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Empowering Police: MAKING IT ‘SMART’!, By Dr.S.Saraswathi, 5 Aug, 2016 Print E-mail

Open Forum

New Delhi, 5 August 2016

Empowering Police

MAKING IT ‘SMART’!

By Dr.S.Saraswathi

(Former Director, ICSSR, New Delhi)

 

The Karnataka Legislative Assembly has passed the Karnataka Police (Amendment) Bill, 2016 which empowers the police to control and regulate the role of the staff and management of schools for ensuring the safety and security of children.

 

The Bill has come in the wake of increasing cases of child abuse in schools, specifically sexual harassment of girl students. The amendment, which gives entry to the police into the schools,   enlarges its powers and the scope for inter-action between the public law enforcement authorities and school management and administration.

 

Thereby, paving the way towards closer people-police inter-action in public interest. Moreover, the school management, hitherto beyond the sphere of police control, has lost its powers slightly with the corresponding increase in police powers in Karnataka.

 

Importantly, the Bill underscores the need for more powers for the police as “negligence on the part of the staff as well as school management is being revealed in almost all the cases so far reported”. 

 

Bluntly, the ground reality in many States seems to have broken people’s faith in school organizations to guarantee safety and security of their wards and brought in hope thanks to police intervention. 

 

Sadly, the situation has grown despite several cases booked by the police under the Protection of Children from Sexual Offences (POCSO) Act being in courts.

 

Notably, the Bill also provides for some organizational changes in the police with a view to improving the procedure for disposal of complaints.

 

Earlier, the Rajasthan Government had introduced some police reforms called the Rajasthan Model of people-friendly police.  The State’s Police Department collaborated with researchers in India and US to design and implement four types of interventions to improve police performance and its public perception. 

 

These comprised placing community public observers in police stations; stopping indiscriminate transfers of police staff; providing in-service training to upgrade skills and introducing weekly rotation with compulsory weekly holiday for police staff.

 

Undoubtedly, the police is one of the most important public authorities which still retaining most of its original characteristics as formulated by the British Raj. But, it is stubbornly resisting reforms despite changes in the form and substance of the Government and rulers.

 

Shockingly, India is governed by an over 150 years old Indian Police Act of 1861 enacted to serve the British Government.

 

Not just that.  Police reforms recommended by several committees and commissions since Independence have not been implemented. Reflected by the growth in crimes and lack of people’s faith in the police.

 

Significantly, India is not alone in this respect. In several developing countries, the police is plagued by problems of inefficiency, corruption and undesirable culture which obstructs performance and creates a negative image.

 

Recall, the Supreme Court in a landmark judgment in September 2006 ordered the setting up of three institutions in States with the object of improving police performance. One, a State Security Commission for insulating the police from extraneous influences.

 

Two, a Police Establishment Board to give it functional autonomy and last but not least, creation of a Police Complaints Authority to ensure its accountability.

 

However, a committee which reviewed compliance of the Apex Court orders reported that States were not eager to comply with the orders, instead were seen to even dilute its contents.

 

True, till date 26 States have established State Security Commissions, of which only 14 are functional. Consequently, how free the police is in actual functioning is anybody’s guess given the importance of police powers to State Governments.

 

Also, the Union Government was required to set up a National Security Commission for selection and placement of Central Police Organizations, upgrading the effectiveness of these forces and improving the service conditions of its personnel.

 

Notably, this background of the police set-up has to be kept in mind while embarking on police reforms wholesale or piecemeal for empowerment and for better performance.

 

Pertinently, Prime Minister Modi has enunciated the concept of “SMART police” in 2014. Addressing the Conference of Directors-General of Police in Guwahati, he had elaborated smartness as Sensitive, Mobile, Alert, Reliable, and Techno-savvy.

 

The objective? To transform the present “rulers’ police into people’s police” – a laudable ambition indeed! As it concerns not only powers and functions, but also the image of the police in public perception.

 

Clearly, the Karnataka Bill cannot in practice indicate a step to enhance police authority against the backdrop of the iron hold by all State Governments over the police which they jealously guard. Rather, it is a means to check the school management and prevent child abuse.

 

Alas, no State Government will agree to loosen its hold over the police and allow it autonomy. After all, the law enforcement force is the prime power of States. An example: When power changes from one Party to another, the first agency to face transfer of officials and changes in postings is the police.

 

Technically, the police is the authority vested with the responsibility to maintain law and order. As such, it has to be an independent non-political authority. Yet, the State police acts as an instrument of State Governments. A well entrenched arrangement which is unlikely to change in our country.

 

Indeed, the situation is diametrically opposite to that in Britain where people agree that the police should impartially apply the laws of the land rather than serve the executive branch.

 

The Royal Commission on Police recommended in 1962 that the Chief Constables should be given complete immunity from political influence in decisions to apply law in particular cases.  Thus, policemen therein are answerable to law and law alone.

 

But in India, even actions for traffic rules violation vary from person to person right on public roads. In dealing with serious offences like rape, it is a common grievance that the caste of the offenders is taken into account before launching police action. 

 

Further, political connections provide a strong safety cover for criminals. Scandalously, even registering complaints depends on influence and recommendations.

 

Worse, postings in police stations need the opinion of local Councillors/MLAs. And the police beat is not always scheduled and routine, but in many places according to the status of the residents.

 

True, there might be exceptions and there are many instances wherein the police has shown exemplary courage and speed in producing results.

 

But the image of the police stands tarnished because of a large number of cases of corruption, nepotism and political influence interfering with the rule of law, not to speak of police brutalities inside police stations and elsewhere.

 

Distressingly, there is no comprehensive police policy which defines the role of the force in clear terms and provides a neutral mechanism for operation. The Constitution places the police under the State List.

 

In sum, more than the police personnel the shortcomings and blame in policing is because of our system and organization.

 

Certainly, the police can be made SMART by modern equipments and training.  They must be trained to respect and obey law as the supreme authority and given independence in taking action in accordance with law and with less political interference. 

 

Otherwise, SMART police might become a better tool in the hands of political power holders and make them smarter in playing politics! ---- INFA

 

(Copyright, India News and Feature Alliance)

                                                                        

 

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