Parliament voted on the Demands for Grants for the Ministry of Home Affairs on May 02, 2012. During the debate, MPs expressed concern over the status of police forces in different States of the country. They emphasised the need to augment the capability of police forces. Though ‘Police’ and ‘Public Order’ are State subjects, the union government provides assistance to States for strengthening their forces. For instance, the Ministry of Home Affairs has been implementing a non-plan scheme for ‘Modernization of Police Forces’ since 1969-70. Under the scheme assistance is provided in the form of grants-in-aid towards construction of secure police stations, outposts, for purchase of vehicles, equipment etc. (To know more about the scheme, see an earlier blog post on the issue.) At the all India level, the sanctioned strength of State Police equals 20.6 lakh personnel. Though there exist wide variations across States, at an average this amounts to 174 police personnel per lakh population. However, the actual ratio is much lower because of high vacancies in the police forces. At the aggregate level, 24% positions are vacant. The table below provides data on the strength of state police forces as in Jan, 2011
State | Sanctioned strength | Sanctioned policemen/ lakh of population | Vacancy |
Andhra Pradesh | 1,31,099 | 155 | 31% |
Arunachal Pradesh | 11,955 | 966 | 42% |
Assam | 62,149 | 200 | 12% |
Bihar | 85,939 | 88 | 27% |
Chhattisgarh | 50,869 | 207 | 18% |
Goa | 6,108 | 348 | 16% |
Gujarat | 87,877 | 151 | 27% |
Haryana | 61,307 | 248 | 28% |
Himachal Pradesh | 17,187 | 256 | 22% |
Jammu & Kashmir | 77,464 | 575 | 6% |
Jharkhand | 73,005 | 235 | 30% |
Karnataka | 91,256 | 155 | 10% |
Kerala | 49,394 | 141 | 7% |
Madhya Pradesh | 83,524 | 115 | 9% |
Maharashtra | 1,53,148 | 139 | 10% |
Manipur | 31,081 | 1,147 | 26% |
Meghalaya | 12,268 | 469 | 17% |
Mizoram | 11,246 | 1,112 | 6% |
Nagaland | 24,226 | 1,073 | 0% |
Orissa | 53,291 | 130 | 18% |
Punjab | 79,565 | 291 | 14% |
Rajasthan | 79,554 | 118 | 11% |
Sikkim | 5,421 | 886 | 27% |
Tamil Nadu | 1,20,441 | 178 | 15% |
Tripura | 44,310 | 1,224 | 17% |
Uttar Pradesh | 3,68,260 | 184 | 59% |
Uttarakhand | 20,775 | 211 | 24% |
West Bengal | 72,998 | 81 | 18% |
A&N Islands | 4,417 | 1,018 | 22% |
Chandigarh | 7,873 | 695 | 22% |
D&N Haveli | 325 | 114 | 13% |
Daman & Diu | 281 | 140 | 6% |
Delhi | 81,467 | 441 | 1% |
Lakshadweep | 349 | 478 | 36% |
Puducherry | 3,941 | 352 | 25% |
All India | 20,64,370 | 174 | 24% |
Source: Lok Sabha Unstarred Question No. 90, 13th March, 2012 and Lok Sabha Unstarred Question No. 1042, March 20, 2012
In a recent judgement (Judgement on Feb 23 - Baldev Singh and Ors. V. State of Punjab), the Supreme Court reduced the sentence of three persons convicted of rape from 10 years to 3 and a half years, and also asked the three convicts to pay a fine of Rs 50,000 each to the victim. In reducing the sentence, the court drew from the provision in S. 376 (punishment for rape) of the Indian Penal Code which allows the court to reduce the sentence for "adequate and special reasons". There have been a number of past cases where the Supreme Court has reversed High Court decisions reducing sentences under this provision for not giving suitable reasons. In 2007, the Supreme Court struck down a decision of the Karnataka High Court which had reduced the sentence of a convicted rapist to 3 and a half years. The High Court had stated that the sentence should be reduced since the accused was "a young boy of 18 years belonging to Vaddara Community and Illiterate". The Supreme Court stated that there is a legislative mandate to impose a sentence for not less than 10 years. Only in exceptional cases, for "adequate and special reasons" can a sentence less than 10 years be imposed. It overturned the Karnataka High Court decision saying that there was an "absence of any reason which could have been treated as "special and adequate reason"". In Baldev Singh's case, the Supreme Court said: 1. The fact that the incident is an old one (the incident took place in 1997) is a circumstance which fits into "adequate and special reasons" for reducing a sentence. 2. The parties have entered into a compromise among themselves. The issue is whether this judgement has gone beyond the legislative mandate, and whether it has adhered to the principles laid down by earlier decisions of the Supreme Court. In 2007, the Supreme Court itself stated that for a crime like rape, strong reasons have to be given to reduce the sentence envisaged by the legislature. Moreover, the provision does not envisage the settlement of a crime by payment of compensation to the victim of a crime. A criminal act is seen in law as a crime against the whole of society (which is why the state's prosecution agency, and not the victim, goes to court against alleged criminals). Therefore, criminal actions such as rape (or murder, robbery, kidnapping etc.) cannot be "settled" by the payment of compensation under the Indian Penal Code. In this light, it should be interesting to see whether the State files an appeal against this judgement.