Since 1981 over seven thousand policemen have laid down their lives to protect and safeguard the unity and integrity of India. Policemen have also rendered yeoman service during natural calamities. They are the only members of a public service agency other than medical and fire services personnel who come to the rescue of the public round the clock throughout the year. However, instead of being applauded for their valour, sacrifice and services, they are being despised by the public. Like an individual in society, organisations are also judged by their inadequacies and not by their achievements. All the good work done by the police getsobliterated due to one basic mistake, the violation of human rights.

People in distress approach the police for assistance. They are fully aware of the legal and other constraints under which the police performs its duties and do not expect it to produce satisfactory results always. In a recent survey, respondents pointed out the discourteous behaviour and third-degree methods as the factors that alienate people from the police. Unsatisfactory service and corruption came as factors way back on the list.

The Police Act of 1861 assigns a very narrow role to the organisation : maintenance of order and prevention and detection of crime. This always brings the police into contact with the people in an adversarial and restraining role. Though not sanctioned by law, the police in India has been used since Independence extensively to protect the interests of the persons in authority. This "establishment protection" role debases the police organisation and the support of the ruling elite makes the police disregard public accountability.

In a civilised society, the way the police organisation functions truly reflects the values and norms of 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 conducive to the violation of human rights. While dissent is a democratic right and the expression of dissent in a non-violent manner a noble political method, the police has been used in this country to stifle dissent and settle scores with the political opposition.

The police organisation, which is meant to ensure stable conditions in society, is being used by politicians for destabilisation. Inter-dependence of the political authority and the police create a situation of quid pro quo where political masters are unable to question human rights violations by the police. If the police is to be insulated against violations of human rights, it is to be divested of the "establishment protection" role.

Contrary to the popular misconception, law and order do not go hand in hand and often work at cross-purposes. When threatened by terrorists and other elements, 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, the police often resorts to questionable means. Political violence is the result of discontent and disenchantment with the political processes by a section of the people. Since the causes are political, the cure lies in the political process. The police should be used only to fight the criminality inherent in political violence. Unfortunately, it is used to fight political ideologies. If the force is not utilised to solve political problems, this would go a long way towards minimising the violation of human rights by policemen.

Police violence often occurs while policemen are playing their role of fighters to eliminate crime. Our legislatures make laws at an alarming rate and entrust the task of enforcement to the police. Many of these laws, though noble in their aims, are not accepted by the public. As the police is required to enforce all the laws, this creates a situation of conflict with the public. Total law enforcement is a gigantic problem in a free society as it impinges on the basic freedoms of the citizens. In our country we seek to achieve social reforms through punitive measures enforced by the police instead of through persuasion and education. As the enforcement of the numerous pieces of social legislation takes away a large part of the resources of the police, when it comes to dealing with basic crimes - offences against persons and property - the police finds itself in a disadvantageous position. Bereft of the modern means of crime detection and devoid of public cooperation, utilising archaic judicial procedures and working with a sluggish and non-responsive judiciary, the police tends to attain quick results by using third-degree methods. Surveys reveal that the general public is also not averse to the police using violence against criminals. People are unable to make a distinction between a "suspect" and an "accused" person and a criminal. As generally people belonging to weaker sections of society are "suspects" in criminal cases, violation of their human rights by the police seldom attracts outside attention unless a death takes place in custody.

There are adequate constitutional, legal and organisational safeguards to enforce the observance of human rights by the police. Strict implementation of these safeguards are called for.

Policing is not a matter of law but of conscience. Society gets the police it wants. If we want a humane, civilised and service-oriented police organisation in India, we should take more interest in its functioning and should not leave it to the whims of politicians. The scant attention of politicians the recommendation of the National Police Commission is receiving is a standing testimony to their indifference to the problems faced by the police organisation.

Criticism of the police and punishing a few errant policemen for violation of human rights will not eliminate the problem. The basic causes are to be studied and remedial measures initiated. The public should take more active interest in the functioning of the police. After all the safety of people’s lives and their property depends on an efficient police organisation.