Criminal in Uniform

We are bound by law to be free, not to be subjugated. However in this nation of a billion plus people, where we empower a few to make laws for the country, those few themselves flagrantly violate laws with impunity. Wearing the garb of a public servant, they are busy feathering their own nests. Not to mention the police who are supposed to be the protectors of common public and custodian of law and order of the state become subservient to their political master. It stands to reason, why this unholy nexus between the politicians and police exists in the system: parochial interests, pecuniary gains and such other diabolical activities top their ‘list of duties!’ and not ‘Protecting and Serving’. One of the major reasons why this comlicit hand-in-glove relation between the politicians and police exists is because of the extant laws still prevalent in the system.

The Police Act 1861 remains the central piece of legislation that governs all aspects of policing in India. It is a British legacy which our ‘far sighted’ legislators find hard to cast off. Among other things IPC, CrPC, Indian Evidence Act 1872 etc also help in much of the policing function. The 1861 Police Act came into being immediately after the 1857 mutiny, solely to perpetuate and consolidate British rule and to check such civilian upsurge. However to start with Charles Napier, the then Governor of Punjab was the one who felt the need of a civilian policing system in 1843. Before setting up a police organization in his province he had two models in mind- London Policing System and Irish Constabulary Syestem.

London Policing System was based on the philosophy- Police is public, public is police. Whereas the latter was meant to exercise a coercive control and perpetuate exploitation.Irish Constabulary Policing system dovetailed with the Indian requirements. This system was later emulated in other provinces also but it gained a pan-India face only after the introduction of the umbrella Police Act of 1861.

The structural arrangement within the Irish system includes IG system and Commissionerate system which was introduced later. Commissionerate system was introduced to address a different set of problems existent in urban areas and to delegate a few executive and magisterial functions lying with the civil administration in IG system, vide Sec: 108-110, Sec: 129-148 of CrPC. Dual control was another characteristic of IG system, wherein a police officer works under the overall control of his senior in the police department and his counterpart in civil administration. The organization was  bottom heavy and tapered top in terms of workforce with very less or no power with the lower and intermediate functionary. Functional arrangement included inter alia daily diary system, search, seizure and arrest at discretion, FIR as non-mandatory and such other arrangements. A deliberate design of Thanas with grandeur and distancing of the top brass from the common mass were a few strategies to create fear psychosis among masses. These British legacies by and large were carried on in the police organization post independence. Procrastination on the part of government to let go of all these legacies speaks volume of the intent of the government.

Since the police organization still runs under the overall rubric of the 1861 Police Act, it carries certain characteristic to the disadvantage of the common public. Search, seizure and arrest at discretion, pomp and show, distancing and grandeur, authoritarianism, brutality, feudal attitude etc to list a few. It is noteworthy that according to Crime Record Bureau number of FIRs in Kerala is more than that in Uttar Pradesh. This suggests two facts. One, there is lack of awareness on the part of the common public. Two, unwillingness on the part of officials to register a case in order to show statistical success of their unit. DNA of corruption prevails in majority of the police functionaries. There is hardly any police official who show non-compliance to any ministerial fiat. Even if they dare to do so, they become the bete noire of the politician. Flouting all canons of moral and legal propriety they indulge in shameless sycophancy and shenanigans. There is another breed of pernicious corruption which although is said and done for larger public interest but is violative of law per se and sets a wrong precedent ie. Noble cause corruption. As Naini Palkiwala says- wrong thing in a right way is forbidden, right thing in a wrong way is unsolicited. There are other drawbacks which are existent in the system. The approach of the police is of fail to safe approach rather than safe to fail approach ie. being on the right side of law irrespective of any negative fallout. Police empowerment is another area which needs attention. Bad service conditions, overworked and underpaid lower functionary etc needs immediate attention. Taking a leaf from some of the successful police organizations viz Singapore, The Netherlands, New York Police departments may serve the purpose. Delegating and devolving more power to the lower, intermediate and field officials can also bring about agility and swiftness in operation. Training of the officials is largely pedagogic rather than being andregogic. Appraisal system is subjective and lacks scienticism. Introduction of latest technology in policing is also long due. Compstat, biometrix, GPS tracking, smartgun, visionic facelt system, e-policing etc can be handy tools. Personnel management, which at present works by rudimentry methods can be replaced by management by moving around approach, leading through mission and vision approach etc. There exists a mismatch between the modus operandi of police and the problems of 21^st century. Issues like human trafficking, organised crime, cyber crimes ,illegal drug cartel and such other crime syndicates are thriving because of the lax, unsystematised, infructuosus nature of police operation. The notorious Sandalwood plunderer, Veerappan remained at large for a long time and gave nightmares to different state police because of the lack of co-ordination between states. The Red Corridor from Pashupati to Tirupati, fomented by ultra leftist still stands unaddressed today because of the same reason stated above. Police start rearranging deck chairs only when the problem balloons to the point of explosion. Police reform is imperative to mitigate such gaps existing in the system.

Government in 1977 set up Shah commission to look into the police excesses committed during the 1975 epoch National Emergency. The JP government could not act on the recommendation because of its ouster in 1980. Dharamveera committee was also formed in this period to suggest reforms, but government could’nt act because of the same reason, notwithstanding the fact that it had certain very effective recommendations. In response to a PIL filed, Julio Rubeiro committee was formed. Government remained steadfast in bringing about any change. Amidst mounting pressure government again set up a committee, Padmanabhaiah committee under the then Home secretary. The recommendations of this committee also were put on the backburner. Supreme Court taking cognizance of government’s intent hardened its stand and did not mince word. In response, government pointed out that hitherto there were around 600 recommendations and government was finding hard to formulate a Bill. To gauge into and suggest relevant ideas from these 600 recommendations, government again set up a committee, Kamal Kumar committee. After the recommendations of this committee also government remained indifferent. In 2007 after some more scolding by the Supreme Court government set up a committee, Soli Sorabjee committee. This time Supreme Court asked the government to send its report within six months. This time around too, government stood upto everyone’s expectation by not taking any substantial decision. Finally, the Supreme Court setup a monitoring committee and outlined seven important attributes around which the government should bring out Police Reform as soon as possible. The present status is that government still has not taken any prudent step.

It brings wryness that after so much of spadework done by these committees and commissions they were only red herring. There is no gainsaying the fact that alacrity on the part of government to bring reform is commendable! The vortex of suffering of the common public by the hands of despotic police and capricious politicians will continue and The Police will keep carrying the tag of “Criminal in Uniform”.