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BOOK REVIEWS
(POLICING THE POLICE)
Praveen Kumar is not only an upright police officer but also a poet and
a prolific writer.……..Policing the Police—an analytical Study of the
philosophy and field dynamics of the policing in practice highlight
various problem areas including defective selection and
recruitment,unsound training and unhealthy job culture and identifies
likely solutions for its redemption.
DECCAN HERALD
Praveen Kumar gives an insight into the Indian police set-up and
analyses the problems of the department, with interesting illustrations
from the field. Mr Kumar's book is a departure from the routine, where
he not only analyses the problems, but also suggests solutions.
THE ASIAN AGE
The author expresses concern over sycophants climbing the ladder and
reaching the top to hold the reins and guide the destiny of the police.
The result — a spiritless culture created by incompetent
leaders…….Policing the police involves self-policing. Through the book,
the author has made an honest effort to throw some light on the state of
affairs of Indian police.
THE TIMES OF INDIA
BHAVANA
(Poems In Kannada)
DIVYA BELAKU
(Poems In Kannada)
PORTRAITS OF PASSION
(Poems In English)
UNKNOWN HORIZONS
(Poems In English)
Books
articles
e) Alive (Focus)
f) IJCC
a) Interviewed
b) Presenting Poems
National Events
a) National Seminar
FOREWORD
Police police the people. Who police the police? How? The answer lies in
'Policing the Police'. As the author says in an article in thi work, "Policing the
police involves self-policing".This work delves deeply on this core aspect of
policing and lays bare the extant Indian Police setup, sheath by sheath, with
the precision of a master surgeon, only to rebuild it from the scratches with
the right essence of professionalism, commitment and zeal. It is an
abundantly readable magnum opus of the author and a valuable reference
for understanding the pathology and the epinosic dynamics with which the
present Indian Police suffer and
identifies likely solutions for its redemption. I am sure that this scholarly work
serves as a ready-reckoner for both polic professionals and common
readers.
This book stands out for the highest regard it holds for policing as
a profession and the paracute critique it makes of its practices in India. The
UPSC also comes under its critical gaze for its dull – witted performance.
ACKNOWLEDGEMENTS
Problem areas
Indian police can cover the achilles’ heel by carrying out a separate
detective cadre upto the rank of Inspectors with recruitment and
training processes more suo conforming to the needs of the detective
cadre. The cadre should be treated as a distinct entity for the purpose
of seniority and promotions. Inspectors from the detective and general
streams have to be absorbed to higher ranks on the basis of seniority
cum merit with a clear advantage of one or two years to the detective
cadre so that the best brains are illaqueated to the fold. Periodical
in-service training and tests in investigation skills have to be an
essential ingredient of the cadre management and conditional to gain
eligibility for promotion at every level. The demarche may revert Indian
police to its pristine gloria in the vital expanse of the crime
investigation.
The lever de rideau here is the issue why and who. It is easy to blame
unscrupulous politicians, the hors la lai, powerful and rich criminals,
the lure of money , the constraints of democracy, legal hurdles, fragile
system, fractured organisation, professional constraints, accrescently
complex and violent society, rise in crime rate, increasing work
pressure and hi-tech crimes. These factors represent the circumstances
in which Police is called to work on and show results. They constitute
the raison d’etre of the Police and do not constitute execuses for
inefficiency, nonperformance and failures. The challenge is to accept
the reality and show results. The burden is on those at the top-wrung of
the Police. It is their failures to adequately plan, organise, execute
and control that toppled the Indian Police of the democratic vintage
from its high pedastal. Their lack of foresight and vision, lack of
brilliance and foremost of all, the love of the UPSC of the mediocrity
and its certain degringolade from seventies as a responsible public
institution committed to merit and character, combined with the
unsavoury rat-race among officials to reach the top-wrung, and
consequent race to double-bend before the politcal bosses and the rich
and the powerful who count, tore the fabric of the Indian Police to
shreds after independence.
It is a rebours for the political bosses and the rich and the powerful
to turn blind eye to the willing devotion and race of the Police
top-brass to please and gratify. After-all, Gandhis and Buddhas are not
born everyday. They perforce take the advantage of the situation and
help their acolytes out of turn as a quid pro quo. The blame for this
sorry state of affair squarely lies on the Police and those who select
and recruit such less than sound character to the Police. The nexus
extends even to the rich and powerful and the hors la lai who count. How
the criminals as el patron can be policed by these weaklings and law and
order maintained?
Police leadership is meant to face the reality, assess it, plan with
foresight and vision and accordingly remould the system and the
organisation. It must set the lead by right job culture. It is here that
Police leadership failed. No political boss or executive head from
outside can do the job for him for the simple reason that policing is an
extremely specialised job and no outsider can have a keek to the
intricacies of the Police and policing job.
He was denied promotions with the connivance of the UPSC following the
meretricious career plan year after year till his junior colleagues
became senior to him by two ranks. He was posted to most humiliating
posts and harassed endlessly. However, the process got caught in a skein
as the infaust officer refused to come down from his immanent and really
superior qualities even after two decades of immanity and sufferings
while the bureaucracy refused to yield and give up its illegal and
unconstitutional stance until the officer condescends to the mediocre
levels. The refusal of the officer to approach judiciary against the ill
treatment for redressal and his resolve to depend solely on his talents
and character helped the establishment to persist with the preposterous
process. His morale remained high throughout non obstante serious
humiliations and endless grief. He sought refuge in other fields and won
nonpareil accolades from everybody by sheer talents. His tormentors
followed him there too. The head of the State Intelligence who himself a
small-time writer and published a few books in a regional language used
esoteric threats in 2000 on the publishers of the accurst officer to
discourage them from publishing his books. The publishers who already
had published half a score books of the officer returned two manuscripts
of the officer in sheer desperation expressing helplessness en face the
police interferences. The release of one of his books of academic
interests by the State Governor in 2000 was ensured stalled in the last
minute.
The annual assessment of men and officers in the police has become a
travesty of what it used to be or meant to be. In no way, under the
present circumstances, does an ACR reflect an officer’s qualities or
capabilities. It is believed that the department would be far better off
without this pernicious evaluation process that breeds corruption and
bias. What characterises the ACR today is a distinct lack of
objectivity; it has become a means to personal ends, a medium for the
advancement of individual interests and even settlement of personal
scores. Servility is its inevitable consequence and it would not be
immoderate to say that eliminating the ACR altogether would be certainly
a step forward.
All the present maladies emanate from the politicians who are only
concerned with winning the next elections. Until the organisation is
extricated from the grip of politicians, it cannot hope to rise above
the mediocre level, either in proficiency or in character. Such
mediocrity is wont to percolate downwards in a democratic setup.
It is India”s good fortune that its fabric of law and order has
withstood the effects of growing complexity of the Indian society for so
fragile is its policing. The fact that the police systems in a few
neighbouring countries of Asia and Africa are worse cannot be a solace
as the political, social and economical structures of those countries
have different backgrounds and value systems from ours. India is a
crucible wherein the dynamics and relevance of democracy in the third
world are being experimented with. The Indian police system must
necessarily meet the aspirations of democracy in fulfilling its
objective of maintaining internal order and security. This dimension has
added to the problems of policing in India. The Indian polity confronts
its police with ever greater challenges while giving it an increasingly
limited wherewithal to face them.
There is an impression that the Indian police is not what it was before
Independence. The pride, toughness and commitment to duty are no more
visible. On the contrary, the Indian police has become soft humble and
easy going. Pressure from all directions has deprived it of its
vitality. The police has become a widely abused organisation by the
virtue of its submission on the wishes of its masters under false
notions of discipline. It is the popular scapegoat for anything and
everything that goes wrong in the public life. In the circumstances, a
sense of insecurity has developed among the police men.
A serious malady affecting the tough and nonsense image of the police is
the interference of people of some standing in society at all levels. An
organisation, looking for a serious image, cannot afford this intrusion.
Policing must be insulated from public pressures except at the top to
which all policing affairs must be accountable. People handling policing
should be responsible only to law and their superiors in the department
and to none else. The regulation of policies in all details must be
controlled and guided by the top. On the other hand, the line authority
of the organisation must be all powerful to guide and regulate policing
and police administration.
The British were the forefathers of the unified Indian Police. It was a
force that met the needs of the time. In an age of rapid changes, the
opening up of new vistas and dimensions to life through inventions and
discoveries in science and technology, nothing remains constant. The
scope, design and objects of the Indian police underwent a metamorphosis
with the transfer of government to native hands. The process spawned a
phenomenon in which undemanding aspects of both the worlds survived to
create a new police culture. The distinguishing traits of the Indian
police of the British period such as objectivity, apoliticism,
commitment, discipline, quality and high standards were discarded.
Traditional Indian values such as a simplicity, charity, wisdom, mutual,
respect, and human qualities were given up too. The convenient factors
of the old and new worlds were chosen to create a new police culture
while demands on policing were at the crucial stage in the recent years
of independence.
The Indian police officers overnight rose to high positions made vacant
by the resignations of their senior British officers. The need for
creating a new work –relationship with native political leaders was an
opportunity to usher in a new police culture in free India. Soon the
police became a tool in the hands of the power-brokers of free India.
How can the police be objective, honest, apolitical, committed and
disciplined in such circumstances and how can it uphold the rule of law
and justice in line with its professional ethics in such a situation?
Crimes are crimes whether they are committed by the police or by the
public. What right has the police to inflict suffering on others, merely
on suspicion? After all, it is not the agency to pass judgement on
crimes. None placed the police beyond the scope of the Indian Penal
code. What justification can the police have to commit crimes to collect
evidences of other crimes? The sadistic and criminal tendencies of the
police are not more justifiable than those of the general public.
POWERFUL CONNECTIONS
HAND IN GLOVE
UNDERWORLD DYNAMICS
LUCRI CAUSA
More often than not, who is who in the underworld and who is behind what
is a public knowledge. The underworld operates on the knowledge that
mere knowledge does not constitute evidence in court of law. All cares
are taken to cover anything that constitutes valid evidence to crimes
committed. Cut-outs is the technique. Silence and secrecy is the method.
Heads of crime syndicates operate with remote control. Contract killers
are made use. Hi-tech communication systems come to them before it
reaches police. Dons guide operations from foreign countries inimical
and having no extradition treaty with the host country a la Dawood
Ibrahim holed up in Karachi with his many lieutenants operating from
Gulf and Far-East countries. An epinosic outcome of mafioso operating
from inimical foreign countries and joining hands with its governments
is the misuse of the former’s criminal networks for subversive
activities in the host country. The ISI of Pakistan used Dawood Ibrahim
in the serial bomb blasts of 1993 in Bombay. The don continues to be at
large. His various factions continue to operate in Bombay and other
cities of India sans souce. This is while their subversive activities
like the serial bomb blasts in Bombay resemble an undeclared war and
seriously sabotaged the security and peace of the country! The factions
continue to operate with great abandon in their traditional strongholds
like Bombay and spread to other major cities like Bangalore sans a trace
of remorse. Reason lies in the enormous money the underworld generates
and spends. It is public knowledge that top politicians of the country
from different political parties including a former central minister
were investigated and tried for harbouring associates of Dawood Ibrahim.
This is only iceberg. India has chief ministers having close links with
the underworld. Many rose to powerful positions with the money and
muscle of the underworld. Quid pro quo naturally follows. Underworld has
become a highly lucrative business in India.
GLAMOUR
Plush money and wealth make underworld a fastuous world. Members of the
underworld are seen in finest dresses, driving costliest cars,
frequenting best five star hotels and living in beautiful bungalows in
best localities of the town. Their ostentatious and comfortable
life-style, indulgences in sex and scandals, outrageous adventures etc.
tend to fool the hoi polloi to remanticise the underworld. The
underworld itself uses masterly propaganda to boost its image in the
public eyes. Series of popular films extolling the virtues and lives of
mafia dons as heroes being churned out from Bollywood is a common
knowledge. Indian filmworld in the taut prise of the easy funds from the
underworld help the latter to manipulate the filmworld to its advantage.
In the ensuing publicity blitz, guillible public forget that the
underworld is a pack of hors la loi indulging in antinational and
antisocial activities. The underworld knows the utility of the
sympathies of the public. It uses every trick in the book to win over an
own following.The Arun Gawli phenomenon in Bombay as an instant
political leader and the ascendancy of his Akhila Bharatiya Sena is an
extreme manifestation of such a process.
EXPANSION
DANGEROUS GROWTH
The All India Service were once called the Steel Frame that held India,
a country which consisted of diverse political systems, comprising
British Indian and many other big and small princely States, together.
If India is one today- though in truncated form-the efficiency of its
vintage. All India Services is as much responsible for this as the might
of the British Empire.
The credit for India having made impressive progress, both in the
domestic and international fields and having survived the uncertain,
initial years of democracy, under leaders who had no experience of
ruling a country of India’s size and diversity, also goes to the
original All India Services- to its traditions and efficiency, that
continued to survive for some years even after Independence.
The fall in standards of the All India Services, in the values of their
officers and in their efficiency and performance, is symbolic of the
fall India itself has experienced.
They took care of all their personal needs, provided them with many
opportunities for growth and surrounded them with a halo of exclusivity
by endowing them with high social status and providing them with
generous creature comforts.
A major cause for the disappearance of excellence from the All India
Services of independent India was the secret tendency of the new leaders
to look at the All India Services as their rivals in running the
country, rather than as the backbone of the State. A subtle fear of the
All India Services inherited from British India days accompanied by a
sense of awe that the services inspired because of the halo worn by its
predecessor, stirred the new leaders who made every effort to cut the
Civil Services to size and show them their proper place.
This brought the Services closer to the people of India in a way, while
stripping it of all its brilliance, excellence and efficiency to give
India a mediocre All India Services to handle its administration. And
the result of this is the present state of the country.
The poor state of the Civil Services attracted people of poor calibre.
This led to all kinds of evils including corruption, opportunism and
lack of moral strength to stand by one’s values and convictions.
This situation led to loss of face and subordinated the All India
Services to the ambitions of the political leadership. Its has been a
long journey from the bold and awe-inspiring All India Services that
existed at the dawn of Independence to the present meek and servile All
India Services without any backbone to stand erect and hold its head
high.
The reasons for the fall and the mechanism that brought about the
change, are not far to seek. Everything that made the All India Services
of the British days a powerful adminicle for the administration was just
swept away while its new avatar in independent India was brought into
existence.
The glory of the old All India Services was built on the 3 basic
strengths of faultless recruitment, perfect training and the maintenance
of the highest standards of professionalism and character t sustain it
throughout. These strengths held the Steel Frame of India together for
nearly a century. But independent India just failed to give these
factors the importance they deserved while constituting its version of
the All Indian Services.
The reasons for this deterioration in the Civil Services are many. The
first is the general lack of passion for quality and excellence in the
Indian psyche. The agency in charge of the process of such selections,
namely, the Union Public Service Commission, unlike in the British
period, is unfortunately increasingly being manned by people unequal to
the task either in terms of their professionalism, efficiency and
passion for brilliance or in their basic character itself.
The Indian Civil Service, which once produced giants like K.P.S. Menon,
now produces in its new avatar of the IAS and Allied Services only
pigmies without voice or strength of conviction. In this matter, they
are like those in the crippled institution of the union Public Service
Commission who select them. The Steel Frame of the IAS has nor become a
gilded plastic frame with its steel conscience crumbling into a plastic
conscience in the present uncertain political atmosphere. A Steel Frame
Civil Service would never have permitted such a degeneration.
Sturdy and sterling All Indian Services are indispensable for the
survival of democratic and united India. Whether it is a cadre of
generalists as the Indian Administrative Service is, or cadres of
specialists in the fields of judiciary, health care, engineering,
economics, foreign service, police etc the existence of All Indian
Services functions as the basis of governance of India and adds to the
emotional bonds binding the country together.
THE REMEDY
The first and foremost task in this regard is pruning the Civil Services
to a small brains trust of brilliance and commitment which will steer
the country in the right direction by giving competent advice on
statecraft and actually running the administration to political leaders.
INTELLECTUAL CALIBRE:
The training programmes for the services have to be made relevant today.
Matter taught has to be updated every year by experts and made changing
evento the brightest among the new recruits, unlike present training
programmes which are intellectually impoverished, irrelevant to the
times and which in no way help ensuring the right attitudes at the
higher levels.
Appropriate changes to this effect in Articles 316 and 317 of the Indian
Constitution are likely to plug the existing loopholes that allow too
much political interferences in the process of the selection of Members
and Chairman of the UPSC and thereby in its fair functioning.
Either the police do not have the professional resolve to bring the
illegal activities to halt or the offenders who indulge in them have the
police backing in running the business. In other words, the police are
hand in glove with them.
The need for police is limited to the need to have an obedient force at
the disposal of the rulers for use wherever they feel like. The
existence of such a force gives the common man a feeling of security.
The force also helps to absorb the blames heaped on the rulers while
things go wrong. While these cardinal goals are met by the mere
existence of the police, anything in addition, say professionalism,
integrity and honesty become achronisms. The general perception is that
an upright police force is always an inconvenience to the people and
therefore is not always tolerated and encouraged.
Corrupt police is the product of a corrupt society and corrupt police in
turn perpetuate corruption in society. This forms a vicious circle. As
corruption takes control and spreads to all strata of the force, upright
elements in the force become a minority and also forfeit the coveted
position in the organisation as inconvenient candidates. They are
scorned, detested and avoided as moles in the mainstream. Taking
recourse to unfair and illegal means to crush upright officers in also
not uncommon. Though courts of law can theoretically protect officers
against such harassment, expenses, time and uncertainties involved and
the history of court judgements render the protection meaningless and
force the upright officer to silently bear all humiliations and losses
or yield to the pressures. It is to the credit of Indian police that it
has great officers who have withstood all slights without yielding to
pressure.
The goldsmith died on the second night of torture. The official who has
worked as Circle Inspector in the town until a few months before, had
indulged in this activity without the knowledge of the senior police
officers of the town. The news of the lockup death, as such deaths are
popularly known, was published in local and other newspapers.
The wife of the goldsmith filed a complaint before the local court. The
District Superintendent of Police and the Range Deputy Inspector General
of Police, who had benefited from the flexible ways of the official when
he was the Circle Inspector, rose to the occasion to save their protégé.
They visited the town and entrusted the investigation to a Deputy
Superintendent of Police of neighbouring subdivision with oral orders to
certify the case as not proved. The Deputy Superintendent complied and
sent his repot to the court and that was the end of the case. A police
official who with the support of his community, got posted as the police
chief of a State in 1986, wanted to favour a fingerprint sub-Inspector,
who has been under suspension for long after being arrested in a
criminal case of community interests. He summoned the Superintendent of
Police in charge of the case and examined the file about the suspension.
The Superintendent of Police failed to understand that the action was an
indication that he was to end the Sub-Inspector’s punishment. Even of he
had understood, he could not have acted for, the Sub-Inspector had been
suspended by an officer of the rank of the Deputy Inspector General of
Police, Moreover the case was pending trial in a court. After a
fortnight, the police chief secured the Sub-Inspector’s release, but
nurtured a grudge against the young Superintendent. He manipulated the
records and made sure that the latter was not selected for the Indian
Police Service. The career of a bright officer suffered a severe
setback. Such cases of avenging non-cooperation are common these days.
The trend is adversely affecting the organisation by weakening its cause
for fairness, law and justice.
As the law requires that the place must first be proved to be a common
gambling house, the officer recorded in the station house diary the
names of all those who were gambling at the place and let them of with a
written warning that cases would be booked if they continued to gamble
there. The officer learnt too late that the gambling den was patronised
by the Superintendent of Police of the district and the Deputy Inspector
General of the range and the men were their friends. He was transferred
to a remote place, with the annual confidential report stating that the
public might revolt against the officer if he continued . The library
continues to be a gambling den. The DIG at the place of the new posting
of the officer wanted him to marry a girl from his circle. His parents
however, got him married to a girl of their choice. This antagonised the
DIG who, in his next annual confidential report, showed his junior as a
liability to the police department. Also he prevailed upon other
officers who wrote confidential reports to give adverse remarks. Most of
them obliged and the appeals of the junior officer were never allowed to
reach the government.
It is to his credit that the officer did not break down and continues in
service while his far less competent colleagues have overtaken him on
the career ladder. Denied selection to the all-India service, he later
appealed to the Chief Secretary not to consider him any more for the
service. He took this drastic step in utter contempt for the corrupt
department heads who sat above him and decided his career advances.
The annual assessment of men and officers in the police has become a
travesty of what it used to be or meant to be. In no way, under the
present circumstances, does an ACR reflect an officer’s qualities or
capabilities. It is believed that the department would be far better off
without this pernicious evaluation process that breeds corruption and
bias. What characterises the ACR today is a distinct lack of
objectivity; it has become a means to personal ends, a medium for the
advancement of individual interests and even settlement of personal
scores. Servility is its inevitable consequence and it would not be
immoderate to say that eliminating the ACR altogether would be certainly
a step forward. If policing is to be effective in the years ahead,
specialisation is crucial. I suggest three distinct police services with
separate recruitment and training: (1) Regulatory police or uniformed
police in charge of law and order and other regulatory duties; (2)
Mainstay police in charge of crime investigation and prevention and
security and intelligence operation; (3) Social police in charge of
prevention and investigation of all social offences and implementation
of social legislation. All three wings should have their own individual
organisations up to the district level with independent Superintendents
and staff as required, functioning in tandem in much the same way as the
Army, Navy and Air Force. At the apex could be a specially constituted
body called the State Police Authority with the chiefs of all three
wings as members and the Chief Secretary as chairman.
All the present maladies emanate from the politicians who are only
concerned with winning the next elections. Until the organisation is
extricated from the grip of politicians, it cannot hope to rise above
the mediocre level, either in proficiency or in character. Such
mediocrity is wont to percolate downwards in a democratic setup.
POLICE UNPROFESSIONAL
Policemen are executives of law and executors of the rule of law. As
professionals, their only interests are the laws of the country and its
enforcement at all costs including personal safety and self-interests.
This, however, is only an ideal situation. The job culture and peer
pressure play a major role in setting the standards in an organisation.
This situation is not quite happy regarding the Indian police now. The
reason is the general collapse of the professional instinct, caused by
the degeneration of values. Society gets the police it deserves. A
country of self-seekers naturally has a self-seeking police force and
the consequence is lawlessness. This is the malady India suffers from.
The symptoms are crime, disorder and insecurity that have kept the
country and its people in a stranglehold.
Such episodes shatter the trust of the public who cannot look upon the
police as the guardian of their rights and interests. Basically, lapses
lie more in the concepts than in individuals. The police as a collective
force operated to wreak vengeance on the newspaper for factual
reporting, though somewhat indiscreet. But going on a rampage, however
highly placed the officer in question could be, in nothing but, making a
mockery of professional objectives. The most disturbing aspect of the
present Indian police is the slow and steady process of replacement of
the passion for law, justice and fairness by a single-pointed indulgence
of self-seeking tendencies as the drive of the police system. Much more
disquieting is the attitude of the public about the development and
their complete dependence on the police as the protector of their legal
rights, provider of security ad dispenser of justice. What is actually
happening is a great betrayal. Indeed, the tool, namely the police, is
there to enforce law and provide security. But it has become the
handmaid of the rich and influential and serves the interests of the
people in that stratum of the population.
Law and order has become a tool in the hands of the politicians and the
policemen make themselves available for such games. In the process,
honest policemen suffer and the morale of the system receives a serious
setback. The result is lawlessness spawned by the absence of effective
policing and wrong models as the protectors of law.
Free India , in spite of its moral values and abiding faith in the
Gandhian philosophy of truth and honesty, found covert operations
indispensable for survival. Though attempts were scratchy in the
beginning India made significant breakthroughs in penetrating, moulding
and controlling the affairs of neighbours after setting up the Research
and Analysis Wing (RAW) to handle covert operations in foreign
countries. Its operations and performance in Bangladesh, Sri. Lanka and
Pakistan and to a somewhat lesser extent in Afghanistan, Nepal, Bhutan,
Burma and some of the Gulf countries are equal to the best in the world.
The first is the lack of commitment to the national cause and ideologies
such as integration, democracy, secularism, nonaligned movement and
mixed economy. Another reason is the moral atrophy experienced by the
police after independence leading to a setback in the professional
approach. Postings to the RAW with opportunities for foreign assignments
have become an obsession depriving the job of all its substance and
spirit.
LACK OF PERSPECTIVE
Security policy is the essence and unifying factor behind all the
policies of most developed as well as developing countries. Whether in
foreign, defence or economic policy, industry, trade and commerce,
science and technology or human resource development, the policies are
all oriented to national security. Most developed countries have
exclusive super agencies reporting directly to the head of government to
advise it on, oversee and mastermind national security policies and its
operations.
The U.S. has the National Security Agency (NSA) doing yeoman service as
the national security advisor to the President and enjoys more powers
than the CIA. Israel and Russia have efficient outfits at the political
level to formulate their national security interests. Most developed
countries have created their own systems to mastermind matters touching
national security with the power to override the decision of other
departments. India is yet to learn its lessons from these developments.
The excessive concern for national security has led to the creation of
parallel governments and power centres in some countries. There are
instances of black acts being committed against the legitimate policies
of countries in the garb of national security. Pakistan is an example of
a constitutionally-elected government living in the shadow of fear of
its secret police. The Inter-Services Intelligence )ISI) has indeed
taken upon itself the responsibilities of national security.
The VIP security has become a public farce with all kinds of people
demanding and obtaining security classifications depending on the money
and power they have. They get the cover of highly trained police
personnel as a mark of their prestige and social standing.
All matters concerned with national security are highly sensitive and
should be treated as such. It should not be degraded into a mean
exercise for the benefit of a few persons, however influential and
important they may be.
Each VIP visit to a region ends up with the entire law and order wing of
the police force drawn out for protection duties, throwing normal work
out of gear. With the VIPs busy trotting around the country, it has
become a serious threat to routine police work.
posted by praveen kumar at 2:59 AM
The intelligence unit is the most abused section and its chief is the
most willing loyal subservient policeman available to political masters
in most of the police forces of India. Intelligence officers have a
responsibility to their organisational objectives and they ought to be
loyal to it and work towards meeting the objectives. But, misplaced
loyalties overturn the scope of intelligence units everywhere in present
Indian police. Intelligence units as a consuetude are seen as the
political handmaid of the ruling parties and their leaders. The
usefulness of the intelligence units as political tools is so pronounced
in India that the units are ascensively brought under the direct control
of the chief executive of the government from its traditional field of
the Home Department and as a consectary, intelligence chiefs are
accrescently becoming the prime advisers of the chief executive head and
shoulder above even the chief secretaries in states and the cabinet
secretary in the centre. The out-of-turn importance is a quid pro quo to
the lengths to which these officers go and risk their personal and
career safety and honour in indulging in all types of illegalities to
oblige the political masters, lllegalities and unethical practices like
telephone tapping and shadowing political rivals of the ruling party
leaders are only minor prevarications these loyal police officers
indulge in to keep themselves on the right side of their political
masters. Assessment of political trends and suitability of various
candidates in different constituents during elections and reporting of
political and other activities of politicians within and outside and
ruling party are now wrongly seen as legitimate functions of
intelligence units in Indian police. The zeal of police officers to
prove personal loyalty to the ruling political party and its leaders
often lead them even further. Though the loyalty of these police
officers to their political masters foot the bill for any encomium, it
sadly goes against all professional tenets of any police organisation
worth the name. But this is inconsequential to these police officers.
Professional interests lose all significance to them vis a vis loyalty
to powerful per procurationem self-promotions. Where loyalty to right
ideals is a basic tenet of the policing, loyalty becomes a venal
commodity to these police officers. The intelligence chief of a
particular state who was a favourite of the chief minister of the state
and retained his position as the chief of the intelligence in additional
charge even after promotion and posting to a higher slot, led a huge
contingent of intelligent officer and camped in Delhi for several days
to help his political masters manoeuvre for the Prime Ministership
during the turbulent weeks of unstability after the general election of
1996. The tragedy of such a perverted loyalty is the devaluation of the
professional qualities of the policing apart from financial implications
of such operations and the block they create in legitimate government
works. This is a fine example of sacrificing public interests at the
altar of self-promotion of few individuals.
Political leaders make best use of this Achilles’ heel in the police
setup. How low police officials at higher ranks stoop to be in good
books of political masters can be seen in some states by the concours
among the two important pillers of the state police setup namely the
state intelligence chief and the Police Commissioner of the State
Headquarters in front of the state Chief Minister’s residence early
every morning to have the first private audience of the Chief Minister
to themselves. This was a laughing matter in official circles some years
back. Though the hard work of these high profile police officers to rise
everyday early in the morning to pay their obeisance and report to the
chief executive of the state and their sedulity to their work in hand
have to be respected and appreciated, the issue is cannot they discharge
these duties sans breaching the pride and dignity of their ranks and
posts and without so obviously expressing their sequacious tendencies?
After all, they have a responsibility towards keeping the pride and
dignity of their ranks and profession, if not of their individuality.
SALVAGING OPERATION
The situation can be salvaged by clearing the cobwebs from the entrails
of the Indian police. There is a catena of self-motivated officers in
key positions in the police who unknowingly brought about the
degringolade of the Indian police in the post-democratic era. They
corrupted the police atmosphere, set wrong precedences, encouraged
self-indulgence, pulled down its no-nonsense tough image and reduced it
to its present cadaverous existence. These elements should be side-lined
to absorb men of probity to refurbish and rebuild the police setup. Only
really capable impresarios can pull the Indian police out from its
present fix.
RELEVANCE OF CRUELTY
SADISTIC PLEASURE
The endless affairs with legal matters perhaps insensitise the police to
the problems of legality. This is evident in their hors la loi approach
to various issues. The police seem to think that end justifies the
means. The problems of malfeasance are common in the police. The mode of
approach of the police to man management proves this. No scruple is
shown in measures meant to bring a subordinate to knees or an accused to
confess to the offence, he had not committed. Third degree methods in
interrogations is a too familiar issue to discuss here. Though third
degree methods are universal in application in police investigations,
there are vital differences in their use in advanced and countries like
India. While utmost care and discreetness are employed in englightened
police forces of advanced countries in deciding whether a particular
individual has to be subjected to serve interrogations, where imminence
of the concerned person being an offender is a prime criterion and the
methods are used as the dernier ressort, Indian police like their
counterparts in backward countries adopt third degree methods in
investigation as their staple right over innocent citizens and fall to
it in the first available instant like wolves on their preys. It cannot
be gainsaid that there is a streak of sadistic pleasure in Indian
police. They think that third degree methods are de rigueur in crime
investigation. The sadistic pleasure finds expression in severity down
the hierarchical ladder at the cost of dignity and self- respect of
others down the ladder. It is a free-for-all field . Basic values like
mutual respect and courtesies are rare in Indian police. Ruthlessness
and cruelty are the ropes Indian police find commodious with. This
invidious stria is hardly the desirable attribute to which any decent
society wants to submit itself for any treatment.
