|
Open Forum
New
Delhi, 7 June 2018
Law Enforcement Crisis
GIFT OF STREET POLITICS
By
Dr S.Saraswathi
(Former Director, ICSSR, New Delhi)
“Who are you?” – the question posed by a
victim of police firing on anti-Sterlite protesters at Toothukudi in Tamil Nadu
to film superstar turned politician Rajinikanth has become a quotable quote
conveying the pent up feelings of protesters.
After visiting the victims of police firing, Rajinikanth,
the latest notable entrant to politics, is reported to have remarked in an
interaction with journalists that, “if there are going to be protests for every
issue, Tamil Nadu will turn into a graveyard”. He was of the view that anti-social
elements had infiltrated into the protests and created trouble and attacked the
police which provoked him to express that, “I will never accept policemen in
uniform being attacked”.
Thirteen people were killed and over 60
injured in police firing to disperse protesters demanding closure of the Sterlite
copper plant. UN Human Rights experts condemned the “disproportionate and
excessive use of lethal force” and called for an independent investigation to
ensure that those who violated human rights were brought to justice.
Rajini’s remarks immediately encountered varied
reactions from political leaders across the State. Barring the ruling AIADMK
party, all others condemned his comments. It is a clear case of politicisation
of mass action. The new political star expressed regret for his strong
reaction.
Comments of politicians that make headlines
are not the crucial issues. At the centre are pollution and land acquisitions that affect
the lives and livelihood of people around and more than that, the challenge to
the democratic order and official machinery from street level protests.
Escalation of people’s uprising for anything
and everything has created a deep crisis in law enforcement. It is, therefore,
necessary to identify the elements behind violence in each incident – be it concerned
people and their sympathisers, antagonistic political and other groups,
authorities responsible for maintaining law and order, the general public, or
external elements and professional trouble-makers bent on disturbing orderly
life.
The State government has ordered the shutdown
of the Sterlite copper smelter plant. The Madras High Court acting on a PIL
seeking registration of murder charge against the DGP and constitution of a
special investigation team directed the State government to explain the
circumstances that led to police firing on the 100th day of protest
at the site.
It is said that firing was done against the
standard practice. According to Police
Standing Orders, firing should be resorted only after using tear gas, water
jets and lathicharge if these fail. Bystanders were said to have fallen victims. If
such reports appearing in the media were true, there is reason to ponder over
protest politics and police intervention in the country.
Officials from CB-CID have begun
investigations and cases are being filed against hundreds of people. The Central
intelligence agencies and State internal security unit have formed a joint team
to keep surveillance on the protesters.
Right to protest is a democratic right and
cannot be denied. It follows from the right to assemble peaceably and without
arms granted under Article 19 of the Constitution. At the same time, the
government has the duty to maintain law and order and people have the right to
live in peace and carry on their normal activities. Problems arise when these
clash with one another.
At another level, country needs development
and resources, and also pollution-free environment – two opposites. Jobs have
to be created but not by destroying existing ones. Those involved in protests
directly and indirectly take a single position and are not inclined to consider
issues calmly from all angles. Opposition parties understand their role simply as
expressing opposition to the government day in and day out.
Members of the State Human Rights Commission
and National Human Rights Commission began their inquiry into the violence and
police firing. The Human Rights Protection Committee of the CPM has demanded
the dismissal of officers and police who ordered firing at protesters and registering
of murder cases against them.
Rumours are circulated that plain clothed
policemen and untrained persons did the firing; and on the other side that protesters
were not the affected local people but included anti-social elements bent on
creating law and order problem to discredit the State and Central governments.
In India, police accountability is not as
strong as in the UK or US. The government and the ruling party wield enormous
influence in the police. The exercise of police power has often come under
criticism for excessive political control. To be credible, the police has to be
reliable; to be effective, it must have independence; and to be responsible, it
has to follow standard practices without bias – all of these in reality as well
as in appearance. Above all, police must be people-friendly.
India, like other plural societies, has been
witnessing a spurt of protest movements in recent decades leading to a crisis
in law enforcement. Ethnic movements, demand for separate States, pro and anti
Reservation Policy, farmers’ plight have triggered movements – some localised
and some wider.
Most of the development projects in India –
construction of dams, mining projects, metro rail, power projects and so on –
do upset normal life in the surrounding areas. Growth with justice and people’s
welfare are in policy documents, but hard to realise in reality. There is rapid
escalation of confrontations between development requirements and welfare needs,
which at times leads to the use of repressive instruments available to the authorities
against the people.
Clash between environmental activists and
development authorities are common. Political party leaders are more active on
the streets than in legislative bodies. Crisis in law enforcement is a gift of
protest politics growing hour by hour.
Policing in a democratic society is difficult.
It involves the twin responsibility of protecting the rights of the people and
maintaining law and order. A primary principle is not to indulge in abuse or
misuse of police force. The exercise of police power should be balanced. The
police should be accountable to law and not become law unto itself.
Civil oversight bodies have come up in many
countries since the 1980s to ensure police accountability. They systematically review
police decisions in all complaint cases. There may be independent investigation
with police adjudication model or investigation by a civilian oversight body.
Protests have become common all across the
globe and are considered as a democratic right. In the UK, “protected sites”
are designated where no demonstrations can be held. In the US, “free speech
zones” or fenced areas are designated for protests which are far removed from
the event which is being opposed. Police Ombudsman has been created in Ireland.
In Canada, using weapons on crowds is unlawful and unjustified unless officials
feel that their lives or the lives of the general public are threatened.
Weapons can be used only against persons who pose a threat.
Enormous power and authority vested in the
police may lead to police excesses. Civilian oversight bodies as in many
western countries may become political party tools in India! Our only hope is law
courts which have to initiate police reforms also.--- INFA
(Copyright, India
News & Feature Alliance)
|
Archives 
