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N R Madhava Menon,
Vice-Chancellor, National University of Judicial Sciences,
Calcutta
Policing in democratic societies is governed by
the rule of law and is indeed a difficult and challenging task.
Given the fact that the Indian police force was trained in the
past to serve the objectives of colonial rule and has not yet
been granted the autonomy, resources and training for
professionalisation in a democratic milieu, its performance has
not been entirely disappointing. Compared with many other
departments of the government, the police by and large have
served the public good even in adverse circumstances. What is
disconcerting today is the steady deterioration of standards of
policing, the increasing lawlessness amongst the policemen
themselves and the attitude of complacency and complicity amongst
the leadership in police organisations. Given the prevailing
attitudes and approaches in the police force, there is not much
hope that the people will get better services from the police in
the immediate future. Since the purity and efficiency of the
criminal justice system is largely dependent on the police who
feed the system, the future seems bleak for criminal justice in
general.
Causes for popular dissatisfaction with the
police
What are the causes for popular dissatisfaction
with the police and who is responsible for it? What follows are
examples of popular discontent against the police. The issue is
not whether all of these are absolutely true or not but whether
they exist in the public mind and whether there is any
justification for them.
- Police are the principal violators of the
law and they get away with impunity.
- Some sections of the police are in league
with anti-social elements. Consequently they indulge in
selective enforcement of the law.
- Police exhibit rude behaviour, abusive
language and contempt towards courts and human rights;
they indulge in all forms of corruption.
- Depending on the socio-cultural status,
economic power and political influences of people who
approach them, police adopt differential attitudes,
violating equality and human dignity.
- Police are either ignorant of the precepts
of human rights or they deliberately disregard them in
the matters of arrest, interrogation, searching,
detention and preventive policing.
- Given the dismal record of prevention and
successful investigation of crimes, the police lack
accountability in protection of life and property.
- While crimes are getting sophisticated,
the police are becoming less professional. There is no
evidence of a collective desire within the police
organisation to redeem its public image.
- The police are insensitive towards victims
of violent crimes. They sometimes behave rudely with
victims, as if they are responsible for their fate.
- At least a section of policemen think of
human rights as antithetical to effective law
enforcement. They blame the law, lawyers and courts for
their own inefficiency.
- Of late, some policemen have publicly
shown leniency towards fundamentalists and terrorists,
manifesting a dangerous threat to security and
constitutional governance.
It is not my intention to proffer evidence or
arguments to prove or disprove any of above perceptions. That
said, no honest person within or outside the police could totally
deny the charges. Of course, they can give alibis and
explanations that may or may not be acceptable to the public.
Well thinking persons should acknowledge the existence of such
perceptions in a wide spectrum of the citizenry and must work out
strategies to remove them progressively in the interests of
public service and professionalism. Those who do not want the
situation to change will continue to provide excuses and
explanations accusing others in society or in the criminal
justice system for the malady. The tragedy is that unlike other
departments of the government, if policing tends to become
lawless, the very foundations of democracy are in jeopardy,
development subverted and the country’s integrity
compromised. Hence the urgency to reform the police and their
style of functioning.
What can be done and by whom?
The police, the government and society each
have a role to play in improving the law enforcement situation
and in developing human rights oriented police in the country. If
the government had accepted the recommendations of the National
Police Commission and set up state security commissions, the work
of coordinating action among the three constituents could have
been undertaken. In the absence of an independent state security
commission, the initiative must come from the government as well
as from the police department. The public naturally will be eager
to respond adequately and give momentum to the reform process,
which will be welcomed by everybody except the corrupt and
criminal elements thriving on police inefficiency.
Reforms within the police
A lot can be achieved towards change in public
perceptions and to improve the standards of policing if the
leadership within the police organisation is fully committed to
reform. After all, every profession has the primary
responsibility to discipline its members and maintain a code of
ethical behaviour by internal mechanisms and by peer groups. The
police are intrinsically disciplined and superiors command a lot
of power and control over their subordinates. If this situation
is to be put to good use, the superiors should be aboveboard and
transparent in their dealings. It is essential that reforms in
the organisation start from above and clear signals of good
behaviour are sent down to all the ranks.
Organisational behaviour is largely the outcome
of training and continuing education. Police training is archaic
in content and methods. The emphasis is still more on muscle than
on the mind. Human rights, if at all, form an insignificant
module in the training programme and there is hardly any emphasis
on human rights in the training of constables, who form 85
percent of the force. A subculture inimical to democratic
policing pervades the organisation and is perpetrated due to
indifference or connivance of seniors. Respect for human rights
is not rewarded. If the leadership itself is doubtful about the
imperatives of human rights in policing, and if they disregard
its importance in the training of subordinate officers, it is
pointless to expect change in the behaviour of ordinary
sub-inspectors and constables.
Another reform that can be brought about by the
police themselves is with respect to the adoption of fair, quick
and responsible methods of redress for complaints against the
police. The system has to be institutionalised and integrated
with police roles and responsibilities. Why not hold regular
"police adalats" at every police station to receive and
respond to public grievances? Transparency brings efficiency and
popular support. Without public participation, no police force,
however well equipped and trained, can fight crime in any
society. As such, the police have to take the initiative to build
bridges with all sections of society and solicit their
cooperation. It is possible for an inspector general to appoint
honorary police officers from amongst respectable members of the
public, in different areas who can augment police efforts
in crime prevention and detection.
Reforms that the government has to undertake
No government can plead paucity of funds for
its inability to protect the life and property of its citizens.
Therefore, the reason for governmental neglect of police reforms
is not lack of funds but its desire to misuse the force for
narrow partisan ends. This is the character of every government
irrespective of whichever party is in power. People have begun to
comprehend the misuse of the police by the politicians to
perpetuate sectarian interests and conceal their illegal actions.
There is decreasing reliance on the state police and increasing
dependence on private police, private detective agencies and
protection from mafia gangs or self-help. "Senas"
[private armies] are being trained and armed to defend particular
interests, legitimate or otherwise, and the state is a silent
spectator in the rise of such power centres attempting to control
the lives of people in different areas. The rule of law is being
undermined and people’s faith in the police has been eroded.
What the government needs to do vis-?vis
the police, if it wants to govern according to the Constitution,
is spelt out in great detail in the National Police Commission
reports and it is unnecessary to repeat them here. All that one
can say is that the people have to be vigilant and demand lesser
interference from their governments in the day to day functioning
of the police and greater accountability on decisions concerning
the police and the law and order situation in the states.
Reforms that people can initiate
According to an old adage, every society gets
the police it deserves. After all, policemen come from the same
society and reflect the attitudes and behaviour that are found in
society. How respectful is the average citizen with regard to
human rights of fellow citizens? In a society where doctors cheat
their patients, lawyers exploit their clients, teachers indulge
in politics instead of teaching and even the clergy is corrupt,
one cannot expect any better from policemen. The evidence they
collect is doubted and their status is worse than that of other
comparable positions in government.
All sections of society, particularly the
media, can help improve the status and efficiency of the police
force. They can attempt not to disparage the police without
justification. If they cooperate in law enforcement, there is
bound to be a welcome response from the other side that
eventually will result in greater social defense and better law
and order situation. People and police ought not to maintain an
adversarial relationship as it harms both of them. There are
black sheep in every organisation. To isolate and cultivate the
talented is the challenge that has to be faced by the community,
the media and the NGOs. Such a partnership guarantees human
rights protection, the security of life and property and a
credible system of criminal justice in the country.
This article reproduced by courtesy of Dr P
J Alexander, Editor, Policing India in the New Millennium
(Allied Publishers, 2002).
Posted on 2002-08-15
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