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Reforms: The Security Fix

Transition from Colonial Policing to Democratic Policing.

Cue WordsNotes
Analyze key directives from the Prakash Singh Case on police reforms.
  • State Security Commission: to prevent political interference.
  • Fixed Tenure: for DGP and SPs.
  • Separation: of Law & Order from Investigation.
Analyze the challenges in prison administration and the shift towards rehabilitation.
  • Overcrowding: 70%+ inmates are Under-trials.
  • Focus: from Punishment to Rehabilitation.
Summarize the way forward for police and prison reforms in India. - Success lies in moving from "Force" to "Service-Saturated & Reform-Verified Justice Saturation."
- Trump signed a US executive order targeting cashless bail, reviving debate on furlough, parole and bail mechanisms; in furlough the original sentence continues to run during the release period (e.g., a 10-year sentence with 30 days furlough leaves 9 years 11 months to serve), typically granted to long-term prisoners to preserve family/social ties and encourage good conduct. - Parole is typically granted for short-term imprisonment or specific exigencies (illness, crop-related duties, pursuing an appeal), unlike furlough which is for long-term prisoners after a minimum period served. - Cash bail traditionally requires a deposit returned at trials end (failure to pay means continued detention); under a bond the accused agrees to bail terms and assures court attendance, often with a cash deposit sized to the crime and the accuseds finances. - Where the accused cannot afford cash bail, courts may allow a personal recognisance (PR) bond letting them arrange the amount within a set time after release; a bail bond involves a third-party surety who guarantees the accuseds court attendance, with the court vetting that suretys capability. - In Prakash Singh vs UoI (2006), SC ruled State DGPs/Heads of Police Force must be selected from the three senior-most officers empanelled for promotion by the UPSC, based on length of service, record and range of experience, with a minimum guaranteed tenure of two years irrespective of superannuation date. - SC directed state governments to send DGP vacancy proposals to the UPSC at least three months before the anticipated vacancy. - India Justice Report 2025 found the police-to-population ratio at 155 per lakh (against a sanctioned 197), prisons overcrowded (some beyond 400% capacity, average overcrowding 16%), and undertrials making up 76% of the prison population, with 1 in 4 spending 1-3 years awaiting trial. - Support to Poor Prisoners Scheme (MHA, launched 2023): if an undertrial isn't released within a week of bail, jail authorities inform the DLSA Secretary, who forwards eligible cases to a District Level Empowered Committee (chaired by a District Collector's nominee, with a Prison Judge) every 2-3 weeks; the Committee can sanction up to Rs 40,000/case for undertrials' bail surety or Rs 25,000 for convicts' unpaid fines (higher amounts need State Level Oversight Committee approval), with NCRB as the central nodal disbursement agency. - Support to Poor Prisoners Scheme excludes those accused under the Prevention of Corruption Act, PMLA, NDPS Act, UAPA and other notified laws, and denies benefit to those accused of heinous crimes (terrorism, national security offences, dowry deaths, rape, human trafficking, POCSO offences).