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When the protector becomes the perpetrator: The systemic crisis of policing in India

Writer: Legal Bhai
Legal Bhai
Oct 29
2 min read

The foundational architecture of modern policing in India was never designed to serve or protect the common citizen. When the British Raj established the Police Act of 1861 in the wake of the 1857 revolt, its primary objective was singular and unapologetic: to safeguard colonial authority, suppress dissent and protect British interests from the local population.



Decades after independence, the constitutional mandate underwent a profound transformation on paper. The Indian Constitution established a democratic republic where sovereignty rests with the people and the police were theoretically charged with maintaining public order, protecting civilians and upholding the law.


Yet, beneath the democratic veneer, the colonial DNA persists.


The Reality of Modern Policing: Power Over People


Today, the operational reality on the ground often reflects a stark inversion of democratic duties. Rather than acting as public servants dedicated to the safety of every constituent, the machinery of law enforcement is frequently co-opted to serve political elites.


  • VIP Security vs. Public Safety: A disproportionate amount of police resources, personnel, and intelligence is diverted toward protecting politicians, bureaucrats and high-ranking officials. In many instances, the primary duty appears to be shielding those in power from the very public they represent.


  • The Servants of the Ruling Class: Police accountability has become vertically aligned with the political executive rather than horizontally aligned with the Constitution and the citizenry. When governments change, institutional loyalties often shift seamlessly to align with the new power center, highlighting a culture of compliance to political masters rather than institutional duty.


  • The Instrumentalization of Law: Instead of acting as neutral arbiters of justice, law enforcement agencies are frequently utilized to suppress political opposition, silence critics and maintain social hierarchies, transforming protectors into instruments of systemic coercion.


The Path Forward: Reclaiming the Constitutional Mandate


True police reform has been recommended for decades by numerous commissions—including the National Police Commission and landmark Supreme Court directives (such as the Prakash Singh v. Union of India judgment)—yet implementation remains stalled due to a lack of political will.


For policing to align with the values of a democratic constitution, several fundamental shifts are required:


  1. Insulating Law Enforcement: Operational autonomy must be guaranteed to shield police forces from arbitrary political interference and transfer raj.


  2. Redefining Priorities: Resource allocation must pivot away from disproportionate VIP culture back toward community policing, grassroots investigation, and public safety.


  3. Accountability to the Law: Independent oversight mechanisms must be established to ensure that personnel who abuse power or subvert constitutional duties face transparent consequences.


Until the police force transitions from being an instrument of state power to a guardian of public rights, the core contradiction between colonial legacy and democratic aspiration will remain unresolved.

 
 
 

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