LACK OF COMMITMENT
A ken of the extent to which the Indian social surgeons are committed to
their work and goals can be had from the fact that in a small department
headed by a Director General of Police, deputed from the police
department in a southern state of India, a criminal case of fraud and
forgery involving a huge amount was launched against some staff members
of the department in a police station after the misdeeds were unearthed
during an audit. The circumstances of the case normally warrant
departmental actions like suspension of the officials, departmental
enquiries and measures to recover the loss to follow the launching of
the criminal case. In this case, the department washed off its hands
after launching the criminal case as if it had nothing to do about the
fraud and forgery in its own organisation. No suspensions, no
departmental enquiries, no recovery processes. Even the criminal case
was just a front to save the skin of the people at the helm of the was
just a front to save the skin of the people at the helm of the
organisation. Advice from well-meaning officers in the department to the
DGP in 1996 to take the affairs to their logical ends by initiating
essential departmental actions as an apotropaic measure fell on dunny
ears. In addition, the police who were investigating the case were
surreptitiously advised by the DGP to go slow with the case till the
people involved in the case easily retire. This much about the zeal of
Indian police as social surgeons in tackling evils.
“Surgeon” is an abracadabra; the concept of social surgeon is pregnant
with highest ideals human mind can conceive. The application of this
concept to recognise the duties of the police is the highest honour the
society has invested the police with, and ipso facto lays sublime
responsibilities on the rough and tough little shoulders of the police.
Unfortunately, police suffer from alexia and fail to read the elevated
position in which they are held while recognised as social surgeons. It
is position in which they are held while recognised as social surgeons.
It is sad to see how the sacred responsibilities are not only frittered
away, but abused at will to the chagrin of the hoi polloi. The
consequence is that while the police is yet seen and called as social
surgeons foute de mieux, they are no more loved and respected as social
surgeons should be. On the other hand, they are misprised and distanced
for the apostasy, they suffer from their avowed path. Indeed the fear of
police is there because of the weapons and the muscle of power they
weild. In some parts of the country, even the rear is glidder after the
pelbeian has learnt the lesson that money can do any tricks with the
police. The cause of the degringolade certainly lies in the police
itself, in the type of people enter the service, their calibre, their
values and convictions and the professional atmosphere created by the
service. If the organisation and the people in it cannot rise to the
high levels expected of it and prove their raison d’etre, the reason
lies in its ephemeral self-interests ectogenous to the professional
values and ideals. Police as social surgeons perforce require
single-minded commitment to the cause of well-being of the society. It
is seld or never found in present Indian police. The society whose
well-being is the responsibility of the police, know it. The police know
it. The society is left to itself to mend its problems. Police work only
when there is gratification and while people with muscles of money and
power need help. This certainly is not characteristic of a social
surgeon, but of a social-wrecker. Sadly Indian police is becoming that
in oodles, the protector of and tool in the hands of rich and powerful.
The preposterous trend has to stop in the interests of the police as an
organisation and a profession, the society, the country and the
humanity. The key for this change lies in creation of right professional
ambience in the police system. The secret of creating right atmosphere
lies in right leadership and the burden of right leadership lies on
right convictions about the importance of police and policing as a
profession. The malaise of Indian police lies in lack of right
convictions about the importance of policing as a profession. The result
is that all types of wolves ab intra et ab extra falling on the system
to tear it from all sides and eating it. The wolves within are more
dangerous than outside. The ensure that no upright resistance breed ab
intra to the detriment of their esurient appetite and no professional
pride raises its head to topple their schemes of self-promotion The only
response of their greed is wrecking uprightness and professional pride
wherever they are traced. Such hawks in higher echelons of the
career-ladder succeeded in their schemes and the result is the Indian
police in its present wretched state. The salvation of Indian police
lies in breaking the vice prise of these arriviste and laying it in the
safe hands of the professionals steeped in the foundations of
professional pride and uprightness, to make the system acceptable to the
society as its protector and ‘ social surgeons’ true to the abracadabra.
The basic needs of police and policing are professional pride and a good
image. The police force capable of doing its duties are carrying out its
responsibilities with devotion and self- sacrifice. But it needs its
sacrifices and devotion to work to be appreciated. A good image entails
public cooperation and enhances the social recognition of the police
personnel. Pride and a high morale are necessary in manpower oriented
organisations like the police, particularly those which have to deal
with the public from a position of strength. Police personnel shamed and
humiliated in their career can never face the public and do good
policing.
ARROGANCE OF POWER
A CUSHY JOB
Most ills of the present Indian police emerge from the malaise of the
morbid handling of the police administration at different levels. Be is
in handling of the body and shape of the organisation and its functions
of managing the spirit and the soul of the force, the police
administration can play a major role either in building or marring the
prospects of raising a healthy police outfit for the country. As of
today, police administration failed the country and its police by
indifference on the one hand and crass handling of the organisation and
its affairs on the other. The only solution to this serious malady lies
in rebuilding the police administration with people of character,
integrity, devotion, efficiency, ability and above all, deep insight to
human nature and its problems.
The first and foremost job in this background is to free the police from
the unhealthy influence of politicians of all hues by making it
accountable to an independent authority with absolute power to take
decisions. The authority should be a professional body with men of
proven calibre and quality who have reached a stage where they need not
sacrifice their convictions to appease those in power. It shall be
directly responsible to the legislature and function as an independent
authority like the judiciary, the Comptroller and Auditor General or the
Election Commission.
The jobs should be made attractive with good salaries and satisfactory
working conditions that will give the resolve to resist the bait thrown
by the criminals. Social scientists say that bribery is inversely
proportional to the financial strength of a social group. Therefore,
better salaries and congenial working conditions will definitely make
the police less sensitive to these lures. It has to be ensured that the
right man comes to the right job and that honesty is rewarded. An
unbiased assessment of the work and character of the personnel will take
the organisation in the right direction.
Those who are empowered to assess subordinates and their work must be
made answerable to prevent misuse of this responsibility. The creation
of a high-power core group of people adept at assessing men and
character may help to create a feeling of confidence and security and
inspire the police personnel to discharge their duties fearlessly. This
group should be made ultimately responsible for all career decisions,
for the development of the police, work assessment, job analysis,
recruitment and management of human resources.
The organisation has become top-heavy. In States where there were only
two officers of the rank of Inspector General for say 40,000 men and
officers about ten years ago, there are now nearly 20 officers of and
above that rank for say, a force of 50,000. What are these people at the
top policing apart from being a drain on the state revenue and a
nuisance to officers down the ladder by issuing conflicting
instructions?
Honesty, integrity and hard work have yielded place to personal loyalty
and usefulness for personal work. Those who do not come up to the
expectations of personal loyalty fall out of favour and are eliminated
from the line of command. This is one of the main factors for the slow
degeneration of the police.
The general reluctance of the Indian police force to adopt new ideas and
the ungainly handling of modernisation projects have resulted in its
losing the race with organised crime and syndicates. Modern equipment
are bought, but the personnel are not trained to use them. Thus the
gadgets gather dust and break down.
No government with weak police system can survive, whatever its other
assets. The police should be extricated from the clutches of criminals
and politicians to make it a professional outfit with objectivity and
commitment to its task. There is no point in beginning the cleansing
operation from the side of the criminals or politicians. It has to begin
from the side of the police by insulating it from the vile influences of
criminal wealth and political power. Once this is done everything else
will fall into place.
POLICE MORALE ERODED BY POOR
ADMINISTRATION
The police is used as a tool to check the interference of the law.
The administrators wield power which breeds arrogance. They
do little to boost the morale of the personnel or motivate them.
The basic ingredients of good policing are professional pride and good
image. A good image boosts professional pride. Good image brings in its
wake public cooperation and enhances the social recognition of the
police personnel.
The police force is a tactical tool that can be of immense help to check
the interference of the law. The police are aware of this aspect. They
know that nothing works as fear does. They now that the advantages of a
policeman out-weigh the risks of breaking the spine by whatever means
and that policemen so reined-in can be made to perform any job even at
risks to his own life and honour. This is why the administrators spare
no effort and lose no opportunities to beat, terrify and bully policeman
of whatever rank, status, and enlightenment, even at the cost of
professional pride.
SCAPE GOAT
An upright officer of the rank of Additional Director General of Police
of a State and a scholar in diverse fields was known to refuse to bend
against his conscience and this fact made him unpopular among his
superiors. While he was the Chief of State prisons in 1995, he addressed
his government about the tragic security lapses in a major prison in the
State headquarters and sent proposals to improve the situation. No
action was initiated on the report by the government.
In the closing months of 1995, a mafia gangwar that ensued in the State
capital led to the murder of a gang leader by a prison inmate. The
Government ordered an enquiry by the Home Secretary. The latter who
found the ADGP a thorn in his flesh found a golden opportunity in the
enquiry. The officer was removed from his position and was not given an
alternative posting for atleast three months. If anybody was to be held
responsible for the lapses in the prison, it was the government for not
acting on the report of the ADGP.
In this case, not only did the ADGP become a scapegoat for the lapses of
the government, but also an easy target for police officers who found
his integrity inconvenient.
A police chief of a State between 1986 and 1990, who had obtained
several sites from the government through false claims in the names of
his wife and himself and a spacious house in a posh area of the State
capital refused to occupy the police house allotted to him and continued
to stay in his own bungalow for the first three years of his tenure till
the end of 1989. He shifted to the police house and took up the
renovation of his own bungalow just a few months prior to his
retirement.
Rules required that the full guard provided to his at his own bungalow
be shifted to the Police House.
SELECTION DENIED
The distinct culture and service conditions of the police, the stress
and strain of policing and the psychological factors throw up problems
unique to the organisation. This renders police administration a
specialised field to be handled by experts having insight into the
working conditions and the psychological pressures of policemen.
The extra-ordinary nature of the police setup and its working conditions
render the latter responsibility a sensitive field warranting
specialised study and application.
While they are accustomed to the interplay of ranks and status in the
rigid hierarchical order of the force, they should learn to treat all as
equals and exercise authority over people at the top level in society.
In short, the task of balancing these contradictions is the real
challenge for the police administration.
PRECEPTS OF POLICE ADMINISTRATION
The word ‘ administration’ originates from the Latin administrare and
administratum which would mean ‘ to serve’ or to be an aid to.
Administration in its pristine form denotes service or aidance though in
modern parlance it stands for management or governance of affairs. Non
obstante the metachrosis of the word, administration even in its modern
avatar is service and aidance in essence though from managerial level.
Administration even now is serving and aiding an objective or commitment
through suitable planning, organisation, supervision and control
mechanisms. It normally is a distinct field of activity while being a
part of the organisation en attendant and stands above the latter by
holding overall charge of the affairs. Administration manifests at
diverse levels with its lower strata rooted in higher levels of the
organisation. In government organisations, higher functions of
administration are invested in government at stratified levels while
lower functions are burdened on higher levels of the organisations. The
heads of the organisations join hands with the secretaries of the
departments and higher authorities in the government to run the
organisations. It is also in the police. While the police organisation
en semble is responsible for policing, the levers of police
administration at lower levels are handled by the police chief and his
staff while the home secretary in charge of police in tandem with higher
echelons of the government handles it at higher levels.
POLICE ADMINISTRATION
A SPECIALISED FIELD
A BALANCING ACT
FIELD SITUATION
The basic needs of police and policing are professional pride and a good
image. These are the breath of policing and oxygen for the lungs of the
police organisation. They refresh the organisation, its system and
personnel after back-breaking and dangerous policing above the
oppressive life-style in the police ambience. They infuse entrain to the
organisation, its system and the men to take on gauntlets in wait and
attend to with commitment and efficiency. Pride is the fuel of policing.
Good image is the air that sustains the fire or the zeal of the
policing. Who are not aggraced by appreciation? Police force is capable
of doing its duties and carrying out its responsibilities with devotion
and self-sacrifice; It only wants sacrifices and devotion to work
natural to it are appreciated. A good image boosts its professional
pride and adds to its sense of belonging. What else the society can pay
to the police for its self-sacrificing devotion to the well-being of the
society? The professional pride and the sense of belonging to an
organisation widely respected and appreciated by the public spur the
police to do better and better every time. The pride adds to its high
morale which is sine qua non for good policing and healthy discipline in
any police organisation. Good image entails public cooperation and
enhances the social recognition of the police personnel. True policing
is nonpossumus in the absence of the strength of pride about work while
discharging responsibilities to the society from a position of strength.
A weakened police organistion and its personnel put to aidos can do no
good policing . Pride is the root of morale. Commercial enterprises know
the fact and use the knowledge best to derive maximum out of their human
resources. Pride and high morale play decisive role in deciding the
quality and efficiency of work and discipline in the organisation. Its
importance naturally is very high in manpower oriented organisations
like the police, particularly those which have to deal with the public
from a position of strength. Police personnel shamed and humiliated in
their career can never face the public from strength and do good
policing. The tragedy lies in police administration. Its vanity
belittles the police, breaches its pride, shatters its self-image and
destroys its good public image by scrupleless and selfish interferences
in police affairs. Indian police administrators are too unenlightened to
realise this basic psychological imperative of good policing. The irony
lies in that, that they crassly indulge in exactly the opposite, that is
crushing the professional pride wherever it is traced raising its
majestic head in the police. Sadly to meet personal ends. Perhaps men in
no other government departments suffer humiliations for humiliations’s
sake as in police. This is true of all levels including the higher ranks
in police. Suspensions and disciplinary actions are a common phenomenon
in Indian police. When no grounds selon les regles are available for
disciplinary proceedings, resorting to unfair and indecent measures like
withdrawing vehicles, telephones and other facilities, denying
promotions, transfer to humiliating jobs created for meeting such
eventualities, keeping on prolonged compulsory waiting without a job etc
are the common scenario to face even by very senior level officers in
Indian police. These humiliations weaken their position before the
public as well as subordinates whom they are supposed to control and
guide with the strength of their leadership qualities. What leadership
one can have while he himself is wronged and humiliated from above for
no apparent reason? This is the atmosphere in which Indian police,
police the crime world. The consequence is a weak and confused police
force with low self-image, low morale, low motivation and servile
complexes sans confidence and public approbation.
ARROGANCE OF POWER
Most ills of present Indian police emerge from the malaise of the morbid
handling of the police administration at different levels. Be it in
handling of the body and shape of the organisation and its functions or
managing the spirit and the soul of the force, police administration can
play a major role either in building or marring the prospects of raising
a healthy police outfit for the country. As on today, police
administration failed the country and its police by indifference on one
hand and crass handling of the organisation and its affairs on the
other. The only solution on this serious malady lies in rebuilding
police administration with people of character, integrity devotion,
efficiency, ability and above all, deep insight to human nature and its
problems.
It was a hop and skip for the police from the plangent world of politics
to the mysterious world of crime and the underworld. The police became a
weapon of politicians to bring about the subjugation of the crime world
to prise their resources for the political ends. They thus made good use
of the decreasing strength of character of the police in forging a nexus
between the police and criminals in furtherance of their own telos. With
a week spine to hold itself and hapless in the face of odds, the police
is only too pleased to follow the footsteps of its political masters as
the cardinal principle of policing. In changed circumstances, discipline
and subordination which form the basic connecting link of the police
hierarchy, lost all their shades of meaning and are interpreted as dunny
and blind subservience to those who have power, seeking personal
interests. And politicians easily led the police to the despicable cul
de sac of the nexus with criminals, the very people whom both are
supposed to control and bring to book for antisocial activities. With
politicians as the custodians of power en arrier to the hilt to support,
the police plunged lock, stock and barrel into the lucrative crime
world; the consectaneous wealth and comforts were in no way less sweet
than the hard earned money of law–abiding society. This is how the nexus
between the police and crime world was established.
CRIMINALISATION OF POLITICS.
Whom should we blame for this hapless position? Certainly not the
politicians or their auxiliaries like criminals and police who are
unfortunate by-products of the grind. They are created by the situation
arising from a system which is misfit to the people to whom it was
devised. The blame lies either on the Indian people who are impair to
the democratic system evolved for them, because of their unenlightened
and venal consciences which is so dim-witted that virtues like honesty,
service, patriotism, quality and excellence can make no dent on is at
all, or it lies with the political system devised for them which failed
to take their psychological makeup into account and ipso facto led to
the problem of maladjustment in national life. Otherwise, how can we
explain criminals and goondas winning elections with impunity even while
rioting and murders were committed at their behest on the eve of
elections itself. The fact is that the chance of winning an election
often is pro rata to the aura of a tough image built around the
candidate. It is these people whom the Indian electorate prefer to
invest with powers to safeguard their interests. Obviously, the Indian
electorate lacks of foresight and vision to understand the consequences
of its irresponsible decision. It is yet too immature to take decisions
about the interests of the nation and see how national interests are
closely linked to its personal interests. It is yet to broaden its
perspective to include the life of the nation as an integral part of its
own. Long term and rational decisions are alien to its nature. Immediate
selfish interests and a parochial outlook continue to be the driving
force of all its actions and decisions, whether it be on the matters of
national importance or personal concern. In most parts of India, it is
money, arrack, sari, threat, fear of landlords or the blazoning
propaganda of a candidate that influence it to decide as to whom to vote
for. How can the avenir of this country be safe in the hands of such an
electorate and its elected leaders? How can an indifferent and
irresponsible electorate provide honest and efficient leadership to the
nation? This weakness of the electorate has ultimately left Indian
politics in the heath of violence and manipulative extortions, with the
instruments meant to protect them mowing the field. Saner elements in
politics, who found survival difficile, have left the field, giving way
to the elements which are more suited to what is required in the field.
It is how politics has become a pit of junk from a class of dedicated
and virtuous leaders. The credibility which is the pith of any political
life is the biggest casualty political institutions and the percentage
of the electorate that takes the trouble of going to polling booths to
cast votes is steadily decreasing from election to election, It is an
open secret that an election is an opening for a candidate to invest
money to reap wealth, comfort and power for the next five years. And how
he reaps the wealth, comfort and power again is not a mystery at all. It
is corruption and misuse of public money. If he is ambitious and intends
to promote his career interests, there is no way out in the existing
system but to resort to pulling strings and pursuing other more deadly
methods, often with the active collusion of the officious criminals and
police.
POLITICAL PATRONAGE
The unhealthy nexus often leads to and facilitates other forms of crime.
Cases of rioting assault, kidnap, rap and blackmail, involving the
supporters or relatives of politicians, criminals and police in
furtherance of a political cabal are other usual forms of crime that
result from the vicious nexus. Often, criminals and police are employed
to create disturbances or inspire sensational crimes in furtherance of
political goals. The losses of life and property involved in the wily
schemes seld touch the conscience of either the politicians, the
criminals or the police who are responsible for these dastardly acts.
The political patronage and the nexus with police desensitize criminals
to the process of law and justice; they are thus emboldened to commit
more daring and ruthless crimes that endanger the life and property of
the plebeians. The police, in its links with politicians on one hand and
with criminals on the other, is in its new avatar as the protector of
vested interests with no more commitment and passion for law and
justice. It has become a discredited force, a willing instrument of
power-brokers in a ruthless and violent cabal of power-games with no
heart for the common man and the common cause. This is the requital, the
Indian electorate gets for letting its political system putrefy by its
nonchalance and irresponsibility.
CHANGED ROLE:
With the increscent involution of the police with glidder politicians,
the conception of the police about its own role has undergone a
large-scale change. No more does it look at crime control and
maintenance of order as its first duty. With this, the concern for crime
control received a setback and crime control and investigation have
receded to the last priority except when politicians are interested in
them for a specific purpose. Only crimes that disturb politicians foment
police to galvanic and meaningful action. Other crimes receive no
priority . The very definition of the gravity of crime is adapted to
suit the new concept. Those crimes which are tolerated by politicians
are no more crimes. The self-image of the police as ‘ a fearless arbiter
of crime’ is changed to a solicious servant in attendance at the
pleasure of a politician-master. This blunting of the crime card of the
police has made it less awe-inspiring and less deserving of respect from
the criminals. The police has more and more realised that criminals,
particularly those from organised syndicates are personal friends of its
political masters and it is no match for the criminals in terms of
wealth, influence and social standing. The men of the police see those
criminals on equal footing with their political masters and learn to
treat them with awe. They find it absurd to act with authority against
the immarcescible criminals who are too high for the small stature of
the police. It is unfortunate that the police of the present days has
never realised its infinit stature as a law-enforcing agent vis a vis
all others including criminals and politicians whom it is empowered to
search, arrest and take to court if they deviate from their rightful
path. Sadly, the trifling wealth and the concomitant “big-man” image of
others appear to the present police as more appealing than its own awful
police authority.
POLITICISATION OF POLICE:
The extant system of selecting the police chief is erratic at best and
motivatedly amoral that meets the political ends of the rulers at worst.
A police chief in a state was taken to court with his wife after
retirement in 1990 February for defrauding the public and a spastic
society by sale of charity tickets in name of the spastic society and
pocketing huge amount of money. This is the standard of people who are
chosen by politicians to lead post independent Indian police.
A POLITICAL INSTRUMENT:
In an atmosphere where placements and transfers are decided by the needs
and wishes of self-seeking politicians, no police can efficiently
function nor can it be free from the vice prise of the politicians. It
is not surprising that power-esurient politicians more and more grab
powers that are legally and traditionally invested with the police
department when the top brass lack the strength of character and
conviction. This leads to a position wherein the police department
becomes a chessboard on which politicians move their pieces to checkmate
their adversaries and win the political game in their favour. In other
words, the police sans effective leadership is becoming more a handmaid
of politicians by moving away from its sacred role as the guardian of
law and justice and protector of the society and the common man. The
credit of bringing the police from its height of power to the present
level of absolute submission should go to the superior strength of
personality of wily politicians who bent the police on their own terms
with selective use of stick and carrot. This police is not the police
and what it does is not policing in the proud sense of the term.
CRIMINAL TENDENCIES:
A Deputy Inspector General of Police infamous for his epinosic and
corrupt activities in 1982 while holding charge of Eastern Range in
Davangere in Karnataka desired a young Deputy Superintendent of Police,
under him marry a girl from the family of a rich arrack contractor of
his range. The parents of the young officer fearing undue pressure got
their son married in desperation to a girl of their choice. This
antagonised the Deputy Inspector General. His next annual confidential
report of young officer showed the junior as a liability to the police
department and misfit as a subdivisional police officer. He also
prevailed year after year upon other officers who wrote confidential
reports of the young officer to incorpse similar or more deadly remarks.
Most of them obliged and this bright junior officer ended up with a
series of unsubstantiated adverse remarks repeated time and again in his
annual confidential reports. All his appeals were never allowed to reach
the government. It is to the credit of the young officer that he
remained unbroken and continues in police service while his far less
competent colleagues have superated him on the career ladder and the
young officer was successively denied important postings though there
was not a single thing in his career to justify such a treatment.
Undeterred by the unjust scorn heaped of him by refusing promotion in
preference to his less qualified and less competent juniors, he later
addressed the chief secretary of the state government not to consider
him any more for the promotion. He took this unprecedented autophagous
decision in utter contempt of the corrupt and immoral departmental heads
and government functionaries who crushed his career prospects.
CRIMINALISATION OF POLICE
Politicians, criminals and the police-the troika that is taking
the country towards total chaos and ruin.
Those who sand out in courage and toughness rise fast and reach the top
and today a very high percentage of Ministers in the Indian Government
are these people.
Though the nexus between criminals and the police is not a new
phenomenon, what was once an exception has now become the rule and what
was the rule once has become the exception. Today criminals on the one
hand overawe a weak police force with their connections with powerful
politicians and lure the police with easy money and comfort on the
other, thus tilting the balance to their advantage.
POLITICAL MISHANDLING
Though criminals play their political cards with adroitness, their real
aim is to lessen the pressures of the police on themselves.
If some are born criminals, some choose the path of crime consciously
and some others are constrained to follow it. While faulty financial and
social policies forged by short-sighted politicians are responsible for
forcing many helpless people to a life of crime, these same policies
often drive sensitive people to revolt and to embrace terrorism and
violence.
India has seen isolated political attempts in the past to save people
from the clutches of crime and to rehabilitate them. The famous Chambal
experiment initiated by the late Jaya Prakash Narayan had some success
in spite of the machinations of certain politicians in the area.
VICIOUS CIRCLE
SAD COMMENTARY
The police is the executioner and odd-job boy of the Government. This
image of the police is effectively made use of by politicians for all
conceivable personal and official purposes. While low-ranking police are
used as bodyguards, gunmen, messengers, watchmen etc, high-ranking
police officers are used for the same jobs at higher levels.
Many other jobs, on the other hand are known as punishment postings and
are largely detested. These jobs have no potential for illegal earnings.
It goes without saying that judging jobs on the basis of the challenge
or the opportunity for service that they provide is a thing of the past.
It is the crime world that decides the importance or otherwise of
different police jobs and in actual fact controls the type and calibre
of officers in each job.
Its members find themselves at the mercy of criminals whom they are
supposed to bring to book. The police is no longer confident that it is
mentally and organisationally equipped to do its job.
INCOMPETENT LEADERSHIP
The police is paid for its passiveness while stray troublemakers are
silenced. The Indian police is sane enough to quickly realise that its
interests lie in silence while entangling with the crime world may
invite a host of complications.
The responsibility for the present state of the Indian police rests
solely on its incompetent leadership rather than on anything else.
Unimaginative planning uninspiring guidance and lack of leadership and
conviction in the top police ranks has led to utter chaos. Dangerously
ineffective recruitment policies, poor training programmes, misuse of
the facilities of confidential assessment of subordinates and the
degeneration of control and supervision machinery have resulted.
The present Indian police force is utterly unmotivated and police jobs
are considered only as devices that provide rank, power, social status,
sundry comforts and a pension. How can the people of India depend upon
this sort of police force for security, protection and law and order?.
It is a fact that Indian public life is a vast field of criminal
activities and politicians and police, though the custodians and
protectors of Indian public life, from part of the crime world. However,
knowledge of the involvement of politicians and police in this nasty
world stirs the public conscience for the reason that they are supposed
to be the people on whom the public relies to save them.
The only telos of the nexus is gain by synergy, which brings confidence
and courage to the troika in its nefarious activities, thereby inducing
it to more daring and innovative criminal activities.
Society easily accepts the example of the wealthy and powerful for
making an easy buck to lead comfortable lives in the world where life is
becoming increasingly difficult because of the spurt in black money,
caused by proliferation of crime.
Easy money and easy wealth have a tendency to inflate. Criminals tend to
spend lavishly. This ends up in a spurt in prices of land, buildings and
essential commodities, while honest men have to toil hard for an extra
quarter.
Crime begets money, and money begets more money, and more money gets
power, comfort and everything. In the crush, the honest man is lost
forever. The ocean of criminal wealth around him, which is beyond even
his wildest dreams, frustrates him and ravages his sense of morality and
righteousness.
It turns him violently against all human values and decency, leading him
to a world of crime and violence. It is what we have seen in Punjab,
Kashmir, Assam, in faraway Sri Lanka or even in Naxalism, where it is
disguised as political ideology.
It is an irony that politicians and the police, who create the demons,
fall to the bullets of the grievously hurt, self-righteous, once
innocent people. It is said that even the dacoits in Chambal are
symptomatic of this social and economic malady.
Not that every politician and very policeman can come out to achieve
this noble task, but there certainly are noble elements yet surviving as
exceptions among them, who should take up cudgels in favour of the
Indian polity and sacrifice their lives and careers, if necessary, to
make the renaissance of Indian police and Indian public life possible.
The question yet to be posed is: Will the inveterate vested interests
let these sacrifices bear fruit? Let us hope for the best.
UNIVERSALITY OF CRIME
A word about the effect of the nasty nexus between politics, crime and
police on the national economy. Unity gives strength. It is true about
the nasty nexus also. The only telos of the nexus is gain by synergy,
the synergy which brings confidence and courage to the troika in its
nefarious activities, thereby inducing it to more daring and innovative
criminal activities. This results in proliferation of crime, a part from
affecting the quality of crime by opening up new avenues for operation.
As the ultimate end of all crimes in illegal gain and the incidence of
crime is directly related to increase in black money in the national
economy, the proliferation of crime invariable results in inflation and
the weakening of the national economy.
POLITICISATION OF CRIME
The overworld is just the tip of the real, raw world. There are more
things hidden in this world than that are seen. This is soon realised by
opportunist Indian politicians who seize the first available instance to
enlist the support of criminals and underground operators for their
nefarious designs. This is turn is a god-sent benison for criminals to
restore their lost credibility and social standing with the help of
their association with the custodians of power, apart from the security
and protection from the police that ensues from the association. They
promptly grab the opportunity to their advantage and show how useful
they can be to politicians in their career-promotion designs and
wreaking of personal vendettas. The experience and professionalism of
criminals is handy to politicians to execute their hasty operations
without attracting the stigma attached to them.
The vast army of criminals has become a ready resource to them for use
whenever need arises. This has given a sense of confidence and security
to politicians, who are otherwise vulnerable in their highly uncertain,
challenging and competitive environment. Often politicians have so much
relied on criminals that the latter have become their most trusted
lieutenants even getting elected to legislature with their help and
blessings. There have been instances in India, where prominent
politicians have refused to disown their notorious criminal friends in
public even after reaching the vertex of their political career. This
shows the sway held by criminals over politicians in the Indian
situation. It is a fact that no syndicate of organised crime in small
and big cities anywhere in the world can survive even for a day without
political patronage. Ergo, all syndicates of organised crime and their
menace are the direct outcome of the internchant nexus between
politicians and criminals, indeed with the police as bystanders.
SOCIAL POLARISATION
It is the national character of the CBI that makes it stand head and
shoulders above the myriad crime investigation departments. But does
the CBI, in its present form, fully qualify to be a premier
investigating authority? The answer is, no. A statutory panel comprising
(retired) members of the judiciary may help restore the dignity of the
institution.
The last decade of this century sees the Central Bureau of Investigation
(CBI) becoming the Indian version of the U.S. Federal Bureau of
Intelligence(FBI) headed by J.Edgar Hoover in the middle of the century
With one difference.
The FBI became a key component and much feared public institution,
thanks to the open aggressive moves of its energetic Director, while the
CBI gained notoriety as a pawn in the political game of chess used to
bring rivals down on their knees. The trend altered the judiciary which
became active.
The CBI, closely watched by the judiciary, had to discharge its
professional responsibilities and this saw many skeletons in the
cupboard tumbling. The organisation, in the process, shed its meekness
against powerful politicians and proved it was a force to reckon with.
The seventh Schedule of the Constitution has the police and public
order, except for the deployment and use of forces of the Union, under
the State List, and criminal law, criminal procedure, administration of
justice and judicial proceedings under the Concurrent List.
The last section of the Act states the special police force cannot
exercise its powers in an area without the consent of the Government of
that State. The special police force enjoys all the powers, duties
privileges and the liabilities of the police officers of an area in the
investigation of the offences committed there.
The superintendence of the special police force lies with the Central
Government and the administration with an officer whose grade is on par
with State police chief.
The preamble of the Act speaks about the need for the constitution of “
a special police force in Delhi for the investigation of certain
offences in the Union Territories and to make provision for the
superintendence and administration of the said force and for the
extension to other areas of the powers and jurisdiction of the members
of the said force in regard to the investigation of the said offences”.
It is the national character of the CBI that makes it stand head and
shoulders above the myriad crime investigation department. Its prime
position as the investigator of all important and sensitive crimes has
brought it to the centre-stage in the public life of India.
