Overview of Police and Justice System in India
The police serve as the initial point of contact for citizens with the country's law and justice system. However, recent studies indicate a significant "disregard for the rule of law" within the police force in India.
Key Findings from "Status of Policing in India Report"
Attitudes Towards Torture and Violence
- A large proportion of the police force justifies the use of torture and violence during duties.
- 26% of police personnel "strongly agreed" and 45% "somewhat agreed" with the idea that police should use torture without fear of punishment.
- Only 11% "strongly disagreed" and 13% "somewhat disagreed" with this proposition.
Support for Mob Vigilantism and Extra-Judicial Methods
- Some police personnel support mob vigilantism for crimes such as sexual harassment and child kidnapping.
- There is informal acceptance of "encounter killings" or extra-judicial methods of killing "dangerous criminals".
Historical Context and Legal Framework
The current policing attitudes are a colonial legacy, with the British having established the police force as an instrument of oppression.
- India has not ratified the UN Convention Against Torture, nor passed a central law to prevent custodial violence.
- Investigating officers often cite pressures from superiors, politicians, or the public as justifications for torture.
Judicial and Institutional Responses
- The Punjab and Haryana High Court ruled that confessions made in police custody cannot be solely relied upon for guilt.
- This ruling has been incorporated into the Bharatiya Sakshya Adhiniyam, replacing the Indian Evidence Act.
- The Supreme Court has guidelines to prevent unnecessary arrests and detention.
Data and Systemic Challenges
The need for accurate data is critical, as the National Crime Records Bureau data on custodial deaths is inconsistent.
- The National Campaign against Torture reported 1,723 custodial deaths in 2019, approximately five deaths per day.
- This suggests systemic failures in law enforcement and inadequate training of police personnel.
Public Trust and the Future
- According to the 2022 Ipsos’ global trustworthiness index, only 33% of Indians found police generally trustworthy.
- Building trust in law enforcement is crucial for the nation's development towards a "Viksit Bharat".