Context: 

The occurrence of events such as communal violence outbreaks in the Delhi region and violent incidents in Manipur’s Imphal Valley prompts questions regarding the effectiveness of law enforcement.

About the Law and Order & Policing in India: 

• A State Subject: ‘Police’ and ‘Public Order’ fall  under the purview of State subjects according to the Seventh Schedule of the Constitution of India. 
• Role of State Government: The primary responsibility of the State Governments is to prevent, detect, register, investigate crimes, and prosecute criminals. 
• Role of Central Government: The Central Government complements the efforts of the State Governments by providing  financial assistance for the modernization of their Police Forces. 
  • This assistance includes upgrading weapons, communication systems, equipment, mobility, training and other essential infrastructure under the Scheme of Modernization of State Police Forces. 
  • Additionally, the Central Security and Intelligence Agencies regularly share intelligence inputs with the State Law Enforcement Agencies  to prevent crime and maintain law and order. 

Government Initiatives towards Better Policing:

• The Government of India has undertaken several initiatives aimed at improving policing, which include: 
  • A project focused on decriminalizing minor offenses and violations. 
  • The move to amend the Identification of Prisoners Act, 1920, which is a century-old legislation. 
• The Prime Minister’s call to transform the police force into a SMART force, which stands for:
  • S: Strict and Sensitive 
  • M: Modern and Mobile 
  • A: Alert and  Accountable 
  • R: Reliable and Responsive 
  • T: Tech-savvy and Trained  
• Involvement of Technology: Giving high priority to the increased use of technology in the day-to-day operations of the police. 
• Heading towards Vision: The Indian Police Foundation is actively working to realize the vision of a SMART Indian Police, primarily through internal reforms, technology adoption, digital transformation, and enhanced training to elevate the professional and ethical standards of the police. 
• Collective Aim: These initiatives collectively aim to enhance the efficiency, professionalism, and responsiveness of the Indian police force, aligning it with modern-day challenges and requirements. 

Issues & Challenges: 

• Overburdened and Understaffed Police: The police force in India often faces a shortage of personnel, leading to overworked officers and compromised efficiency. 
  • Adequate staffing levels are necessary to effectively handle the increasing workload and maintain law and order. 
• Corruption and Misconduct: Instances of corruption and misconduct within the police force undermine public trust and hinder the delivery of impartial justice. 
• Concerns about Neutrality: In recent incidents, the role of law enforcers has come under scrutiny, raising  doubts about their neutrality. 
  • Instances of brazenly weak-willed actions by the police have called into question their impartiality.
• Political Interference: Police officers often face hindrance in carrying out their duties due to interference from political leaders. The lack of minimum tenure security for higher-ranking officers and uncertainty in place postings add to the problem. 
• Based on Colonial Law: Even at present, the police system in India is based on colonial law. 
  • Sometimes the British used the police as their instrument to suppress the voice of people and for their personal functions and at present our respected government is doing the same.
• Lack of Specialization: Some areas, such as cybercrime, terrorism, and white-collar crime, require specialized knowledge and expertise. 
• Inter-State Coordination: Crimes often transcend state borders, necessitating efficient coordination between different state police forces and central agencies. 

The Path Ahead: 

• Strengthening Neutrality and Autonomy: It is essential to ensure the independence of law enforcement agencies from political influence. 
  • Measures like fixed tenures for senior officers, transparent appointment procedures, and strict adherence to the rule of law can help enhance the neutrality and autonomy of the police force. 
• Revisiting Colonial-Era Laws: The government should undertake a comprehensive review of colonial-era laws that may no longer be relevant or conducive to a modern democratic society. 
• Mob Management: Effectively handling today’s angry and unruly mobs demands a fresh set of skills and inherent abilities, beyond relying solely on technology. 
  • Acquiring an understanding of the psychology of agitated mobs and persuading them to recognize the risks of their actions before situations escalate requires specialized training. 
• Efforts on Futuristic Themes in Policing: Policing efforts need to extend to futuristic themes, encompassing cybercrime, the dark web, cryptocurrencies, maritime security, drone threats, and challenges arising from unregulated social media. 
  • These subjects add to the complexities posed by issues like left-wing extremism, counter-terrorism, drug trafficking, and border security. 
• Data War & Technological Changes: Facing emerging challenges will demand greater innovation, agility, and the demonstration of new cognitive skills to effectively combat swift technological changes and the increasing prominence of data warfare. 
• Personnel Selection: The process of selecting personnel for security agencies, particularly the police, must undergo a complete overhaul. 
  • The 21st century presents distinctive challenges, making the selection of personnel for security agencies a critical task that requires high-level attention. 
• Reducing Arrests: The primary measure to reduce instances of custodial violence involves minimizing the number of arrests. 
  • According to the law, arrests for offenses punishable up to seven years of imprisonment should occur only when it is essential to prevent tampering with evidence or to avert the person from committing further offenses. 

Conclusion: 

• A Trustworthy and Independent Policing System: It is high time for the country to establish a trustworthy and independent policing system that adheres strictly to the rule of law. 
• Structural Autonomy: To achieve this, police forces require structural autonomy, moving away from the legacy of British rule that subjected them to political control. 
• Revised Incentives: Implementing revised incentives for law enforcement could help mitigate pre-poll mob violence.

News Source: livemint

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