The CBI should be empowered to extend its tentacles to all areas of the
country and investigate all types of offences classified crime. The Act
has to be amended to that effect.
The Act provides for the appointment of the head of the CBI by the
Central Government, which involves politicians. Now, why should the head
of the premier investigating agency be named according to the whims and
fancies of the politicians in power? The power of appointing the head of
the CBI should be taken away from the Centre. The agency will then have
its credibility restored. Again, the Act has to be amended.
Once a case is referred to the CBI, the people assume that the law will
take its course. Only insiders know the turns and twists it undergoes
depending upon who is what in the case and in the Government
The grateful chief knows to whom he owes his coveted position, and his
power and conscience are at the convenience of his political boss. This
is an arrangement of mutual benefit.
When the new chief dares to challenge the will of his political patron,
the sword of abrupt removal from the post is held over his head. Now he
has no option but to go against his conscience and professional will
unless he is prepared to sacrifice his job. By quitting, he does service
to nobody: after all, there are others waiting to distort professional
decisions at the command of the politicians. So he would rather join the
race. This is how the agency chief is brought down on his knees.
The malaise lies in the legal framework inherited from the Act the
provided for constituting the special police force. When a series of
sensitive cases against prominent political leaders was referred to the
CIB in the Nineties, the agency stood exposed by its meddling.
The case of the Bofors gun deal drags on; the handling of the St.Kitts
forgery case, the Jain hawala case, the urea scam, the JNN bribery case,
the Lakhubhai pathak cheating case, the Indian Bank scam, the
telecommunications scandal, the anti-Sikh riots case of 1984 and the
case of harbouring terrorists and mafia associates has dealt a blow to
the credibility of the CBI. The public no more trusts the CBI.
What exactly has brought about the situation? Delay, sometimes running
into years, in taking up or completing investigation of politically
inconvenient cases, prompt execution when the political climate is
congenial, decision to oppose or allow bails on political
considerations, building up cases around flimsy evidence such as entries
in diaries and inconsequential photographs sans corroboration have all
eroded the status of the CBI.
The charge that the CBI is more interested in trying the cases in the
media than in courts cannot be answered squarely.
If the appointment of the CBI chief is one side of the coin, the
enormous powers he and his political masters enjoy is the other.
Professional investigation by an upright officer can always be scuttled
and the officer abruptly removed if he is found too inconvenient.
Reverting officials to the base is always a possibility.
Mr.K.N.Singh, former Joint Director of the CBI, in his book, “My CBI
Days” refers to the harassment he underwent for pursuing investigation
according to his conscience. Mr.K.Madhavan, another Joint Director,
preferred voluntary retirement.
The solution lies in liberating the CBI from the grip of the politicians
and bringing its top brass to their senses about professional
responsibilities. Making the CBI autonomous is not going to achieve
anything.
There is no guarantee that the CBI chiefs who make merry in the company
of their political benefactors will behave better when left free.
Chances are that they may run parallel political manoeuvres to build a
base for theselves.The Supreme Court pronounced on May 5, 1997, that it
was not in favour of making the prime investigating agency totally
autonomous, but would like to evolve a method based on checks and
balances so that it could function independently in accordance with the
law.
The crux of the matter is “ a method based on checks and balances”. The
key is the appointment of the chief of the agency.
The panel may advise the agency on taking up cases, arrests, searches,
seizures bail and chargesheets. The advice has to be statutorily binding
on the process of the investigation. The panel has to be free to monitor
the process and the pace of the investigation.
The panel may consist of a dozen senior most retired judges of the
Supreme Court as permanent members, one of them as chairman and the CBI
chief as member-secretary. The membership of the panel must be awarded
to the senior retied judges including chief justices.
Easy money and easy wealth have a tendency to inflate. Criminals tend to
spend lavishly. This ends up in a spurt in prices of land, building and
essential commodities while honest men have to toil hard for an extra
quarter. Crime begets money and money begets more money and more money
gets power, comfort and everything. In the crush, honest man is lost
forever. The ocean of criminal wealth around him which is beyond even
his wildest dreams frustrates him and ravages his sense of morality and
righteousness. It turns him violently against all human values and
decency, leading him to a world of crime and violence. It is what we saw
in Punjab, Kashmir, Assam, in far away Srilanka or even in Naxalism
where it is hidden in the guise of political ideology. It is an irony
that politicians and the police, who create the demons, eat their own
pies by falling to the bullets of the grievously hurt, self-righteous,
once innocent people. It is said that even the dacoits in Chambal are
symptomatic of this social and economic malady.
CONSCIENTIOUS POLICING:
A case of dowry death reported against a retired high court judge and
his family in February 1992 was referred to the state investigation
agency for investigation. The investigation made out a case for
chargesheet against the retired judge and five other persons including
his wife, son, two daughters and another person The chief of the
investigating agency in the rank of IGP being egregiously corrupt and
close to the retired judge, dragged his feet from further proceedings in
the case. The Superintendent of Police who was supervising the
investigation of the case wanted to take the investagation to its
logical end. But, arrests in the case were prevented and chargesheet was
unduly delayed from above. The insistence of the Superintendent of
Police, to chargesheet the case as the logical step of the investigation
process cost him his post and he was transferred in July 1992 to the
State Home Guards as the head of its training wing. The case remained
frozen sans chargesheet for more than 1 ½ years sinsyne till the IGP was
transferred out of the organisation in 1993. The case was later
chargesheeted in March 1994 with the retired judge and his two daughters
dropped from the chargesheet on the basis of the evidences tampered at
later stages. The dropped names were later included in the chargesheet
on the orders of the judge trying the case. The IGP who tried to stall
the wheel of the legal process subsequently succeeded in gaining entry
to a sensitive police organisation like the CBI and held the job till
1997.
PROFESSIONAL OBJECTIVITY:
CHANGING VALUES:
The basic lures of corruption in Indian context are money and power. As
government service even at higher rungs lost charm in terms of monetary
comforts and prestige and power, it attracted only the second bests or
the lesser from the crème de la crème of the country's youth, who in
turn were left in lurches in the service to mend themselves. This
started a mad rush to the res gestae of pelf and power at the cost of
professional dignity and integrity. The situation led to corruption and
brought shifts in the concepts of diligence and professional loyalty and
rearranged the service objectives with priority to filling the coffers
of money and power. Organisational objectives were completely lost sight
of. Shifts in diligence helped to build money-power while shifts in
loyalties moulded proximity to power-brokers in efforts to maximise
individual behoofs after throwing professional ideals to dogs. The
degeneration spread in leaps and buonds with the passage of time as the
organisational commitments became demode and pragmatism taught that
immediate personal interests are the center of leading a good life. This
was the beginning of corruption of Indian police in a big way.
STRUCTUAL CHANGES:
The first and foremost job to do to bring back the police on rails is to
extricate the police from the unhealthy influence of all hues by making
it responsible to an independent Authority with absolute powers to take
decisions on matters of policing and police organisation. The Authority
should be a professional body of men and women of proven probity and
competence, who reached a stage from where they need not sacrifice their
convictions to appease those in power as members. A working arrangement
is to be devised by which the Authority becomes responsible directly to
the legislature and functions independently a la the judiciary, the
Central Vigilance Commission, the Comptroller and Auditor General or the
Chief Election Commissioner.
Police is not an odd -job boy of the government. It is not the hand-maid
of politicians in or out of power. Police is an organisaion of
professionals committed to the safety, security and well-being of the
country. Justice and rule of law are the litmus tests available to
achieve the ends. Once police miss the bus of justice and the rule of
law, their goals of safety, security and well-being of the public remain
a distant dream. They lose the credibility and respect of the public, so
essential for effective and proficient policing. The fear that the
police inspire can not take it far in the absence of credibility,
respect and sympathy of the public. Once the police lose their
usefulness in political and power gameplans consequent to losing public
credibility, their political patrons will discard them like used
condoms. The best bet for the police is to be professional and committed
to their responsibilities towards the administration of justice. Police
would forget this need only at their own peril. Doing anything violative
of its raison d'etre like sabotaging the course of justice and the rule
of law in the cauldron of corruption will prove fatal to the relevance
of the police to the society.
How deeply the police is self-centred even within its own organisation
and what care and concern the police leaders show to evolve a perficient
and planned police organisation can be assessed by the trend of
evolution of the police organisation as an increscently top heavy setup
and the speed with which promotions are effected at different levels. In
states where there were only two officers of the rank of Inspector
General of Police, for say forty thousand men and officers about 20
years back, there are now nearly 30 officers of and above the rank of
Inspector General of Police, for say 80,000 men and officers; thereby
the last 20 years account for 100% expansion in the lower levels against
1500% expansion at higher levels. What these people at the top do for
policing apart from being a drain on the state revenue and a strain to
officers down the levels with conflicting instructions of dubious merit?
Almost nothing. It is unfortunate that none in the police administration
realises that it is not the rank but the real human stuff inside that
decides the height, excellence, merit, intelligence, honesty, integrity
responsibility, work knowledge and human qualities of a person.
Promotion to higher rank serves no purpose unless the higher rank
provides a really higher challenges and job content and a suitable man
is perforce selected to meet the increased challenges. This is not the
case in present police promotions where sinecures are created to
facilitate promotions to satisfy in-group instincts, Most of these jobs
are without any job content and responsibility and often are places to
relax from the pressures of family life. However, the same courtesy does
not extend to the more unfortunate ranks at lower levels including the
constabulary. While vacancies at the topmost level are filled up by
promotions strictly overnight, promotions at intermediary levels are
effected in weeks or fortnights or months, depending on the rank in the
police hierarchy. It is years in the case of the constabulary. There are
cases where vacancies of Head Constables and Assistant Sub-Inspectors or
Sub-Inspectors are not filled up for several years, depriving the
constabulary of their de jure promotions. There are any number of
instances of men in the constabulary retiring without promotion non
obstante their eligibility and seniority for the existing vacancies,
which are not filled up from many years. Policing is a job performed
mostly at lower levels with decreasing involvement upto the level of
Superintendent of Police. Beyond that, it is tout court a supervisory
task and in a police force with no supervision to speak of, higher ranks
are just de trop. Any move to expand these ranks and any undue haste to
promote to these levels cannot be called honest decisions in the
functional or public interest. Unfortunately, the Indian police is doing
just that and there is none to put it back on the right track.
DYNAMICS OF CORRUPTION:
The first and foremost job to be done is to free the police from the
unhealthy influence of all hues by making it responsible to an
independent authority with absolute power to take decisions on matters
pertaining to policing and police organisation. The authority should be
a professional body with men of proven probity and quality as members,
who have reached a stage from where they need not sacrifice their
convictions to appease those in power. A working arrangement is to be
devised by which the authority is responsible directly to the
legislature and functions as an independent authority like the
judiciary, Comptroller and Auditor General or Election Commissioner.
Creation of a high core group of people who are adept in assessing men
and character within the aforesaid police authority may help to create a
feeling of confidence and job security and prod them into discharging
their official duties fearlessly. This group which oversees the work of
police personnel from a distance should be made ultimately responsible
for all career decisions. The responsibilities of officers in assessing
the work of their subordinates which forms the major embarrassment of
the present Indian police must be limited to giving their opinion about
performance to the core group; the expert core group processes the
opinion by its own research, expertise and discretion and takes
responsible decisions on its own. The group must be made responsible for
development planning of the police, work assessment, job analysis,
recruitment and management of human resources, Institution of such a
core group to oversee the career development of police personnel without
personal bias may bring revolutionary changes by committing the police
to its work-ethics and professional ends with due single mindedness.
The extant system of selecting the police chief is erratic at best and
motivatedly amoral in that it meets political ends of the rulers at
worst. A conspicuous example is from a southern state of India where a
police officer who was sidelined in his career as an inefficient person
and degenerate habitual drunkard was given a fresh leash of lefe in
career a I’improviste and posted as the chief of the state police in
July 1980, after being promoted as the first Director General of Police
of the state to meet the political and personal ends of the new Chief
Minister of the state in new dispensation that came to power in the
state in elections. Soon, the state found itself engulfed in law and
order problems, rise in incident of crimes, indiscipline and discontent
in the state police force and dangerous union activities by the police
personnel. The new police Chief who was arranged to retire as IGP of the
State Vigilance Commission before being awarded the coveted post of the
state police chief was known to attend office in inebriated condition
and while away time in offence, doing nothing, However, political needs
overshadow all such facts in selection to the posts of Police Chief.
This is a dangerous trend. Attempts of the Supreme Court of India in its
recent order to formulate a system for the selection of the chiefs of
important police forces of the country like the CBI is a welcome measure
at least in its intent and must spur steps to formulate procedures of
the selection of all key police posts to insulate the process from
amoral and very dangerous extraneous considerations. This is a must in
the interests of the country.
Reasons are many for these barriers. Police forces work under different
governments and ministries headed by politicians of their own political
and ideological agenda. State and UT police forces follow the agenda of
their respective governments. Among the central police agencies, CBI
reports to the ministry of personnel, intelligence agencies to cabinet
secretariat and most of the other agencies to the home ministry. Egos of
the heads of these governments and ministries come to play in the style
of functioning of the police forces. Added to this is the bloated egos
of the heads and chiefs down below the line of these organisations.
Together, they prove a deadly combination against creating a mosaic of
police environment in the country. Each piece works on its own in
artificial isolation from the other. This is the tragedy of Indian
police.
Good fences make good neighbours. But, this is not true of organisations
forming the splinters of gestalt dedicated to common goal like policing.
Cooperation, coordination and synergy for concerned efforts are the
needs here. Symbiosis, not fences makes sense here. Organisational goal
is the raison d’etre and has to be reached by all means and resources.
Every failed opportunity lost to do better signifies a failure. Every
failed opportunity to interact with a potential source is an opportunity
lost to do better. Every wasted mutual relationship signifies a failed
opportunity to interact. Every missed beneficial contact is a wasted
mutual relationship. Such beneficial contacts being infinite among
police organisations, moving towards the same goal of security and rule
of law, the dimension of the lost opportunities to do better can only be
imagined. This is what is happening in Indian police: police forces
failing to pool together their immense potentialities by each going its
separate way. And each looking shilpit and weak sans mutual support in
the process.
Border meetings are rare. More than that, often they are meaningless
exercises conducted for the purpose of record. Joint operations by
neighbouring police units are rare to the extent of being unheard of.
Resentment to take advantage of the specialised units like crime branch,
special branch, training units etc is also evident. The only exception
is the services of the armed police in states and the paramilitary
forces at the centre. The reason is that the utility of these forces in
controlling unruly mobs overshadows the problems of ego-clashes and
recognition.
Mutual indifference is just one side of the problem and simpler in that.
The other, more complicated face of the problem is inter-organisational
rivalry and attempts to sabotage the works of each other. This manifests
in two forms: One, as a self-surviving, instrument and the other, as a
result of jealously and one-upmanship. Police in a region collude with
law-breakers of the region wherein the law-breakers restrain from
creating problems in the region in exchange for trouble-free life from
the local police. The criminals are allowed free to operate anywhere
outside the jurisdiction of the local police. The arrangements can other
passive or active. In a passive collaboration, police, do not actively
assit the law-breakers in their nefarious activities outside. Just that
the police knowingly shut eyes to the existence of the criminals in
exchange for the latter refraining from stirring water at their ponds.
Criminals in exchange for the latter refraining from stirring water at
their ponds. Criminals use the places for retreat and rest. They serve
as hiding places for the criminals. Criminals need such places of
retreat and rest to fall back after their activities outside. Bangalore
serves as such a retreat for most terrorist groups including Naxalites,
LTTE,ULFA,Kashmir separatist and radical Akali cadres. The terrorists
avoid striking anywhere in Karnataka and unnecessarily stirring the
police there. In return, Karnataka in general and Bangalore in
particular is used by them as a retreat for hiding, rest, medical care
and strategic meetings. Sivarasan, Subha and their associates hid in and
around Bangalore after assassinating Rajiv Gandhi. Naxalites are often
noticed taking medical treatment at various private clinics in
Bangalore. So also other terrorist groups. Local police avoid acting
against them unless compulsions dictate otherwise, so that dogs in
slumber are allowed to continue to sleep.
Nature created women different from men with a definite purpose. Balance
is stillness and stagnation; imbalance is motion and progress. Nature
designed life and action by means of the imbalance brought about in the
traits of men and women. In the process, women find themselves at the
receiving end. They ended up as the weaker half of society by their very
nature and are naturally handicapped in a world of men, by men, for men.
In a world where strength commands charity and weakness receives
cruelty, a woman is at a great disadvantage. She has suffered all types
of cruelty and humiliation all along centuries with patience and in
silence. This part of woman is symbolised in tradition by calling her as
the Mother Earth who bears all sufferings. The cardinal principle of the
survival of the fittest applies to the weak, natural attributes of woman
which renders her less fit for survival than man. She must live at his
mercy and on his charity, silently bearing all his atrocities unless and
until society in an enlightened mood comes to her rescue.
The immane approach of the stronger world to its weaker counterparts has
to be countered with strong arm methods of the state power. In an
enlightened age such as this people in public life are sufficiently
sensitized to this issue and more and more legislation come up to stop
stronger people from riding over the weak and meek. India too has
several legislations that have become Acts to protect its women folk.
Dowry death cases have become sensational topical issues these days with
the public being highly sensitised to the menace of the offences with
the unfortunate swelchie of cruel practices and circumstances deliver an
innocent girl at death’s door. All institutions of society including the
government, press, women’s organisations, judiciary and police handle
dowry death cases on a special footing. Each such case outrages the
patience of thinking people and rouses passion and outcry against the
perpetrators of the offence. The police too give special importance to
the investigation of these cases and closely supervises the
investigation process. In the circumstances, an insight into the
investigation of dowry death cases and proper understanding of the
spectrum of challenges posed and how they are met is in the interests of
both the public and investigating officers. It must be borne in mind
that no investigation can succeed without public cooperation. And the
public, particularly people aggrieved by such unfortunate incidents, can
contribute to the progress of investigation of they have knowledge of
its due process. With this in view, salient features and parameters of
dowry death investigation are outlined in this work.
Investigation of dowry death cases has special links with the science of
forensic medicine because of the special nature of the investigation.
Dowry deaths are figuratively called bedroom deaths. In most cases, no
outsider including the investigating officer can have any knowledge
about the circumstances and events that led to the death. Secondly, the
offencers being the custodians of the dead body and the scene for many
hours after the death till they volunteer to make its occurrence known,
have all the time in the world to eliminate or tamper with any clues. In
the circumstances, the investigating officer is completely at the mercy
of medical experts to interpret the cause of death.
These offences take place within the family circle. Sometimes, though
blood relatives of the deceased volunteer evidence in the heat of
trauma, a gradual reconciliation would be the normal tendency.
Therefore, sound evidence is rarely forthcoming and difficult to
sustain. Dowry death being an offshoot of the relationship of wife and
husband and veiled in a shroud of secrecy, even the parents of the
deceased may be unaware of the hardships the deceased underwent at the
hands of her husband and his relatives in the process of the dowry
death.
The dowry death cases are offences primarily under central Acts namely
the Dowry Prohibition Act, 1961 with its amendments of 1984 and 1986 and
certain sections of the Criminal Procedure code, 1973 as amended by
Criminal Law ( 2nd Amendment) Act, 1983. In spite of attempts during
amendments to avoid ambiguities in some sections of the earlier Acts, it
is patent that there are still several louche terms that need
interpretation by the court. The term ‘ in connection with the marriage’
while defining dowry in section 2 of the Dowry Prohibition Act is
unspecific about the flexibility of the word ‘ connection’ and gives way
for its subjective interpretations as well as that of the term dowry. ‘
The same word ‘ connection’ brings in a similar impression while
defining ‘ dowry death’ in Section 304B of the Indian Penal Code and
Section 113B of the Indian Evidence Act while declaring ‘ in connection
with demand of dowry’ ipso facto rendering the incatenation between the
offence of dowry death and dowry’ demand uncertain and open for
discussion. In the same sections, the phrase ‘ soon before her death’
raises the question, how soon before? Similarly, the words ‘ relative of
her husband’ that figure in Section 498A of the Criminal Procedure Code,
Section 304B of the Indian Penal Code and Section 113A of the Indian
Evidence Act in no way provide exactly what is intended to be defined;
the scope of the words there is too vast and includes even the blood
relatives of the deceased as they are also relatives of the husband
after the marriage. Another important term that defies full
comprehension is ‘ likely to drive’ in Section 498A of the Indian Penal
Code, where the word ‘like’ by its very meaning is indefinitive and open
for subjective interpretation. The scope for divergent interpretations
of these terms in the comparatively new acts do create problems during
investigation of the cases until convention assigns them definite
meanings.
Law by sections 113 (A) and 113(B) of the Indian Evidence Act relieves
the investigation of cases of death of girls within seven years of their
marriage from the special nature of difficulties by the reason of the
crime being committed in the intimate circle of the offenders. The law
provides that the court trying the case may presume that the accused
persons committed the offence if it is proved that the victim was
subjected to cruelty by the accused persons inter alia. The presumptions
made easy the investigation of these otherwise impossible cases.
While the presumptions under section 113(B) of the Indian Evidence Act
is applicable to prove dowry death cases u/s 304 (B) IPC, section 113
(A) is applicable to prove abetment to commit suicide u/s 306 IPC within
seven years of the marriage. The latter presumption benefits
investigation of cases while a girl commits suicide under harassment for
reason other than dowry also by her husband or in-laws within seven
years of the marriage while the benefit is available for cases of
suicide under the same circumstances and homicide for dowry reasons
under the same circumstances. This renders investigation of cases of
homicide of girls by husband and in-laws within seven years of marriage
which poses the same difficulties as suicide cases under the same
circumstances an impossible task and there are any number of such
homicide cases that were acquitted which would have been convicted by
the benefit of the presumptions u/s 113(A) of the Indian Evidence Act if
they were suicide cases. Amendment of concerned laws may be necessary to
avoid this loophole in law.
Investigation of any economic crime cannot be fair and square unless the
investigation covers all aspects of the crime. Localised investigation
leads to unfair and partial justice. The aspect is popularly forgotten
in the investigation of scams and scandals in Indian environment.
Localised investigation limited to the main front-man of the fraud is a
simple job that can be completed in a short duration to everybody’s
satisfaction including the clever criminals and the guillible public
with only a paid front-man sacrificed in requital to the gain of
hundreds or thousands of crores of rupees. Such unfair investigation
suffers justice and financial discipline and encourage financial
institutions to connive in such frauds. The crux of the investigation of
economic crimes in tracing the end-users of the fraud and reaching the
persons responsible for planning and organising them. Rarely these
investigations in Indian environment reach the depth, nor touch the
government agencies and its key officers who willingly contributed to
the fraud for gain by commissions and omissions. It is a grave Achilles’
heel of the investigation of economic crimes in India.
The situation is like one-way traffic wherein the police have a say on
every aspect of the life of the people while the latter hardly know
anything about the department. This has given the police the unique
advantage of dictating what should be what, where and how in policing
and the police organisation. This could be a boon if the right man sits
at the top. But, sycophants climb the ladder and reach the top to hold
the reins and guide the destiny of the police. The result is the Indian
police has got what it deserves-a spiritless culture created by
incompetent leaders.
How these powers are exercised depends on the work ethics of the
organisation. It is those in an organisation who build up its job-
culture and vice versa. Even a degenerate character turns honest and
efficient in an honest and efficient environment. The work-culture
builds and moulds the vitality to meet the general atmosphere around.
Also, an honest and efficient person in a degenerate culture is bound to
change sooner or later, unless his individual strength conquers the
vitiating work-culture of the organisation. Building up a proper
job-culture is, therefore, the bedrock of a proficient police
organisation.
The point is not that the principle of equality should defy ground
realities, but policing must have a reasonable set of standards within
which the more important and the less important aspects must operate. It
will not be so in India until people who place their personal interests
beyond everything, including law, justice, fairness, objectivity,
righteousness, career pride and professional interests, hold the reins
at the highest levels of the department.
b. The passionate approach wherein the police break all rules and laws
that come in the way to make their task a success. They may even commit crimes in
the process.
The Indian police oscillate between these two disparate approaches,
depending on for whom they work and what would be their personal gain
ultimately. Only a few people with money and power to back policing of
the passionate genre deserve the passionate approach. Others must remain
contented with the ‘ playful approach’. A dignified police organisation
should shun both attitudes. The former is against the tenets of
professionalism and commitment to work. The latter, in spite of its
commitment to its goals, is devoid of objectivity, fairness and justice.
For, policing by criminal methods cannot be called professional
policing.
The state of human relations in Indian police does not bring credit to
the organisation. The relations are brittle and mechanical without a
human touch. The relation between different ranks are soft or hard
depending upon the nature of their jobs and mutual advantage. It is
rather a donor and recipient relationship while soft, and master and
servant relationship while hard. There is no genuine human concern and
no sense fo recognition of the other man as another human being. The
other’s human qualities and talents are dismissed as inconsequential
trash. This is equally true among officers of the same rank and has led
to an atmosphere of mutual suspicion in spite of an outward show of
belonging to the single family that the police is.
The police chiefs must think hard to decide whether the current model of
human relations in the police is conducive to healthy policing or not. A
sound police organisation thrives on sound human relations between and
within ranks, sustained by genuine concern, mutual respect, recognition,
sympathy and understanding. Such relations do not perforce go against
police discipline and the official command-obedience functions. Instead
a sense of belonging and unity of purpose are cultivated. The
hierarchical order only defines the relations created in the minds of
the people. Good relations strengthen the hierarchical order by making
the order willingly acceptable to all and thus facilitating its working.
A subtle mental bond that links all men in an organisation is its
greatest asset. A sense of recognition from others coupled with the
pride of belonging creates a happy atmosphere in the organisation and
improves efficiency and output.
Sadly this is just the reverse in the Indian police. Here, human
relations are vitiated. Mutual suspicion and antagonism are the rule.
Men in higher ranks revel in hurting the pride of the subordinates while
the latter wait for the right time to settle scores. In this atmosphere
of hostility and under-cuttings, the organisation and its objects
suffer, all its people suffer and the country suffers. This is where
India stands at present.
What the Indian police inspires in the public is fear and hatred, not
trust, respect and love. This is the greatest single failing of the
Indian police. A police force feared and hated is irrelevant in a
democracy. The argument that fear is a necessary constituent in policing
is not based on the right understanding of human psychology. The police
does stand on a different footing from the general public but that
status is based on trust, respect, love and a healthy awe, not, fear and
hatred. It is healthy awe that inspires in citizens genuine cooperation
and willing subjection to police authority.
Police is not synonymous with fear. A smiling and helpful police force
is a salient feature of democracy. The police is not the enemy of the
people, especially in democracy. Policing involves enforcement of order
for the good of many which may sometimes mean inconvenience to a few.
The job, if performed right, must win the trust, love and respect of the
masses. The misuse of power and a supercilious approach will alienate
the common man and earn his hatred. The exercise of police powers with
absolute humility is quite possible. An approach of service to the
general public renders the exercise a sensible and delicate task and
avoids harshness. It is up to the police to show its good intentions and
convince the public about its trustworthiness. Nothing the Indian police
does now will help to create this image. It is time serious efforts were
made in this direction.
The situation can be salvaged by clearing the cobwebs. There is a bunch
of self-motivated officers in key positions in the police who have
contributed to the downslide of the Indian police in the post-democratic
era. They have corrupted the police atmosphere, set wrong precedents,
encouraged self-indulgence eroded its tough image and reduced it to its
present cadaverous existence. These elements should be sidelined to make
way for men of probity to refurbish and rebuild the setup.
The future of India depends upon the strengths and weaknesses of its
police. Defence forces are relevant to the existence of India in so much
as defending its borders and protecting its system of government. But
the relevance of the police is more meaningful, for, here, the very
existence of India as a nation is at stake. The significance of the
police is often forgotten somewhere between the width of civil
administration and the depth of the defence forces.
In a blinkered system like ours, where power and wealth are the ultimate
virtues and where power and wealth in themselves stimulate mutual
growth, to the exclusion of all other dimensions of life it is no wonder
that the people of this poor country succumb to the trappings of power
and wealth at the cost of all virtues, values, pride, dignity and human
decency.
In an increasingly competitive and complex world, where every day, more
mouths are added to share limited resources, where the principle of the
survival-of-the fittest operates to its logical end and where the basic
needs of survival and decency can be assured only with power and wealth,
people naturally go all out to ramp the ladder of power and wealth by
whatever means and cost.
JUSTICE, A CASUALTY
No power can be its own law without the police on its side as an
executioner and loyal watch dog. This is why politicians in their
activities feel the need for wooing the police to their side.
The police, sans sound character and personal integrity, are no more
than country dogs. This is what the Indian police have become in free
India. The politicians, inebriated with new power, smartly brought these
weaklings to absolute submission and held them on a tight-leash to be
their personal watch dogs and personal gendarmes-in-requital for
favourable job placements, undue promotions and other largesse from time
to time.
Nothing is valued higher than this largesse and its dispensers by the
new police of India. It is how the police were involuted in the
conspiracy against decent public life of India.
It was a hop and skip for the police from the ugly world of politics to
the mysterious world of crime and the underworld. The police have become
a weapon of politicians to bring about the subjugation of the crime
world to use its resources for political ends.
FALL OF CHARACTER
With a weak spine and no principles in the face of odds, the police are
only too pleased to follow in the footsteps of their political masters.
This is how one nexus between the police and crime world was
established.
Whom should we blame for this hapless position? Certainly not the
politicians or their auxiliaries like criminals and police who are the
unfortunate by-products of the grind. They are created by the situation
arising from a system which misfits the people for whom it was devised.
The blame lies either on the Indian people who are unresponsive to the
democratic system evolved for them. Because of their unenlightened and
venal conscience, which is so insensitive that virtues like honesty,
service, patriotism, quality and excellence can make no dent in it at
all; or it lies with the political system devised for them. It failed to
take their psychological make-up into account, and ispo facto led to the
problem of maladjustment in national life.
IMMATURE ELECTORATE
It is these people who win elections and rule this country. It is these
people whom the Indian electorate prefers to vest with powers to
safeguard their interests!
Obviously, the Indian electorate lacks the far sightedness and vision to
understand the consequences of its irresponsible decision.
Long –term and rational decisions are alien to its nature. Immediate
selfish interests and parochial outlook continue to be the driving force
of all its actions and decisions- on the matters of national importance
or personal concern.
How can the future of this country be safe in the hands of such an
electorate and its elected leaders?
People are more and more disillusioned with the extant political
institutions. The percentage of the electorate that takes the trouble of
going to polling booths so cast votes is steadily decreasing from
election to election.
The unhealthy nexus often leads to and facilitates other forms of crime.
Cases of rioting, assault, kidnapping, rape and blackmail, involving the
supporters or relatives of politicians, criminals and police in
futherance of a political cabal are other usual forms of crime that
result from the vicious nexus.
The political patronage and the nexus with police desensitise criminals
to the process of law and justice. They are emboldened to commit more
daring and ruthless crimes that endanger the life and property of the
plebeians.
The police, in their links with politicians on the one hand and with
criminals on the other, are in their new avatar-the protectors of vested
interests with no more commitment and passion for law and justice.
This is the requital the Indian electorate gets for letting by its
nonchalance and irresponsibility-the political system putrefy.
