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PUCL Bulletin,
November 2002
Reforming
the police
-- By Rajindar Sachar
It is a common perception that human tights violations will continue to
persist as long as there are no significant police reforms. But the Deputy
Prime Minister and Home Minister, L.K. Advani, proclaimed without embarrassment
at the seminar organised by a human rights organisation in New Delhi on
October 4 that his "Government had the political will to bring police
reforms but in a different perspective from that of human rights activists".
Advani rebuked the activists: "For you it is important from the point
of view of human rights. For me it is important from the point of governance."
Now this assumption of Advani that human rights are antithetical to governance
is a dangerous mindset in a society governed by rule of law, apart from
being legally and sociologically flawed. Failure to protect human rights
is the surest index of poor governance. One of the most urgent measures
to protect human rights is to effectuate police reforms. But Advani's
concept of police reforms would bode ill for human rights because he went
out of his way to warn that if the police were reformed from a human rights
perspective "then there is resistance from within". "The
tendency to put the police in the dock is not fair." This approach
of Advani is undemocratic. It is not that the people are prejudiced against
the police. It is unfortunate that Advani should think that good governance
demands a lukewarm response to human rights. If that view prevails it
would be a tragedy because good governance anywhere is judged by one universal
rule - how much is it able to promote human rights. But then Advani's
approach fits in with his divisive agenda, which requires total police
connivance like we are witnessing in Gujarat under Narendra Modi.
Terrorism has never been curbed by the state terrorism, (the latter is
never permissible both under out Constitution and international human
rights law) but only by public opinion turning against the senseless killings,
rapes, and extortion by the terrorists.
It is legally unacceptable for any state or official to assert that the
victims must suffer in silence human rights violations by state agencies
on the specious ground that it will demoralize the latter. On the contrary,
it must be emphasised that if we are to have real peace, there must be
double guarantee of no violations, either by the state agencies or by
terrorists.
In this connection the observations of Britain's Secretary for Northern
Ireland (in 1960) are worth recalling: "Our adherence to the rule
of law, in the face of the most atrocious provocation, sustains our civilisation
It is one of the terrorists' main objectives
to provoke the authorities
to measures that will be judged oppressive and cause us to lose the confidence
and support of the community at large
"
The inter-American Court of Human Rights has affirmed the obligation of
the state concerned to investigate, prosecute and punish crimes against
humanity. A consequence of that state obligation is the concomitant legitimate
expectation (if not a right) on the part of the victim to see justice
done.
In India, the public has faith in Governments of different political hues
as reforms have not been undertaken because that would means placing the
police outside the clutches of the politicians who will then not be able
to use them against opponents.
A history of various attempts at police reforms and the fate of the respective
commissions will show an inbred resistance among all Governments to embark
on real reforms. The Government of India appointed a National Police Commission
in 1977 to undertake a review of the entire system. The Commission remained
in existence till 1982 and submitted eight comprehensive reports to the
Government, containing recommendations covering almost all aspects of
police organisation and work. But such was the cloak of secrecy over them
that the Peoples Unions for Civil Liberties and others had to move the
Supreme Court for making the reports public, in the face of the stout
resistance from the then Government.
No real action was taken for the next decade and a half till Inderjit
Gupta as Union Home Minister in the United Front Government wrote to the
State Governments in 1997 expressing his sadness that they had so far
not even made any attempt to implement many of the basic and salutary
recommendations of the National Police Commission to bring about the required
changes in police performance and behaviour pattern. In the note accompanying
the letter, Gupta suggested that keeping in view the major aberrations
which have crept into the police system and its malfunctioning all over
the country, some important recommendations of the National Police Commission
need to be implemented urgently at the State level to check any further
deterioration in the policing system affecting the lives and liberties
of the citizens: (i) constitution of a statutory commission in each State
called the State Security Commission; (ii) laying down broad policy guidelines
and directions for the performance of preventive tasks and service-oriented
functions by the police.
The State Security Commission should have the Minister in charge of Police
as Chairman and six more members. Two of these should be from the State
Legislature (one from the ruling side and the other from the opposition)
and four should be appointed by the Chief Minister, subject to the approval
of the State legislature, from amongst retired High Court Judges, retired
senior Government officers and eminent social scientists or academicians.
The National Human Rights Commission (NHRC) had also called for reforms
as it felt that "an efficient, honest police force is the principal
bulwark of the nation against violations of human rights". And one
of measures for this purpose was to provide a statutory tenure of office
for the Chief of Police in the State.
Thereafter the Ribeiro Committee was constituted in May 1988. Nut its
recommendations remained in cold storage. Again we have the Padmanabhaiah
Panel constituted by Government in January 2000. But the same inertia
continues.
We have regular seminars in this regard. But somehow the basic point is
swept under the carpet - namely, the police reforms are an urgent necessity.
If the police are to act as a friend of the police and not an instrument
of oppression, they must be rescued from the clutches of politicians by
constituting security commissions in the State. But no Government wishes
to deny itself the power to use the police for political manipulations.
Tolstoy wrote of the hypocritical sympathy expressed by Russian landed
gentry for the serfs: "I sit on a moving back, chocking him and making
him carry me, and yet assure myself and others that I am very sorry for
him and wish to ease his lot by all possible means except by getting off
his back". The present rulers are worthy descendants of the Russian
aristocracy - let them at least now learn from what happened to the Tsar.
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