The Asian Human Rights Commission (AHRC) welcomes the move by the Indian government to draft a new Police Act, thus replacing the old act of 1861. The committee constituted for this purpose in September 2005 was given six months to produce a draft bill. The official term of the committee expired on January 31, 2006. However, the committee has yet to make public whether they have been successful in fulfilling their duty.
The committee was constituted as a result of the recognition of the government of India that policing in India today suffers from many defects: the polices poor attitude toward their job, resulting in a lack of cooperation from the public it is intended to serve; inadequate training in modern and scientific investigative procedures; an inability to meet the expectations for policing of a democratic society; insufficient concern for human rights, the rights of women and members of the weaker sections of society; and failure to respond to the challenges posed by insurgent activities within the country.
The only official agency to respond to the draft bill, which has now been made public through the Ministry of Home, is the National Police Commission (NPC) of India. However, the current draft is nothing more than an attempt to give the police wide-ranging powers and to bring policing in the country under a central command. Whatever else the committee was asked to examine, in addition to replacing the old law, has been conveniently avoided in this draft bill.
Whoever wishes to bring about change to policing in India must consider what a police officer means to an ordinary Indian today, for a police officer means the personification of cruelty, corruption and ineptitude. A police officer also means a person who enjoys impunity and is often referred to as a criminal in uniform. Police officers are found to promote organised crime, run criminal syndicates and even work as hired assassins. In short, the presence of a police officer today sends lightening bolts of fear into the minds of an ordinary Indian.
It is common for anyone in India to inquire about the rates, a euphemism for a bribe, of the police officer or those prevailing at the police station or outpost if a person needs to lodge a complaint. It is taken for granted that torturing people, no matter whether the person is a suspect, witness or an onlooker, is unquestionable in India and is often a matter of normal police procedure. It is also taken for granted that the local police primarily serve the representatives of political parties and other influential people. These are a few of the policing problems in India today, and the list is not all inclusive of the possible adjectives which could be attributed to the current state of policing in the country.
It is not through an overnight process that the image of the police has deteriorated to this extent. It is not exclusively due to the fault of the police officers either. In a country where there is no functioning law, which could effectively provide an impartial and effective redress of complaints against the police, and where the entire justice dispensation system, particularly the judiciary, takes 10 to 25 years to decide a case and where 70 percent of the population are poor, what else can one expect?
However, it does not mean that unless the above concerns regarding judicial delays and the snail pace of economic development, vis-à-vis the large population of the country, is addressed policing cannot improve. On the contrary, judicial delays and the snail pace of development are a direct result of failed policing. The first concern of the government of India, which prompted the government, among other things, to constitute the committeethe increasing instances of insurgent activitiesis also a direct result of a failed policing system. Organised crime and insurgent activities cannot exist without the connivance of the police.
The primary concern for anyone who honestly wishes to bring about change to policing in India must have a clear understanding of the above concerns of the Indian people. The key to implementing these changes is the creation of an impartial and effective procedure for the redress of grievances against the police.
Policing in any country is the vital connection between the rule of law and society. A law enforcement agency that does not expect respect from the populace of the country will not serve that society well. Indians lost confidence in their police long ago. In fact, there was never a time when the ordinary Indian was given an opportunity to trust policing in India.
Anyone who is serious in bringing positive change to the police in India must begin with creating an atmosphere where the people can trust their police. For this development to occur, an independent complaint mechanism is a must. This change must result in a total annihilation of torturous practices that are currently deep-rooted within the policing system: custodial torture must be made a crime in India.
India signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). However, thus far, it has resisted ratifying it. The enthusiasm the government has shown to change the existing law must be further reflected in the governments approach in introducing effective procedures to gain the confidence of the people in their police for which ratification of CAT and further domestic implementation of the convention is essential.
The government must also submit itself to the jurisdiction of the U.N. special procedure mechanisms, which could entertain complaints by ordinary citizens. Neighbouring countries, like Sri Lanka and Nepal, are better than the government of India in submitting to these mechanisms, and the government of India should learn from its neighbours regarding these issues.