POLITICISATION OF CRIME.
What we see today is just the tip of the iceberg. There are more things
hidden in the latter than are seen.
They promptly grab the opportunity to their advantage and show how
useful they can be to politicians in their career-promotion designs and
in the wreaking of personal vendettas.
The vast army of criminals has become ready resource for them to use
whenever need arises. This has given a sense of confidence and security
to politicians, who are otherwise vulnerable in their highly uncertain,
challenging and competitive environment.
Often, politicians have so much relied on criminals that the latter have
become their most trusted lieutenants, even getting elected to
legislature with their help and blessings.
No criminal can take lightly the need for political patronage in running
his crime syndicate. Be they smuggling syndicates, gambling houses,
narcotics dealers or plain hoodlums, the only way to survive is to have
comfortable political protection at the right levels.
MUTUAL ADVANTAGE
How can a politician, after gaining power with the help of a criminal,
ever let down the criminal? This symbiosis of politicians and criminals
which has emerged from the extant Indian political system. Is the root
cause of all the complications discussed until now.
The very fact that politicians are prepared to risk their reputation
rather than distance themselves from the crime world, shows how highly
the world of crime is regarded by the politicians in their scheme of
things.
Politics and crime have become the 2 faces of the same coin in the
present state of affairs and a saying goes that there cannot be politics
without crime and no crime without politics.
It is not surprising that hungry politicians grab more and more powers
that are legally and traditionally invested with the police department
when the top brass lack strength of character and conviction.
The credit of bringing the police from their height of power to the
present level of absolute submission should go to the superior strength
of personality of wily politicians who have bent the police on their own
terms with the selective use of stick and carrot.
The police is not the real police and what is does is not policing in
the proud sense of the term.
CHANGED ROLE
With this, the concern for crime control has received a setback and
crime control and investigation have receded to the last priority-except
when politicians are interested in them for a specific purpose.
The very definition of the gravity of crime is adapted to suit the new
conception. Those crimes which are tolerated by politicians are no more
crimes.
This blunting of the crime card of the police has made it less
awe-inspiring and less deserving of respect from the criminals.
The police have more and more realised that criminals, particularly
those from organised syndicates, are personal friends of their political
masters and they are no match for the criminals in terms of wealth,
influence and social standing. The men of the police see those criminals
on equal footing with their political masters and learn to treat them
with awe.
External restraints brought about by the fear of law, custom and adverse
reaction, reinforce the inner restraint to prevent the committing of
crime.
SOCIAL ACCEPTANCE
Criminals are criminals because society gives them easy openings to thus
meet their needs. Politicians love to befriend criminals rather than
bring them to book because the society they live in makes their lives
more comfortable with criminals as friends rather than as adversaries.
Policemen find the crime world sweeter because it is how things stand
for them.
Such crimes are generally not taken seriously in spite of the public
awareness of the crimes and the social standing of the criminals remains
unaffected. Government servants too come under this category of
criminals because of rampant corruption in public life.
posted by praveen kumar at 2:53 AM
The last decade of the century sees the CBI becoming the Indian version
of the FBI under J.Edgar Hoover in the middle of the century-with one
difference. The FBI became a key component and feared public institution
through Hoover’s open aggression, while its Indian version gained
eminence by the open, meek submission of its spineless Director to his
political masters. This naturally alerted the otherwise somnolent
judiciary and the result is the proactive judiciary of today. The CBI,
with cases against political leaders stacked on its shelves, under the
nose of the proactive judiciary, had no option but to steadfastly
discharge its responsibilities. So the CBI started working, and shed its
vulnerability to the political class.
The seventh schedule of the Constitution brings police and public order,
except for deployment and use of forces of the Union, under the State
List, and criminal law, criminal procedure, administration of justice
and judicial proceedings under the Concurrent List. However, it
specifically lists the CBI under the Union List. The legal basis of the
CBI is provided by a short six-section Act of 1946 titled the Delhi
Special police Establishment Act, 1946, which provides for the
constitution of a special police force by the Centre for the
investigation of notified offences in any Union Territory and in any
area in a state where jurisdiction of the police force is extended by
the order of the Centre, with the consent of the state government.
The last section of the Act specifies that the force has no jurisdiction
in any are in a state without the consent of its government. The force
enjoys all the powers, duties, privileges and liabilities of the police
officers of an area in connection with the investigation of offences
committed in that area.
But sadly, the CBI does not measure up. The dependence on state
clearance is a great handicap. We have seen umpteen number of states
providing and withdrawing consent to the CBI depending on political and
parochial conveniences. This is a dangerous trend that renders CBI
functions and jurisdiction subject to political manoeuvring, and lowers
its images. The result is the growing criminalisation of politics. The
remedy lies in spreading the tentacles of the CBI, by law, to every area
of the country, with blanket powers to investigate all classes of
offences.
The Act provides for the appointment of the head of the CBI by the
Centre. Considering the importance of the CBI, it is natural to wonder
whether the choice ought to be dictated by the politicians in power. The
question is of immediate significance because of degraded political and
public morality, and fragile coalition governments. The appointment of
the CBI chief has to be a professional, not political decision. This
power must be taken away from the Central Government, to bring all on
par, deprive the party in power of an unfair advantage and give the CBI
some credibility.
The panel may consist of a dozen senior retired judges of the Supreme
Court as permanent members, with one among them chosen as chairman on
the basis of seniority, and the CBI chief as member-secretary. The
membership of the panel must come to the senior most retired judges,
including retired chief justices, as a matter of right, unless an
eligible candidate opts out in writing or is incapacitated by age or
illness, ratified by a two-thirds majority in the panel. By the same
majority, the panel, may force out one of its extant members in the
interests of justice. The panel may monitor and take decisions on cases
as a full panel or constitute sub-panels with the CBI chief as
member-secretary for each. However, only a full panel with a minimum 80
per cent quorum can decide by simple majority on the appointment and
removal of CBI chiefs and decide on deputations, promotions and
transfers of officers of and above the rank of Assistant Director, and
assess their work.
The CBI is the spine of the criminal justice system, and a shattered
spine leads to umpteen complications. The derailment of the CBI is
reflected in public life, in political uncertainty. It is an irony that
the situation created by a weakling CBI led to circumstances wherein it
is in a position to dictate terms up political parties. The CBI is
metamorphosing into a Frankenstein’s monster. This is not in the
interests of the CBI, the country or its criminal justice system. The
sooner out leaders realise the gravity of the situation and infuse new
life in the CBI by amending the Act, the better.
The old All India Services was built on the tripod of faultless
selection and recruitment, perfect training and exposures to the highest
standards of professionalism and character to sustain it throughout.
But, new India just failed to give these factors the importance they
deserved.
Reasons for this deterioration are many. The first is inherent lack of
passion for quality and excellence. The agency incharge of selections,
the Union Public Service Commission, is manned by people unequal for the
task either in their professionalism, efficiency, passion for brilliance
or basic character, How can the process be reversed?
HUMAN RESOURCE
The basic source of manpower for these services has to be boys and girls
below the age of 16 years who have completed secondary education. The
selection must be made part of the final secondary examination. The UPSC
must be made responsible for grooming those recruited. The commission
must handle their further academic studies at the government’s expense
for the next seven years to meet the demand of the services.
Identifying the best talents of the country at higher age groups has to
be the goal of the Establishment Cell created within the UPSC on the
lines of the Establishment Officer of the Home Department of the British
Raj. The cell must get busy scouting for best talents from whatever
source for direct absorption to the All India Services at the
appropriate levels after initial training. Outstanding professionals,
technocrats and creative minds of proven calibre can be the candidates.
Five years of regular service after the field training must pave the way
for the first promotion. This must function as a natural filtering
process as those fit should be promoted in the mainstream while others
get elevated to higher ranks in the related subordinate departments to
man posts covered under the Central Services.
While the Ministers must lay down objectives and policies, their
secretaries must formulate programmes including drafting appropriate
laws and rules to channel the government objectives and policies. The
onus of implementation of the programmes must be left to the departments
concerned.
The training programmes for the services should be relevant to the time
and highly advanced in content. Subjects taught have to be updated every
year by experts and made challenging even to the brightest among the
members of the services unlike present training programmes which are
intellectually impoverished, irrelevant to the time and do not help tune
attitudes to higher levels. Another need is making the promotional tests
mandatory and of a high standard. Overhauling the present mediocre Union
Police Service Commission to create an efficient and responsible set-up
capable of handling the enormous responsibilities under Article 320 that
compels attention to arrest the degeneration set in, in the set-up that
led to blunders in identifying talents and managing the services.
A recent case is from Karnataka where three promising officers from the
state cadre were denied selection by the UPSC to an All India Service
for no obvious reason for ten years from 1990 while their juniors scored
the elevation. The acute frustration and demoralisation caused led to
the break-up of family life of one of the promising trio and subsequent
divorce, repeated violent behaviour by him in public leading to public
humiliation and ultimately involvement in a murder case ending in his
arrest and conviction.
Under the new scheme one should be committed to service for life unless
one offers to retire on health or personal grounds or forced out by the
apex board for valid reasons. Except in cases of retirement on request
before the age of 60 years for nonmedical reasons or removal by the apex
board as a punishment, every officer should be entitled to all the
benefits as in service for life even after retirement. However, once
confirmed in the service, one should be prohibited from taking up any
private or other government jobs while in service or after retirement or
even after resignation from the service. These safeguards should be
relaxed only by the apex board.
The country should take cognisance of all the legitimate needs of these
officers and provide them with the best possible living standards.
Instead of salaries, these exceptionally brilliant officers must be
allowed to decide and draw emoluments against performances every month
on their own assessment which include liberal perks such as free
education for children in any kind of educational institution, free
educational supports, free medial aid of whatever kind, free club
membership and other entertainments, free foreigh tours, free housing
and transportation of whatever kind, help to earn permanent assets, free
supplies of daily needs and other movable properties. Each officer must
submit to the apex board a periodical report of his performances. The
board must study each report to judge the officer. It may warn or take
whatever action found necessary.
The Government is doing nothing to arrest the decline of the All India
Services on all fronts. India is preoccupied with myriad issues of
economic and social developments and perhaps the rapid deterioration of
its All India Services does not seem important. But, the Government
should realise that a strong civil service is mandatory for the survival
of India and act fast.
The significance of the police lies in the lowest nature of the work it
does in contrast to the highest degree of awe and weight it commands
among politicians, administrators and the general public. The esteem,
however, worked only to the detriment of the police organisation. The
propinquity to pamper the police while helped the growth and expansion
of the organisation, it certainly spoiled the police setup and crumbled
its professional value system. The development is obvious in
post-independent era for the simple reason that the propensity to paper
the police saw abnormal rise after the country’s reign came to people’s
hands and politicking and political cabals became the rule of the game.
While friendly police became valuable assets to politicians in the
chess-board of the country’s politics, it became the mainstay of the
administration with the gradual fall in the skill and acumen of running
the administration. The police, which once in pre-independent days was
basically a force to keep the freedom fighters at bay and maintain law
and order, became the alter ego of the governance sinsyne.
THE POLICE AND THE CIVILIAN AUTHORITY:
The root of the problem lies in the civilian control of the police; this
control renders the police liable to function at the pleasure of the
civilian authorities against whom also the police are required to
proceed as required by its professional ethics relentlessly in case of
commission of criminal acts. This is a strange position in a disciplined
organisation in which absolute obedience to masters in the most
sanctimonious obligation. Thus the police finds itself in an unenviable
position of being absolutely obedient to its political and civil
masters, antilogous to being ever-ready professionally to proceed
against to put them in the gaol. This is an impossible position for the
police and against the tenets of the human nature. But, this impossibly
contrarious functions are expected from the police The problem is
overcome by advanced countries like the United Kingdom by strict
adherence to the chain of command with the head of the organisation
responsible to the laws of the country while civilian authority has to
be contented with the administrative control of the police. The
safeguard is yet to seep into the police system of democratic Indian.
However, complete insulation of the police from the civilian control may
not be a healthy development per se in a democratic rule. Here, the need
of check over a function through the bifurcation of operation and
control processes in related job a la the bifurcation of accounts and
audit functions in accounts department come to the fore. The police au
fond is arms and muscle of the administration; it basically is an
operational wing of the administration. It is only the watchdog of the
administration. This locus standi of the police imprimis denies it any
job, related with administrative decisions and assessments. The police
is there to obey the orders of the administrative machinery above it to
exercise control over it. A watchdog perforce indicates a master to rein
in. This nature of the police functions necessitates administrative
control over it in the use of force and other enforcement activities.
This is the backdrop of magisterial powers being denied to the police
except where police commissionerates are organised. The demand of the
police to invest it with the magisterial powers is a corpus of the
ongoing dispute. The matter continues to be a contentious issue between
the police and the civil administration and a major source of
dissatisfaction in the police force. The civil administration is
resisting a toute force any attempts to do away the magisterial powers
from its hand in favour of the police, it be in promulgating preventive
orders or issuing search warrants or conducting inquest proceedings or
initiating externment proceedings or initiating preventive proceedings
or ordering the use of force, to name only a few. The argument of the
police is that the denial of the magisterial powers which are exercised
by officers as low as Tahsildars in the civil administration is a
preposterous step sans any rational basis and suggests lack of trust in
the police organisation. The denial of the magisterial powers to the
police has nothing to do with trust or lack of it a la audit control
over accounts function does not suggest lack of trust in accounts. The
police have forgotten that the civilian control over the police is in
step with well established principles of administration and functions as
a safeguard to the hoi polloi against the dangerous overstepping or
overzealous use of police powers, potential of bringing destruction
including death. Use of force by whomever it be, has a tendency to
exceed the limits of requirement and the plebeian has to be protected
from such possibilities. Ergo, the magisterial control over the police.
It is a professional requirement in sound administration rather than an
issue of who is more trustworthy. The resistance of the civil
administration to the demands of the police for the magisterial powers
is justified to that extent. The police commissionerates are special
organisations for special circumstances requiring intensive policing
under the closer scrutiny of the government in charge of civil
authorities. Yet, both magisterial powers and the police powers being
invested in the same hand requiries lots of explanation to be a
convincing administrative arrangement.
PROFESSIONAL POLICING
The position of the police as the enforcer of the laws of the country
gives it an important place in the judicial system of the country in
enforcement of laws, preventive measures and investigation of crimes and
provides it a strategic relationship with the dispenser of laws namely
the judiciary. Though the judiciary has absolutely no say in the
organisational matters of the police force, it, if it so desires and
have adequate resources to do it, can have absolute control over the
police functions as the police au fond is the enforcer of laws and the
judiciary is the interpreter and dispenser of the laws and the synergy
between the two functions perforce implies absolute subordination of the
police functions to the judicial review. However, this may not be the
case in practice for several reasons. One is the concept of judicial
restraint. Another is the constraints within which the judiciary
functions. The other is the disinclination of the judiciary to interfere
with the executive functions of the police unless circumstances compel
it to do so to discharge its cardinal responsibility of upholding the
rule of law and justice in the country.
A profession like police naturally has its own goals, objectives and
ideals to pursue. They get clouded in the smog of practical turn-arounds
in the field and ultimately lose their edge in the spin of attitudinal
aberrations. The consequence is clashes of loyalties, adoption of
immodest vectors in policing, the issue of excesses and inactions,
tendency to bend rules and laws to achieve perceived ends in the hour of
need of upholding the rule of law, urge to cash-in on the ignorance and
weaknesses of the ignorant people around and indulgences in
unprofessional works in the name of discharging legitimate police
duties. Performance of any profession depends upon three factors:
professional ideals, job culture and actual practices and procedures.
Job culture is spawned of constant interaction of professional ideals
and actual practices and procedures in the field. Though basically is a
product of the past, it considerably affects the future performance of
an orgnisation. Practices and procedures being the primary vehicle of
attitude, they help moulding job culture a la immanent attitude in the
job. The result is a pollent hold of attitude in deciding the direction
of an organisation. A profession loses its raison d’etre while attitude
in the job prevaricates from professional ideals.
Professional ideals of police are rooted in the terra firma of the rule
of law, justice, order and the security of the country and its citizens.
Police organisation is basically responsible to the constitution of the
country and the government constituted and the laws enacted in
accordance with the constitution. Police lose its relevance to the
country when its professional attitude goes against the cardinal ideals
of the profession. The challenge of a police organisation lies in
moulding professional attitude as required by the ideals of the
profession. Wrong attitudes inveterate in extant practices and
procedures of policing are shaped by self-interests, misconceptions,
ignorance and tendency to pursue easy and shortcut methods: they are
hard to be broken and survive under most odds. Only efficient, honest
and highly motivated leadership alone can crack the etui encompassing
it. Once it is done, building a new set of right professional attitudes
is relatively a simpler job to a committed leadership. Basic to these
efforts is a realisation among the top-brass about what constitute right
and wrong attitudes. The crux of the problem of Indian police lies here.
It is distressing to note that the top leadership of post-independent
Indian police is responsible for the prevarication of the organisation
from its professional attitude of absolute commitment to public order
and safety, justice and rule of law to easy and shortcut avenues of
selfish interests. The change percolated downwards. In the rush of
Indians replacing the British to sensitive government positions on the
eve of independence, men of inadequate calibre and merit occupied key
government posts. This happended in police as in other government
departments. The result was happened in police as in other government
departments. The result was corrosion in leadership qualities, traits of
excellence and high personal merits, so essential to run public and
national affairs at the top. It was during this period that Indian
police lost its track in professional policing and exposed itself to the
luxury of dancing to the easy and soft tunes of convenience by yielding
to pressures of political and other vested interests. Policing powers
served as a tool of maximising self-interests and personal comforts at
the cost of professional policing. In the process, the country suffered
and police lost its face.
People caught in the web of criminal laws deserve sympathy and kindness
until they are proved guilty beyond doubts. They need to be treated with
gentleness and courtesy that behoves to interpresonal relationship in a
civilised society while the process of investigation continues with all
efficiency and ruthless exactitude. Police as investigator is not
invested with powers to punish for the crimes committed. Fair chance to
persons under investigation to prove their innocence goes a long way in
unearthing truth and solving crimes justly. This has to be the attitude
of the police during crime investigation. Truth and justice have to be
their goal. Indian police lack the maturity and poise.
Another field where police need to change its attitude is its contempt
for human values. Policing is just an instrument to the cause of
protecting human values. Police oblivious to this fact, subject human
values to immane policing methods in the name of policing. Third degree
methods are the point. Malfeasances do not behove to the cause of human
values. Means are as important as ends in policing. Pursuing unjust
means for the cause of justice is the spiel of the frankenstein, the
story of an off-spring eating its creator. Inviolable commitment to
human values and rights is the foundation of good policing. Human touch
is sine qua non for professional policing. Human concern is the raison
d’etre of good policing. The shift in attitude needs to be from blind
and blanket-policing for the policing’s sake to discreet and enlightened
policing to reach professional objectives. The shift has to be from the
use of policing powers to maximise professional goals. The shift must
see police taking risks in the interests of the profession and doing
intelligent policing rather than indulging in manoeuvres of personal
security. The process warrants massive exercise in attitudinal change.
20th Century saw the expansion of the utility of the police to every
conceivable field of human activity in social and national life.
Security duties are increasingly encompassing ceremonial objectives.
Traffic and law and order police are more and more replayed to add
grandeur and humour to private functions of the well-to-do and powerful.
The presence of the police is becoming more a matter of prestige and
social standing in society than an emergent need of protection. The
police are now called to mediate and solve familial problems, labour
disputes and case and communal differences. People call them now to
intervene in their differences with others, expect them to handle rescue
operations during natural accidental and man-made calamities. Their
services are warranted to bring order wherever and whenever things go
wrong at public as well as private events with unending number of acts,
rules and their amendments passed every year by the legislatures. This
wide use of the police in the vast spectrum of the statecraft rendered
it jack of all and master of none. The transformation blunted the
effectiveness of the police in handling its cardinal duties of providing
security, maintenance of order and investigation of crimes.
Indian legislatures churn out new legislations and bring out amendments
threeon in such numbers and festination that neither those legislatures
nor the police who enforce them can afford to keep a track of the
enactments and their provisions. This Achilles’ heel in the law
enforcement machinery will perforce disappear in years ahead. A solution
is creation of the Community Police as enforcers of the social
legislations as distinct from the body police. The community Police
require skills different from those in general policing owing to the
special nature of the social legislations and special sensitivities of
its enforcement. The huge share of the social legislations among new
enactments and the gargantuan task of enforcing them is another
justification for creating a separate community police wing out of the
present police. The measure will relieve the body police from lots of
work-pressures and provide it spare time and energy to concentrate on
vital issues of the general policing.
The key to the success of the police is its response time, the speed
with which it responds to the challenges of the crime. Where time is a
precious commodity and a difference of a couple of seconds make the
difference of success and failure of a police operation, persistent
efforts to shorten response time will get the highest priority. The
thrust of the police administration of the next millennium will be
directed to bettering the response time as speed will be the mainstay of
crimes and criminals of the coming age. Short response time implies
improved communication and transport network and highly motivated human
resources ever-ready to handle challenges. Outmoded communication and
transport facilities in disrepair conditions most of the time have no
relevance there and casual manpower is rather passe in that ambience.
The millennium will see the police force in the finest fettle in terms
of orgtanisation, manpower and equipments and becoming a highly
organised efficient limb of the state apparatus.
The 21st century police will be required to shed to idee fixe for the
show of strength in lieu of efficient policing. The stress in future
will be on lean and fit policing. The structural deformity and oveweight
caused by redundant posts, undefined jobs, lack of accountability,
epinosic equation of rights and responsibilities, top-heavy structure,
erratic span of control, demotivating factors, nonprofessional ambience
and uninspiring leadership will become a matter of the past with the
police going perforce competitive en face gargantuan challenges from
criminals posing threat to the raison d’etre of the police and its
relevance to the extant society.
Independence circa half a century back marks the greatest turning point
in the history of Indian police. It marks the end of 88-year history of
policing on modern lines under the British Raj which began with the
enactment of the Madras District Police Act of 1859 and assumed
countrywide acceptance with the enactment of the Police Act of 1861.
Independence marks the beginning of the history of Indian police under
Indian hands in a democratic milieu unlike of yore though in form and
contents they were its continuation. The hitch lay in its sprit, in the
contradictions of the intentions of a colonial police and the traditions
of a democratic police. It patently is against jus naturale to expect a
colonial police transform to a democratic setup overnight with the
awakening of the country at midnight. Spirit is never known to be a
quick-chameleonic, particularly while form and contents maintain their
stead. Change in spirit is the natural outcome of changes in ambience
leading to metamorphosis of value system and attitudes by rapid
exposures to changed experiences. The process perforce requires a very
long period of trails and tribulations to ripen the spirit to its new
avatar. The first fifty years of independence of India marks this period
in context of the spirit of Indian police maturing to democratic
traditions in the hands of Indian rulers.
Free India, in spite of its moral values and abiding impact of Gandhian
Philosophy of truth and honesty, found covert operations sine qua non
for survival. Though attempts were scratchy in inchoate stages, India
made significant breakthroughs in penetrating, moulding and controlling
the affairs of the neighbouring countries after raising the Research and
Analysis Wing (RAW) to handle covert operations in foreign countries.
Its operations and performances in Bangladesh, Sri Lanka and Pakistan
and to somewhat lesser extent in Afghanistan, Nepal, Bhutan, Burma and
some of the Gulf countries are on par with the best in the world. Its
chevisance in international events like the creation of Bangladesh,
containment of Eelam ambitions of Sri Lankan Tamils in India,
eheckmating the Kashmir card of Pakistan and controlling the terrorist
misadventures of international Sikh communities against Indian targets
earned it worldwide accolades. This is in spite of the fact that Indian
secret police is a feather-weight performer in the arena of
international clandestine wars and its overall performance in world
events is very unimpressive for the size and resources of the country.
Reasons are many. Foremost of them is lack of commitment to the national
cause and national ideologies like national integration, democracy,
secularism, nonaligned movement and mixed economy. Another reason is the
moral atrophy experienced by Indian police after independence leading to
decline in professional commitments. Postings to RAW with opportunities
of foreign assignments has become a status symbol and lost all substance
of challenges and performances from it. The other reason is political
interferences in postings to and transfers of the RAW officials. It is
political connections rather than security screening and clearances and
aptitude for clandestine operations decide the postings in the RAW. Huge
unbudgeted and unaccounted funds at disposal makes the RAW postings
highly lucrative and attracts easy going siblings of the powerful to its
fold. This is an extremely dangerous trend in a security apparatus where
commitment, trust and absolute secrecy form the basics of survival and
an unguarded moment may make life and death difference for many. More
important, clandestine operations unlike other police responsibilities
require highly specialised skills, ignoring this need in manning the
organisation is a sure way of compromising the organisation, betraying
its operational efficiency and exposing the country to dangerous
security threats. Another important reason for the retarded growth of
Indian secret police is the general lack of security consciousness in
the country and inability to see and place the imperatives of a national
security policy in right perspective. These glitches end-up in security
breaches of the dimension of ISRO spy case Purulia arms drop case.
Rattan Sehgal episode etc. India lacks larger horama of the country and
its survival needs and goes algate weighed down with ephemeral
considerations. Its approaches to national security are always
piecemeal, incoherent, causal and disturbingly unsound. It does not have
a sound and well-conceived national security policy. Its approach to
security threats are always short-term face-saving responses which never
contribute for the real long –term security needs of the country. If it
is the situation at government level, people who fought a mighty power
to the situation at government level, people who fought a mighty power
to liberate their country from the yoke of foreign rule just half a
century back care nevermore about even saving what they gained then from
the internal and external inimical forces by as much as raising a public
debate on the subject of the imperatives of national security. Indian
security now is left to the mercy of time and it is sheer luck that
Indian democracy survived for long decades from the hungry wolves
waiting to fall and prey on it.
This does not mean that everything is all right with Indian security
agencies. Their filed for operation continues to be confined to
traditional isolative methods ignoring the present needs of integrated
approach in national policies and programmes. This is a dangerous trend
in the present competitive world where even a minor edge over the
opponent makes the difference of elimination and survival for a country.
While even developed countries made all aspects of their national
policies subordinate to their security interests, India cannot afford to
subordinate its security concerns to the freaks of people who come to
head various ministries in government and their political and personal
ideologies. India lacks in a cadre of long range security programmes to
make its security operations meaningful and purposeful. It is lagging in
hi-tech ultra-secret espionage operations far behind world standards and
nowhere comes near even to the old U-2 spy plane of the US of 1950’s .
Its secret police is yet to make perficient use of the country’s
impressive progresses in fields like satellite launches to the outer
space and other space programmes. Except for isolated cases as in
Pakistan, India is yet to fully utilise the services of world-class
mercenaries in its clandestine operations as in vogue in almost all
major gray operations worldwide. Security services in India unlike other
countries world over, do not weigh high in the national priorities of
the country.
SPECIAL BRANCHES
Sabotage, terrorism and security risks are not phenomena, pro tempore.
They are here to stay and the police must know to meet the situations
they engender. And threats to internal security, by all means will
assume demonic proportions as time advances. The
survival of the police in coming years depends upon its ability to meet
the needs of internal security. It has no alternative but to overhaul
its passe system, organisation, operational methods, approach to work,
training and manpower resources to be able to do so. The faster it is
done, the better. For, the inability of the police in successfully
handling security challenges is resulting in fatalities almost every
day.
The first parameter for preparing the police for the future challenges
of the internal security is selecting right people with right aptitude,
right abilities and right background. This requires thorough job
analysis in the requirements to handle the pertinent responsibilities.
Choosing the right man from the motley to inclip him to the ergon forms
the foremost need of preparing the police for the impending challenges.
It should be realised that the need of such people to the police
overweighs the need of the police for these extra-ordinary species. As
internal security is a condition of national survival, no law, no
fundamental right, no directive principle nor any social welfare
ideologies should interfere with the recruitment of the right people.
Internal security being a highly sensitive and secretive job, each less
than right man inside is a positive risk to security operations. Further
, such people are a drain on the efficiency and effectiveness of the
organisation. Ergo, avoiding people less than right for the job is as
important in recruitment as selecting the right person.
Having suitable manpower is one thing. Preparing them for the future
challenges is quite another. It is here that training comes into
picture. Training high-calibre, sensitive people is a much more
responsible and arduous job. If the training is to prepare them for
sensitive job like internal security, the gravity of the task gets
further compounded by the addition of another dimension to the
responsibility. The emphasis here is to raise the innate traits of the
trainees to desired levels. They should be moulded to be highly
motivated, knowledgeable, bright professionals with a flair for results.
They must be taught to operate without plangent attention and get
maximum mileage from minimum basic action. Such a training needs a
carefully drawn-up training programme with creative inputs. In sensitive
jobs like internal security, grooming manpower including recruitment and
training is more vital than the job itself.
Indian security plans lay stress on covering targets with armed men and
preventing people from approaching the threatened target. In absence of
adequate penetration into the source of threat, none of these tactics
can have any impact on the capabilities of a terrorist to strike his
target. A human wall around the target is an infructuous show of
strength in an age where there are powerful weapons and ammunitions that
can penetrate several such layers in a single stroke. Even the best of
the snipers protecting a target would be at a disadvantage in feeling a
terrorist-to-strike who has all the advantages of time, place, surprise
and the mental and physical reflexes to superate both his target and
armed protectors. A well-planned terrorist attack fully prepares for all
these odd contretemps.
The Indian police system lays emphasis on dashing qualities rather than
on mental qualities and planning that form the elan vital of security
policing. The age-old police traits like a criant show of force and a
strict adherence to hierarchical order have a mis-alliance with the
needs of security operations where patience, perseverance, calculating
mind and imagination was to foresee developments, speedy physical and
mental reflexes, unbreachable sang-froid in adverse situations, high
commitment to the work in hand, initiative and above all, courage to
take responsibility for action decide the success or otherwise of the
security build-up. Indeed, these human qualities have to be reinforced
with neoteric security equipment including latest communication,
transport, information, weaponry and other security –oriented systems.
The organisation must have three full-fledged wings in charge of (a)
collection of intelligence; (b) process and assessment of security
risks; and (c) field operation.
Any tampering with the quality of the civil service and doing anything
that may mangle the ‘steel-frame’ grade of Indian civil service
certainly go fatal to the very existence of India as a single nation.
The worst curse on India and its people is the classification and
stratification of humanity on the basis of births and adoption of rigid
codes of social conduct to rule the relationship between those in
different strata.
The lower strata being condemned to be treated less than street dogs and
denied equality and any opportunity of growth and decent life.
Sine dubio, such special treatments alone can somewhat remedy the
inhuman treatment and delour meted out to some without an iota of
fellow-feeling and kindness for generations after generations.
Such measures on special footing are not only compensations India must
pay for having deprived some of its children of their growth
opportunities for so long, though belated and inadequate as they are.
They are also a kind of remorse the country suffers for its past sins.
But the cardinal question is the direction such measures must take.
Wrong policies in such matters may not only fail to make the measures
efficacious, but may also block the existing opportunities too.
It may also further weaken the social fabric of the country and ipso
facto pose real threat to the very existence of India as a country.
The victims of the age-old stratified class system actually deserve many
more special privileges than delivered to them at present.
