Political Diary

New Delhi, 25 January 2014

Policewallah Goonda

WITH YOU, FOR YOU ….. NEVER!

By Poonam I Kaushish

Last week will be remembered as a gory week when the dirt hit the ceiling and blew the much-touted slogan: With you, for you, always. Video clips of three policemen heartlessly beating a man and taking his money, three women in a car rubbing substance in their hands, an African walking around naked, another showing condoms lying near a car.

Finally, of Delhi’s controversial Law Minister Somnath Bharti seen pleading with an ACP to take action against prostitution and drug trafficking in Khirki Extension who refuses as it a “protocol baat.” Topped by the Supreme Court pronouncing Delhi police guilty of excessive force against yoga guru Ramdev’s supporters in 2012. Underscoring an over powering stench of our decaying police culture ---“With you, for you.” Never!

Turn to any mohalla, district, city or State the story is tragically the same. Be it a minor offence or a major crime wherein brutality and bestiality have become synonymous with the police. Want to get rid of somebody? Call up the “Policewala Goonda.” From bride-burning to road rage, out-of-court “settlements”, fake encounters and torture deaths, it has trapped all with bullet-proof precision. Sending petrified shivers down one’s spine.

A case in point: A complainant goes to file an FIR. The SHO refuses to record the complaint if it pertains to the rich and powerful or demands money, threatens and shoos him away. A woman complainant is molested and raped, witnessed in various States specially notorious UP and Bihar.

If the FIR is against a corrupt policeman, God help. Who will investigate it? How will evidence be collected? As none of his tribesmen will do so given the general tendency to protect one’s own. Leaving the complainant with limited options: Highlight his plight in the media, write to a higher authority and hope to hell that somebody will pay heed.

What of our polity? All know what is happening and discuss it. Umpteen Police Commissions have been constituted and more than eight reports presented. Only to be dumped in the raddi and forgotten. Why? At the crux: Who should control the police?  The State Government or an independent body.  A Catch-22 question for our power-greedy polity to honestly answer and for us to stupidly expect.

Arguably, is the police more sinned against than sinning? Are the main culprits politicians? The truth is midway. Both work in tandem in furthering their own self-interest with the result the system becomes self-perpetuating. Where criminalization of politics has given way to politicization of crime and political criminals. Resulting in complete brutalization and dehumanisation of the polity and police.

Think. Sixty% of all arrests in the country under normal laws are unnecessary or baseless with unjustified police action accounting for 43.2% of the expenditure in jails.” Thus, over the years the police has become more powerful and less accountable resulting in the checks and balances a prerequisite of democracy being dumped.

Indeed shocking are the percentage of arrests in relation to bailable offences which are as high as 113%.  According to the Human Rights Commission, Sikkim topped, followed by Gujarat 99.75%, Andaman and Nicobar 95.8%, Haryana 94%, Assam 90%, Daman and Diu 89%, Madhya Pradesh 89%, Karnataka 84.8% and Kerala 71%.

More. Scandalous is the tenure of our khakiwallahs as Chief Ministers use transfers as a danda to get cops to do at their bidding. Those who refuse to follow orders are humiliated and given punishment postings. Consequently, in States like UP the average tenure of DSPs is an abominable three months. Punjab, too, has a poor track record. Notwithstanding States like Tamil Nadu, Gujarat and Kerala who are not bitten by the transfer bug and believe in a stable tenure for police officers.

It is pointless to argue that the State has withered away. Shockingly, the police still functions according to the Police Act of 1861. This provides it with a negative role, basically that of protecting the establishment. Notably, umpteenth number of Commissions have been set-up over the years, from the Dharma Vira Commission down Julio Riberio Committee, Soli Sorabjee Committee and the Padmanabiah panel.

All have zeroed in on the maladies of the 145-year-old Police Act of 1861 and drawn the same conclusions ---- stop political influence and change the mindset of the force, improve the public interface and image and prevent politicization, criminalization and corruption in the police.

Recommending that the supremacy of the Rule of Law should be clearly spelt out and the police guided by the Law having the legal option to disregard all instructions running contrary to that. Alongside, the administration and superintendence of the force should remain exclusively under professional police supervisors wherein it should be highlighted that the vardi exists for the service of the citizens.

In addition, over-centralisation should be replaced by complete decentralization and functional autonomy given to the police from the SHO level upwards and their goals and objectives set with the cooperation of the people.

A properly structured and representative body of local residents should be associated with setting priorities and goals. The standards prescribed for recruitment, training, emoluments for the police etc also need radical revision. The result: zilch.

Where then lies India’s salvation from this leech-infested politico-criminal-police nexus. It is imperative we get our priorities right.  With the aam aadmi hooting for answerability and accountability from its netagan, simultaneously there is need for a new-age policeman who is more professional, better motivated, equipped and trained with the latest in tactics and technology.

Clearly, the police will have to change radically in order to become people-friendly. The goal should be to reinforce the Rule of Law along-with the ethos shifting from enforcement to enablement. Law and Order should be divided into two separate departments. With a separate police force for each.

Besides, there should be a shift from quantity to quality of police leadership.  It is better to have half a dozen officers of the rank of a Sub-Inspector in a police station to prevent and detect crime than to have 25 semi-literate and ill-paid constables. Competent officers should be posted in difficult areas and given a stable tenure of at least 3 years to make a difference. In addition, they need to be provided improved weapons and greater mobility.

Our leaders had better pay heed before it is too late. A revolutionary change in the operational command of our police personnel is the need of the hour as merely mouthing platitudes and inane, obsolete and muddle-headed formulations will no longer work. The Central and State Governments need to think beyond the headlines. The bottom line is clear. When push comes to a shove there is no easy option.  Tough times call for tough action.

Remember, the strength of democracy and the quality of life enjoyed by citizens is largely determined by the ability of the police to discharge its duties honourably and independently. A time to ponder and introspect --- Kiska danda, kiski lathi aur kiski bhains?  ---- INFA

(Copyright, India News and Feature Alliance)