Implications of the Police Act of 1861 on Policing Practices and Civil Liberties

The Police Act of 1861 established the foundation of India’s modern police system during British rule. While it introduced a structured police force, it also had significant long-term implications on policing practices and civil liberties that continue to affect India’s law enforcement framework today.

1. Centralized and Authoritarian Structure

• Policing Practices: The Act established a centralized and hierarchical police structure, where the force operated under the command of British district magistrates. This created an authoritarian framework where police were more accountable to colonial administrators than to the public.
• This centralized command remains evident in contemporary policing. Even today, the police often function under political influence, with lack of accountability to local communities. For instance, during the 2020–2021 farmers’ protests, allegations surfaced of police acting on political orders, raising concerns about bias and lack of neutrality.

2. Focus on Law and Order Over Public Service

• Suppression of Dissent: The primary aim of the Police Act of 1861 was to safeguard colonial interests rather than protect civil liberties. The police were often used to curb dissent, control uprisings, and monitor political activities rather than serve the people.
• This legacy continues in modern policing, where law enforcement agencies are often seen as instruments of state control. Recent examples include police actions during the Citizenship Amendment Act (CAA) protests in 2019–2020, where the force was criticized for suppressing peaceful protesters, particularly in regions like Delhi and Uttar Pradesh.

3. Limited Focus on Accountability and Reforms

• Lack of Civil Oversight: The Act did not establish mechanisms for police accountability to the public or provide avenues for redress in case of abuse of power. As a result, police excesses, corruption, and human rights violations became common features during colonial rule.
• In post-independence India, the lack of structural reforms and civilian oversight has resulted in continued police misconduct. The Supreme Court’s Prakash Singh judgment (2006) mandated reforms for accountability, but many states are yet to fully implement these. Recent cases like the Hyderabad encounter case (2019), where extrajudicial killings were justified as instant justice, highlight the ongoing lack of oversight.

4. Impact on Civil Liberties

• Civil Rights Suppression: The Act institutionalized practices that infringed upon civil liberties, including arbitrary arrests, surveillance, and restrictions on free assembly. The colonial government’s use of police for surveillance on political leaders during movements such as the Non-Cooperation Movement became a regular practice.
• Even today, the police’s approach to handling civil liberties is often criticized. For instance, during the 2020 Delhi riots, police inaction and alleged bias were questioned, and reports of human rights violations, particularly regarding minority communities, resurfaced.

Conclusion

The Police Act of 1861 laid the groundwork for a police system designed to serve colonial interests, with a focus on control, repression, and maintaining law and order rather than public welfare. Its legacy continues to affect policing practices and civil liberties in independent India, as demonstrated by recent events such as protests and encounters. The need for comprehensive police reforms, particularly regarding accountability, transparency, and respect for civil rights, is more pressing than ever in the 21st century.