This will wipe out the achilles’ heel from the face of Indian social
structure to make Indian society civilised without affecting the quality
of its governance and parameters of survival.
In this sense, a sound civil service structure is sine qua non for
running a democracy and the strength of the democracy depends entirely
on its soundness and quality. A democracy without sound civil service
slumps like a mass of flesh without a spine to support it.
The well being of the repressed class of India depends solely upon the
survival of India as a single nation and therefore on the quality and
soundness of the civil service.
The fear that the steel-frame civil service of the pre-independent India
vintage have crumbled into a mediocre setup now by wrong policies of
selection and recruitment in independent India needs serious attention
it deserves.
This trend deserves deeper concern than at present in those who are
interested in the survival of India as a nation and democracy. The
interest of the country lies in marshalling the best talents of the
country in service of maintaining the country as a nation and democracy
and that need must get the first priority over all other issues
including developmental and welfare vintage. Unfortunately, it is not
happening in India now.
Real merit and competence emerge from exemplary unity of diverse human
faculties like sound character, strong intellect right attitude,
commitment and devotion to work. Doing anything to subvert these virtues
in civil service in tantamount to wrecking the interests of the country.
SENSE OF COLLECTIVITY
There is a sense of collectivity for good or bad in the police. None in
the police normally get a spark to see a thing from a new angle and give
their own interpretations or judgement ectogenesis to the view already
held. The sense of rectitude becomes secondary when the sense of
collectivity is at stake. Though the police profession demands fairness,
justice and rectitude as its primary concern, passion for the values in
the police is surprisingly feeble. The commitment to do things legally
and rightly is superficial.
A case of dowry death reported against a retired judge and his family in
February 1992 in a state as referred to the state investigation agency.
The investigation made out a case for charge-sheet against the retired
judge and five others including his wife, son, two daughters and another
person. The chief of the investigating agency in the rank of IGP being
close to the retired judge, dragged his feet from further proceedings in
the case. The Superintendent of Police who was supervising the
investigation of the case wanted to take the investigation to its
logical end. But arrests in the case were prevented and the charge-sheet
was unduly delayed. The insistence of the Superintendent of Police to
charge-sheet the case cost him his post and he was transferred in July
1992 to the Home Guards department of the state as the head of it
training wing. The case remained frozen sans charge-sheet for more than
one and a half years, till the IGP’s transfer in 1993. The case was
later charge-sheeted in March 1994 with the retired judge and his two
daughters being dropped from the charge-sheet on the basis of evidences
tampered at later stages. The police officer who tried to stall the
wheel of the legal process subsequently succeeded in gaining entry to a
sensitive police organisation at the national level and later in his own
state.
The police is the watchdog in a democracy. It forms the axle that keeps
the vital engine of the administration running. It is modelled on the
British system except for a few changes made in response to the
situation regarding crime, security and law and order. That is not to
say that the Indian police is alien to the Indian situation. The utility
of the Indian police to India depends on the direction and degree to
which they have taken to this process of adaptation and also how
successfully and efficiently.
ASPECTS FORGOTTON
The reasons lie in the rulers as well as in the police. In the rulers
because it is natural for anyone to take advantage of the tools that
make themselves available for use and it is rather naïve to expect the
rulers to ignore it while the police willingly offer themselves to be at
their disposal. The rulers of democratic India do use the police for
their personal and party ends to the extent that the nearly half a
century after Independence has obfuscated the distinction between
national interests and personal interests of the rulers in the use of
policemen.
RESPONSIBILITIES IGNORED
The reasons lie in police because the police of democratic India chose
to brush aside their professional and national responsibilities and
instead preferred to be the handmaid of those in power . Two factors
helped the process. One was the wrong type of people at the helm of the
organisation as models. Another was the lack of understanding of the
concepts of obedience and discipline. The nonprofessional approach of
the police leadership percolated down and sadly was accepted as the
general rule by the rank and file.
The entire force has forgotten that its primary obedience is to the laws
of the country and that the rulers and mere representatives of the laws.
The police have forgotten the cardinal principle that their profession
dictates them to do their duty even if it may be against the rulers if
the law finds the latter doing wrong. Serious professional lapses have
not only weakened the Indian police, but damaged the political system,
social values and the credibility of the democratic process. Ignorance
and indifference on the part of the public in general, and the
intellectual class in the police system, have ended up with the police
acquiring a free hand to function without restraint and guidance.
The police have two weak areas- the nonprofessional approach and
arbitrary management. Both are interlined and contribute to each other’s
existence. The nonprofessional approach has eroded professional
commitment and encouraged corruption. Professional pride has been pushed
into oblivion. Personal interests have gained precedence over
organisational interests. The breaches have helped opportunists to
intervene and dictate terms to the police. Matters beyond the realm of
the police have gained in importance at the cost of the organisation’s
credibility.
The system has undergone a lopsided growth with random spurts of control
and workload, unfair selection and recruitment procedures, neglected
training, inaccuracies in the assessment of work and people, irregular
promotions and transfers, unplanned modernisation programmes and funny
service rules. Efficient management has been relegated to the background
with the whole set up inclined towards a rigid hierarchical order. This
trend has told upon the professional qualities of the police causing
decline in its organisational efficiency.
BRITISH CHARACTERISTICS
The most glaring among the negative qualities are its disinclination to
democratic values, failure to identify with the Indian ethos and failure
to appreciate the common man’s aspirations and predicament. An
independent India has added to the negative aspects. One of them is
corruption. Also, the passage of time has set in motion a process of
continuous reconstruction.
The police of the British rule has as its prime objective the interests
and upkeep of the British Raj in India. In democratic India, in the
absence of capable leadership, the system has failed to reset its
priorities and formulate its objective. It seems to have failed to
comprehend where its loyalty should lie. The fall of the British Raj,
may be, left a void and they found refuge in the political leadership.
On the one hand, the policemen were unable to think clearly, and on the
other, some officers in higher ranks wanted to be close to and in the
good books of key political figures to promote their interests. As a
result, the system gradually lost touch with its professional objective
of being loyal to the Indian Constitution, an objective of establishing
the rule of the law in the country Power went into the hands of
dishonest and criminal elements.
EMERGENCY TREND
The police acted as the handmaid of the political leadership during the
Emergency in 1976, save for a few dignified people. Both the Central
Bureau of Investigation and the Intelligence Bureau were extensively
used for political ends. Then emerged the custom of providing protection
mostly to political leaders and other well-connected personages as the
expense of the public. The trend of the police being committed to
political leadership has continued.
The political leaders are wary about the law and the judicial system;
and they have to be cautious on their dependence on illegal political
funds. They need the help of the police and it is not the other way
round. There are many police officers who understand this dynamics and
play their cards shrewdly. A police officer in a southern State played
it so well that in spite of his publicly proclaimed moderate efficiency,
he not an occupied the coveted position of the Police Commissioner of an
important city as Inspector General of Police (by removing the holder of
the position within six months of the latter coming there), but also
managed to be there for many years by getting the post upgraded as and
when he was promoted as Additional Director General of Police and later
as Director General of Police at the cost of all other aspirants. On his
retirement from service, the political masters obliged him by
constituting a one-man committee for him, supposedly to examine and
advice on the reorganisation of the police setup fo the State, but
actually to provide him creature comforts at Governmetn expense.
A police setup worth its salt should meet the specific needs of the
policing. The police setup must necessarily be raucle in its frame to be
capable of absorbing the shocks to which it would often be exposed.
Secondly, motive factors should be substructed in the body of the
organisation as sound motivation alone can make policing a purposeful
activity. This should be reinforced with external motive factors that
can be infused to the organisation e ra nata. Thirdly, the system should
be organised so as to generate optimism and confidence ex propriis to
excudit the magical entrainement. Another important aspect that should
weigh lourd in evolving an effective police organisation is evolving a
mechanism whereby every police officer or unit is put in charge of a
specific job matching his or its competence and aptitude. An element of
entrain should be brought to policing so that the work in hand can be
attended to with genuine involvement by each police officer. Another
strategic principle of healthy police organisation is having absolute
faith and giving full responsibilities to subordinates with a
concomitant, reward and punishment system that follows at the heels. Any
attempt to disturb the balance of faith, full responsibility and reward
and punishment system is certain to fell the organisation into
desuetude. The extant concept of collective responsibility through a
chain of command has gone passe by its propensity to demotivate the real
workers due to the corrupt ambitions of those at higher levels in the
chain of command. Policing has grown of late to be such an independent
field of specialisiation that it is impossible for a mortal being to be
proficient in even a single aspect of policing. It is rather a folly to
ween a police officer as being able to handle all aspects of policing
though at different times. Hence, the need of specialisation-oriented
policing. The present managerial world is increasingly realising the
importance of human resources as organisational inputs. Unless all-out
efforts are made to inhaust to police the crème de la crème of the
country with exceptional attributes of probity, intelligence and
commitment and impart eximious and purposeful training to bring out the
best of each, no efforts at updating the organisation can bring about a
sempiternal transformation in the setup. The fact that policing can be
successful only with popular co-operation, focuses the attention of the
police organisation on the needs of building up its image. Although
efforts are already afoot towards building up the image of the police,
the depths of the possibilities are yet to be fully explored and
exploited. A scientific approach in this score will make policing tanato
uberior. Also, the scope for scholarly and intellectual activities in
policing will make policing multi-dimensional and add to its
effectiveness. The fremit reception given to intellectual activities in
some quarters of policing may not go down too well with the future
police planners. The future police organisation and administration
should cater to the need of intellectual activities.
India can have an independent social policing system under the social
welfare ministry to which police officers with a flair for progressive
measures may be deputed. The social policing system as a professional
enforcement agency of the social policing system as a professional
enforcement agency of the social welfare ministry can do an effective
job in enforcing progressive social legilsations with all their nuances,
by fully devolving on it while saving the police organisation from the
embarrassment of handling issues to which it is not equipped either
mentally, proffessionally or organisationally. This measure will exeme
the police organisation from unwarranted pressures and enhance its
legitimacy in handling serious security and law and order issues.
The increased preoccupation of the police with law and order and
security issues in view of the growing cataclysmic activities in the
country has adversely affected effective crime administration of late.
Police stations have become registering stations as far as crime
administration is concerned. The time of the local police is fordone
with immediate issues of law and order and VIP security, and in the
process, crime investigation has become a casualty. The process may
further deteriorate as security and law and order problems increase in
coming years. Neither the crime staff at subordinate levels nor the
supervisory staff at district and higher levels, in the melee, have the
will or the resources to divert to crime investigation while the crime
rate in the country is assuming dangerous proportions.
Unity, resoursefulness and speed form the spine of urban policing. The
control room-centered policing in urban centres where men and
transportation and latest communication facilities that work round the
clock in shifts enables galvanic operations to tackle law and order
problems.
This outfit with unlimited resources at its disposal for launching any
type of operation within a few minutes of communication may suffice to
meet the challenges of maintaining law and order in urban areas in the
new age.
The very concept of policing the police is pregnant with the suggestion
that police do not necessarily limit themselves to the bounds of the
laws, therefore require policing. A protector, guardian and enforcer in
one has two facets: he is a master as well as a servant at the same
time. This is what is expected of police in regard to laws. The issue is
whether police serve the laws in the capacities. They do act as masters
in enforcing them. But their role as servants of laws needs deeper probe
about how far they are subject to and guided by the laws in force.
Efforts at policing the police must begin with right recruitment policy
to ensure that only right people enter the job. Next important stage is
right training. Third stage is creation of right ambience of job culture
within the service. Fourth factor is institution of a right system of
rewards and punishments on the basis of actual performance. Fifth is
sensitising the top brass of the force about the need of policing the
police too make policing meaningful and purposeful. An extension of this
sensitisation is willingness of the police administrators to track down
unlawful and criminal elements within the force and efforts to
deracinate hem from the system as fast as possible. It is easier said
than done in actual practice.
Obstacles to policing the police are numerous, ranging from clever use
of loopholes in the system and laws to circumvent the arm of legal
authority to use of external pressures to extricate from impending
disciplinary proceedings. Police is a part of the world outside and
cannot exist in complete isolation from it. Their close interdependance
and symbiosis make them sine qua non for each. In the circumstances,
they mutually influence and the lawlessness and criminal tendencies of
the society outside seep into the police system to allay its resolve for
self-policing, and corrode the process. This allay reflects in
recruitment, training, job culture, system of rewards and punishments
and resolve to cleanse the system. Concomitantly police lose moral right
to policing anywhere.
Service and conduct rules that guide the conduct and activities of
government servants are too weak an instrument to meet the needs of
policing the police. Rules therein couched in procedural hurdles and
usual governmental loopholes can scarcely be effective in providing the
vigorous drive needed for the efforts of policing the police. It is a
fact that these rules achieve no more than keeping the government
business going. They are not meant either to inculcate true fear or
induce motivation towards any end. Police cannot look to them for
sustenance of its need of policing the police.
Policing must begin from within and spread outward. Self-policing is the
primus of the responsibilities of any effective policing setup. It needs
higher commitment and resolve as a foundation to meaningful policing
otherwhere. Self-policing must constitute the core of activities of a
police organisation worth the name. As only a flame within can shed
light outside and only a conviction within can spread confidence
outside, a clean environment inside only gives strength to cleanse the
world around. The conundrum is how to bring it about. Power corrupts;
absolute power corrupts absolutely. Police as the arm of the state power
structure, enjoy enormous powers. Incidence of corruption is natural in
the circumstances. Corruption of police badly affects the hoi polloi and
their trust in police, judicial system and honesty of the government. A
corrupt and lawless police makes lives of plebeian a hell. Policing by a
lawless and corrupt police is just a mockery played on hapless people.
There are informal measures too, like transfers and selections of police
personnel for medals and other rewards. Presently these measures are
careened towards money and political clout one enjoys which is earned
always by corrupt, immoral and illegal means. Once weightage is given to
right people in the organisation in posting to rewarding jobs and
selection for medals and other rewards instead of those with illgotten
money and political clout, the measure itself works as an enormous boost
to the morale of the police force and brings its members on right and
lawful tracks. The first step here is bringing an end to the present
policy in favour of money and political powers. This step itself helps
police force enormously in weakening the prise of money and political
clout on the police force. The positive step of encouraging right
personnel by proper transfer and rewards policy adds to the benefit.
These subtle measures can do wonders to the efforts of policing the
police.
HIGH MORALE
WARMING-UP PROCESS
The period of initiation is the most important and impressionable period
in the career-life of fresh recruits to the police department. The
process of warming-up is based on the psychological needs of human
nature. New entrants must be handled with utmost care to give them
confidence and a feeling of belonging at the incipient stage itself. A
sense of confidence and belonging to the organisation and an ingenerate
love and respect for the higher –ups are the substruction on which
discipline grows. Efforts to inculcate disicipline in a void a like
waiting for rain from the autumn sky. Indian police impresarios failed
to understand such finer nuances of administration when they copied the
system of the British Indian police. And so we now have a police system
where discipline is insisted on subordinates sans the conditions
requisite for the discipline. The recruits who enter the fold with open
sensibilities and high expectations, wither after braving for a while
the brusque and insensitive conduct of their higher ranks. These
recruits continue thereafter to be constant enemies of the higher ranks
and the department for which they must continue to work for the next
three to four decades. A police department constituted of such members,
thanks to the shabby approach of the insensitive higher ranks in this
most impressioanble period of the former’s carrier-life, cannot turn out
eximious work. It is a tragedy that India neither spawned a police force
of its ain superior values nor copied the police force of the British
vintage in its entirety with its finer points, but cultivated instead a
burlesque of the rough and mediocre aspects of both.
WORK PRESSURE
All creations in their fraicheur and the nature’s bounty are kind and
tender and elegant. The strains of the environment cause inquietude in
nature’s balance and leads to the obfuscation of a few precious sheens
from its innards. It manifests in loss of human factors in man and his
mental space turns intenible of human qualities by environmental strains
such as work-pressures.
HUMAN ASPECTS
A resonably good standard of living helps the police to rise above the
physical and security need-levels to social and higher need-levels in
the need-hierachy outlined by McGregor and have the mental space for
wider intersts like human concerns of kindness, tenderness, elegance and
civility. A low living standard retards the police image and esteem in
society.
HOUSING
WELFARE ACTIVITIES
Police forces administer welfare funds for the benefit of their members.
The current approach of disbursing money from these funds to needy
applicants needs to arouse a sense of pride and dignity even in
receiving help from the establishment. Much thought has to go into this
aspect to make the welfare funds useful to them without giving the
impression of charity. If the funds go to them as their rightful share,
they would be put to better use than as a charitable contribution. A
newly structured police for the new age certainly requires a fresh
approach to the utilisation of police welfare funds.
TOUGHNESS
The Indian police is not paying sufficient attention to the need for
physical prowess, sturdiness and skill in martial art. The need for
attention to these factors during recruitment, basic training and in
–service challenges is tout a fait ignored. A healthy and sturdy police
requires healthy and sturdy men and officers, capable of taking up
gauntlets and defending themselves when exposed to comminations. The
need can be sidelined only at the risk of weakening the organisation.
The police is often required to defend itself in circumstances when
unarmed and undefended. Policing involves performance of tough and
physically trying jobs that can only be performed when policemen and
police officers are physically and mentally fit. The police, aspiring to
a bright future, must attend to this need for its own good health with
genuine seriousness.
UNIFORM
WEAK LEADERSHIP
SUBJECTIVE FANCIES
MANAGEMENT PRINCIPLES
The last three decades have seen a tremendous expansion in the Indian
police. For the lack of an organisational plan and the foresight to
assess future demands, haphazard growth has resulted. Organisational
sensibilities such as workload, unit of control, accountability
functional conveniences, span of control and information flow are never
given the attention they need building an organisation. As a result,
while a few posts in the police are overburdened with work, there are
many which have no work or accountability. The lopsided growth of the
organisation has spawned acute likes and dislikes for various positions.
Naturally, probity and objectivity are sacrificed in favour of survival
and protection of career interests. Corruption is rampant. This may not
be the sole reason for the falling standards of policing. Yet, it is a
major cause.
INSTINCT
The present policing system in India has too much of paper work with
hundreds of registers maintained in each station or office with tens of
forms filled up at each stage. A detailed study of the need for paper
work should be taken up to eliminate its need so that time is saved.
Computerisation is also a possibility not far away.
INTELLECTUAL ANALYSIS
The response time of the Indian police to a crisis call is unduly long
when compared to international standards. Efforts to shorten it, in
Delhi and few other places where terrorist strikes made shocking impacts
did bring about some improvements. These are only exceptions. Otherwise,
no serious though is given to the need for quick response. The
modernisation programmes which should pave the path for improving the
response time, seldom attend to this salient need.
Though efforts have been made to redeem the image of the Indian police
nothing substantial has been achieved thanks to amateurish handling of
the affair. The managers have their image development tools limited to
issuing occasional press statements when actually image development has
become a highly advanced. Field of specialisation.
CONSTABULARY.
The Indian police of the 21st century will require sub-inspectors with
their present scale of education and status in society as the primary
unit of policing at the cutting-edge level. Constables up to the level
of Assistant Sub-Inspectors of Police should be limited to the duties of
assistants without police powers and responsibilities. This will require
a huge army of subinspectors while the contabulary stands to be severely
spruced in strength.
WORK ASSESSMENT
The system of assessment of work for promotion has fallen into utter
misuse. Subjective assessments of corrupt influences must be replaced
with periodical promotions in a time scale of say, 25 years. So every
police constable retires at least as an Assistant Sub-Inspector of
Police, a Sub-Inspector as a Deputy Superintendent of Police and an
Indian Police Service Officer as an Inspector General of Police. The
officers of the Indian Police Service may be posted, on first
appointment, as Superintendents to make the career more attractive,
though not to districts directly. And dual recruitments as in vogue now,
has to be stopped to make selection meaningful.
The models created a pattern and the pattern became a part of the
system in a setup where individuality and orginality are not
sacred. The real threat lies in the possibility of this tendency
coming to be accepted as the true character of the police. This
may not take long to happen if the present goings on are any
indication.
The intelligence unit is the most abused section and its chief is
the most willing tool. Intelligence officers have a
responsibility to their organisational objectives and they ought
to work towards meeting their objectives. But misplaced loyalties
restrict the scope of the intelligence units which are seen as
the lackeys of the ruling parties and their leaders. The
usefulness of the intelligence units as political tools is so
pronounced in India that they are brought under the direct
control of the Chief Executive of the Government from the
traditional Home Department and the chiefs are the main advisers
of the Chief Executive, head and shoulders above even the Chief
Secretaries in States and the Cabinet Secretary at the Centre.
Crime, politics and the police are the 3 sides of the vicious triangle
within which democratic India and its free people are inexorably caught
today. Though wealthy industrial and commercial houses form the 4th
dimension of this unfortunate situation, their manipulative strategies
are as yet limited to trying to influence politicians in pursuit of
their interests.
The amoral side of this operation does not seen to have affected either
the police or the politicians in any way and the vile cabal against, the
Indian public works on indifferent to everything except its own
self-interest. It seems that all the actors in this tragic drama think
that the Indian democracy is a free-for-all, where they should try to
grab all that they can in a world where each person has to look after
himself.
All the maladies of the police today emanate from the politicians who
are only concerned with winning the next election. Until it extricates
itself from their grip, it cannot hope to rise above its present
mediocre level.
UNATTRACTIVE SERVICE
The accusation that no talent breeds and grows in the wilderness of the
police set-up cannot be easily gainsaid. The Indian Police Service
continues to be an intellectually poor and unattractive service in the
spectrum of the All –India services with only misfits opting for its.
The annual assessment of men and officers in the police has become a
travesty of what it was originally meant to be. In no way, under the
present circumstances, does an ACR reflect an officer’s qualities or
capabilities or lack thereof. Many therefore believe that the department
would be better off without this pernicious evaluation process that
encourages corruption and favouritism in the force.
It must, however, be said that the evils of the ACR are not inherent in
the process itself, but stem rather from the calibre of those who write
them at various levels. What characterises the rite of the ACR today is
a distinct lack of objectivity: it has become a means to personal ends,
a medium for the advancement of individual interests and even the
settlement of personal scores.
The senior officer also prevailed year after year upon other officers to
incorporate adverse remarks in the confidential reports of the junior.
Most of them obliged and this bright junior officer ended up with a
series of unsubstantiated adverse remarks in his confidential reports.
All his appeals were ignored by the Government. As a result, the young
officer was denied selection to the IPS for the next 9 years while his
far less competent colleagues superseded him on the career ladder,
though there is nothing in his career to justify such treatment.
In such an atmosphere with the maintenance of law and order in the hands
of unprincipled police personnel. Queer things take place. Long ago, a
dacoity was reported in the house of a person of doubtful character in
Dharwad district in Karnataka.
INHUMAN TORTURE
The wife and children of the goldsmith, who found him in the tourist
bungalow after endless running from pillar to post, were chased away
from the place though they could hear his agonised shrieks. The
goldsmith succumbed to the torture on the second night.
The news of the lock-up death, as such deaths are popularly called, was
splashed in local and other newspapers. The wife of the goldsmith filed
a complaint before the local court about the cold-blooded murder of her
husband.
They visited Gadag and entrusted the investigation of the case to the
compliant Deputy Superintendent of Police of a neighbouring sub-division
with oral directions to finalise the case as “not proved” before the
magistrate, who had received the wife’s complaint and taken cognisance
of the plaint.
Such stories of cruelty and criminality make the police appear like
demons. What right has the police to investigate and prosecute criminals
while it protects its own killers?
Though it is difficult to extricate the police machinery from the
clutches of the politicians, it is an important measure that has to be
undertaken at al costs in the overall interests of the country
All the 3 wings should have their own individual organisations up to the
district level with independent superintendents and staff as required.
They should function in tandem in much the same way as the army, navy
and air force do.
A PANACEA
People cannot approach anybody for redressal when they are wronged by
the Judiciary and the sword of contempt proceedings constantly hang over
their heads lest they open their mouths in public. Self restraint is the
lex non scripta of a sound Judiciary. There is nothing so fatal to the
independence and democratic traditions of the country as the delubrum of
the rule of law and justice with all its special powers and privileges
growing to be a cimmerian monster. The sickly developmetn violates the
very raison d’etre of the Judiciary. When Judiciary fails to recognise
its limitations ex mero motu, none is there to do it for it. Uberrima
fides is basic to Judiciary. When Judiciary prevaricates from its
rightful path, that rings the death-knell of the democracy and leads the
country to the ineluctable anarchy through constitutional breakdown.
LOSS OF CREDIBILITY
SPASMODIC APPROACH
India should reach a stage where the third reason which is an exception
now becomes the rule. The failure to capture Sivarasan and Subha,
suspects in the Rajiv Gandhi assassination case, is a recent event. The
chance intelligence, as early as in August, 1991, that both extremists
were holed up with others in a ramshackle house at Konanakunte in
Karnataka did not enable the Indian security forces to catch them alive
with all the time, resources and the element of surprise at their
disposal.
The reason for such bungling is that Indian security operation does not
go much beyond the multiple crack forces-Black Cats, National Security
Guards, Special Protection Group and so on. Indeed, these crack forces
are important but they are only the ammunition and not the weapon. An
exhaustive internal security plan on which all security strategies and
operations are based must be the gospel of the internal security
religion. Sadly, India is yet to have such a macro-plan to guide its
security sleuths.
PROBLEMS
India, as one of the foremost and largest democracies of the world, have
a great burden on its flabby shoulders to prove to the world that
democracy as a form of government can stand up to any dissipating
influence and hold disparate geographical, racial, ethnical, linguistic,
religious, cultural and economic factors syndetic in its pandemic prise
of liberal benevolence and serve the cause of the unity of the sovereign
country at all odds. The gauntlet India faces in this regard is made
kenspeckle by the locus standi or the country in terms of its position
as a ranking leader of the developing countries. Human nature being as
it is, the emerging atmosphere of commercialisation and material
comforts vis a vis accrescent concours for limited resources of the
Earth , makes man increasingly self-centered and more and more
adventurous and violent in his appropinquation to reach his
self-appointed narrow goals. It is true of all social divisions
including religions, language groups, ethnic divides, cultural interests
and national aspirations. Communal hatred, linguistic barriers, ethnic
clashes, cultural bickerings and threats to the national security are
orders of the day rather than exceptions with the trends betraying the
indicia of dangerous chorisis. Democracy, unfortunately, is a fertile
ground of such degenerate tendencies because of the trust democracy lays
wrongly on the basic nature and general abilities of common man. The
trust is wrongly laid for the reason that democracy fails to take into
account the reality of the limosis in man which creates all which
creates all havocs and assesses man as just a need-oriented simple
animal. Liberalisation that forms part of democracy, in cahoots with
material interpretations of life, in spite of myriad benefit and
comforts it brings with it, certainly poison the atmosphere to the
extent of comminating the very foundation of the democracy and the unity
of the country. This is where the police comes to the picture to control
the situation and save the democracy from its own vices.
India’s experiments in democracy are sui generis and stand apart from
similar experiments otherwhere by the non a such characteristics of the
country, its people, their aspirations and historical background. Though
the process of adaptation to democracy was not guided by any deliberate
plan to be different, India’s very own situations dictated terms to the
shapes to be moulded specific to its values, needs and aspirations. The
growth of India’s police remained faithful to these shapes more suo.
The reasons lie in the rulers as well as in the police. In the rulers
because it is natural for anyone to take advantage of the tools that
make itself available for use and rather preposterous to expect rulers
to shut their eyes while the police willingly offers itself for their
personal behoofs. And rulers of democratic India douse the police for
their personal and party ends to the extent that the first half century
after independence has obfuscated the distinction between the national
interests and the personal interests of the rulers as far as the use of
the police of democratic India elected to subordinate its professional
and national responsibilities to the gloria and being the handmaid of
the politicians in power. Two factors helped the process. One was the
wrong type of people at the helm of the organisation as models. Another
was the lack of proper understanding of the concepts like obedience and
discipline. These two factors together and seperately brought about
slowly but steadily the degringolade of professionalism in the police of
democratic India. The nonprofessional approach of the self seeking
police leadership at the helm to subserve the personal and party
interests of the rulers percolated downwards in the organisation as a
model and sadly accepted as the general rules of conduct by the maffled
police down below at all ranks per procurationem obedience and
discipline. The wrong model led Indian police to forget that their
primary obedience is to the laws of the country and rulers surface to
the front only as the representatives of the laws of the land and ergo
secondary to the sacred police responsibilities. The police in new
dispensation forgot the cardinal principle that they are subordinate to
the rulers faute de mieux and their profession dictates them to exercise
policing duties even against those rulers if the laws of the country
find them doing wrong. These serious professional lapses not only
weakend Indian police, also damaged political system, social values and
the credibility of Indian democratic process. Ignorance and lack of
interest is part of the Indian public in general and intellectual class
in particular in the police system and its time to time devious shifts
added to the malady in the form of giving free hand to the police to
evolve itself sans restraint and sound guidance.
Adaptations to political masters as a bargain to secure key posts prove
fatal to the dignity as well as professional values of the police setup.
A police officer of a state in southern India succeeded in cornering the
coveted post of Police Commissioner of the State Headquarters a few
years back by the support of politician known in the then political
parlance as the “ Father, Mother ‘ of the Chief Minister of the state. A
few days' afer, the politician in inebriated state was arrested with his
associates while fleeing in a car late night after involving in a sex
scandal involving a budding film star. The police official who affected
the arrest recognised the identity of the person he arrested only after
the arrested persons were brought to a nearby Police Station in the
city. The police Commissioner was intimated about the developments. The
Police Commissioner promptly made his appearance in the Police Station
in the night and ensured immediate release of his political godfather.
But, the political heavy weight in temulent state was impacable. He
caught the uniform collar of the Police Commissioner in front of the
shocked lowly officials of the Police Station and shouted at the Police
Commissioner in his inebriated voice whether he made him Police
Commissioner to arrest and bring him to the Police Station through his
juniors. The Police Commissioners was seen meekly begging the politician
to pardon him. The incident made headlines in newspapers. The Police
Commissioner later rose to become the Police Chief of the state and
retired now. Such incidents abound in circumstances of Police Officers
vying for coveted posts a tout prix and as a consequence, the dignity of
the posts lowers and the professional qualities of the organisation
suffer.
Present India do have an adequately large and sturdy framework for the
police apparatus in terms of organisational strength and budgetary
provisions to sustain it. Only the canvas held by the framework is
flabby and limicolous. This predicament per se speaks aplenty about the
very cause of it. For one, the fact that an adequately large and sturdy
framework or organisational strength and liberal budgetary provisions
available for the police setup is clear caract of the willing political
patronage to the apparatus; it sine dubio proves that the rulers
recognised the import of the police in running the administration.
However, the flabby and limicolous canvas ab intra speaks of the
nonprofessionalism under the sound political patronage. This adds up to
the close links between politics and the police for nonprofessional
purposes, possibly with criminal intent as nonprofessional police
approach mostly suggests criminal angle in view of the professional
police concerns mostly being focussed on crime control and crime
prevention. Unfortunately, India has passed a long way in this
undesirable links to the lengths of being cannot easily retract its path
to cleanse the augean stables of the police organisation now.
