MONTHLY FEATURE
uuu POLICE AND SECURITY uuu DECEMBER , 1999POLICE FOR THE NEW MILLENNIUM
Dr
. S. Subramanian, IPS (Retd.)Republic of India cannot march into the New Millennium handicapped with an antiquated Police Service governed by archaic Laws of the 19th Century. There is an urgent need to introduce Reforms in Law governing Police in India, redefine the Mission of the Police and set high standards of Ethics and Legality in Police functioning.
Peaceable conditions and an ambience of Freedom from fear of Crime, enable Citizens in a liberal Democracy to enjoy their basic freedoms and realise their full human potential. Police organisation is charged with the responsibility to ensure these in Society. It is a truism that the quality of life in a Democracy is directly related to the quality of Police Service it has. An ethical, lawful and people-friendly Police service is the hallmark of a liberal Democracy. Judged from this standard, India has miles to go before she can proudly proclaim herself as a liberal Democracy
It is a sad fact, that even after 138 years of legal existence (since 1861), Police in India are neither able to give satisfactory service to the people nor able to win public approbation. Not withstanding the fact, that since Independence, Police have stood as a bulwark against the Forces of disintegration, faced successfully the threats to National integrity and Sovereignty and thousands of Policemen have sacrificed their lives in the process, in public minds, the `dark and dirty' image of Police remains.
Redefine the Mission of the Police
Strangely, Police in India operates under the mandate provided to it in the 19th Century. In a Democracy, the Mission of the Police should be 'Service to the People'. Unfortunately, in India, under the Police Act of 1861, the Police are there to enforce all the orders and 'fiats' issued by the Government without regard to their legality or conformity to Constitutional principles. Consequently, Police organisation has adopted as its Mission, the role of `Establishment Protector '. Considerable resources of the Police organisation are being spent not on Public Order and Prevention and Detection of Crime, but for protecting and perpetuating the ruling elite. Protection of the lives and properties of the citizens become less important to the Police than the protection of the interests of the ruling elite. In doing this, Police stifle Democratic dissent and pay scant regard to Human Rights of people. To usher in New Police for India in the New Millennium, in the first place, we should repeal the Police Act of 1861 and replace it with the one suggested by the National Police Commission, defining the Mission of Police as `Service to the People' and protection of their Fundamental Rights.
Police Accountability
In a liberal Democracy, Police should be primarily accountable to the Law and administrative supervision should rest with the People and not with the ruling elite. The National Police Commission has suggested that this could be achieved with the establishment of a State Security Commission to oversee the working of the Police. This innocuous suggestion remains unimplemented for over 22 years, as the ruling elite feels that their powers to misuse police will disappear with its implementation. It is high time, that necessary legal measures are initiated to implement this important recommendation of the NPC.
Change the Police Ethos
The Ethos of Police organisation should be changed from `Enforcement' to `Enablement'. This will make the Police service a proactive social service organisation. Instead of being on the look out for violators, Police would look for the victims of crime and take steps to remove the causes for their victimisation.
Means and Ends
In a Democracy, Ethical Policing is as much important as Lawful Policing. Police organisation should be made to change its ethos from achieving organisational goals adopting all dubious and illegal means. Fake encounters Custodial Deaths and Rapes, Corruption and Extortion will have to be eliminated from the Police organisation. This is possible only when the Police adopt as their credo 'Ethical and Lawful' performance of their duties. To a large extent, the mistrust of the public and the Judiciary is due to the fact that the Police do not adopt ethical and legal standards in the performance of their duties.
Respect for Human Rights and Dignity of the People
Police can not succeed in their work, without the active cooperation of the people. To earn the friendship and cooperation of the People, Police should learn to respect the Dignity and Human Rights of the Citizens. Not every one, who comes in contact with the Police, is a criminal. People approach the Police only when they are in distress and in need of intervention of the State's authority. One can compare a Police station to a good Mission Hospital. People expect at these places, sympathy, empathy and compassion. Unless Policemen acquire and nurture these basic humane qualities, people will neither trust them, respect them nor give them willing cooperation.
Set Police Goals and Objectives in consultation with the People.
Needs of the People for Order Maintenance, Prevention and Detection of Crime and for Services of Police, vary from place to place, making policing essentially a localised function. Police organisation at present sets its goals and objectives without any consultation with the people or with reference to their actual needs. Consequently, since their requirements are not reflected in Police activities, people tend to ignore the Police. Only where their legal involvement becomes a necessity, people approach the Police. The growing Private Security Industry is a standing testimony to the lack of confidence of the people in the capacity of the Police to protect their lives and property. Instead of behaving as a self-perpetuating bureaucracy, Police organisation should decentralise decision making and provide functional autonomy to local units to enable them to set goals and objectives to meet the local needs. After all, it should be realised, the law speaks only of the Officer-in-charge of a Police station as the decision-maker to launch the Criminal Justice Process. Instead of being an `inverted pyramid', the Police organisation should become `broad based'. The supervisory levels should be drastically reduced and more officers of appropriate rank capable of taking decisions on the spot should be available in the field to serve the public.
Demilitarisation of Police
Instead of being a `Civil Service', Police organisation in India is increasingly adopting the image and postures of Military. There is a basic difference in the goals and objectives of both these organisations. While the Military's goal is victory at all costs, Police goal is service to the People at all costs. We certainly need Armed Police Formations, organised and structured on the lines of Military, to fight terrorism and anti-national elements. But these are to be confined to Para Military Forces, Special Armed Police and District Armed Reserves. This type of organisation has no place in Civil Police. As a corollary, Civil Police should shed the mentality of stressing on `Quantity'. More Policemen do not assure good service to the Society. For example, people hardly get any worth while service from a Police station having strength of fifty Constables and one Sub-Inspector. Constabulary is not authorised by Law to do any investigation etc. For prompt attention to Public grievances, more Sub-Inspectors and above should be available Police Stations.
More Policemen for Service to the Public
Police organisation should learn the art of maximising the use of trained manpower. At present, of the Police Personnel available in a Police Station, hardly 40% are available for Service to the People. Most of the personnel are deployed on `Fetch and Carry' jobs resulting in waste of trained Police Personnel. Introduction of Technology, Civilianisation of operations, Computerisation, and imparting training to the Personnel in multiple skills, would increase the number of Policemen available for duties that give satisfaction to the public.
Human Rights of Personnel and Police Welfare
It is said, that the Society gets the Administration it deserves. This is also true of Police organisation. Poorly paid, ill trained and ill equipped Personnel cannot function as ideal Policemen. Their Right to Life and decent living and working conditions are to be ensured. While, Society should demand the observance of Human Rights by the Police, basic Human Rights should not be denied to the Police Personnel. Only a contented and happy Police Force can give the People `Service with a Smile'.
As the Country marches into the next Century, there is need to introduce these basic reforms to usher in a new Police. All our efforts at development and become an economic power, will come to a naught, if we do not have an efficient and effective Police Service to protect the Society.
(The author is a former Director General of C.R.P.F and N.S.G)