Police Accountability in India

5Police Accountability in India By G.P.JOSHI Introduction India is a union of 28 states and 7 union territories.1 Under the Constitution of India, the ‘Police’ are a State subject.2 This means that they are the responsibility of State governments. The organisation and working of the police forces are governed by rules and regulations framed by the state governments. Each state/ union territory has its own separate police force. In addition, there are central police organisations set up by the union government for specialised work. The total strength of the state/union territory police forces on 1.1.2003 in the country was 14,68,776. In addition, the strength of the five3central para-military organisations alone was 6,01,328.4 The combined strength of state and central police is about 2.2 millions. This huge reservoir of trained manpower can become a very important catalyst of positive change in society provided they are made to serve the rule of law and held accountable for their sins of commission and omission, if any. The issue of holding them accountable is very closely linked to the type of control and superintendence exercised over them. This paper discusses the subject of police accountability in India in four parts. The first part describes the main features of the police system established by the British in this country and shows how the idea of making the police accountable to anyone outside the establishment did not fit into the colonial model of policing introduced in this country. The second part argues that though the post Independence India witnessed changes on many fronts, the police system, in its basic structure, methods of work and lack of public accountability remained more or less unchanged. It also discusses some developments that resulted in strengthening the executive control over the police and leading to an increasing abuse of police forces and misuse of police powers. The third part talks about the need to make the police accountable,