The Ideal Police System

~Preet.

Republic Day: Full text of President Ram Nath Kovind's address to the  nation | Mint

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Former President Ram Nath Kovind stated that an "ideal police system" means that a police officer's work is full of duty and accountability. Life and liberty are essential moral values that are considered to be such in all human civilizations, and police officers must frequently determine whether or not to arrest, i.e., whether or not to take away someone's freedom, and in extreme cases, whether or not to take away someone's life. The police must evaluate a wide range of acts while making moral judgements. They must assess a person's goodness and badness before determining if their acts are wrong. For each action committed by a person, they must consider the motive, goals, and effects of the activity. 

The police may be obliged to encounter danger or hostility in order to do their duties, and predictably, police personnel are likely to experience a range of emotions such as fear, anger, suspicion, excitement, and boredom to a significantly larger amount than persons in other vocations. To function successfully as cops, they must be able to respond to these emotions appropriately, which necessitates emotional intelligence.

In India, the rule of law, which serves as the framework for justice, has been "undermined by the rule of politics." The lack of a suitable tenure policy for the posting of officers at all levels, as well as arbitrary transfers and postings utilized for political purposes, are the primary causes of the politicization of the police. Politicians use transfer and suspension as tools to subdue cops. These punitive actions harm police morale and undermine the line of command inside the organization, eroding the authority of superiors who may be honest, competent, and fair-minded but not sufficiently supportive or politically helpful.

According to Bayley and the writers of Ethical Issues in Policing in India, the rule of law is being supplanted by the rule of politics, which is a reason for worry for the country's efforts to develop effective governance. They believe that thoughtless denigration of the police is irresponsible since it is detrimental in terms of supporting those honest and qualified police personnel who are attempting to repair Indian police institutions.

Despite the fact that corruption exists around the world, India ranks 85th out of 180 nations in the 2021 corruption perception index. The police agency is not immune to corruption, which is rampant at practically every level and in many forms. There have been occasions when high-ranking police officers were discovered to be involved in corrupt operations, as well as situations where low-ranking police officers were caught red-handed accepting bribes.

According to official data, the overall number of custodial fatalities in India climbed from 1,940 in 2020-'21 to 2,544 in 2021-'22. In the last two years, Uttar Pradesh has had the greatest number of custodial fatalities of any state or union territory. When a police officer employs undue pressure or intimidation to obtain a confession from a suspect, this is referred to as police coercion. Police coercion may take many forms, and this course will discuss some of the specific sorts of coercion that officers have been accused of utilizing in order to compel a suspect to confess. 

In its report, the Shah Commission of Inquiry suggested that the government carefully investigate the possibility and appropriateness of isolating the police from the country's politics and engaging them solely on police responsibilities that are required by law to prevent political influence. The National Police Commission also made a number of critical recommendations to shield the police from outside influences and influence. The Soli Sorabjee Committee was formed in order to draught a Model Police Act. The committee's proposals were made in 2006 in order "to allow the police to operate as an efficient, effective, people-friendly, and responsive organization." In general, the committee followed the Supreme Court's precedent set in the Prakash Singh ruling. The Supreme Court issued seven instructions in the Prakash Singh case in 2006 in order to implement police reforms. The Government of India announced in Parliament that a Model Police Act will be presented soon, however, this has yet to happen.

According to the National Human Rights Commission, in a democratic society, the police must have "limited authority and high responsibility." In addition, the concept of police ethics and police institutions exists to fulfil the most significant moral purpose: to safeguard individuals' rights to life, liberty, and property in a democratic government. As a result, human rights protection is a fundamental police function. According to the National Human Rights Commission (1998), police practices must adhere to carefully crafted ethical guidelines that correctly balance the moral rights of victims with those of suspects. The use of lethal force by police officers to defend civilians and themselves, for example, must be regulated by the ethical criteria of necessity and proportionality. The National Police Commission's recommendation to depoliticize and insulate the police from outside pulls and pressures, as well as re-emphasize the Supreme Court orders in Prakash Singh's case, is an essential necessity of the hour.




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