A thin silver lining to the dark cloud of shame that hangs over the republic following the gangrape incident in Delhi on December 16, is that it has brought the full weight of public opinion to bear upon the long-pending issue of police reforms. It’s shocking but true that reports of several high-powered commissions and detailed guidelines of the Supreme Court on this vital issue, have been ignored by successive governments at the Centre and in the states. Over three decades ago in 1979, after the Janata government was swept to power in Delhi following the massive rejection of the Emergency imposed upon the nation by the Congress party in 1975-77, a National Police Commission (NPC) produced eight reports, dozens of topic-specific recommendations and also a Model Police Act to replace the Police Act, 1861 whose purpose and intent was to serve the interests of the British Raj by keeping the natives in their place through brute force. Shockingly, despite sustained pressure by citizens and the judiciary for over 35 years, there’s been no progress in implementing the NPC recommendations to curb the criminal excesses and persistent dereliction of duty by the police in Delhi and the state capitals. In 1996, two public-spirited former directors-general of police filed a PIL (public interest litigation) in the Supreme Court praying for a directive to the Central and state governments to implement the NPC report. In 2006, the apex court delivered a judgement requiring the respondents to implement seven directives — establishment of State Security Commissions (SSCs) to ensure that governments don’t exercise unwarranted influence or pressure on the police; appoint DGPs (directors-general) in the states through merit-based, transparent processes for minimum terms of two years; ensure that other police officers on operational duties (including superintendents of police in charge of districts and police stations) are also provided a minimum tenure of two years; separate the investigation and law and order maintenance functions of the police; establish Police Establishment Boards (PEBs) in every state to decide transfers, postings, promotions and other service-related matters of police officers; establish Police Complaints Authorities in each state and Union territory; establish a National Security Commission (NSC) in Delhi to prepare a panel for selection and placement of chiefs of the Central Police Organisations (CPO) — by January 3, 2007. Since then despite repeated extensions being granted by the apex court and several contempt petitions, politicians cutting across all parties and ideologies, have refused to comply with the seven directives of the Supreme Court. Clearly, this stalemate is unacceptable. An immediate step should be prompt action on the NPC recommendations and the seven directives of the Supreme Court. There is plenty the apex court can do including issuing show-cause contempt notices to chief ministers, and/or threatening to close down the courts if its writ is not enforced. In the tragic rape case of the Delhi braveheart as in most cases of gender rights violation, the police has been proven uncaring and villainous. This is the time for the…
