ISBN 9788126918089,Policing in India Some Unpleasant Essays : Some Unpleasant Essays

Policing in India Some Unpleasant Essays : Some Unpleasant Essays



Atlantic Publishers & Distributors Pvt Ltd

Publication Year 2013

ISBN 9788126918089

ISBN-10 812691808X


Number of Pages 398 Pages
Language (English)


This book is a collection of fourteen well-researched essays and an equal number of insightful articles that examine some major ills that plague policing in India today. Starting with the colonial origins of the Indian police and  dealing with issues of police brutality, corruption, bias, impunity and militarisation, this book reveals how the current police system in India results in a denial of justice to people, subverts the rule of law, and obstructs the growth of a healthy and professional police force. An important premise uniting these essays is that the Indian police function less to serve the rule of law and more to secure the interests of the dominant group or regime in power. Initiatives to reform the police have failed largely because those who control the system lack the will to reform it, as they have a vested interest in maintaining status quo. This has spawned a number of ills that have not only ruined the police system but also damaged the very core of India's democracy. Written by one of India's leading experts on police reforms, this perceptive book argues that the need for police reform is too important to be neglected and too urgent to be delayed.

About the Author
G.P. Joshi
 joined the police way back in the sixties after doing his graduation from St. Stephens College and post-graduation from the Delhi School of Economics, University of Delhi.

He worked in the Tripura Police and the Border Security Force before finally joining the Bureau of Police Research and Development, Ministry of Home Affairs, Government of India, from where he retired as Director in the rank of Inspector General of Police.
In recognition of his contributions in the field of police research, the Government of India awarded him the Police Medal for Meritorious Service and the President's Police Medal for Distinguished Service.

After retirement, he joined the Commonwealth Human Rights Initiative (CHRI), an international NGO based in New Delhi. He designed its police reforms programme and worked on it for about nine years, taking it to a point where the CHRI came to be recognised as a leading organisation working towards police reform in India and other commonwealth countries.
Mr. Joshi has written extensively on police reform issues.  His articles and research papers have been published in newspapers and journals both in India and abroad. 

He can be contacted at

Table of Contents

  • Preface

  • List of Abbreviations

1. We Inherited a Bad Police System and We Made It Worse

  • We Inherited a Bad Police System

  • Origin of a Civil Constabulary

  • Police Commission of 1861

  • Superintendence Over the Police

  • General Control and Direction

  • Officering Pattern of the Police

  • Distrust of Natives

  • Charter of Duties

  • The System as a Failure

  • We Made It Worse

  • System Remained Unchanged

  • Expansion and Improvement in Resources

  • Criminalisation of Politics

  • Politicisation of Police

  • Summing Up

2. Insulating Police from Political Control—Domestic  and International Initiatives

  • Introduction

  • Part I—Domestic Initiatives

  • Exercising Superintendence Over the Police Force

  • Establishment of the State Security Commission

  • Arbitrary and Frequent Transfers

  • Appointment of Head of Police and Security of

  • Tenure

  • The Kerala Experiment

  • Part II—Foreign Initiatives

  • The UK Model

  • Australasian Model

  • The Board/Commission Model

  • South Africa Model

  • Conclusion

3. The National Police Commission—The Beginning,  End and the Aftermath

  • Background

  • The Police during the Emergency

  • The National Police Commission

  • The Government’s Response to the NPC’s Work

  • First Report

  • Second to Eight Reports

  • Some Important Developments

4. Police Practices, Poor People and Access to Justice

  • Introduction

  • Police Practices

  • Non-registration of Complaints

  • Corruption

  • Illegal Arrests/Detentions

  • Use of Torture or Brutal Practices

  • Biased Practices in Dealing with Minorities

  • Police Attitudes in Dealing with Violence

  • Against Women

  • Need for Police Reforms

5. Managerial Philosophy of the Police in India

  • Part I—The Managerial Philosophy

  • The Police—Shape of a Pyramid

  • Basis of Managerial Philosophy—Distrust of the

  • Subordinate

  • No Change after Independence

  • Job Stressful

  • Career Prospects of Lower Ranks—Low

  • Gulf between Seniors and Juniors

  • Lip Sympathy

  • Part II—The Police Forces (Restriction of Rights)

  • Act, 1966—The Genesis and Parliamentary Debate

  • The Act—Its Gist

  • Government’s Lack of Concern Towards Conditions of Lower Ranks

  • Demands to Restrict Policemen’s Rights—

  • Government’s Refusal to Do So

  • The Volte Face

  • Debate in the Parliament—Highlights

6. The Central Vigilance Commission—A Brief  History of Some Developments

  • Introduction

  • Santhanam Committee on Corruption

  • The Resolution of 1964

  • Havala Case

  • Supreme Court’s Judgment in the Havala Case

  • Interim Orders

  • The Judgement

  • Part I

  • Part II

  • Part III

  • Part IV

  • The Government’s Response—Attempts to Nullify the Judgment

  • The Supreme Court’s Judgement, the Central

  • Vigilance Commission Ordinance, 1998 and the

  • Law Commission’s Draft of the Central Vigilance

  • Commission Bill, 1998—A Comparative Profile

  • The Central Vigilance Commission (Amendment)

