46 1090.63 825.00 35 Pondicherry 3991 3143 392 493 254.90 202.77 823.13 654.79 36 All India 2283646 1722786 540 716 185.25 136.42 72.12 54.41 132

2.4 Police System in Chandigarh Chandigarh is one of the best planned cities in India. It has a unique place in the world in term of architecture and town planning. The city is located in picturesque setting with the ragged skyline of Shivalik hills as its back drop. Chandigarh Police has been playing a key role in keeping the city beautiful; Chandigarh a role model city as was dreamt by its planner Le-Corbusier. Though he planned the city for only 5, 00,000 people; today its population has significantly crossed those limits. In order to keep pace with the growing population and needs of the city, Chandigarh Police 124 has taken many effective steps, which have been taken in various foreign countries as well. 2.4 (a) History Chandigarh is planned by the French Architect Le Corbusier. Being a well-planned city, it has been included in the list of world renowned cities and for its quality of life. Today, it is recognized as a city of modern India. The city was constituted on 1 st November 1966. Since its inception, it has been a significant city in the whole of North India 125. On 1st November, 1966, the newly formed Indian State of Haryana was carved out of the Eastern portion of Punjab. The city of Chandigarh was selected to be the joint capital of the states of Punjab and Haryana and declared as a Union Territory. Chandigarh Police was reorganized on 1st November, 1966. The first chief of Chandigarh Police was Shri V. K. Kalia, SSP. The post of IGP was created in 1981 and 16 IGPs have been appoint till date. Presently Shri R. P. Upadhyaya, IPS, is the Inspector General of Police. 2.4 (b) Organisational Structure The Chandigarh Police is presently headed by an Inspector General of Police who is ably assisted by a Deputy Inspector General of Police. The Senior Superintendent of Police looks after crime and law & Order aspects of policing whereas Traffic & Security is looked after by the Senior Superintendent of Police (Traffic & Security). The training, operations and crime against women and children are looked after by Senior Superintendent of Police (Operations & Training). The Indian Reserve Battalion of Chandigarh Police is looked after by the Commandant, IRB 126 (Figure No. 2.4). 124 chandigarhpolice.gov.in/ accessed on 23 rd May 2014. 125 http://www.mapsofindia.com/chandigarh/ accessed on 1 St April 2014. 126 chandigarhpolice.gov.in/ accessed on 23 rd May 2014.

Figure No. 2.4 Organisational Structure of Chandigarh Police 127 IGP DIG CHD SSP CHD SSP Ops., Trg. & Vigilance CHD IG Prisons-cum-SSP Traffic & Security CHD SSP/Hqrs -cum- Commandant/IRB CHD SDPO Central SDPO East SDPO South DSP Cyber Cell (Additional Charge CRU) DSP Crime DSP PCR DSP Lines DSP Communicatio n (Additional Charge Law & Order) FRRO DSP W&CSU & AHTU DSP Operations DSP Training OSD Vigilance Admin. Officer DSP CID DSP EOW District Commandant Home Guard DSP Headquarter SO Accounts Police Hospital Provisioning and MT Section AIG Prisons DSP Traffic (Administratio n & East Zone) DSP Traffic (Central Zone) DSP Traffic (Road Safety, R&D and South Zone) DSP Security (HQ) DSP Security (Operation) DSP Prisons Security & Traffic Lines Assistant Commandant I Assistant Commandant II Assistant Commandant - III Note: i. IGP Inspector General of Police ii. DIG Deputy Inspector General of Police iii. SSP Senior Superintendent of Police iv. Ops., Trg. & Vigilance - Operation, Training and Vigilance v. SDPO Sub-divisional police officer vi. DSP Deputy Superintendent of Police vii. FRRO foreigner regional registration officer Hqrs- headquarters viii. Chandigarh Police has been playing a key role in keeping the city beautiful as a model City as envisioned by the first Prime Minister of the country Pt. Jawahar Lal Nehru. Though the city planner Le-Corbusier planned the City only for half a million people but today its population has crossed one million mark. In order to keep pace with the growing need of the city, Chandigarh Police has taken many steps towards strengthening its infrastructure and management of traffic. The present strength of Chandigarh Police is 7181 (as on 1 st January 127 http://chandigarhpolice.nic.in/oscd.html accessed on 25 th December 2013. 134