ORGANISATIONAL MEASURES
An earnest effort from the highest level to infuse the crème de la crème
characterised by genuine human stuff, probity and commitment is the
foremost need of the police. The prevalence of police administration
over general administration in the survival of a nation as a democratic
and orderly country necessitates changes in recruitment policy. This is
to ensure that only those with a deep natural humane disposition step
into the police so that the arrogance and savagery bred by the
environment do little harm to the public and the tenue of humanism
continues alongside policing work.
The chief cause of the police seldom being humane in Indian is its
ineffective training facilities. In spite of adequate infrastructures
available for police training in India, these centres largely fail to
offer quality training to humanise a recruit adequately to stand up-to
the challenges of the temulence of the arrogant and feral environment
that policing breeds. An overhaul of the extant training facilities in
terms of quality, content and character in favour of humanised policing
practices in inevitable to keep the police excubant against the
depravity of the modern society. There has to be a psychology faculty in
the centres to build character and strengthen human fibres. The training
centres should lay emphasis on attitudinal change in recruits and
develop the skill of humanised policing. The training centres should
give the impression to the public of being temples dedicated to
humanising the police apart from actually being so.
The strenuous nature of policing hardens the police in spirit and mind .
A measure of creative activities like literary interactions, exposure to
poetry and fine arts, musical performances etc besprent in the precious
spare-time between policing hours intenerate the man behind the police
façade and resiles him to his natural human tendencies. Artistic
activities counterpoise the damage done to the man by the role-pay of
policing and open him up to the halcyon clime of the ideal and imaginary
world, far removed from the hard and brusque realities of the police
life and make his life richer. Exposure of the police to social service
activities acts as the celestial surgeon to enrace mellowness and
dignity to the police . Interaction with people from the plane of
oblation sinks the policeman from his inflated self to the roots of his
genuine feelings and concerns and conditions him to respond to the
vicissitudes of the environment. It opens up a new vista of feelings and
experiences that make life richer and meaningful au reste sensitisation
of the self. The social service activities as a form of servilitude to
mankind and a voluntary involvement with the people abserge the
temulence of power and abraid latitant human tendencies in the policeman
to bring to the surface his pristine self . It is left to the police
leaders to include social service schemes in their human resources
development programmes in an endeavour to humanise the police.
IMPORTANCE OF SELF-IMAGE
Motivation and deterrence are opposite facets of the same coin that pay
for attitudinal, change. Deterrence, although an extra force to the
system, is an effective wherewithal in materialising mobility in an
intended direction as an addendum to disparate motivation factors.
Efforts to humanise the police call for the apposite employment of
deterrence to inhumane acts by way of exemplary punishments. The
prevalence of means over the ends should be made the cardinal principle
of policing. The ends, however eximious they be, should not find
recognition by the police if the means adopted are mean and deplorable.
All inhuman acts by the police should be met with heavy punishments and
an atmosphere of social ostracisation of such elements should be created
in the force. The realisation that the police are ordinary people and no
criminal acts committed in discharge of official duties would extricate
them from the ensuing, liability should be made crystal clear. An
ingenerate sense of regard to people, oblivious of their locus standi in
the social ladder, can be generated in the police by instilling a mortal
fear of inhuman acts through exemplary punishments. The fact that
policing is a human service au fond does not justify adoption of feral
methods in policing. Adoption of violence and savagery by the police
gives legitimacy to such methods in the public eyes and thus weakens the
orderly fabric of the society. Violent methods like employment of third
degree in interrogation to obtain quick results in preference to the
tedium of swink’t investigation weaken the image of the police already
weighed under by pressures of work.
The proclivity for role –play is a major driving force in the process of
motivation. People who enter a new setup, look to their new environment
for the role they should assume and the setup tenders them homo coloris
in conformity to its own image. People joining a humanised organisation
play the role of humaneness to fulfil their esurient urge to identify
with the setup. The in-service image of an organisation is a powerful
springboard that sets it to actuate that image. An in-service image as a
humane setup is de rigueur if humanising the police is to grow as a
tradition. The very reputation of the police as a humane setup limits
the options of the insiders against acting antilogous to its reputation
and thus exert an invied pressure to rise to the expectations of the
organisation that owns them. The process of building a humanised image
ab intra requires the assistance of skeely image-building technicians
and adroit operations by police leaders. This forms the desinent and
vital stage in humanising the police.
The informal involvement covers the use of citizens during the policing.
The help the citizens render to police varies from being informers,
witnesses and signatories to various panchanamas in criminal cases to
patrolling in groups in strife-stricken or dacoity-infested areas at
nights. These duties are principal to the success of policing. The skill
of the police in enlisting the cooperation of respectable citizens plays
an important role in making policing successful. Not much attention is
given to this skill in the present scheme of things in police. The
result is poor policing for lack of involvement of the people. Stock
witnesses are the order of the day. Willing cooperation of the public in
policing is a rarity. Police are more hated, feared and distanced than
respected and helped.
The complacency over peace in Punjab was shattered by the bomb blast
that killed Punjab chief minister Beant Singh in front of the Punjab and
Haryana secretariat building at Chandigarh on August 31, 1995. The
assassination vindicated the axiom that superficial calm in a situation
of serious conflict can be deceptive.
The fact remains that there was no social base to militancy in Punjab
even at the best of times. The close family links of Sikhs and Hindus
with often both religions coexisting in a single home and family render
the demand for Khalistan rather unrealistic and shallow. Issues like
Chandigarh and water and territorial disputes with neighbouring states
scarcely arouse the passions of the hoi polloi among Sikhs. Lives,
finance and peace having been shattered by 15 years of insurgency and
insecurity, they are keen to establish themselves in an atmosphere of
peace. The murders, extortions and rapes which the terrorists indulged
in rubbed off the sheen of martyrdom from their names.
The new chief took charge of the post just the previous evening of the
assassination, after the post being vacant for a period, as the officer
originally transferred to the post was reluctant to hold charge and went
on leave.
The reasons are many. The most important lies in the police culture
itself-its inability to look beyond certain barriers it raises around
itself; its failure to see a human being as he; its incapacity to see
its relevance to the common man outside the power structure; its
inveterate indulgence with powerplay; its deviant interpretations of its
role in the rule of law and, above all, its scant respect for means (in
achieving the end) The result is the police siding with the wrong-doers
in the clashes between individual and national or other social
interests, leading to popular condemnation of the police.
The basic question is whether human rights violation is sine qua non
with safeguarding national and the larger social interests. The second
is whether such violations are justified in the cause of such interests.
The third is what are the limits within which violations are confined,
and who imposes these limits and by what mechanism. What would be the
situation if the police who indulge in human rights violations to
protect national, and social interests are thoroughly corrupt, immoral
and unworthy of any trust? Answers are desperately needed.
Where does one draw the line between the larger interests of the country
and the violation of human rights? Blame is shifted from one level to
another whenever the police is pulled up for human rights violation
during action. The top brass blames the field officers for excess while
the latter blame the bosses for exerting pressures to show results
without any guidelines to protect human rights.
The truth is that the police, at all levels, and its administrators are
to be blamed, that none among the police and their administrators really
bother about human rights and their violations, least of all during
actions which expose them to tremendous risks. It is a do-or-die
situation. Once on a dangerous course of action, the sole aim of the
police is to succeed in the operation by whatever means. Moral questions
such as human rights violations and the public agitation likely to
follow do not matter, considering the dangers they face in carrying out
the task. It is a crisis and the tendency is to somehow overcome the
situation irrespective of what the future might hold. The administrators
know that excessive checks and moral fears blunt the killer instinct in
the policeman and affect the chance of his success in the field. The
authorities up the hierarchy also believe in succeeding somehow rather
than play by the rules. This is the crux of the matter regarding human
rights.
Human rights take precedence over national and social interests and
transcend religious and moral issues. Human rights become a sensitive
issue only when they clash inter se and invite a decision on basic
issues. The question is who is to judge such basic issues. Certainly the
decisions cannot be left to the whims and convenience of the police.
The human rights is the spine of policing must be made an integral part
of the police culture. This is absolutely necessary. Only such emphasis
restrain the police from indulging in violations.
Human rights are the natural rights of the human race as well as the
laws that help make social life possible. This gives a legal slant to
the issue. The legislature, in a democracy, decides how much of such
rights could be surrendered in common interest. The legislature by
promulgating laws and the courts by interpreting them delineate what
natural rights constitute inviolable human rights violations are an
issue between the legislature and the judiciary on the one hand and the
executive, which is the police, on the other. For the fear-struck
citizens, it is an issue between the helpless them and the arm-twisting
Government. In simple terms, human rights violations involve violating
the basic rights of life, liberty and human dignity beyond the limits of
the law. The violations may be committed in the acts of execution,
confinement or torture. It is basically the use of power beyond the
scope of law for certain ends and is not committed for any noble end.
Such violations are common in secret service operations; in emergent
situations, say, when separatists or terrorists are active or dangerous
operations of foreign agents are suspected.
HARDENED CRIMINALS
Another reason why acts of human rights violation will not put an end to
crimes is the criminals get hard and wish to take revenge and embarrass
the establishment. This is how resistance grows. This is what happened
in Punjab, in Kashmir and in Vietnam in the Sixties and the Seventies.
Another impact of the violation of human rights by the state is the loss
of fear and respect for the authority of the state. Once subjected to
third-degree methods during interrogation, a petty criminal comes out as
a hardened criminal. A government devoid of moral authority cannot rule
at all.
The tragedy about Indian law –enforcers is that they are keen on the
immediate show of results to earn the appreciation of the higherups, in
the process relegating to the oblivion the need to find lasting
solutions. That is why the violation of human rights is on the rise as
efficient and ingenious policing is less preferred. This is true about
managing law and order issues as well as investigation of crimes.
But this is not unique to Indian police. The police and the governments
of almost all the developing countries suffer from the syndrome, the
problem being acute in non-democratic countries.
IN DEFENCE OF JUDICIARY
Judiciary deals with and justice pertains to specifie cases and an
individual’s past, present and repute have nothing to do with justice
and judiciary, as for as it does not entail with the case under
adjudication to surface the truth. Judiciary, in its present system, can
not bother about a person’s history and other attributes as much as how
his particular act wronged an aggrieved party. Judging the judgement of
the judiciary extra muros of this scope is a great disservice to the
judiciary and the people whose right’s cardinal guardian is the
judiciary. After all, wrong committed is wrong whether it is committed
by a person of honesty and integrity or by a person sans the virtues.
The reason that a wrong is committed by a person of honesty and
integrity, does not abate the incisiveness of the injustice to the
wronged party. In the circumstances, berating judiciary for punishing a
person for committing a wrong, just because the person enjoys a good
reputation, is travesty of reasonableness. It is in fairness to presume
that the judiciary which is posted of all aspects of a disputed issue
for years, studied them in pro rata importance before pronouncing its
judgements in all its variance. Such a faith in judiciary is sine qua
non until myriad slip in part of the judiciary in major cases of
national importance disturb the national conscience at all strata to
prove, sine dubio, that the judiciary no more remains the cardinal
dispensor of justice. Taking judiciary to task in other circumstances on
the basis of punishment awarded to an individual or a blessed section of
the society for a proved wrong as the judiciary sees it or for the
quantum of punishment awarded as the judiciary sees it in its wisdom as
right vis a vis the injustices heaped upon the plebeian everyday in
India by various government bodies and civil servants sans an easy
recourse for justice and for that reason, accepted in mute suffering, is
height of unbalanced appropinquation in public affairs.
In the process justice suffered. In the process hoi polloi whom the
judiciary has to protect from injustices heaped upon them by the mighty,
suffered. But, judiciary was complacent about its dormancy and
impervious to the sufferings of the wronged people. In government
circles, a situation has reached wherein it is generally accepted that
pleading with judiciary for justice against injustices in service
matters bring nothing more than waste of time and money, for, court
judgements at all levels of legislature-executive combine are
circumvented as a rule rather than as an exception and everybody knows
that no justice can be expedited by any court of law. It is a good tide
of events that the judiciary has awakened now. It started to see its
responsibilities to the common man more clearly and started to assert
selon les regles. The nation should have celebrated this change for
better rather than a few opinion leaders rousing public opinion against
judiciary for punishing some who treated judicial pronouncements with
scarce respect and ignored the commands of the rule of law to further
suffer wronged parties in pursuit of the deplorable tradition of
ignoring justices and fairness in administration.
An awakened judiciary has to break a new path to show that what was
happening to judicial pronouncements was not right. It has to choose a
time-may be yesterday or today to tomorrow or someday to do this. It
chose a day and acted to show the gravity and seriousness of its
judgements. In the circumstances, questioning the judiciary’s will on
the basis of why today, why not yesterday and why not tomorrow, is
rather preposterous, for such a change in the judiciary’s approach
either yesterday or tomorrow can be posed with the same doubts. And
certainly judiciary cannot continue with its sedentary responses for
contempt of its judgements for the fear of breaking the path of dormancy
of old times even after being awakened to its footle. None should fault
the judiciary for what it is doing.
INTERNAL ORIENTATION
INTERLINKED
The police play umpteen roles as executors at the grassroots level. They
are basically performers, actual doers in the field. Passion is the
normal trait of action. Objectivity and justness seldom give company to
those who act to show results. Expecting selfless traits in policemen is
akin to waiting for rain drops to fall from bright white clouds. The
policemen perform their duties with normal flair and loyalty while put
in service of justice. Only they lean towards the rich and the powerful.
Every person thinks he is right and every criminal is just in his own
assessment. Every act of a human being has its own logic, reasons and
justifications. This is true of the police too. Every encounter, every
lockup death, every third-degree method, every wrongful confinement,
every illegal arrest and every excess committed by the police has its
own justification. It is irrelevant how the justifications appear to
outsiders. You seldom find a policeman confessing to a wrong or an
excess committed. Commissioners have explained away the gunning down of
innocent citizens by subordinates in broad daylight as a case of
mistaken identity. We have any number of cases of senior police officers
colluding with subordinates in destroying evidence of lock-up death
cases.
The cause of failure of the police lies more in the system’s failure,
the character of its main players, deviant job culture and wrong
leadership than in the concept of policing. Police in an inappropriate
milieu may turn into a monster.
These days the executive heads of government opt for their own men in
the police force to head premier investigation agencies; political
rivals are investigated and charge-sheeted on flimsy grounds while cases
of national significance drag on. The police is reduced to the state of
a tool of political revenge in this power game. In the process, the
police loses its credibility as a nonpartisan player and an infallible
tool of establishing justice.
Police stations are pillars of the law and order police reticulation
with district police offices in districts and police commissionerates in
major cities at regional levels and state police headquarters at
provincial levels beholden to the responsibility. Intermediary levels
like circles, subdivisions and ranges coordinate the work
interterritorial. Armed forces are maintained as reserves at regional
and state levels in addition at the centre to assist the law and order
police in highly disturbing situations. These are striking forces,
specially trained to handle serious lacunae of Indian law and order
police is that no special training facility is available for its staff
for actually dealing with the quotidian law and order issues. It is
rather crude to expect the police to depend on past experiences and
untrained personal faculties to meet professional law and order
challenges. The lapse leads to arbitrary handling of law and order
situations sans sound and uniform policy save peripheral measures to be
adopted before and during use of weapons and opening fire. The only help
available to an official on the field is the general guidelines of his
seniors who are equally illequipped to handle those situations. This
complicates situations during actual actions by depriving the elements
of mutual understanding among the police and the subjects as a natural
and essential factor of successful policing, and ipso factor creates
chaos. The situation can hardly be called as professional policing of
law and order. The uncertainties of each law and order issue added to
it, make handling of law and order in India, a pure maelstrom.
INTOXICATING POWERS
TOOLS OF PATRONAGE
Powers enjoyed by the police to control and contain vice dens and rowdy
activities provide a new dimension to the importance and manoeuvrability
of the law and order police. Powers are two-sided weapons employed for
punishment as well as patronage. Human nature being what it is, the
police use its wide powers more as tools of patronage than as tools to
check rowdyism and vice dens in absence of professional commitment and
motivating factors to guide them on right lines. Organised crime
syndicates vie inter se for the favour and patronage of the police that
ensure the smooth sail of their anti-social activities and protection to
the gang. The gang that gains upper hand in the race rules the roast
till the key figures in the police responsible for the patronage remain
in power with the tacit understanding that the gang operatates within
certain limits to save the police from undue embarrassments plus a
subterranean arrangement to share the res gestae. The importance of the
police being what it is for the survival of these organised crime
syndicates, the importance of having right police officials in key
positions for these gangs cannot be overemphasised ; this leads to huge
amounts changing hands to ensure that particular police officials are
posted to particular law and order jobs. The end–result is happy and
secure crime syndicates in highly lucrative vice business under police
patronage at the cost of unassuming citizens and a contented and richer
law and order police running the show without a fluster of major law and
order scene. The hoi polloi too are contented because there are no major
disturbances and crimes with the underworld crime lords on the right
side of the police. Only they do not know how they are looted ab intra
and their unsuspecting character is taken advantage of and ravaged by
the conspiracy of criminals and criminal-baiters namely the law and
order police.
Any shakeup in key positions of the law and order police leads to the
problems of maladjustment among the crime syndicates for superiority and
between the police and the crime world with gang-wars and ascensive
criminal activities creating real problems to the police. Once the
police come to terms with the crime gangs again, situation returns to
normalcy. Refusal by a four square official in a key law and order slot
to cooperate with crime syndicates invariably leads to further
disturbances till the official is either brought to heels or transferred
out to placate the disturbed powerful gang-lords. It is a rather triste
affaire of Indian police that the resolve or the killing instinct to go
tough with the crime syndicates that play the police by their little
fingers is just not present there. More distressing is how upright
officials who choose to fight powerful crime syndicates without yielding
to the temptations of easy and comfortable life feel isolated when
seriously let down and compromised by their own organisation by denying
support at the behests of the powerful crime lords on the mendacious
plea of maintaining peace. In a case more than a decade old, a young
Deputy Commissioner of Police in the port city of Calcutta in West
Bengal fell foul with a powerful crime syndicate operating from the port
area and patronised by a powerful politician in power in the state. He
was lured by the gang to pursue a criminal into the strongholds of the
gang in the port area; caught, horrendously tortured in captivity and
later lynched. Though criminal cases were registered later, nothing came
out of the case. This way a living lesson to upright police officers who
dare to take on powerful crime syndicates.
POORLY ORGANISED
All said and analysed, the impact of Indian police on the management of
law and order scenario cannot be called satisfactory. The Indian
scenario is based on a few age-worn cliches devoid of professional
expertise, academic input and creative genius; the methods employed are
rude at best and arrogantly provocative at the worst. The whole range of
law and order management techniques of Indian police can be formulated
in a few crude catch-words like mediations or warnings followed by use
of force. Indian police have no in-build advantages of researches to
various types of law and order situations, psychological variables of
divergent law and order issues their social and political potentialities
and group dynamics, law-breaking tendencies and identification of and
communication with potential law –breakers, stratified use of police
powers at differential situations, application of latest psychological
techniques to field situations or rehabilitation vectors. Nor their
performances are up to the expectation in traditional contrivances like
effective use of weapons, strategies and tactics of operations and
techniques of mediation or warning. The riot control weapons used by
Indian law and order police are yet age-old lathi and tear-gas shells;
such common weapons like water jets and plastic bullets are beyond the
reach of police in most parts of India. Nor is there a perficient
machinery to gather information and intelligence pertaining to law and
order issues. The district and police station level machinery devised
for the purpose are illequipped for the enormous job because of their
limited size, resources, expertise and professional training. The law
and order police often depend on the state intelligence unit which with
a scope different from the local law and order needs, may fail the law
and order police. The intelligence failures of the law and order police
contributed for eruption and spread of law and order disturbances in
many instances. A striking recent example of such a failure of
intelligence is the Veerappan case wherein the combined forces of
Karnataka and Tamilnad police failed to humble and bring to book the
notorious forest brigand Veerappan who operates from the forests
bordering the two states. Though the operations by no means are easy,
the failure of the efforts for ten long years speak volumes about the
strengths and weaknesses of Indian law and order police.
The most precious aes triplex of a law and order police is its
professional honesty and commitment to the objectives of the profession.
The selflessness, impartiality and the sense of justness and fairness
bred from such a professional commitment endear the police to all
including its friends and foes. The trust and respect ensue from this,
take the police along way to success in its professional endeavour and
protect it from enormous professional hazards and risks common to the
job. Once this trust and respect are breached by immoral and illegal
slants in discharge of responsibilities lucri causa and other selfish
causes, the police are exposed to the wraths of the public and the
assaults of its foes and those crowds wronged by it. By prevarications,
the police are protecting neither their job interests nor the interest
of the country and its people; nor their personal interests are
protected as no gains made at risk to the life is worth the trouble.
Indian police seld book so long and open eyes to look around. Once they
stop to shed their professional arrogance and see the mine-fields
underfoot, they realise the bevue they commit and may pursue a path
befitting the diginity of their great profession.
LACKING VIGOUR
Crime investigations continue to be influenced by political
decisions in spite of periodical judicial reviews of investigation
process of important cases, says Praveen Kumar.
Independence half a century back marks the greatest turning point in the
history of Indian police. It marks the end of the 88-year history of
policing on modern lines under the Brithish Raj which began with the
enactment of the Madras District Police Act of 1859 and assumed
countrywide acceptance with the enactment of the Police Act of 1861.
Independence marks the beginning of the history of Indian police under
Indian hands in a democratic milieu unlike of yore though in form and
contents they were its continuation.
PLAYING SAFE
Criminal cases filed against those people invariably fell through for
lack of purposeful investigation and the trend led to the belief that
powerful people are beyond the reach of law. Recent judicial activism
changed the myth and infused a new vigour to the judicial and
law-enforcing systems of the country. But, an investigation agency doing
its legitimate duties under the pressures of the judiciary cannot be an
adequate compensation for doing the same works with a missionary zeal of
professional commitment. Indian investigation agencies at both the
national as well as regional levels are far from any professional zeal
and investigating skill seen in internationally acclaimed investigation
agencies like the Scotland Yard of England which provided the model for
the CBI and other regional investigation agencies of the country.
Sadly, Indian counterparts adopted only the form and not the spirit of
the Scotland Yard and thought it best in its indigenous wisdom not to
stir the hornet’s nest by going active and radical after the FBI of the
US
LACKLUSTRE PERFORMANCE
Recent developments in the national crime scene of India like the CBI
investigating top political leaders of the country for involvement in
various scandals of national importance has not changed the situation of
investigating agencies of India. Crime investigations continue to be a
factor of political decisions, in spite of periodical judicial reviews
of the investigation process
For every action, there is an equal and opposite reaction. This is true
in the field of Indian politics as well. It is significant that after
the Supreme Court of India took active interest in the investigation of
crimes involving top leaders of the country, a new trend has surfaced
with the post of the CBI chief being invested on somebody from the cadre
of the state from which the chief executive of the government hails, as
if to counter the pressures of the judiciary on the investigation
agency. This was true in 1993 and again in 1996.
The new trend only makes clear that everything is not well in the
administration of the investigation agencies of the country and
pressures and counter-pressures have a great say in the process of
investigations of those investigation agencies.
JUDICIAL ACTIVISM
The judicial activism of the Supreme Court on the other hand is not
restricted only to the cases investigated by the CBI. In a recent case
of investigation of medial seat scandal involving prominent political
leaders in a state, the Supreme Court directed that the chief of the
state CID investigating the case should not be transferred out form the
CID without the permission of the court. The Investigation was
transferred to the CBI in 1996.
The basic issue is why judiciary should do the legitimate works of the
heads of investigation agencies in safeguarding the objectivity of the
investigation process. The very fact that there is the need of judicial
interference in the legitimate works of investigation agencies strongly
suggests that the investigation agencies are seriously ill. While
investigation agencies honestly and professionally discharge their
responsibilities towards fair investigations, no judiciary can even
afford to cross the sacred halls of their legitimate duties in violation
of the sensitivities of the investigation agencies and invite righteous
wrath of the public opinion. The investigation agencies and the public
are aware of the extant situation in investigation agencies and
therefore the interferences of the judiciary in investigations are not
only tolerated, but also welcomed by all sections of the people.
SYMPTOMS OF ATROPHY
Most cases of Kidnapping for ransom are never made public nor reported
to police, Demands of the kidnappers are met posthaste and release of
victims is obtained. Reasons are many. Kidnappers who are after big
money and professionally operate, conduct more than adequate research
about their target to ensure that the target is not only capable of
meeting their demands, but also efficacious of coughing up them in
private to secure the safe release. Secondly, the strike is mostly
against people stacked with unaccounted money, who therefore dare not
public scrutiny of their ill-gotten riches and prefer private
settlement. The low credibility of the police in respect of its
competence and commitment in handling such sensitive cases adds to the
misease of the maledict victim. Added to this is the fear of being
forcibly led by the unenlightened police to commit insensitive acts that
may endanger of safety and security of the kidnapped persons.
UNEQUAL POLICE
ROMANTIC IMAGE
In the age of high-money operation run through bank securities and other
banking channels, huge cash in hand is a rarity. This added to the
age-old stigma, makes conventional property offences like theft, HBT,
robbery and dacoity lean and nonglamorous crimes. On the other hand,
crimes like bank robbery, kidnapping for ransom and mega-fraud foot the
bill as glamorous crimes in the extant high-money world and yield
enormous grists unheard of in other crimes and make the criminals
instant heroes. The elaborate plans, strategies and efficiency involved
in the crime give an intellectual slant and bring the elements of
adventure and thrill to the whole affair. The romantic combination
prompts adventurous and ambitious unemployed youths in drones to take to
the crime.
CRIMINAL OUTFITS
Many criminals take to kidnapping for ransom as a means to sustain their
criminal outfits engaged in other major criminal activities. They kidnap
rich persons from the surroundings to meet their monetary besoin.
Notorious forest brigand, Veerappan, operating in forests bordering
Karnataka and Tamilnadu used to extort money from the owners of granite
mines in the areas of his operation. Any resistance was met with
kidnappings for ransom. This forced Karnataka Government to ban all
mining operation in the area. ULFA activities played the same trick in
Assam with tea estates. The arrest of top officials of Tata Tea Ltd. In
1977 on the charges of sedition inter alia for providing huge funds and
other services to banned ULFA terrorist outfit threw light on the going
on in Assam for years under the pall of the threat of kidnappings.
Other criminals take to kidnapping for ransom by the lure of the res
gestae of the crime and the easy money involved. These criminals with
importable lure for easy money spread like wildfire in Indian crime
scenario and pose threat to the fabric of safety and security of the
country. Ambitious and der-doing unemployed youths constitute the core
of this group of criminals. Unlimited riches around, unfulfilled besion,
own frustrations, the thrill of violence and the promise of belle vue
offered by criminal life as seen in television, cinema and cheap
literature together spur faex populi to make it big at a single sway by
taking kidnapping for ransom.
The crime provides ample scope for the bluette of ingenuity. It allows
for immense freedom of action and strategies depending on the mental
calibre and material resources of the criminals. Right strategies,
efficient brasstacks and pernicketiness can make the crime a foolproof
operation. This is an inviting challenge to any resourceful and skeely
criminal. Use of hi-tech communication, transport and weaponry system
makes the crime a highly sophisticated operation. An elaborate and
hi-tech kidnapping operation for ransom involves huge money. In the
circumstances of de trop riches and plush targets capable of huge yields
as res gastae of a kidnap effort around, intelligent and enterprising
criminals take it as a good investment. Liberal spending in the stage of
reconnoitre is the hallmark of criminals resorting to this crime. They
hire safe-houses at posh areas at exorbitant rents, wear rich dresses
and move in luxurious cars while preparing for their strike. The
criminals in Nirmal Jaipuria kidnap case of Bangalore of 1977 who made a
ransom demand of Rs.5 crore, hired a house in Bangalore as the centre
for their operations at a rent of Rs.1.5 lakh a month for three months
prior to their strike. An investment of a few lakhs of rupees is more
than worth in an operation that promises to yield Rs.5 crore in a single
sweep.
Cases of kidnapping for ransom pose a tough gauntlet to the skill and
ingenuity of a police professional. His competence is openly on test
while criminals negotiate ransom with the victims. This is the stage in
which the scelerate ingenuity of the subdolous criminals is in excelsis
while providing the real opening to the police to catch the criminals
red-handed. The incertitude of the situation bring the true skill of the
police to the acid-test. It is a live challenge to the police- a
climacteric. His single faux pas in the glidder path of his manoeuvres
may make life and death difference to many. The knowledge makes him
nervous. The albatross gives him delitescent strength and drive to move
him forward with a resolution to succeed. This is the real moment of
policing. The thrill of real policing lies in such live moments and real
joy in bringing relief to the people in real distress.
The cause of failure of the police lies more in the systems failure the
character of its dramatise personae, deviant job culture and wrong
leadership than in the concept of police. Police in inappropriate milieu
may turn into a Frankenstein. It is like a herd of tamed elephants in a
khedda operation. Lack of direction, weak management and poor
organisation turn the tamed rogues on rampage against the organisational
goals instead of bringing of knees the ferae naturae. Remedial measures
have to be found for the prevarications rather than blaming the police
tout a fait.
Recent past saw executive heads of government opting for their own men
in the police force to head the premier investigation agency of the
country and political rivals being investigated and chargesheeted at
politically opportune times on flimsiest grounds while cases of national
significance on sound footing were dragged on for decades wantonly.
Often, ambiguous entries in diaries to prove bribery and old photographs
together in public functions to prove collaboration became conclusive
evidence to proceed against inconvenient political leaders. It was a
scene of every successor hurling criminal cases against his predecessor.
Police reduced to a tool of political revenge in this powergame. In the
process, the police lost its credibility as a nonpartisan player and an
invincible tool of establishing justice. It is a pity that the lee-way
police enjoy in policing contributed to its loss of face and spine by
its patent sequacious comportment and lack of passion to the case of
justice.
Police is not the odd-job boy of the government. It is not the hand-maid
of politicians in or out of power. Police is an organisatioon of
professionals committed to the safety, security and well-being of the
country. Justice and rule of law are the litmus tests available to
achieve these ends. Once police miss the bus of justice and the rule of
law, their goals of safety, security and well-being remain a distant
dream. They lose the credibility and respect of the public, so essential
for effective and perficient policing. The fear the police inspire can
not take it far in absence of credibility, respect and sympathy of the
public. Once the police lose their usefulness in political and power
gameplans consequent to losing public credibility, their political
patrons will discard them like used condoms. The best bet for the police
is to be professional and committed to their responsibilities towards
the administration of justice. Police would forget this need only at
their own peril. Doing anything violative of its raison d’etre like
sabotaging the course of justice will prove to be fatal to the relevance
of the police for the society.
The worst curse for India is the classification of people on the basis
of birth with the lower strata being denied equality of opportunity for
growth and a decent life. Post –independent India, as a welfare state,
took a number of measures, both constitutional and legislative, to erase
the sins perpetrated on the unfortunate sections of society, like
removal of untouchability, prevention of atrocities, reservations in
jobs and providing educational opportunities. Such measures are not only
the compensation India must pay for having deprived some of its children
of their growth opportunities, they are also a kind of remorse the
country suffers for its past sins.
But the cardinal question is the direction such measures must take.
