| India: Integrity Scorecard Report > Sub-Category: Law Enforcement | ||
| Indicators | Score | |
| 80 | Is the law enforcement agency (i.e. the police) effective? | 50 |
| 81 | Can law enforcement officials be held accountable for their actions? | 83 |
Indicator and sub-Indicator Details
| 80 | Is the law enforcement agency (i.e. the police) effective? | |||||||
| 80a: In practice, appointments to the law enforcement agency (or agencies) are made according to professional criteria. | ||||||||
|
||||||||
|
Comments: The elite among the law enforcement agencies belong to the prestigious All India service called the Indian Police Service. They are recruited on the basis of an all India competitive examination and are alloted to different states. These officers oversee the law enforcement agencies in the state. In each state, there are another set of officers to assist those belonging to the All India Service, who belong to the State Police Service. In some states, there have been complaints of nepostism, favoritism and corruption in their recruitment. These abberations are more apparent at the lower levels of recruitment of the law enforcement agencies. These are the `faces` of law enforcement that common citizens see on the ground and therefore the public confidence in law enforcement agencies is low (National Election Study Surveys/ World Values Survey). References: Article 312 of the constitution; www.lokniti.org ( for NES )
Peer Review Comments: The caste prejudices that prevail in the society also overshadows the choice of personnel at the time of their selection and appointment. The implementation of the reservation scheme in the recruitment process for the higher levels, from 1994 to 1995, may have addressed this issue to an extent.
|
||||||||
| 80b: In practice, the law enforcement agency (or agencies) has a budget sufficient to carry out its mandate. | ||||||||
|
||||||||
|
Comments: A major complaint of the law enforcement agency is the insufficient budgetary allocation both for recruitment of personnel and for purchase of necessary equipment. The repot of the National Police Commission has also highlighted this point. References: www.lawmin.nic.in; www.mha.gov.in/
|
||||||||
| 80c: In practice, the law enforcement agency is protected from political interference. | ||||||||
|
||||||||
|
Comments: The agency is increasingly subject to serious political interference as the political executive controls the transfers and postings of officers. The recent report of the Padmanabhaiah Committee also draws attention to this point. References: www.humanrightsinitiative.org/programs/aj/police/india/initiatives/analysis_padmanabhaiah; www.hindu.com/2007/02/27/stories/2007022710450300; www.humanrightsinitiative.org/programs/aj/police/india/initiatives/writ_petition_1.htm
|
||||||||
| 81 | Can law enforcement officials be held accountable for their actions? | |||||||
| 81a: In law, there is an independent mechanism for citizens to complain about police action. | ||||||||
|
||||||||
|
Comments: Citizens can lodge complaints with a Lok Ayukta (the state level ombudsman - not present in all states). In practice it has been found that many Lok Ayuktas have limited powers of prosecution. Further, their role varies significantly across states. More often than not, it is the holder of the office who defines and determines the manner in which the Ombudsman functions. Citizens can also appeal to the National Human Rights Commission and the State Human Rights Commission. Complaints by women are often addressed to the Women's Commission and the minorities have also approached the Minorities Commission.
References: www.nhrc.nic.in; www.nwc.nic.in; www.nmc.nic.in
Peer Review Comments: Most states do not have any independent mechanism.
|
||||||||
| 81b: In practice, the independent law enforcement complaint reporting mechanism responds to citizen's complaints within a reasonable time period. | ||||||||
|
||||||||
|
Comments: It has been found that the law enforcement agency is not as responsive as it should be to complaints. The delays are often the by-product of too many procedures and also the fact that the agencies are overworked and understaffed. As of late, the media and citizen groups have been able to draw attention to complaints and forced the authorities to act. This happens in a few celebarated cases and those which gained visibility thanks to the media. It can be argued that in many other cases the delays can be excruciatingly long. References: www.nhrc.nic.in; www.lawcommission.nic.in
Peer Review Comments: My earlier observation applies. Most states do not have any independent mechanism.
|
||||||||
| 81c: In law, there is an agency/entity to investigate and prosecute corruption committed by law enforcement officials. | ||||||||
|
||||||||
|
Comments: These are the Lok Ayukta, the Central Vigilance Commission, Human Rights Commission, Women's Commission, Minority Commission. A case in point is the alleged excesses committed by the law enforcement agencies during sectarian violence in different parts of the country, which are facing investigations by the above mentioned agencies. In a most recent judgment, the courts have held senior police officials guilty of killing two businessmen in Delhi on the grounds of mistaken identity. Another case in the media is the one alleging involvement of senior police officials in the death of a artist in Kolkata. Some would argue such cases of prosecution are few and far between. References: www.indiaenews.com/india/20071006/73891.htm; www.milligazette.com/Archives/01082001/29.htm; www.deccanherald.com/Content/Oct162007/national2007101630917.asp?section=updatenews
|
||||||||
| 81d: In practice, when necessary, the agency/entity independently initiates investigations into allegations of corruption by law enforcement officials. | ||||||||
|
||||||||
|
Comments: It is now becoming increasingly frequent. The National Human Rights Commission and National Women's Commission have been taking up investigations. However, final actions on the recommendations of these commissions need to be initiated by the government. References: www.nhrc.nic.in; www.nwc.nic.in
Peer Review Comments: This rarely happens.
|
||||||||
| 81e: In law, law enforcement officials are not immune from criminal proceedings. | ||||||||
|
||||||||
|
Comments: References: Article 311, read with provisions of the Human Rights Act
|
||||||||
| 81f: In practice, law enforcement officials are not immune from criminal proceedings. | ||||||||
|
||||||||
|
Comments: Article 311 of the constitution provides for safeguards of officers to permit them to independently do their duty. Agencies like the National Human Rights Commission, National Women's Commission, Central Vigilance Commission and the Lok Ayukta are holding law enforcement officers accountable for their actions. The challenge always lays in taking the proceedings to their logical conclusion - conviction and punishment. References: www.lawmin.nic.in; www.nhrc.nic.in
Peer Review Comments: The officials often get away with their misdeeds. Only in very few cases are they caught and brought to book.
Peer Review Comments: I agree. However, the law enforcement officials are not directly employed in the various commissions mentioned in the report.
|
||||||||
