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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