Wrong policies in such matters may not only fail to make the measures
efficacious; but may also block the existing opportunities. It may
weaken the country’s social fabric and pose a real threat to even the
existence of India as a country. The policy of job reservation in civil
service carries the danger of undermining the quality of the steel frame
and deprive India of its main binding force.
The victims of the age-old stratified class system deserve many more
special privileges. They need easier access to educational opportunities
to prepare them for higher slots in life. Hence, the need for
reservations in educational institutions. To remove their poverty for
which Indian society is historically responsible, they have to be
provided with easy finance, whether for higher studies or business
ventures. Perhaps, an apex development bank with branches in all
districts exclusively for their financial needs of a non-consumptive
nature has to be set up to provide funds at a nominal rate of interest.
Liberal scholarships, concession in or exemption from application fees
for jobs, a wider network of board and lodging facilities for students,
special vocational training for men and women, concessional hostel
facilities for working men and women, easy housing schemes, free
advanced medical treatment, etc are other schemes for the
underprivileged that may help to bring them on par with the rest of
society, without in the process affecting the quality of its governance.
Basically, democracy signifies the rule of the common man. But this
definition applies principally to the political system and not to the
civil service which is expected to be the spine of democratic rule. A
sound civil service draws the boundaries of governance within which the
democratic system must function and also inspires a sense of moderation,
discipline, fairness, legality and reasonableness in the political
leadership. It absorbs the shocks of political follies and helps the
political leadership in taking sound and intelligent decisions.
The well-being of the repressed classes of the India depends upon the
survival of India as a single nation and therefore on the quality and
soundness of the civil service. Measures like job reservation are bound
to be counter-productive by weakening the civil service structure.
Quality and excellence are inseparable from pride. Any allowance to
mediocrity leads to flight of quality and excellence till mediocrity
completely takes over. This is what is feared about the present India
civil service thanks to the reservation policy.
OPTIONS:
The choice is bifocal to redeem the situation: either select only the
people of right orientation of larger interests in heart or inculcate the
right orientation by right training, right practices and right job culture
on those who are selected. The process of selecting the people of right
orientation to the behemoth of government service of Indian dimension is
easier said than done. The Indian institutions constituted for the purpose
are too ill-equipped for the job and too steeped in inefficiency,
corruption and lack of positive approach for any perficient performance
even in responsibilities of far lesser magnitude. India has no alternative
but to go for the latter option of inculcating the right orientation.
The second option at best is a weak shadow of the first. Its tools are
directed towards attitudinal change. The tools are too weak for the
immanent changes warranted even if presumed that right training, right
practices and right job culture to bring about the new avatar exist at
all. Human nature is too complex for such an easy metabasis. Right tools
are becoming ascensively far afar to find in the extant power-hungry
milieu of the present government service. The legacy of the colonial rule
in power-centric governance continues even after more than five decades of
the independence. The prise of the power-orientation in preference to
service-orientation is accrescently going tenacious in government service.
Combined with the fact that lesser mortals are now joining the fray of the
government service courtesy selection institutions nonpareil to the job,
the situation can only be imagined. People of all kinds join the service
and indulge in all kinds of loots and sins. People accustomed to long
colonial rule are taking umbrage under the Karmic Law as the misdeeds in
name of governance by their own people are found to be the ineluctable
reality of life. They take epinosic satisfaction by the facts that the
situation is worse in neighbouring and African countries. We are taught to
be patriotic and committed to the country and the government which sins
against us. We are perorated with such inutile plangent phrases as ours is
the biggest democracy in the world and we are a nuclear power ad manum to
be a super power of the world that signify nothing to most Indians weighed
down with misrule. Only right orientation in government service can save
the country from the entoilment and spread a new entrainement in the
people.
LARGER INTERESTS:
The raison d’etre of the government service is its orientation towards
larger interests en face the extant tournure of the narrow interests
critical to human nature. Larger interests imply a sense of right and
wrong, sensitivity to others’ sufferings and a genuine love for the human
kind. Even after presuming the exiguity of such noble qualities in the
ambience around, the standards existing in the extant Indian government
service is far from satisfactory and horrific tout court by any standards.
It is just perversion drunk by the temulence of power. It is erratic to
say the least. It is insulsity at best and perversion at the worst. It is
twisting rules and procedures to meet self-interests al piu. What is
striking is the fact that it has become the culture of the governance of
free India. India has become free perchance to let its government service
to have a dissolute culture of its own choice sans interference ab extra.
This seems the ground reality of the last five decades of the Indian
independence. An example illustrates assez bien the degringolade of the
government service and those who man it.
WRONG MODEL:
A Mathematics lecturer from a college joined government service four
decades back. His fastus from the sudden rise perforce cost him his
seniority in preference to a junior during the training. His unpopularity
among the public got him an entry as “immature” in ACR. He got an
important posting on promotion where he betrayed gratuitous harshness that
cost him the post in less than a year to be posted to head a training
institute.
This is where the crunch of running the government service comes to the
fore and exposes itself in puris naturalibus. A training institute is the
first point of tryst of a recruit with his future service and its head his
true model to become. Hundreds of young recruits passed out as officers in
the next three years from the institute with its head as a model binged in
them. Later, many a precious careers withered under the peise of the wrong
model. The wrong orientations received during the training make inveterate
and lasting impact that cannot be easily deracinated. Wrong models
unwanted other-where heading training institutions is the first symptom of
a grave malady the government service is suffering with.
The officer was denied decent postings promotion after promotion. He was
sent on deputation to head a middle sized state undertaking. His
misconduct there led to a state-wide agitation of its staff in 1985.
Later, he was deputed to head the state prisons department. His
stewardship there witnessed an unprecedented mafia gang war within the
four walls of a prison resulting in murder of an egregious inmate in 1995.
An enquiry by the Home Secretary arraigned the officer for serious lapses.
MISCONCEPTION:
The officer headed his department for five months before retirement. This
is another post where the fonctionnaire serves as a model to the
subordinates. His appointment to the post was opposed by some on the
grounds of merit. This gave rise to two groups in his favour and against
in the department. The new chief in excelsis in his career acted avec
acharnement against those belonging to the opposite camp by sending them
to insignificant posts in god-forsaken corners of the state. He, drunk in
the fulgour of his new status, unreasonably acted on some others assuming
the role of a soi disant motivation specialist and brought gratuitous
sufferings to them. A naïve officer with complete fide et fiducia on the
new chief sought transfer back to the state capital to any of the umpteen
vacant posts existing. The new chief promised an immediate posting and
consented for the subordinate going on leave pending the transfer.
Thereafter, the chief went on delaying the transfer by encouraging the
pianissimo subordinate to extend the leave for the next four months until
himself retired. The subordinate au desespoir approached the State Chief
Secretary only to find that the latter was advised by the chief not to
meet the subordinate. The Chief Secretary did just that. This speaks
volumes about present administration. The achilles’ heel lies in the
mediocrity and the inability of those in higher levels of the government
service in this star-stricken land to comprehend what really constitute
administration and misconceive it as a show of ruthlessness and cruelty.
The justification of the chief for his queer and perverted conduct
oblivious of the sufferings and agony caused was that he was doing all
those things as a motivation specialist to help the subordinate in his
career! His preposterous motivation skills ens rationis was really a cloak
to his native sadism that cost the enfested subordinate his faculty of
trusting anybody. This is a case of pure schadenfreude en pure perte.
SERVICE:
The core of right orientation in government service is an understanding of
the sufferings of others and willingness to mitigate it through the
accepted means of rules, laws and procedures. Power is only the subsidiary
of the process and comes to play as a tool in aid of making service to the
people possible. There is no place for fastus, show of power,
schadenfreude and playing with the lives of others in the scheme. It is
humility and a gemutlich sense of service to others that is fundamental to
it. Any government manned by the people without these essential
ingredients is bound to be a heath of tyranny and face the wrath of the
plebeian in rerum natura. That is why the manning of the government
service warrants utmost care and expertise in running the government. The
edifice of the right governance stands on the terra firma of the right
orientation. The governance is just nonexistent or leads to a welter of
tyranny of the people in the skein of wrong orientations.
RIGHT PLACES:
The right orientation can be either inborn or acquired. In absence of
appropriate tools to trace inborn orientations with certitude, only the
process of acquiring the right orientations can be depended upon. Right
models have tremendous impact on the process as do wrong models. It is the
models and the precedents that determine and festinate the orientation of
the future. Models in right places have tremendous impacts in enracing
right orientations in the body of the government service. Head of an
institution that trains recruits exercises powerful influence on the
recruits. So also the head of the department. Right orientation in
government service can be made a reality by manning these key posts with
right persons.
POWER:
The nature of the government service now is power-oriented; that is, the
exercise of power for the sake of power. It has become an idée fixe. There
is not even a tinge of service orientation in the extant government
service. Even the pretence is left to the care of the political leadership
that must depend on the hoi polloi for survival. Those in government
service need not even pretend to that as they have a secure tenure of
service and go impervious to the plebeian. The accrescent falsidical sense
in government service now is that they are meant to implement the wishes
of the political leadership without any commitment to the ordinary people.
The falsetto must be replaced with a sense of service to the people. There
is no deliverance to the country without it.
POLITICIAL MURDERS
BOOTH CAPTURING
The reclame attached to the kidnap-drama and the arousal of the public
interest in the developments that follow is another dimension of the
political kidnapping that brings an identification and gives an image to
a terrorist outfit as nothing else can. It has become a fashion to
initiate a terrorist outfit with a kidnapping operation. The chevisance
in the inchoate drama proves the strength and resourcefulness of the new
outfit and its locus standi among such other outfits, in the way the
murders committed by a recruit decides his place in the mafia. The
finesse displayed in executing the operation to a successful end decides
the futue of the organisation, a part form the advantages of the ransom
money and the release of compatriots. Interestingly, the first
experiment of political kidnapping in the Indian scene was conducted in
a foreign country in the form of the egregious abduction and killing of
Mr. R.H.Mhatre, a junior diplomat in the Birmingham consulate in the
first week of February, 1984 by JKLF militants.
Political kidnapping and murder is tout court the most heinuous crime
that often involves cold-blooded murder of absolutely innocent people
for political ends. The mental agony and postliminary destruction
involved to the maledict hostages and their near and dear ones because
of the misguided entrainement of a handful of greenhorns go waste and
make kidnapping an infructuous political tool at the end. The
considerable fall in the incidences for political kidnapping on the
international scene of late is an indication of the increasing
realisation of this fact, Crime scarcely survives in the situations of
haute politique like diplomacy and relations between nations. High
thinking by enlightened people functions as a catchpole to check the
criminal tendencies from being perpetuated. Political kidnapping in the
Indian scene is also bound to be a temporal phenomenon as seen
otherwhere in the world.
CRIMINAL LAWS
SECURITY OPERATIONS
What the new blue book and new model internal securiy schemes need are
guidelines on how to approach a security challenge and not what
peripheral matters should be attended to, Each security challenge of the
present day is sui generis and needs a specific approach depending upon
the time, the place and other circumstances of the challenge. It is too
simplistic to imagine that a common formula, however exhaustive it be,
can tackle all internal security challenges of the present day. The blue
book and model internal security schemes must lay down broad guidelines
and the spirit with which security challenges, available methods of
approach for each class of challenge, salient features of the risks
involved and precautions to be attended to alternative courses of action
and assessment of the chances of success for each course under different
circumstances etc. The security guidelines must name the nature of
security threats under various situations and list out likely targets of
sabotage under all imaginable circumstances. They must be able to
forewarn about potential sources of threats and suggest ways and means
of overcoming them and invent short and long-range plans to meet likely
serious challenges. Such an approach to security relieves pressure on
prototypal security and shifts stress to creative security and saves
manpower and other resources from being wasted on unproductive quotidian
mobilisation. This works an a panpharmacon to the under-utilisation of
precious security tools by unintelligent routine deployment.
Another major hurdle in calling social change through law is the failure
by the authors of the laws to clearly comprehend and indite in them the
causes and mechanisms of the immane social evils they intended to
contain through the laws themselves. The abhorred social practices that
manifest as social evils are only the external symptoms of serious
malady inveterate in the psyche of the society. Attempts to strike at
these skin-deep symptoms prove infructuous in reaching the malady
embedded in the vitals of the system. Often, the persons comminated by
the shallow social laws are simple innocent plebeians who are caught
unawares by the laws while they tread the path laid by their ancestors
by wont or perform acts they consider essential in the existing social
circumstances. The external symptoms, sine dubio, should be fittingly
treated if the malady is to be deracinated with all traces of its
existence. However, such approaches are secondary to the concerted
attack on the ingrained malady which forms the cornucopia of those
symptoms. This exigency is generally balked in most social laws. Only a
springe mind with full grasp of the social problems in the circumstances
of the existing situation can indagate and handle levers sine prole to
set in motion the laws that can strike at the core of the social malady.
This requires advanced study of these immane practices and their social
backgrounds involving psychological and anthropological analysis apart
from adequate public discussion within the society. Unfortunately, no
enactments of social laws are preceded by such vigorous exercises and
the impotency of the laws to excoriate the social evils are inevitably
consectaneous. The laws should provide the pollicitation of punishing
the prime perpetrators of the social injustices rather than catching
secondary or tertiary commis to the commission of the offences.
All social laws must have some postern features incorpsed to make them
effective as vehicles of positive social change in view of the delicate
ground the laws cover in their operation wherein people in their
interpersonal relationships are often involved in the hide and seek game
of everyday life. The social offences are both trivial and
serious-trivial in the nature of the acts and serious in the nature of
its consequences. It is almost impossible to demarcate when an act in a
given social situation is trivial and when it attains serious
proportions. Also, differences in norms and values and varying
sensitivity and moods further complicate the issue. It is not possible
to arrive at a uniform definition of concepts like harassment, practice
of untouchability or compensation as acceptable to all situations. The
laws warrant special accoutrements to counter the nonasuch quailings e
re nata as discussed in the ensuing paragraphs.
The special laws must provide for vicarious liability that suspends over
the head of the social group concerned even though there is no evidence
to ineatenate him with the offence. Such criminal liability on the el
patron while it checks him from encouraging or indirectly fomenting
commission of such offences through his acolytes in the social group,
also drives him to prevent those injustices in his group.
Each social law must provide ample opportunity for compromise on mutuus
consensus with an in-built raisonne mechanism prescribed to ensure
corrective and remedial measures in fit cases not involving serious
guilt where such a compromise is certain to ameliorate the position of
the wronged persons. The penal sections of the social laws inter alia
must provide for huge fines and compensations with provisions to
streamline the fines and compensations for rehabilitation of the victims
or their dependants.
The social nature of the offences in social laws makes witnesses to the
offence who are insiders of the society in most cases, reluctant
witnesses for the fear of reprisals from the society though injustice
done to one of them turns their clinamen against the guilty. A provision
and concomitant device in social laws to protect the interests of the
witnesses en revanche to their ready cooperation helps investigation of
the social offences.
FAILED HOPE:
India valiantly fought against foreign rule for more than a century with
the hope of bringing deliverance to the country and eutaxy for its
people. The half-century of the democracy sinsyne proved the mendacity
of the hope and enthusiasm. The situation can be described in following
two stanzas of the poem, “To A Conscript Of 1940” by Herbert Read:
EXPLOITERS:
The only difference India saw in democracy is the shift in exploiters
from the foreign rulers to the rich and powerful among the natives.
While the foreign exploiters were circumspect and scrupulous in their
exploitations for the fear of the world opinion and their native moral
scruples, the native exploiters threw their conscia mens recti to the
wind and turned ruthless in their greed and heartless in their
exploitations of the poor and unenlightened mass of the co-patriots.
They have neither the moral scruples nor the fear of the world opinion.
Nor the supremacy of the hoi polloi in a democracy fluster them. For,
their native intelligence is too pollent to be caught by such foolish
concepts. They learnt the tricks of the trade assez bien early. They
know how their side of the bread can be buttered and why there is
nothing on the face of the Earth including votes and status that they
can’t purchase with their money and power. That was the doom of India’s
democracy and its people.
BRITISH RULE:
India under the British was not worse than the present India if not
better. Those who lived in both the ages speak una voce and hold
testimonies for the irrefutable fact as far as common man is concerned.
Life was easy and quiet. There was a feeling of security everywhere. The
air was pregnant with a sense of morality and respect for higher values.
The public life was clean. There was no violence around except for the
oragious political struggle. There was no tourbillion of corruption as
it is now. Merit always counted. Not every thing was venal as of now.
Life always moved on expected lines and people could plan their life and
future.
AN EVIL PROP:
The degringolade of India subsequent to its democracy is often blamed on
its population explosion in geometric progression and the accrescent
complexity of the life pattern of the present world. It is partially
true. The complete truth lies in the plurisie of the evils of the
democracy that contributed to the descent as an evil prop to the rich
and powerful.
UNFAIR JUDGEMENT:
Elders who lived in both the era and independent and sagacious enough
not to be clouded by pseudo-idealism and concepts of foreign origin
swear that the British really ruled India well non obstante tremendous
odds of the freedom struggle and the alien nature of their rule. The
progress India saw during the period was immense and the country could
move pari passu with the world in the matter of progress and modernity.
India saw large-scale developments during the period in all fields
including social, cultural and administrative spheres courtesy the
initiatives and the active encouragement of the British rulers.
Disparaging the measures as moves of administrative convenience or as
moves to strengthen their prise over the country is a malengine tout
court on the plebeian and a mal-propaganda natural to our native evil
ingine to cover up our mal-administration in the democratic ambience.
Administrative convenience begetting precedence in the unending schedule
of priorities is a common administrative practice anywhere in the world.
A major move like introduction of the railways in India in the 19th
century was misprised as a move to help British entrepreneurs in India.
Such an unfair reclame goes against the spirit of a balanced view and
betrays our flair for tilted judgements. The priorities of the British
administrators certainly were more objective and accountable in
administration en face what we encounter by our own rulers now around:
selfish to the core a fond.
DEMOCRATIC INDIA:
India under democracy has become a playground of the rich and powerful
and a field of their unethical manoeuvres and consectaneous mega scams.
Yet, they are not satisfied with the opportunities a la main. They found
their opportunity in an extension of democracy namely liberalisation
which is vigorously marketed these days by the Western powers to meet
their own interests. Thus, the powers of the West and the powerful of
the country are now joining hands to further undermine the interests of
the poor, weak and the ordinary. It will lead to a situation where only
strong become stronger and perforce weak, weaker. Democracy is not just
freedom. It is the rule of the people comprising rich and poor, weak and
strong, powerful and powerless, competent and incompetent, able and
unable, hopeful and hopeless and the ordinary people. Democracy in its
extant gestalt and liberalisation by its very concept promote the
interests of only the rich, strong, powerful, competent, able and
hopeful few. It is not democracy at all in true sense of the noble
concept.
DEMOCRATIC RULERS:
India of the democratic vintage has its rich and powerful either
indulging in criminal acts or being in nexus with criminals to further
promote their personal agenda of becoming richer and more powerful. In
the process, criminals are becoming real power-centres and criminality
is gaining in respectability in the country. This made life in the
country unsafe and violence, a daily matter. Merit lost its primus.
Personal competence has become secondary or tertiary to money and power
in its ability to boost fortunes. Status and social position have become
the custodies of the rich and the powerful. Election as a democratic
apparatus being money-centric rendered money the centre for power. This
brought money and power closer. Big money being less than a dream sans
resorting to illegal activities in the circumstances of extant rules and
laws rendered criminality prolate and commonplace in India and an
ineluctable ladder to gain power and position in the democratic
government. This led to a strange situation of lawmakers leading the
gang of law-breakers to ensure power and position in the next election.
Can these rulers who perforce break their own laws provide honest
governance to the country? How can the country and its people depend on
such democratic rulers for their security and welfare? India is facing
such a conundrum now.
FEUDAL NATURE:
Democracy made India a feudal nation with innumerable political parties
swearing against each other for the sake of political power. It made the
country a divided house with each faction going for the blood of the
others and turning the country ensemble to a huge factious village.
Hatred and opposition have become the leitmotiv of the public life.
Violence and intrigues have become the accepted means of ascendancy.
Democratic practices undermined the foundation of peace, harmony and
unity of the nation and weakened the fabric of the moral values and
ethical practices in the public life of the nation. The crème de la
crème of the country opted out of the endless strife for power and
position and politics became the dernier ressort of scoundrels in India
as popular saying goes. What can be the character and merits of the rule
provided by such people at the helm? It is where democracy brought India
to.
REAL TRAGEDY:
Democracy in India brought real changes to the rich, powerful and the
political class at the cost of its infima species. It removed all the
hurdles from their path to become richer, more powerful and establish
political dynasties. British were too moral conscious to allow such
things to happen during their rule. They maintained certain minimal
values in public life that ensured some degree of equal opportunity in
all fields depending on merit. Democracy removed the hurdle for the
native rich and powerful and they found their deliverance in symbiosis
and synergy. That is the tragedy of the democracy for the weak and the
ordinary of the country.
SPECIAL PREMIUM:
The advent of democracy is marked by accrescent tax burden on the people
in the name of developmental and welfare activities. The wealth so
extracted was frittered away by inefficiency, corruption or sheer
wastage. The benefits meant for the people seldom reached them thanks to
inefficiency, corruption and the pestilent middlemen who act as the
conduits of democracy. The toil of the people was looted as taxes to
provide for the security and luxuries of the soi disant aristocracy of
the democratic vtntage who assumed special premium for their own lives.
UNEQUAL COMPETITION:
More and more prop of liberalisation is provided to democracy these days
to make the latter further pro-rich and powerful. That provides the
upper strata of the society more elbow-space for manoeuvres and
deceptions to put their money and power to better use and renders the
poor and weak hors concours. Scams of the dimension of US-64 in the UTI
are possible only in such an ambience. Competition is the clavis of the
concept of liberalisation. Competition among the unequal in a nation
where nearly half of the population lives below the poverty line and
less than 1% can be credited to be rich and powerful is nothing more
than a mockery of the principle of an equitable society as well as of
the vaulting intentions of democratic principles like the rule of the
common man and welfare of all.
DEMOCRATIC FOCUS:
Liberalisation per se is not bad as is democracy. It is its concept of
suum cuique as opposed to the concept of social responsibility and the
unjust practices that poison the atmosphere. It is a matter of focus of
the democratic leadership at the helm of the governance. Liberalisation
as a policy is discussed in India for more than a decade now in the
ambience of protecting the interests of the lesser rich of the country
from the competition of the more rich of the world. The plebeian has no
place in the scheme of things of a policy of that dimension. This can’t
happen in a true rule of the people, by the people, for the people where
poor and weak constitute more than 95% of the people.
A CONSCIOUS POLICY:
An ideal rule in quiddity is a rule pro bono publico that protects the
interests of all sections of the people including rich, poor and weak.
But the policy initiatives for the purposes have to be pro rata to the
numerical strengths of the respective sections. It is not the case in
India’s democratic environment. Here, the rich and powerful rule the
roost and the state policy au mieux is directed to their protection as a
conscious policy while the poor and powerless are left to their own fate
to meet both the ends. Because, it is the rich and powerful who count in
the democratic schemes of the country to keep power while the hapless
poor and the weak can wait endlessly in the state priorities. This is
Indian democracy.
HUMAN NATURE:
The achilles’ heel lies in the human nature of seeking power, wealth and
opportunities and those who possess it. Present Indian rulers are not a
rebours to this nature nor those others manning the peripherals of a
democratic institution in India like the media and the intellectuals as
opinion makers of the country. They save some exceptions tend to be
sensational-centric and prefer to move with the lee tide in lieu of
going to the stark truths. They are proved more prone to be affected by
concerted propaganda and twisted rationale than the ordinary man. That
is why an evil like unrestrained liberalisation is accepted as a
deliverance by them una voce; that is why political leaders in India are
glorified in magazines and newspapers as great heroes sans consideration
to their values, merit, performance and ethical standing in public life.
It is their power and status ex consequenti that count over the merits
of great performers who are relegated to the inconspicuous corners of
the pages. The common man himself gives precedence to power and mammon
over merit at his own cost. That is the prise of money and power on the
human kind tout a fait.
ELEMENTARY NEEDS:
Democracy, sine dubio, is an ideal concept. The concept presupposes
certain elementary needs essential for the success of the concept in
practice. Equality among the majority of the population leading to equal
opportunities en principe is centric to the concept. This is not the
case in India. Ergo, the failure. Winston Churchill once said that
democracy is a bad form of government, but it is the best among the
available. Coming from a politician of the democratic dispensation, the
faire bonne mine should be taken with a pinch of salt. Is there no
deliverance to a poor nation like India and other nations of its ilk in
Asia, Africa and South America apart from democracy that does not behove
to the diversities of their populations?
IRRELEVANT ISSUES:
The reality is that neither the history nor the religion nor the
constitutional provisions nor the will of the majority constitute a
right to a region to be a part of this or that country in politics
either now or at any time in the past in any part of the world. Neither
it can be now for obvious reasons. History is a matter of flux en train.
No point of time can be selected as a reference point in the continuum
of the sempiternal timeframe to decide the future of that significance.
Religion never gained currency anywhere in the world as a factor of
nationhood. It is more so in the present enlightened world where
religion as a factional entity is démodé in public life. Constitutional
provisions are temporal and subject to amendments. The will of the
people of a region in the vast tapestry of the nation is just irrelevant
even in a democracy as far as deciding the nationhood is concerned as
otherwise every village in a country will turn to an independent nation
and sink the human race in a maelstrom of disorganisation.
RELIGION IS PASSE:
India as a secular country is d’accord with the zeitgeist of the present
enlightened world with the people of all religions in symbiosis here.
Seeing any issue through the glass of religion is tout au contraire to
the very spirit India stands for. Islam being the raison d’etre of
Pakistan is its own albatross and does not give it any special claim on
regions anywhere in the world eo nomine. Further, religion being a
factor of politics goes e contrario to the extant international spirit
and rationale. It is so also about Kashmir.
NATIONHOOD:
Nor Kashmir being incorporated in Indian constitution as a part of India
gives India any special claim on Kashmir for the simple reason that any
constitution is the product of the nationhood and not vice versa. India
basing its claims on Kashmir on its constitutional provisions is
misleading. On the other hand, if the will of the people of a region is
given liberty in deciding the nationality, neither India nor Pakistan
nor any other country in the world survive as a nation for long. Such a
will has no sanctity in a nationhood. Ergo, it is neither the cover of
the constitutional provisions nor the ruse of the will of the people
that provide the justification for the claims on Kashmir with certitude.
NATIONAL INTERESTS:
There are myriad talks about the Maharaja of Kashmir signing the
instrumentation of annexation with India with a provision for plebiscite
while invaded by the Pakistan army a la derobee as tribals in 1947 and
India under Jawaharlal Nehru referring Kashmir dispute to the UNO and
the consectaneous UNO resolution going against the interests of India.
Real polity has no place for idealism. Idealism goes idle en face
national interests. The instrumentation of annexation or plebiscite or
UNO resolution has relevance in real polity only until they serve
national objectives. It is true of both India and Pakistan. They truly
are meant to serve only as tools to score points in official talks en
pure perte and as propaganda means. There is no way these factors
ectogenous to the national interests have any say in determining the
future of Kashmir.
REALITY OF KASHMIR:
It is an established fact that India was not really interested about
Kashmir in the initial stages. Recorded history shows how India a
travers its iron man and the then Union Home Minister Sardar Vallabhai
Patel offered to Pakistan bartering Kashmir for Hyderabad. India thought
that Kashmir was expendable to its interests. India ignored Kashmir
altogether until the Maharaja of Kashmir signed the instrumentation of
annexation with India and Kashmir became an integral part of India. In
real polity stripped of all clichés and polished phrases, plebiscite or
no plebiscite, the only reality in the process is that Kashmir had
become a part of India and the only factor acceptable to the real polity
that can reverse the process is use of force. Real polity nowhere in the
world understands any other language even in a civilised world. The
process of annexation alone made India’s claim on Kashmir absolute and
res judicata. It is a fait accompli in real polity until it is forced
away from the Indian Union.
CORE OF NATIONHOOD:
Pakistan believes that the agenda of the birth of its nationhood is
incomplete without Kashmir. Its military forces are fully en arriere of
the cause. Unless Pakistan’s military might is brought to the knees a
toute force, its Kashmir adventures are unlikely to abate. Pakistan by
no stretch of imagination will settle for anything less than Kashmir
tout a fait at its control as it has become a matter of national pride
to the country en face India’s superior prowess. India in its part
condescend to anything less than as of now only at its own peril as
yielding to Pakistan in anyway about Kashmir now is nothing short of
surrender in real polity. It will be nothing short of the surrender of
Pakistan in Bangladesh war. In this sense, Kashmir has become the core
of India’s nationhood while it certainly is a core issue to Pakistan.
CAUGHT IN A LOGJAM:
With the ultimate positions of both India and Pakistan being defined
with perspicacity and certitude, what latitude can there be for any
rapprochement between the two warring neighbours? All the talks of
settlements and summits are mere diplomatic platitudes meant to satisfy
the inner and outer constituencies of the respective countries. Both the
countries know fully well that nothing other than the present situation
is possible except for minor adjustments along the line of control as in
Siachin glacier and such strategic points. In the circumstances,
Pakistan is trying its luck by appealing to the religious sentiments of
the Kashmiris to lure them away from India in one hand and resorting to
terrorism in Kashmir by supporting jehadi groups on the other hand in
the hope that one day Kashmir perchance may fall on its lap. It perforce
will continue with the strategy unless it is mortally brought to its
knees and good senses.
Nature created women different from men with a definite purpose. Balance
is stillness and stagnation; imbalance is motion and progress. Nature
designed life and motion by means of the imbalance brought about in the
traits of men and women. In the process, women find themselves at the
receiving end. They ended up as the weaker half of society by their very
nature and are naturally handicapped in a world of men, by men, for men.
In a world where strength commands charity and weakness receives cruelty
and humiliations all along the centuries with patience and in silence.
This part of woman is symbolised in tradition by calling her as the
Mother Earth who bears all sufferings. The cardinal principle of the
survival of the fittest applies to the weak natural attributes of woman
which renders her less fit for survival than man. She must live with his
atrocities unless and until society in an enlightened mood comes to her
rescue.
The immane approach of the stronger world to its weaker counterparts has
to be countered with strong arm methods of the state power. In an
enlightened age such as this, people in public life are sufficiently
sensitized to this issue and more and more legislations come up to stop
stronger people from riding over the weak and meek. India too has
several legislations that have become Acts to protect its women folk.
Sensitization of the people and the government in the recent past to the
ground-realities has brought sea-changes in the status of women. Rise in
female education as noticed in the first decades of the present century
opened up the aboideau of the resistance to sexual discrimination.
Though the process was very slow in principio , it gradually picked up
pace as decades passed by. Nineteen- seventies is a watermark in the
process. The advent of Mrs. Indira Gandhi in 1966 and the grit and
strength displayed by her as the Prime Minister of India and as the only
real woman among the parliamentarians of the time, revolutionised the
concept of womanhood in India. It became a fashion even in tiny villages
of India to comfort while a female baby was born, that who knows, the
child may also become a Prime Minister or somebody big like her. Though
India have innumerable valiant queens in its history who led huge armies
against formidable armies and fought jusqu au bout, they were
out-of-turn phenomena at their respective times and seldom touched the
chords of the women among the commoners. But, Mrs. Indira Gandhi was a
product of the time, of the process of the awakening of the women, and
in turn, as a phenomenon, she greatly contributed for the advancement of
the process.