2014) men and women. The sanctioned policemen/population in Chandigarh is one policemen for 206 citizens and as per actual strength it is one policemen for 226 citizens 128. Chandigarh Police has been continuously striving to keep the city safe and secure. Its various units like crime wing, operation cell, security wing, traffic police, etc. keep working round the clock to provide best policing services to the citizens. 2.4 (c) Specialised Units of Chandigarh Police Chandigarh police is divided into different specialised units, namely, economic offence wing, women and child support unit, cyber-crime investigation cell, public grievances cell, and juvenile police units to deal with different types of crimes happening in the city by specialised staff. The details of them are as follows: Economic Offence Wing 129 : Globalisation and liberalisation have given rise to new economic opportunities and have led to the participation of hitherto uninitiated large segment of middle class in financial markets. Therefore, in the past few years, white-collar crimes committed by the Non-Banking finance companies, chit fund companies, agro forest companies etc. have increased. Thus the economic offence wing was created in February 2003 to check economic crimes by such companies. Any complaint involving cheating, embezzlement, misappropriation and forgery amounting to Rs. 2 lakhs or more is enquired and investigated by EOW and other complaints of same nature involving and amount upto Rs, 2 lakhs, is enquired by the concerned police station. In case a complaint has to be sent to EOW by the police station, it is through SSP/UT to SP/Ops. The Headquarters of the unit is at Economic Offences Wing, UT Home Guards Building, Sector 17, Chandigarh. Strength of Economic Offences Wing is as follows: Dy. Supdt. Of Police 1 Inspectors 2 Sub-Insp/ Assistant Sub-Insp 12 Head Constables 12 Driver Constables 4 Home Guard Volunteers 3 128 Data on Police Organisation in India as on 01-01-2014, Bureau of Police Research and Development, New Delhi. 129 Standing Order No. 18/2003, http://chandigarhpolice.gov.in/pdf/notification%20circular/standing-order- 18-2003.pdf accessed on 2nd April 2015. 135

Women and Child Support Unit 130 : Women and Child are amongst the most vulnerable sectors in any social order. They require special protection and consideration particularly by the law enforcement officers. The Constitution of India and various laws laid down certain norms and procedures to ensure special protection of the rights of women and children. A special unit was required by Chandigarh police in order to ensure that all laws in this regard are effectively implemented. Consequently, the Women and Child Support Unit (WCSU) was established at Sector 17, Chandigarh. Being a part of the administration of criminal justice police plays a wider role in protecting the interest of the women and children in the society. In order to ensure that all laws in this regard are effectively implemented the women and child support unit should be the nodal point for Chandigarh Police. The unit enquires and investigate the women and children related cases normally inquire the matrimonial disputes. This unit also works as Special Juvenile Police Unit under Juvenile Justice Care and Protection Act. It does not take any case directly by any police station without the order of SSP operation or IGP. The unit is headed by DSP rank or equivalent officer. The unit have four inspectors (three females and one male); twelve NGOs (four female and eight males); twenty three head constables (eleven female and twelve males); thirty two constables (twelve female and twenty males); four driver male constables and four home guard volunteer (two each, female and male). Juvenile Police Units 131 : it is being increasingly recognised that childrens are the most vulnerable group and need special care and protection. The constitution of India imposes responsibility of on the state to ensure that needs of children are met and their basic human rights are protected. Enactment of Juvenile Justice (Care and Protection of Children) Act 2000 seeks to achieve this objective and amends the legal position relating to Juvenile in conflict with law and children in need of care and protection. The Act imposes certain duties on police and it envisages creation of certain institutions including juvenile Justice Board, Special Juvenile Units and Juvenile Officers. These are intended to ensure due attention of state apparatus to juveniles who come in conflict with law or other children requiring protection receive due attention of a State apparatus. Therefore Chandigarh Police has established a special Unit i.e. Juvenile Police Unit at Women and Child Support Unit (WCSU) at Sector 17, Chandigarh. 130 Standing Order No. 69/2014 available at http://chandigarhpolice.gov.in/pdf/notification%20circular/w&csu- 2014.pdf accessed on 1st March 2015. 131 Standing Order No. 11/2002 available at http://chandigarhpolice.gov.in/pdf/notification%20circular/ Standing-Order-11-2002.pdf accessed on 1st March 2015. 136

