Uttar Pradesh Brings New Rules for DGP Appointment

Syllabus: GS2/ Polity and governance

Context

  • The Uttar Pradesh Cabinet cleared the Director General of Police, Uttar Pradesh Selection and Appointment Rules, 2024.

About

  • The new rules are in compliance with the Supreme Court verdict in Prakash Singh judgment on police reforms in the case of 2006. 
  • According to new guidelines, a committee will decide the state’s new police chief.
  • Earlier, the state government had to send the list of eligible officers to the UPSC, which shortlisted three names and sent them to the state, after which it could choose one of them. 

The selection committee

  • Head: The selection committee headed by a Retired High Court Judge.
  • Members: It will consist of the chief secretary, a person nominated by the UPSC, the UP Public Service Commission chairman or their nominee, an additional chief secretary or principal secretary (Home) and a retired DGP. 

Issues with Police System in India

  • Colonial Legacy and Structure: The Police Act of 1861 still governs the police system, which was designed for colonial control rather than for modern-day democratic governance.
  • Political Interference: Frequent interference from politicians hampers impartiality in law enforcement.
  • Custodial Death: There are many cases on custodial death means Death by torture/pressure in police/judicial custody.
    • During 1996-1997 in D.K.Basu judgment, the Supreme Court (SC) issued a guideline against custodial death in India.
  • Training and Capacity Building: Training programs are outdated and lack emphasis on soft skills, ethics, and community engagement.
  • Delays in Implementing Reforms: Various reform recommendations, including those by the Supreme Court in the Prakash Singh v. Union of India case (2006), have seen limited implementation.

Way Forward

  • Implementing Reforms: Adopting the Model Police Act of 2006 and the recommendations of the Second Administrative Reforms Commission.
  • Community Policing Programs: Encouraging initiatives like Mahila Suraksha Samitis and Community Liaison Groups for better relations with communities.
  • Independent Oversight Mechanisms: Establishing state and central level oversight bodies to ensure accountability.
Prakash Singh judgment on police reforms
– In a landmark judgment, the Supreme Court in 2006 had directed all states and Union Territories to bring in police reforms.
– The ruling issued a series of measures that were to be undertaken by the governments to ensure the police could do their work without worrying about any political interference.
What were the rulings?
Fixing the tenure and selection of the DGP to avoid situations where officers about to retire in a few months are given the post. 
1. In order to ensure no political interference, a minimum tenure was sought for the Inspector General of Police so that they are not transferred mid-term by politicians. 
Police Establishment Boards (PEB): The postings of officers being done by Police Establishment Boards comprising police officers and senior bureaucrats to insulate powers of postings and transfers from political leaders.
State Police Complaints Authority (SPCA): There was a recommendation of setting up the State Police Complaints Authority (SPCA) to give a platform where common people aggrieved by police action could approach. 
State Security Commissions (SSC): Separation of investigation and law and order functions to better improve policing, setting up of SSC that would have members from civil society and forming a National Security Commission.

Source: IE