Police Reforms

R. R Sharma
It is recognised that the power of the police to fulfil their functions and duties depends on public approval of their existence, actions and behaviour and on their ability to secure public respect. Key phrase above is the ‘Public approval’. As society progressed, world waked up to the idea of modern policing. The very existence of Police as a separate entity having civilian functions can be traced back to 19th century. Unlike ‘Metropolitan bobby’ policing model prevailing in London that time, India( British blue-eyed colony) however could only manage to get Royal Irish constabulary policing system in place from its British masters.
The Indian model was designed to infuse fear and awe in the public. Whereas London model revolved around civilian policing which propounded ” Police is public and Public is police”. Former emphasised on Police being a Force, the regime force. Revolt of 1857 against British shook the very foundation of it’s empire whose tremors reached up to Britain itself. Result was “Indian police act 1861″ was introduced in India which stood prophetic even after 157 years. After attaining independence in 1947, minor changes were made to Police law in the forms of Bombay Police Act, Delhi Police Act etc, mostly they were replica of Indian police act 1861.
British Legacies prevalent
Institutionally, it is bizarre to govern the 21st century land and people by the 19th century laws. It brings a yawning gap between the reality and idealism. To cite few examples, laws like Indian Police Act 1861, Indian Penal Code 1860, Indian Evidence Act 1872 etc are still there on the hot seat of police and law governance. The criminal and civil laws have been amended now and then which in turn often breeds ad hocism as the amendment in the law caters to a particular case or situation setting aside the wider application. Being an ally of convenience and not conviction, the humongous growth of piecemeal amendments erode the stability of legal jurisprudence as laws are interrelated ,one change requires changes in other laws too. Section 25 of Indian Police Act 1861 defines responsibility for a police officer to obey lawful orders of his superior. The much bigger audience to whom he is responsible to and accountable to is common public. The narrow narrative of legal responsibility sometime defeats the much wider directive principle of Article 38 of the constitution( welfare state). Thomas Jefferson sounds right when he says” when a man assumes public trust, he should consider himself a public property”.
Police Ailments
” It is not that they can’t see the solution. It is that they can’t see the problem”. G.k Chesterton words seems apt. The best way to assuage popular disaffection is to first admit, yes the problem lies here. Then work on them. From culture of immunity and unaccountability, abuse of power to culture of impunity, problems are too many. Lack of autonomy is an initiator to the vicious cycle of despair, stress, low work efficiency, self estrangement, poor interpersonal relations, alienation and in extreme cases even suicide. Political interference in personnel administration of police make things worse through politicisation of police.
Nithari kaand, Jessica Lal cases highlight the rampant corruption practices in the system which aggravates the already growing trust deficit between citizenry and police. Poor service conditions on the other hand is a nightmare.
Overburdened police, more than 5 lakh vacancies, diversion of major chunk of troops for BandoBast ( VVIPs and politicians security)and Adm duties deprive police of their regular policing duties. Mostly they have no festivals, poor living conditions, family being away which all pile up to result into Bad policing.
Training has seldom dared to make pace with the changing times and modern crimes. Police constabulary has faced the worst burnt of inadequate training. More emphasis on physical aspect( Drill, PT etc) neglects the cognitive development which is of dire need in the streets of India. Cyber crimes, new ways of human trafficking, cruelty by intimate partner, persecution for dowry, insult to modesty etc need much more than a 400 meter sprint by a cop. Human rights education, e- education, making them tech savvy would be few steps to train them according to current demand of situations. Even to maintain status quo these days one has to move continuously with the background. Because “If we want things to stay as they are, things will have to change”.
Committees and commissions
Plethora of recommendations from Superabundance of committees has helped nobody except the members of the committees. In 1902 Frazer commission gave negative, oppressive, inefficient and terrifying picture of British police. Thanks to financial paucity, no committee was set up in stating years of post independent India. National Police Commission (NPC) was appointed in 1978 under chairmanship of Mr. Dharam Vira. NPC came up with 8 reports, main recommendations being- replace Indian Police Act 1861 by new one, set up ‘State Security Commission’ to act as one stop centre of policy making and entertaining complaints of common public against erring police officers, tenurial security of DGP ( 4 years), gradual separation in police wings dealing with law & order duties and crime investigation. Fall of government at the centre ensured putting of old recommendations in cold storage.
In 1995 Public interest litigation (PIL) filed by Prakash Singh and N.K Singh asked for the enforcement of NPC’s recommendations. In reply to the Supreme Court, new government labelled NPC’s recommendations as old and rather pressed for a new committee. Then started the game of committee committee.
The extended family of committees on police reforms- 1998 Julio Ribeiro committee, K. Padmanabhaiah committee, Kamal Nath committee set up to study 627 old recommendations, soli Sorabjee committee. Fate was same for all of them, one bogged down by another. People needed more on ground and less on paper. But no one found the ground. Someone has to tell that how much is too much. Implementing the suggestions can be life saving as, a wrong decision is not forever, it can be reversed. The losses from a delayed decision are forever; they can never be retrieved.
Reforms on the street
Civic action programmes, Police public meets, cricket matches etc all aim to have proximity of public with khakhi. But few men do it everyday, every moment singlehandedly without any budgetary support as a daily routine.The turmoil ridden state of J&K which has been on a boil for past three decades, has often witnessed the utmost cynicism in public eye for state officials. Man with a rank of Inspector General of Police ( IGP), and name Basant Rath(IPS) while discharging his duties as IG traffic J&K, implemented many committees recommendations of improving public trust, make public as active participants rather than passive recipients of services in administration. Such was a trust and hope story scripted by him and exhibited by his team that people used to surround him and click burst of selfies with him. Euphoria for a policeman was unprecedented. His approach having two ends, on one end it was,’Leadership by moving around'(His office being the macadamised floor and footpaths) and on other end it was Broken window approach (violation of traffic rules dealt strenuously and strictly. From women to school children, from an octogenarian to a toddler everyone started connecting to this public official. Result: challans increased tenfold, helmet sales soared, matadors overloading reduced, students allowed to travel on half fare, women to get priority seats in public transport. And seat belts got a hug from the car drivers at last.
Question arises why this ‘Servant first approach’ ( best ruler is, which is best ruled )could not be emulated by others at mass scale. Why did not he gave excuse of police reforms for his failures. Why he did not accuse the state for his lacunae. Presumably he had faith on himself and constitution of India. Much faith on the powers given by All India services, and extreme faith in people whom he served.
The way forward is every time state and government cannot be blamed for our inactions. Ultimately what matters is what you have done with the things at yours disposal. Esther Dyson puts it rightly,” I think of who I am as what I have done”. There is no dearth of opportunity to do justice to one’s job towards general public. Or other lane to dooms day is to wait for the gospel reforms which would turn the world upside down. Latter is an utopia. Because those gospel reforms again would need implementation. Time is ripe for action. Selfless Acton. Action for people of India. By the people of India.
On Police commemoration day this year, Prime Minister of India emotionally said” words can never describe the valour and dedication of our Policemen, their bravery. Their sacrifice will always inspire us.”
( The author is an Assistant commandant in central police forces.)
Views expressed are totally personal)
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