The Women and Child Support Unit of Chandigarh Police is vested with the responsibility of handling Juvenile Police Unit. The DSP/Women and Child Support Unit is the Nodal Officer for all the cases involving juveniles. Cyber Crime Investigation Cell 132 : The total numbers of cyber related complaints are increasing day by day. Complaints are mostly related to malicious content posted on social networking sites, fake email Ids, hacking of e mail accounts, hacking of websites, credit card frauds, internet banking etc. Many of these complaints are simple in nature and can be dealt at police station level as they do not require specialised investigation. With this cell mandated to take up enquiries and investigations related to serious cyber fraud, matter of data threat, and other serious matter can be handle with technical assistance only. This cell at the Sector 17 Chandigarh provided such assistance. It acts as catalyst in cases registered in various police station under various section of It Act by providing necessary information for tracing criminal. I addition to this cyber cell also investigate cases registered by cyber cell independently. The cell strength consists of one DSP, four Inspectors, eight SI and ASIs, twelve head constables and twenty male and female constables, five driver constables and five home guards. 2.4 (d) Citizen s Charter It has been recognised world over that good governance is essential for sustainable development, both economic and social. The three essential aspects emphasised in good governance are transparency, accountability and responsiveness of the administration. "Citizen's Charters" initiative is a response to the quest for solving the problems which a citizen encounters, day in and day out, while dealing with the organisations providing public services. The concept of Citizen's Charter enshrines the trust between the service provider and its users. The concept articulated with a simple aim: to continuously improve the quality of public services for the people of the country so that these services respond to the needs and wishes of the users. The basic objective of the Citizen's Charter is to empower the citizen in relation to public service delivery 133. The six principles of the Citizen's Charter movement as originally framed were: (i) Quality: Improving the quality of services; (ii) Choice: Providing choice wherever possible; 132 Standing Order No. 70/2014 available at http://chandigarhpolice.gov.in/pdf/notification%20circular/cybercrime-invest-cell-2014.pdf accessed on 1st April 2015. 133 Citizen s Charters A Handbook by Centre for Good Governance, 2008 available at http://www.cgg.gov.in/ publicationdownloads2a/citizen%20charter%20handbook.pdf accessed on 2 nd April 2015. 137

(iii) Standards: Specify what to expect and how to act if standards are not met; (iv) Value: Add value for the taxpayers' money; (v) Accountability: Be accountable to individuals and organisations; and (vi) Transparency: Ensure transparency in Rules/Procedures/Schemes/Grievances. The Citizen s Charters are expected to incorporate the vision and mission statement; details of business transacted by the organisation; details of clients; details of services provided to each client group; details of grievance redress mechanism and how to access it; and expectations from the clients. Chandigarh Police resolves to give people an efficient, law abiding and responsive law enforcement machinery. It also seeks to create awareness with the help of Citizen s Charter about: Peoples' rights and duties vis-à-vis police. Procedure prescribed by the rule of law in combating crime and criminals. Constitutional and legal safeguards against arbitrary exercise of powers by police. Unsustainability of expectations and demands, where follow up action presupposes transgression of legal limits or calls for bypassing or circumventing the rule of law. People friendly initiatives taken by Chandigarh Police. The Citizen s Charter of Chandigarh Police has identified the Clients / Beneficiaries as People (in their individual capacity) and Society (representing collective interest of the people). Citizen charter timeline including services provided by police station, officer to contact, response time, whom to contact for complaint and telephone numbers of the concerned officials are also available (Table No. 2.9). Chandigarh police on the basis of its Citizen s Charter broadly includes services as 134 : Prevention and detection of crime, Maintenance of public order, Collection of intelligence affecting crime and public peace, Management of traffic and Special protective arrangements for certain individuals and installations. 134 Chandigarhpolice.gov.in/ accessed on 23 rd May 2014. 138

