Under India's federal system, law and order is a state subject and New Delhi can only make recommendations to them.
Dharuwala said the reforms 'must happen and policemen have to be accountable. I wake up every morning with this hope though the process I believe is too slow'.
'If it doesn't happen, the nation will break up,' said Dharuwala, who has been spearheading the movement for police reforms since 1997.
Since 1979, a number of commissions have been set up by successive governments to reform the police but their recommendations have been largely ignored.
In October 2006, the union home ministry constituted the Police Act Drafting Committee (PADC) - commonly known as the Soli Sorabjee Committee in September 2005, which submitted a model police act. The apex court Sep 22, 2006, acting on the former police officers' petition, asked the central government to kickstart reforms and asked the state governments to urgently:
- constitute a commission to ensure that the state government does not exercise unwarranted influence or pressure on the police. The commission should also be tasked to evaluate the performance of police.
- ensure that the Director Generals of Police are appointed through merit and has a minimum tenure of two years; other police officers on operational duties should also have a minimum tenure of two years.
- set up Police Establishment Boards, which will decide transfers, postings, promotions and other service matters of police officers of and below the rank of Deputy Superintendent of Police.
- set up independent Police Complaint Authorities at the state and district levels to look into public complaints against police officers in cases of serious misconduct, including custodial death, grievous hurt or rape in police custody; and
- separate the investigation and law and order functions of the police.
(Sarwar Kashani can be contacted at s.kashani@ians.in)