Policing the police

(Pallab Bhattacharyya is a former director-general of police, Special Branch and erstwhile Chairman, APSC. Views expressed by him is personal. He can be reached at pallab1959@hotmail.com)

''The police officer-in-charge (IC) at the Cherekapar Police Outpost of Sivasagar, Harvdev Singh has been closed to police reserve as action over his alleged misbehaviour with complainants, including a woman."

"Guwahati Police had taken immediate and stringent action against a traffic police personnel (Paltan Bazar PS) for assaulting and misbehaving a general public."

"An Assam cop suspended for beating a 13-year-old for stealing biscuits."

The above news hitting the headlines, in rapid succession, in the recent past demonstrates the malaise and the mental state which the overburdened police force is passing through and the need for systemic changes required for a better, disciplined and well-mannered police who despite having a negative image has become an essential part of the society. In other words "Those who hate will still call when they need."

The NHRC had reportedly written to Guwahati Police to take appropriate action against the police personnel involved in the assault of two-wheeler commuter Biki Prasad Gupta during a traffic stop at Paltanbazar PS area on March 18, referred above. In this regard, the observations exhibited in the Guwahati High Court Case No – W.P.(Crl.)/29/2021 deserve special mention. The relevant part of the judgement highlighted the following:

"…It may be pointed out that the investigating agency has a pivotal role in effectively protecting the personal liberty and security of every individual avoiding any arbitrary arrest or detention because the Constitution guarantees that no one shall be deprived of his liberty except on such grounds and by such procedures, as are established by law. The time has come to urgently repair and restore the faith of the people in the fairness and transparency of the investigating agencies of the State by adopting measures to appeal visibly to the people-friendly approach to the aggrieved parties to the criminal cases. Therefore, to remove any shadow of doubt in the mind of the public regarding transparency and fairness in investigation or crime, it is the primary duty of the state to see that the guidelines of the Hon'ble Supreme Court issued in a catena of decisions – are strictly followed during the investigation, but, it is often, unfortunately, noticed that those mandated guidelines are not punctually observed may be due to wanting of proper and manifested guidelines of the State and effective routine training on laws, general and special statutes and also lack of effective supervision on investigations. The time has also come to consider whether steps have been initiated to make the younger generation aware of the laws, the Indian Penal Code, the Protection of Children from Sexual Offences Act, Narcotic Drugs and Psychotropic Substances Act, The Consumer Protection Act etc., to make them good citizens in future by making them study as a subject at their tender age." (Emphasis by the author).

Furthermore, according to the Crime in India, 2020 report prepared by the National Crime Records Bureau, in 2020 a total of 2179 cases against police personnel were registered in Assam. This is the highest figure for any state and almost half of the 4720 cases registered across India against policemen that year.

It is clear that the case in Paltan Bazar PS against the traffic violator, who was later released by Court on police petition, was registered to safeguard police comrades and hurriedly the victim was arrested and forwarded so that justification of police action can be demonstrated if an enquiry is undertaken later on. A report titled "Police Reforms in India" conducted by Anviti Chaturvedi in June 2017 under the prominent think tank PRS Legislative Research highlights some interesting perspectives:

l Crime per lakh persons increased by 28% from 2005 to 2015

l State police forces have 24% vacancies

l Severe shortages in weaponry and vehicles

l Police account for about 3% of government spending

l 86% of the state police comprises constabulary. Constables are typically promoted once during their service and normally retire as head constables. This could weaken their incentive to perform well.

l Crimper lakh population has increased by 28% over the last decade (2005-2015). However, convictions have been low. In 2015, convictions were secured in 47% of the cases registered under the Indian Penal Code, 1860. The Law Commission has observed that one of the reasons behind this is the poor quality of investigations.

To address the above malaise if proper actions are not initiated in time we should be prepared for further deterioration of the situation. A holistic plan of action by the Government, police and society is the need of the hour. Some measures suggested below require constructive public deliberations:

(A) Reducing the pressure on police: There is no denying the fact that the adverse police behaviour is mainly because of the rise in police work overtime.

(i) Implementation of eight hourly shift duties. This may call for increasing the strength of police which is not feasible. Even in the Army moratorium on fresh recruitment is discernible. In advanced countries like the USA, a reduction in armed force strength has come to notice. This is done by giving preference to quality over quantity through a process of technology upgradation.

(ii) Speedy investigation through technology upgradation. This will reduce the pendency of cases.

(iii) Separation of Law and Order from Investigation, a mandate of the Prakash Sing case, is needed for quality and speedy investigation.

(iv)Enlisting the support of the community and as a corollary to this certain duty of police like service of summons, activation of neighbourhood scheme for watch and ward duties, empowering the Panchayat and Town Committees to take over some police activity as is done in some Western Countries etc., can be thought of.

(B) Seamless online integration of Police, Prosecution and Judiciary for speedy conviction which will repose the faith of the public in the Criminal Justice System.

(C) Mandatory Periodic training of police officers and men with the changing scenario of the society-an area neglected mainly because of the paucity of manpower.

(D) Making the assessment and promotion of all officers strictly based on objective performance criteria.

(E) Better and transparent manpower management of all officers and men to enforce salutary career growth.

(F) Shifting Police from State to Concurrent list given changing internal and external security scenarios like 4th Generation Warfare, unprecedented use of Social Media and its implication on law and order, cybersecurity, need for judicious use of Artificial Intelligence etc.

(G) Promoting Public Cooperation:

(i) Soft skill training of police officers and men to enhance mental strength to deal with law-and-order exigencies.

(ii) Assam Police is presently executing this based on a report from BPR&D.

(iii) Absolute transparency in policing functioning through Assam Police/District Police websites and incorporating features therein that may be of use to the public.

(H) As mentioned by the Hon'ble Gauhati High Court time has come to introduce, in school or college education, subjects on policing to make the younger generation aware of the laws more particularly, the Indian Penal Code, The Protection of Children from Sexual Offences Act, Narcotic Drugs and Psychotropic Substances Act, The Consumer Protection Act etc. to make them good citizens in future.

The famous quote from Sir Robert Peel, who is considered to be the father of the British Police, should be a grim reminder to the Police and the Society wherefrom it originates: "The police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence."