Police Reforms – SC directives, NPC, other committees reports

Breaking the politicians-criminals-bureaucrats nexus

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper 3- Police reforms and criminalisation of politics.

The root cause of impunity with which police perpetrated crimes lies in the in a nexus. The nexus between politicians, criminals and government functionaries needs to be broken down. This article suggests the ways to do that.

The context

  • The recent custodial deaths in Tamil Nadu and encounter of a criminal by the UP police showed the police in a bad light.
  • However, when we dig deeper into the problem we realise that its root lies in the nexus of politicians, criminals and the government functionaries.

Past attempt to break the nexus

  • In 1993, the Vohra Committee had submitted a report on the nexus between the criminals, politicians and government functionaries.
  • DIB suggested that an institution be set up to effectively deal with the menace.
  • There were discussions in parliament, but the matter ended there.
  • There was hardly any follow-up action.

Criminalisation of politics

  • The number of members of parliament with criminal background has been going up with every successive election.
  • It was, according to the Association of Democratic Reforms, 30 per cent in 2009, 34 per cent in 2014 and 43 per cent in 2019.
  • The present UP Assembly has 36 per cent or 143 MLAs with criminal cases against them.
  • This lead to the administration turning a blind eye to the illegal activities of the criminals.
  • The nexus has proliferated and grown in strength down the years.
  • It creates an environment where the criminals who are part of the nexus are able to dodge the due processes of law.

Suggestions

  • 1) We must have a law which debars persons with serious criminal cases from entering the assemblies and the Parliament.
  • 2) The criminal justice system must be revamped as recommended by the Malimath Committee.
  • 3) The Supreme Court’s directions on police reforms must be implemented.
  • 4) An institution comprising representatives of the police/CBI/NIA, IB, IT department, Revenue Intelligence and Enforcement Directorate should be set up to monitor the activities of the mafia and criminal syndicates in the country.
  • 5) A Central act on the lines of MCOCA should be enacted to curb the activities of organised criminal gangs.
  • 6) The concept of federal crime, as recommended by the Second Administrative Reforms Commission, should be accepted.
  • Crimes with all-India ramifications or are trans-national in character, like those of terrorism and organised crimes, should be brought within the ambit of federal crimes.

Consider the question “The nexus of criminals, politicians and government functionaries is at the root of many problems the country faces today. Examine the problems created by the nexus and suggest ways to deal with the problem.”

Conclusion

We must, without further delay, build an environment where police become an instrument of service to the people, where monsters like Dubey do not thrive and become a menace to society.

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