Police are not a bunch of sadists or psychopaths. Thousands of policemen have given their lives to protect and safeguard the integrity of the nation and have rendered valuable and yeomen service in crime prevention, putting down organised crime and giving relief and succour to the people affected by natural calamities. Yet, why are they quick to use violence against people, whom they profess to serve. The causes are : negative role assigned to the police under the law; police-politicians nexus to maintain status quo of political power making public accountability non-existent; total collapse of criminal judicial system encouraging public tolerance for police violence to deal with criminals; existence of police sub-culture supporting unethical and illegal means; and absence of self-regulating mechanism in Police profession etc.

Mere punishment meted out to a few policemen and public relations gimmicks of Police Brass cannot wipe out Human Rights violations. Basic causes are to be removed and simultaneously steps are to be taken to bring about a total and complete change in the attitude of people and police towards the role and function of police in a Free Society and create a sincere desire to ensure Human Rights to the people.

Police Act of 1861, under which Police function in India, assigns a very narrow, reactive role of Maintenance of Order and Prevention and Detection of Crime to Police; excluding police participation in any proactive social role and always bring Police into contact with the people in an adversarial and restraining role. Though not sanctioned by Law, Police in India since Independence have been used to protect the interests of politicians in power. This Establishment Protection role debases Police organisation and the support of the ruling elite makes Police disregard public accountability.

In a civilised society, the way the Police organisation functions, truly reflects the values and norms of the society. Criminalisation of Political Processes, unabashed use of violence to achieve political ends and complete disregard for the Rule of Law by those in authority, have cumulatively created an atmosphere of lawlessness conductive to violation of Human Rights. While dissent is a democratic right and expression of dissent in a non-violent manner is an accepted civilised political method, Indian Police have been used to stifle dissent and settle scores with political opposition. Police, meant to ensure stable conditions in society, have been used by their political masters for destabilisation. Interdependence of Political authority and Police, crate a situation of quid pro quo, where political masters are unable to question the Human Rights violations of Police. If Police are to be insulated against violations of Human Rights, they are to be divested of this Establishment Protection Role and the nexus with politicians should be broken.

Contrary to popular misconception, law and order do not go hand in hand and are often times work at cross purposes. When threatened by terrorists and others, society clamours for quick elimination of these threats by the Police at all costs. Where immediate results are demanded and no questions are asked about the ‘means’, law enforcers become law breakers. To maintain the image of having the upper hand over these elements, Police often resort to questionable and illegal means. Political violence is the result of political discontent and disenchantment with the existing political processes by a section of the people. Since the causes are political, the cures are in the political process. Instead of police being used only to fight the criminality inherent in political violence situations, they are used to fight the political ideologies and problems. Non-utilisation of police to solve political problems would go a long way in reducing violation of Human Rights by the Police.

Police violence often takes place, while police are performing their role of crime fighters. Our legislatures churn out laws at an alarming rate to salve their conscience and entrust the enforcement to Police. Many of these laws, though noble in their aims, have not been accepted by the public. As Police are required to enforce all laws, this creates a situation of conflict with the public. Total law enforcement is a gigantic inconvenience in a Free Society as it impinges on the basic freedoms of the citizen. In our country, we seek to achieve social reforms through punitive measures enforced by the Police instead of through persuasion and education. As enforcement of myriad social legislations take away large chunk of the resources of Police, when required to deal with offences against person and property, police find themselves at a disadvantage. Bereft of modern means of crime detection, devoid of public cooperation, utilising archaic judicial procedures and working with a sluggish and non-responsive judiciary, police tend to attain quick results through third degree. Surveys reveal that the general public are also not averse to Police using violence against ‘criminals’. People can not distinguish between a ‘suspect’, an ‘accused’ and a ‘criminal’. Since only weaker sections of the society are the ‘suspects’ in criminal cases, violation of their Human Rights by the Police seldom attract people’s attention, unless a death takes place in custody.

Added to these, policemen act under the stiffing influence of ‘Police sub-culture’ which advocates, applauds and rewards the credo that the results justify the means adopted - albeit unethical and illegal. They also suffer under an unbearable pressure of the police hierarchy, which lays premium on achievement of targets at all costs. They are the victims of the tyrant statistics. Survival and advancement in the organisation depends on achievement of targets, no one bothers about the means adopted.

To break this vicious circle, philosophy of police organisation should be redefined. People first, always and forever. Legality and ethics are to be given primacy in police working. Police leadership should make a conscious effort to build an atmosphere, within the organisation, which would facilitate the observance of Human Rights in the functioning of the Department. They should protect the police personnel from unreasonable demands of politicians and public which facilitate violations. A massive educational programme for policemen to impress on them the relevance and need for Human Rights in a liberal democracy should be launched.

Police personnel tend to become cynical due to constant exposure to seamier side of life. To convince them about the rationality of doing things in a ethical and legal manner, we need some one who commands their respect, speak their idiom, familiar with their personal and operational problems and who had been a comrade-at-arms. Towards this end, at District, City and Metropolises level, non-government public service organisations of former retired Police Personnel should be established.

Christened as, POLICE INITIATIVE FOR HUMAN RIGHTS, this organisation should start a mass contact programme on HUMAN RIGHTS for Police functionaries; distribute free Human Rights literature; explain to them the Code of conduct for Police and the need for ethical values and provide counselling.

This organisation should also conduct impartial probes of complaints against police received by them for violations of Human Rights. It can also serve as the investigative/enquiry Wing of Police administration, National and State level Human Rights Commissions and assist them in their tasks.

There are many retired distinguished police officers, known for their integrity, observance of ethical principles, impartiality while in service and who still command the respect of the rank and file. They should come out of retirement and assume the leadership of POLICE INITIATIVE and give the organisation a proper direction and required dynamism. As a profession, Police need a self regulating machinery in the Service. This organisation can fill that void.

Central and State Governments should provide moral and material support to this organisation to enable it to achieve its goals. Since the efficient working of this organisation will result in the refurbishing of Police image, it is expected that retired police personnel will join en large numbers and participate in its working. This organisation would also receive the support of the Police personnel and police hierarchy as its objectives do not in any way clash with the functioning of the Department.