Table No. 2.9 Citizen Charter Timeline 135 Sr. Services provided Officer Response If any complaint If complaint If complaint Telephone Nos. No by Police Station to Time contact persists contract persists Contact contact 1. Reaching scene of offence on information(excluding journey time) PCR 05 Minutes Duty Officer Control Room DSP/PCR SSP SSP - 2760001 SDPO Central - 2700357 2. Supply of copy of FIR by Police Station to the MHC 01 Hour SHO SDPO SSP complainant 3 Receipt of complaints MHC 30 Minutes SHO SDPO SSP 4 Disposal of Complaint (a) Police Stations (b) EO Wing EO EO 01 Month 01 Month SHO I/c EOW SDPO DSP/EOW SSP DIG (c) W&CSU EO 01 Month I/c W&CSU DSP/W&CSU SSP/Ops. (d) Other Units EO 01 Month Concerned Unit Concerned DSP Concerned SSP/SP 5 Passport Verification MHC 15 Days SHO SDPO SSP SDPO East - 2750001 SDPO South - 2676000 DSP PCR - 2760819 SHO,PS-3-2760008 SHO,PS-11-2760002 SHO,PS-17-2700453 SHO,PS-19-2700364 SHO,PS-26-2750049 SHO,PS-31-2679023 SHO,PS-34-2676034 135 chandigarhpolice.gov.in/ accessed on 23 rd May 2014

6 Service Verification Received MHC 15 Days SHO SDPO SSP SHO,PS-36-2676031 NOC for petrol pump, gas through MHC 15 Days SHO SDPO SSP SHO,PS-39-2677039 agency, hotel, bar etc./ District SHO,PS-IA 2679013 Security agency verification/ Magistrate MHC 15 Days SHO SDPO SSP Arms License Verification MHC 15 Days SHO SDPO SSP SHO,PS-MM- 2751020 Duty Officer Servant and Tenant Biometric Profiling MHC 01 Hour SHO SDPO SSP (Control Room)- 2760851 7 Missing Person Report MHC 01 Hour SHO SDPO SSP 8 Missing report of documents, Mobile Phones etc. MHC 30 Minutes SHO SDPO SSP 9 Post-mortem Report after receipt from Medical I/O 02 Days SHO SDPO SSP Officer 10 Completion of investigation I/O As per - - - Cr.PC 140

2.4 (e) Jurisdiction Map Figure No. 2.5 Chandigarh Police jurisdiction with police stations and zones is divided into three sub-divisions, namely; central, east and south division. The central division has three police stations of sector 17, 11 and 3; whereas east division comprises of sector 26, 19, industrial area and manimajra. Further, south division has sector 31, 43, 36 and 39 police stations in its jurisdiction (Figure No. 5). The three divisions are also presented in tabular form in Table No. 10. Table No. 2.10 Divisions of Chandigarh Police Division Police Stations 136 Central Division Sector - 3, 11, 17. South Division Sector - 31, 34, 36, 39. East Division Sector-19, 26, Industrial Area, Manimajra. Source: Chandigarh Police Website 2.4 (f) Traffic Zone Jurisdiction Map For the purpose of traffic regulation the city is divided into four zones, namely, central, east, south-west and south-east zone (Figure No. 6). The central zone includes sector 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 22, 23, 24 and 25. The east zone consists of 7, 26, 18, 19, 27, 28, 21, 20, 30 and 29 sectors. Rest of the sectors are part of south east and west zones. 136 Further, these police stations include a number of sectors in its jurisdiction. 1

Figure No. 2.6 2.4 (g) Recruitment Recruitment is the most important aspect of any organisation to achieve its objectives and Chandigarh police is not an exception. The efficiency of the government machinery and the quality of the services rendered by it depends upon the soundness of its recruitment system. In the words of Glenn Stahl, recruitment is the cornerstone of the whole public personnel structure. Unless recruitment policy is soundly conceived, there can be little hope for building a first rate staff 137. Recruitment to the Chandigarh police is done generally at two levels Constable and Asst. Sub Inspector (ASI). Since Police Constable is the lowest rank in the force, recruitment to this rank is done directly and for the ASI recruitment is both direct and promotion basis. Other ranks, as Sub-Inspector, Inspectors, and Deputy Superintendent of Police are only filled by promotion. In addition, the higher Posts of IPS officers such as Senior Superintendent of Police, Dy. Inspector General of Police, Inspector General of Police are filled by Punjab and Delhi cadre on deputation only. In 2013 UT Police 137 M. Laxmikant (2006), Public Administration, Tata McGraw-Hill Publishing Company Limited, New Delhi, p. 310. 2