  • Ordinance, 1998

  • The Central Vigilance Commission Bill, 1998

  • The Central Vigilance Commission Bill, 1999

  • The Central Vigilance Commission Act, 2003—

  • Points of Departure from Supreme Court’s Verdict

  • Vigilance Administration

  • Summing up

7. The Central Bureau of Investigation—Its

  • Credibility

  • Brief History

  • Legal Status

  • Superintendence Over the CBI

  • A New Law Needed

  • Investigation

  • Skill

  • Impartiality—CBI’s Politicisation

  • Sanction for Prosecution

  • Single Directive

  • The Term

  • Government’s Justification

  • Court’s Verdict

  • Report of the Joint Committee of Parliament

  • Impunity

  • Other Legal Provisions

  • Conclusion

8. Policing in India—Trend Towards Centralisation and Militarisation

  • Constitutional Provisions

  • Unity in Diversity

  • Centralisation of Policing—The Trend

  • Establishment, Expansion and Deployment of

  • Central Paramititary Forces

  • Establishment and Expansion of CPMFs-

  • Militarisation of Policing

  • States’ Dependence on CPMFs

  • Deployment of CPMFs

  • Increase in Police Modernisation Grants

  • Central Bureau of Investigation and National

  • Investigation Agency

  • Establishment of India Reserve Battalions (IRBs)

  • Use of Armed Forces (Special Powers) Act, 1958 (AFSPA)

  • Drafting of Communal Violence Bill

  • The Lokpal and Lokayukts Bill, 2011

  • Proposal to Set Up a National Counter

  • Terrorism Centre

  • Proposals to Enhance Powers of Certain Central

  • Para-military Forces

  • Conclusion

9. Appraising The Performance of The Police

  • Part I—Appraising Individual Policeman’s Performance

  • Constabulary’s Performance

  • Upper Subordinates’ Performance

  • Technique Used

  • Officers’ Performance

  • Part II—Appraising Police Organisation’s

  • Performance

  • Need to Evaluate

  • Benefits of Establishing Such a Board

  • Recommendations of Expert Bodies

  • National Police Commission

  • Existing System

  • Yardsticks Recommended by the NPC

  • Mechanisms Recommended by the NPC

  • Padmanabahaiah Committee

  • Soli Sorabjee Committee

  • Parliamentary Standing Committee

  • Supreme Court’s Judgement

  • What Type of Police Board is Needed?

  • Boards in Foreign Jurisdictions

  • Boards in India

10. Police Brutality in India

  • Introduction

  • An Old Problem

  • Continues to Exist

  • Problem Exists in Advanced Countries Too

  • Victims

  • What Do the Cops Say?

  • What Else Do the Cops Say?

  • Recruitment, Training and Culture

  • Work Environment, Service and Living Conditions

  • Criminality Amongst the Police Force

  • Criminalisation of Politics and Impunity

  • Lack of Accountability

  • Role of the Central Government

  • Need for Police Reforms

11. Increasing Crime, Disturbing Responses

  • Crime—Increasing Trend

  • Government’s Response

  • The Police Response

  • Citizens’ Response

12. Use of Firearms by the Police in Controlling Crowds 268-280

  • Impact on Police Image

  • Legal Provisions

  • Use of Minimum Force

  • The UN Principles

  • Frequent Use of Firearms by the Police

  • Need for a Policy

  • 13. Sexual Molestation of Ruchika Gehrotra—A Case

  • Study in Impunity

  • Introduction

  • Part I—Bare Facts

  • Part II—Comments

14. Sanction for Prosecution in Corruption Cases—

  • Analysis of a Judgement

  • Introduction

  • Legal Position

  • Meaning of Cognizance

  • Who can Seek Sanction for Prosecution?

  • Rationale for Sanction

  • The Problem

  • Concluding Remarks

  • Short Articles

1. An Open Letter to the Prime Minister of India, Dr. Manmohan Singh
2. The Idea of Police Reforms: Some Impromptu Observations
3. Don’t Make an Ass of the Law
4. President Obama’s Remarks about the Cambridge Police -What can the Incident Tell Us?
5. Two Murder Cases Revisited
6. The Broken System
7. Criminalisation of the Police
8. Communal Virus in the Police
9. Better Policing for Good Governance
10. The Police and the Rule of Politics
11. The Police Recruitment Scam in UP
12. Mumbai Mayhem
13. The Supreme Court on Mayawati’s Disproportionate Assets Case 347
14. The  Police Memorial Day