An Analysis of Police Reforms

Only available on StudyMode
  • Download(s) : 141
  • Published : March 26, 2013
Open Document
Text Preview
 

1
 

COMPARATIVE JURISPRUDENCE

PROJECT TOPIC:An analysis of police reforms, in light of Aristotle’s theory of justice

SUBMITTED TO: PROF. AMITA DHANDA

SUBMITTED BY: DEEPINDER BAL ROLL NO.- 11 LL.M I YEAR EMAIL- deepinder.bal@nalsar.ac.in

 

1
 


  Abstract In 1996, two former Director Generals of Police requested the Supreme Court to direct the central and the state governments to adopt a set of measures to address the most glaring gaps and bad practices in the functioning of the police.

2
 

Given the gravity of the problem and the total uncertainty as to when police reforms would be introduced, the Supreme Court, on 22nd September, 2006, delivered a historic judgment where it considered that it could not further wait for governments to take suitable steps for police reforms and issued 7 directives for immediate compliance which were binding upon central and state governments, until they frame appropriate legislations. The researcher would like to relate the topic with Aristotle's theory. Aristotle's vision of a good civil society and the teleological theory can be related to the purpose of introduction of the police reforms viz. the judgment and the purpose of the implementation of the judgment.

 

2
 


  Topic- An analysis of police reforms (In light of the judgment, Prakash Singh & others v. Union of India and others on 22, Sept, 2006)

3
 

The Government of India appointed a National Police Commission in 1977 to examine the role and performance of the Indian police as a law-enforcing agency and as an institution to protect the rights of the citizens enshrined in the Constitution. The Commission submitted 8 reports in a span of 2 years, wherein it made various recommendations so as to redefine the role, duties, powers and responsibilities of the police. With the 8th report, it drafted a new Police Act incorporating certain essential recommendations, which were never implemented. In 1996, a petition was filed by 2 former Director Generals of Police, praying for the issue of directions to the Government of India to frame a new Police Act drafted by the Commission to ensure that the police is made accountable essentially and primarily to the law of the land and the people. As a part of my project research, I would like to examine the need of police reforms in India, the implications and implementation of the 2006 judgment of the Supreme Court (in response to the petition of 1996), in relation to the Aristotle’s theory of justice and his concept of a good civil society. India has established a vibrant democracy, where good governance and administration of justice to the citizens are essential attributes. The primary institution on which the state relies for the maintenance of law and order is the police. Policing is an essential public service and it is the duty of every state to provide its people with the best police service possible. The society perceives police to be the custodians of law and order who provide safety and security to all. Thus police personnel have a vital role in a parliamentary democracy like India. The Police as an organized institution came into existence in India with the Police Act of 1861, which was the advent of the British. The police act was designed on the British model of colonial control, which was meant for its subjects and not for the free citizens of a democracy. Independence has changed the political system in India, but the police system is still governed by The Police Act of 1861. It is shocking to believe that, till now, no government, central or state, has taken the initiative to replace the Police Act of 1861 with new legislation, which would be in tune with requirements of democratic policing. Aristotle in his theory states that the purpose of any organization is to from good citizens and to cultivate good character. We must recognize that the police is one of the most vital social institutions needed to...
tracking img