The trend of women going for jobs and pursuing professions started far
before the advent of Indira Gandhi at the centre-stage. Her advent
revolutionised the trend. After Indira Gandhi, women in jobs became more
a rule than an exception and they looked for progressively higher slots
and sought fields where never before women stepped into. As a result,
more and more fields and higher and higher slots opened up for them. As
time passed by, the reservations towards recruiting or promoting women
thinned and ultimately disappeared. As a result, sexual discrimination
in jobs is a matter of past now. More and more people realise that is
skill and other abilities that count in doing a job well and not the sex
of the performer. As far as jobs are concerned., sexual equality is a
reality already.
Dowry death cases have become sensational topical issues these days with
the public being highly sensitised to the menace of the offences with
the unfortunate swelchie of cruel practices and circumstances deliver an
innocent girl at death’s door. All institutions of society including the
government, press, women’s organisations, judiciary and police handle
dowry death cases on a special footing. Each such case outrages the
patience of thinking people and rouses the passion and outcry against
the perpetraters of the offence. The police too give special importance
to the investigation of these cases and closely supervises the
investigation process..
The emerging sexual equality has another happy face vis a vis the
conceptual reality of the reverence and importance given to women in
India and Indian culture from times immemorial. The equality of man and
woman on the field certainly tilts the balance of advantage in favour of
woman because of the favour with which she is accustomed to be seen.
This tilt of balance is not a forced one on the man, but one volunteered
hors de combat because of the natural attributes of a woman’s
characteristics . This tilt is already in evidence. Given equal chances,
woman is favoured in recruitments and promotions because of her natural
sincerity, honesty and devotion to work. In this sense, women are
overtaking men. The process is on. They are in limine. It is a happy
development. It is civilisation. It is culture. It is good for the
future of the humanity. Humanity can survive only if women with their
far superior attributes, lead men en face in addition to being driving
forces en arriere. Man sans woman is not only incomplete, but also
lightless and lifeless
Not that woman and man are really equal. Nature meant them to be unequal
for its own purposes and process. Basically, they are in-comparable
quantums, separate entities by themselves. If to be compared at all,
woman has an edge over man. Often the reality is distorted by man by his
brutish physical strength as against the gentle mental and spiritual
attributes of woman and he forcibly cornered all opportunities of
growth. If women are opened up to their de jure opportunities, women as
nature designed it for them, go ahead of men and lead them to a far
better world then existing now. A cultured and civilized world must
provide this natural opportunity to its women-folk for its own good.
This is what is happening in emerging India.
SOCIAL JUSTICE
Professor B.Kuppuswamy in his book “ Social Change in India” apropos of
‘ Paradox of the Indian Situation Today’ writes, “ On the one hand there
is a conscious, deliberate effort to change the social structure as a
result of the assimilation of new social values. Because of the struggle
for political freedom and the desire for economic reconstruction, new
social justice and equality of opportunity. On the other hand, there is
the fear that the old social values are being repudiated and destroyed
by the values of social justice and equality, which pose a challenge to
the past privileges based on caste, aristocracy, age, sex etc. The farm
labourer, the factory worker, the student, and women are repudiating the
authority which denied them social justice and equity”. This perennial
conflict between privileged and non-privileged, of reactionaries and
revolutionaries is the mark of a zoetic society. The clash of interests
and values steeped in an instinct for survival is the hall-mark of
social change. It is here the state comes into the picture as the
arbiter elegantium, as a beacon to guide both the pace and path of
social change through public education and legislation. The social
awakening which is possible through public education is sine qua non for
social change which can only be formalised through legislation as a
statutorily accepted social value to make its violation a criminal act.
A good piece of legislation backed by effective enforcement works as
catalytic agent in the process of social change.
SOCIAL CONFLICTS
As French thinker Auguste Compte noted, a nouveau regime can emerge only
if man assumes responsibility for his actions and makes his own society.
The changes in social institutions do not occur by themselves, but by a
positive moral desire and commitment in that direction. This active
aspect of social change manifests in intellectual assertions for
deliberate social legislations and their effective enforcement. The
theory of “ Challenge and response” as expounded by the great British
historian Arold Toynbee, points out that a society can grow if it can
constructively respond to challenges. The challenges are often social
and internal and every civilisation as a facet of the society can learn
from the failings of quondam civilisations. Active responses to the
extant gauntlets of social equality and social justice against the
background of nonfeasance should be the foundation on which social
legislation and its enforcement mechanism should be broadly based.
SOCIAL LAWS
Most of the important social laws were enacted in India in the face of
plangent opposition from reactionaries inveterated in the terra firma of
the past practices. The queasy practice of polygamy was made hors la loi
and divorce was legalised by the Hindu Marriage Act of 1955. The
barbarous praxis of untouchability was made punishable by enactment of
the Untouchability (Offences) Act in the same year in conformity with
Article 17 of the Indian constitution. The Hindu Succession Act of 1956
is a meith in bringing daughters on pariel with sons in a respect of
property inheritance. The Hindu adoption and Maintenance Act of 1956
straightened the position of women in regard to the right to adopt. The
Dowry Prohibition Act of 1961 tried to deliver nubile colleens from the
menace of dowry. The Factory Act of 1948 raised the minimum age of
workers to 14 years and provided for annual medical examination of minor
workers. The Employment Exchange Act of 1959 provided for state help to
unemployed citizens to get jobs. The children Act of 1960 provided for
special care of children. All these incipient legislations of
independent India on social matters were enacted as vindicated by the
directive principles of state policy in line with the fundamental rights
enunciated in the Indian Constitution. Article 24 of the Constitution
sui juris interdicted employment of children below 14 years of age in
factories.
Periods sinsyne saw ascensive use of the police force for suppressing
freedom struggle and maintaining law and order au reste prevention and
detection of crime. Indian police metamorphosed to a law and order
outfit in the next nine decades au contraire to the proclamations of the
Preamble of the Police Act, 1861. British Raj ruled India on the
strength of police force during the turbulent periods of the independent
struggle. In the process, law and order functions came to centrestage in
the charter of priorities of the police duties at the cost of the
objectives of prevention and detection of crimes.
WORLD-WIDE TRENDS
SECURITY CONSCIOUSNESS
Indian police could not lag behind. Moving pari passu with the world
trend is basic for survival. The consequence was the rising prominence
of security activities at the cost of both the prevention and detection
of crimes and the law and order functions. A craze for VIP and VVIP
securityis the Indian manifestation of the new security consciousness.
World-wide rise in terrorism gave way for specalisation in
anti-terrorist operations all over the world. Crack-forces became the
spine of the security police. Anti-hijack squads were organised as an
elite force of the police. Advances in science and technology made
national security a high-tech field. Satellites, modern communication
systems, high resolution photographics, laser beams , night vision
systems, computer technology etc made national security highly advanced
and comlex operations. The international developments only marginally
touched Indian police for lack of will to be a major player in
international clandestine warfares. The only real concern of Indian
police more suo in the last half century was VIP and VIPs security. Here
too, performance did not match the concern as many of its important
leaders including those occupied top positions of Prime Minister and
Chief Minister fell prey to assassins. Indulgence of Indian police in
form in lieu of substance, in number in place of efficiency and in
display where subtle moves were en regle led to the grave failures. The
popular axiom of Indian police to this day is that larger the number,
better the security. Motto is countering security threats with counter
threats; or better, meeting security gauntlets with the show of muscle
power. The approach is the antithesis of modern perceptions and theories
of security policing. In Indian ambience, VIP security has become a
fanfaronade; a procession of sound, light and motions; a festive
assemblage. Tragically, it is happening at the cost of law and order
functions and more so, at the cost of prevention and detection of
crimes.
MUSICAL CHAIR
The situation is tardier in law and order functions. Obvious powers and
tremendous avenues for illgotten money make law and order jobs hotly
sought after posts. Politicians and people in power are the bestowers of
these jobs on favourite few. Result is the desperate concours of police
officials of all ranks to aggrace politicians and people in power to
corner right spots in the musical chair. The ragmatical situation leads
to law and order functions losing the edge of fairness and objectivity
in efforts to keep right people in right side. This is how law and order
police become law for themsleves or for their political masters against
the raison d’etre of a law and order machinery. The situation breeds
corruption and encourages partisan policing. Law and order duties being
closely interlinked with the everyday life of the people, police on the
duties come in contact with them everyday and present the image of the
entire police force. The hors la loi image, corruption, inefficiency,
meekness before the mighty, insensitivity, arrogance and immanity to the
hoi polloi, these are the cornerstones of the epinosic image, the law
and order police spawned for the benefit of the Indian police.
LOSS OF CREDIBILITY
Fences itself grazing the field in law and order policing led to the
debasement of moral values in public life. Money power became the
effective counterpeise against the arms of the law and the state power.
Making money by any means became the secret of success. Frauds and
corruption became lucrative business. Governance was commercialised and
State power became a venal commodity. Administration process became a
scelerate and police lost credibility. People were forced to pursue
illegal and unwholesome means in their dealings with the State and the
police for survival. Laws as means of the state power became loathsome
objects for the commonman. This spread unrest and protests and violent
agitations became the order of the day. The people and the police found
themselves pitted against each to break the other. Violent protests led
to violent suppressions by the police. Hatred spawned hatred and
violence begot violence. This is where India stands today. Violence by
dalits, attacks by Naxalites, terrorism in Punjab and Kashmir, gangawars
in Bombay and Bangalore, lawlessness in Bihar and UP or enlevements by
ULF activists speak of the symptoms of the same malady namely
lawlessness in the law and order police that divellicate from its raison
d’etre.
CHARTER OF PRIORITIES
The pressure of law and order functions and importance of VIP security
sidelined prevention and detection of crimes to a minor responsibility
in the charter of priorities of the Indian police. Preventive techniques
saw no updating from the mechanical motions of the pre-independent
vintage. Prevention is forgotten in the pressure of other works. Indian
police come to picture only after a crime is committed for detection.
Here again, investigations are hijacked by political and money muscles.
GLIMMER OF HOPE
Not that all is bad. Occasional good works are there. The role of Indian
secret police in liberation of Bangladesh is the tour de force of Indian
clandestine operations. So to lesser extents are the successes in
containing activities of LTTE cadres and Sikh and Kashmiri militants.
India showed considerable presence of mind in Afghanistan front also.
The fear of law and a semblance f order, the law and order machinery
could infuse in a country of India’s size itself is a matter of credit
and pride to Indian police. The unshaken trust of the plebeian on the
criminal justice system of the country nonobstante the extant maelstrom
in the field per se is its apogee and speaks volumes about the utility
of police investigation in controlling crime.
CONTRARIOUS VALUES:
The value system in bureaucracy is bifarious: inherent values and
survival-oriented values. The two facets of the same value system
further metagrobolise the complexity of the value system of the
bureaucracy ab intra. Add apocryphal elements in the garb of values
natural to the Indian bureaucracy to the broth, the field is ready for
all the dramas of this world.
A young officer in 1960s began his career in a South Indian state with
commitment to the high values of public service laced with strictness
and discipline of very high order au naturel to his age and the nascent
stage of his career. He was a terror to wrong-doers in 1970s as a
district level executive officer and proved very successful in his work.
His unimpeachable integrity as also no-nonsense mien rendered him
unpopular among both subordinates and superiors. He was removed from his
district posting in less than a year on the pressures of the vested
interests and never found a responsible posting sinsyne with a profile
in official records as immature inter alia. His failure lay in his
individual value system not being attuned to what the bureaucracy
expected of him.
SURVIVAL INSTINCT:
Being enervated by the developments and angst-ridden, he realized that
he has no future in the career with his own convictions and values. This
turned him so much inward that he became proficient in psychology and
soon got doctorate in the subject. He did everything to reconcile his
traits and nature to the imperatives of the bureaucratic values. He went
out of his way to please everybody and made it his habit. The changes
found favour with none with the aura popularis yet defying him and he
went on losing mainstream postings as rose in rank and even remained
without posting for nearly a year in 1990s at a very high rank on the
suspicion of gross negligence in discharge of duties leading to a
serious disaster as a consequence of his newly acquired traits of
casualness. With the ablet, his nature saw the affret of enthusiasm to
please the political leadership of the state a toute force as he
approached the benchmark of the selection to the post of the head of the
department. As the popular perception continued to be against him as a
candidate for the coveted post, the energumen began to play the caste
card with the political leadership a corps perdu. His efforts to
undermine the chances of a senior backfired as the latter after
retirement as the head of the department filed cases against the former
succeeding him as the departmental chief. The point is that the officer
succeeded in heading the department as the altaltissimo of his career
though for a short period by the surgery he performed on his persona,
convictions and innate values. Though flexibility paid, one wonders
whether the quid pro quo was worth the surgery and could not he be a
person more in harmony with himself if he had continued with his
pristine value system avec acharnement. His predecessor is another
example of the same process but for that that after finding failures of
the new values to provide the aex triplex he needed, he took recourse
back to his innate values and won court battles to head the department.
CRISIS OF VALUES:
The tragedy of the officer was that the process of the changes found him
shedding away truly noble values innate to him. His integrity became a
disaster in the process. His name as the Managing Director of the
state’s Tourist Development Corporation in 1980s was linked to his young
PA after he was noticed spending long hours with her under locked doors
and irregularly elevating her to officer’s rank to the consternation of
the entire staff that went on state-wide strike against the Managing
Director. He was also suspected of wrong-doings in purchase of hundreds
of cars by the Tourist Development Corporation to run as tourist cars.
It clearly is a case of honest besoin to adapt to the imperatives of the
bureaucracy for survival going awry. The attempts are justifiable on the
grounds of the survival instinct basic to human nature, because the
bureaucracy as it is has no value for anything extra muros. It
recognizes only its values and remains adamantine to anything
ectogenesis. Therefore, the choice for a principled officer is between
an unsuccessful career for adhering to one’s own values and convictions
or quitting. Good jobs are difficult to come. Ergo, ordinary mortal’s
survival instincts lead to sacrifice his values and principles to adapt
to the requirements of the bureaucracy at any cost to the self and its
convictions. Everybody cannot be a saint. Thus the need to adapt own
values to the bureaucratic imperatives is ineluctable until Indian
bureaucracy grows to be mature enough to accept and absorb higher values
ab extra.
XENOPHOBIA:
A process of ossification has set-in in Indian bureaucracy in absence of
real growth and evolution after independence. The political leadership
find the development to its advantage. The bureaucracy found itself as
fish out of water when its leading guides returned to Britain after
independence. Those who handled the higher bureaucracy sinsyne followed
from where the British left with their own mediocre interpretations of
an ideal bureaucratic setup. The result is the extant bureaucracy of
India devoid of creativity, initiative, understanding and a sense of
public service. This reduced the definition of the public administration
to mean use of rules and procedures to delay or obstruct decisions or
actions just for the purpose of proving existence. The new setup
developed a queer xenophobia towards deviations from the set patterns as
a threat to the very existence of the bureaucracy. The mindset evolved
to a pernoctation against any fresh breeze ab extra and a tendency to
deracinate any move to that end in the bud itself. Nothing fresh can
leak-in to such a bureaucracy a huis clos.
BUREAUCRATIC CULTURE:
The indifference is limited to the values ectogenesis to the home-grown
value system. The three factors that exercise true prise on Indian
bureaucracy beyond the limits are caste affiliations, political
patronage and money power. They have become pollent values inter se. You
can buy practically anything from the present Indian bureaucracy with
them en arriere. And you find what virtually is hell on the Earth
without these factors to back you.
The bureaucracy of India in the last five decades has become a law to
itself with an opus musivum of a ribald culture spreading tentacles of a
reticulation of rights and wrongs beyond the reach of any known precepts
of decent human conduct. Here, power is the supreme deity that absterges
all sins, reasons and feelings. That naturally renders the rank in
bureaucracy the highest virtue and age, merit, character and human
dignity eat dust in the milieu. Such a bureaucracy is a perfect ground
for the growth of all types of evils and human weaknesses. There was a
Sanskrit scholar with moderate successes as a writer in a provincial
language holding a very senior post in the bureaucracy of a South Indian
state. He held huge functions for the release of his books by
dignitaries including the state Chief Minister. A junior who became
distinguished as a poet and as a writer decided to release his book
through the Governor of the state. The senior in the bureaucracy out of
sheer jealousy spread canards and exercised his personal weight to
ensure that the function was cancelled just twenty-four hours before the
release of the book by the Governor of the state. This is Indian
bureaucracy after independence in puris naturalibus.
POLITICAL LEADERSHIP:
The cardinal question is why the Indian political leadership tolerated
such an obstructionist bureaucracy for all these years. The reason is
that the political leadership finds itself comfortable with the ossified
and unenlightened bureaucracy. There is no danger of an enlightened
bureaucracy overshadowing it and taking all the limelight for positive
performances. On the other hand, an inert and unenlightened bureaucracy
is a handy tool to bear the burdens of all failures. An ineffectual
bureaucracy naturally brings higher stature to the political leadership
in public perception. It has become a fashion in India to blame the
political leadership for all evils of the country. The true blame for
the maelstrom the country finds itself with, must lay on the threshold
of the crippled bureaucracy and its blotched value system. Sine dubio,
Indian political leadership now is more enlightened than its
bureaucracy. The edge of the bureaucracy seen in pre-independent era is
no more evident now. The reason is that the political leadership kept
its doors open for fresh air and updated its value system from time to
time unlike the bureaucracy. While the bureaucracy rarely looks beyond
the edges of its desk and never outside the window, it is the political
leadership that navigated India through diverse innovative phases like
NAM, mixed economy, socialistic pattern of society, social control and
now economic reforms. Even the recent Agra Summit to bring peace to the
South-Asia region is a fine example of an innovative political
leadership.
Article 15 (1) of the Constitution of India lays down that “ The State
shall not discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them”. Article 14 that speaks
about equality before the law or the equal protection of the laws.
Article 16 that speaks about the equality of opportunity in matters of
public employment and Article 17 that speaks about abolition of
untouchability are mere extensions and applications of the Article 15
(1). The Preamble of the Constitution identifies justice as social,
economic and political; and Equality as of status and opportunity. These
declarations of the Constitution provide the framework of social justice
of the Sovereign Socialist Secular Democratic Republic of India. The
principle of equality enjoined by the Constitution gains significance
vis a vis the long tradition of discriminations and exploitations in
India on the basis of religion, race, caste and sex. Indian Constitution
seeks to bring a halt to the vide through the State Power. Police is the
tool. Indian Constitution also seeks to establish economic equality.
Economic and social equality are inter-knitted with the cause of social
justice for the reason that economic status and opportunities more often
than not decide the position of religions, races, castes and sexes in
society.
ROLE OF POLICE
Police are called social doctors. They examine, diagnose and treat
misease in the body of the society through the administration of laws
and surgical operations. Discriminations and exploitations are the
deadly cancers that seize and disintegrate a society. Police are
duty-bound to keep these maladies under check. Their fight against the
evils of a long tradition and practices accepted by the society as
legitimate by the stamp of time is a protracted and frustrating struggle
against the convictions imbued deep into the psyche of the society.
Their role as the ultimate enforcers of social laws brings them
centrestage in the cause of social justice.
NEED OF CIRCUMSPECTION
CONFIDENCE BUILDING
Police support to weaker sections can be physical and psychological.
Physical support covers aspects like providing protection, strict
enforcement of social laws and honest investigation to violations.
Psyhological support implies carrying out above responsibilities with an
added objective of creating a sense of confidence and well-being in the
exploited sections of the society. Making enforcements of social laws a
show-piece of deterrence also helps. The psychological aspect needs
emphasis in policing against social evils. Enforcing laws for its own
sake does not help tackling social issues. Involvement and participation
of the police with a sympathetic commitment to social justice is the
clavis. The immane approach of the rich and powerful to their weaker
counterparts has to be countered with the strong arm methods of the
state power through its tool of police.
Social justice is a glidder concept that changes its hues with time
depending on prevailing social norms and social values. No age has a
right to preconise its own norms and values as absolute and peremptory.
In this sense, every social law is passe and peregrine beyond its
immediate time frame. The deciduous nature of social laws necessiates
circumspect approach in their enforcement for the reason that mens rea
in the sense it is used in conventional offences may be absent in these
cases. The change of the face of social justice brings new social laws
with it. Police must go pari passu with these developments and
differentiate between justice and injustice selon les regles in force at
the time. Effective enforcement of social laws reinforces reigning
social norms and values by giving them the teeth of law. How it is done
depends on the commitment of the police to the cause of social justice
and equality.
TWO TIERS:
Governance in a democracy is a bifarious exercise with the political
rung controlling the policy and decision-making apparatus while the
administrative rung handling the decision and action apparatus of the
governance. The political and administrative faces are the two sides of
the same coin of the governance. The political rung represents the will
and aspirations of the people. People get the politicians they deserve.
Any expectations and manipulations about the will of the people are
undemocratic au fond and unconstitutional even. The case is tout a fait
different with the administrative rung which functions as an interface
between the policies and its implementation and between the political
rulers and the hoi polloi in the matter of governance. While political
leadership is ephemeral VVIP guest-component in the arena, the civil
servants are the abiding framework of rules and procedures within which
the minutiae of the governance are conceived and built brick by brick.
It is these civil servants at diverse ranks, levels and fields that
really hold the rudder of the governance to steer the country in
whatever course their composite character and competence permit. The
true governance depends on their abilities and attitudes.
CIVIL SERVANTS:
They are professionals in the field of governance unlike the political
leaders who handle governance ens per accidens. They are career
administrators and specialists eo nomine by choice all their lives and
constitute more than 99% of the manpower in the field of governance. It
is they who by their conduct and attributes decide the nature of the
governance in the country and constitute the mainstay of the government
irrespective of what party comes to power and who control the reigns of
power. Karunanidhi as CM heaping corruption cases against and putting
former CM Jayalalitha behind bars and Jayalalitha reciprocating by the
same coin when she comes to power or Bofors gun case of the Congress and
Tehelka tape case of the NDA in the centre are all dramas of gratuitous
media hype of little significance to the future of the country until the
character of the administrative rung remains unchanged. The political
face can make really little change to the country. It makes little
difference to Bihar who heads the government until the civil servants
there change their character and mindset. It is unrealistic and too
simplistic to presume that the political leadership provides model to
the administration down the line. The bureaucracy of India is too
hardboiled a unit for such a quick change of colours. The reality is the
other way round. The political leaders who come to power have no
alternative but go d’ accord with the demands of the bureaucracy or
perish. Politicians as they are, do adapt to their survival instincts
and barter their visions for possible quid pro quo in power. The
bureaucracy in India really enjoys a commanding position in the
governance of the country.
WRONG ATTITUDES:
The tragedy of India is that their position and importance is not amated
by requisite qualities, merit, passion and commitment for effective and
good governance. The Indian bureaucracy is seized with wrong attitudes
and evils that waste it away ab intra. Competence has become a disaster.
Wrong people in wrong jobs is a serious malady enervating the public
administration of the day. Political heads are wrongly blamed for the
havoc. It is the bureaucracy for its own parochial ends at the cost of
the bureaucratic integrity and ideals that invite the trouble and guide
the political leadership in the evil path.
HUMAN ELEMENTS:
The extant bureaucracy ensemble is marked by lack of human concerns and
empathy for the fellow men. Being as rigid as rules and procedures of
which those in the bureaucracy are custodians of is wrongly accepted as
en regle for those in the bureaucracy. This has deprived the elements of
heart and compassion from the body of the bureaucracy. Initiatives,
novel ideas and creative pursuits are seen as the antithesis of the
governance. This has deprived the elements of brain and intellect from
the corpus of the public administrative system. The result is a
deadweight-bureaucracy weighing down on the live India and sucking it
dry with evils and misuse of the powers invested on it for governing and
steering the country ahead.
INTEGRITY:
India is an egregious forerunner in the world among countries most
corrupt in public life. The root cause of this grave malady is India’s
corrupt governance pregnant with inefficiency, indifference and gross
temulence of power devoid of human elements. Bureaucratic measures have
become synonymous in popular parlance and perception in India with
foolhardy decisions and actions far removed from reality. Lack of
accountability is the leitmotiv of governance in India. This is a
malengine consciously evolved ab intra to safeguard self-interests.
Power sans accountability rendered governance in India an evil per se.
INSENSITIVITY:
The evils of governance need not always be directed only against
outsiders. Inscience knows no boundaries. Even those within may become
cruel victims of its grossly unrealistic and farcical decisions as in
the case of a highly talented and multifaceted genius who joined
government service in 1978. He was soon recognized for sheer brilliance
and purity of character as a diamond that can fit anywhere and as a
peacock among the fowls. Soon the recognition itself turned a noose on
his neck. It was assessed by the inscient bureaucracy that his
outstanding attributes might prevent him from becoming popular among the
seniors and prevent him from reaching higher levels. A two-pronged
strategy was devised. He was to be roughed-up and denied promotions to
rub-off his superior qualities and the intimidating aura till the
detrition by the sufferings forces him down to the ordinary level. Once
the job is accomplished, his lost seniority was to be restored a few
years before retirement.
ATROCITIES:
He was denied promotions following the meretricious career plan year
after year till his junior colleagues became senior to him by two ranks.
He was posted to most humiliating posts and harassed endlessly. However,
the process got caught in a skein as the infaust officer refused to come
down from his immanent and really superior qualities even after two
decades of immanity and sufferings while the bureaucracy refused to
yield and give up its illegal and unconstitutional stance until the
officer condescends to the mediocre levels. The refusal of the officer
to approach judiciary against the ill treatment for redressal and his
resolve to depend solely on his talents and character helped the
establishment to persist with the preposterous process a corps perdu.
His morale remained en bon point and high throughout non obstante
serious humiliations and endless grief. He aequo animo sought refuge in
other fields and won nonpareil accolades from everybody by sheer
talents. His tormentors tout de suite followed him there too. The head
of the State Intelligence who himself a small-time writer and published
a few books in a regional language used esoteric threats in 2000 on the
publishers of the accurst officer to discourage them from publishing his
books. The publishers who already had published half a score books of
the officer returned a contre coeur two manuscripts of the officer in
sheer desperation a natura rei expressing helplessness en face the
police interferences.
TRANSPARENCY:
Fanciful premises bordering madness tout court leading to irresponsible
and eristic career plans of that dimensions are possible only in
governance utterly lacking in accountability and only a sacred country
like India can produce such gross grief, sufferings and humiliations eo
nomine noble intensions en pure perte. Lack of transparency makes such
etourdi atrocities possible and permits its practice for decades en
pantoufles as in the case study.
PUBLIC CAUSE:
The case is an eye-opener to how merit, talent and character of very
high order meted out by the mediocrity of the governance in the Indian
milieu. Jealousy is common. Anybody junior receiving limelight is seen
with resentment and suspicion. The major achilles’ heel of the
governance in India is its inability to understand others’ predicaments.
Governance in quiddity is safeguarding national interests and the
welfare of the people. These factors perforce involve empathy with the
people and sensitivity to their interests. These are the springboards of
good governance. No governance worth the name can render meaningful
public service sans the spirit of building bridges to the hoi polloi in
whose service it draws sustenance and what constitutes its raison d’
etre. Good governance must be built on the terra firma of human concerns
and sensitivity to others’ predicaments.
ACCOUNTABILITY:
Another requisite of good governance is accountability. It gives
sanctity to power and makes it meaningful and relevant in the scheme of
governance. Power is a raw energy. Accountability gives it
sophistication and purpose. Governance sans accountability has the
tendency of hijacking the country to the pit of evils that power breeds.
Checks and counterchecks serve the purpose of good governance by
rendering itself to the litmus test of accountability, ipso facto
bringing in the elements of responsibility to the field of governance.
In the ambience of civil servants functioning in the shadow of the
political leadership, the former mastered the art of evading
accountability and responsibility. The successes boldened them to the
derring-does of larger dimensions. The recent US-64 debacle is the
point. India can ill-afford repeat performances of that dimension and
must save from such disasters in future through an uneluctable parameter
of accountability that alone can dawn an era of responsible governance
in the country.
OBJECTIVITY:
A cardinal principle of good governance is objectivity and fair play.
The governance as public administration is inevitably circumvented by
pulls and counter-pulls of diverse kinds to influence decisions and
actions. The compulsions for yielding to either side are enormous and it
reduce the governance to a mere play or dynamics of lobbyists and
influence-pedlars. A good governance must stand up to the pressures.
This requires tremendous inner strength and singular commitment to the
public cause. It is easier said than done. However, this commitment is
sine qua non for good governance. While accountability is an apparatus
to protect the governance from the indulgences of the fonctionnaire ab
intra like greed, irresponsibility and love for easy life, the shield of
objectivity protects it from the ectogenous onslaughts of pressures,
temptations and threats. While accountability must evolve as an external
mechanism ingrained in the body of the governance, objectivity is an
inner faculty either inborn or acquired as the fond of good governance.
IMBALANCES:
Good governance should have its powers and responsibilities amated and
evenly distributed in the fabric of the governance. This ensures smooth
governance d’ accord with the principles of democracy. Another factor
core to good governance is a balance of powers and responsibilities
propped up with transparency in state affairs. Responsibilities sans
powers end up with failures in performance and powers non compris
responsibilities breed undue morgue and lead to harassment of the
public. Governance sans transparency is at the root of all evils and
goes tout au contraire to the very rationale of the democracy. It can
neither be fair nor earn the trust of the people.
OPEN MIND:
No governance is worth the salt without a passion for developmental and
welfare activities in national interests. The passion widens the
horizons of the mind as against that circummured by isms of theoretical
hang that can never provide a good and open governance. A passion pure
and clear for the welfare and development of the nation and its people
by any means is a prerequisite for good governance. Only that keeps mind
open for all developments worldwide and absorb really the best for the
country.
VISION:
The most basic requirement of any good governance is a vision, an
ability to look ahead to the future of the country with great
expectations and endless possibilities in sidelines. This is potential
of evolving the governance to greater heights to herald an era of
successes and prosperity. Visions carve paths to the future and prod the
governance to navigate along the course. It provides a break from the
quotidian plod in preference to innovative strides to fulfil the vision.
Governance sans vision is like building an edifice a tatons without a
plan or blueprint. It at best is a random erection. Vision gives
direction and purpose to the governance. It gives a grandeur and a
proportion to the process. No governance can be good and complete
without a vision to steer ahead and a true governance can be built only
on the terra firma of a vision. The old concept of a prosperous India is
based on the vision of “Rama Rajya”. The new concept of India coming of
age is based on the vision of a world power or a regional power in Asia.
Once a vision of that dimension is en arriere to back, it is easy to put
the pluses and minuses to conceive a strategy towards the end.
Otherwise, governance is nothing more than mechanical motions.
India in its long history saw governance of all kinds, proportions and
dimensions and survived through them. It saw the worst and the best in
its 2500 years of recorded history. It, like other old civilizations of
the world, has worked as the crucible of various experiments in
governance. The governance in India now is based on this long
experience. It is the collective will for good governance that is
lacking in India. The consequence is that the hoi polloi suffer and the
country fails to reach the height it is potential of. The besoin of the
extant India is the evolution of a collective will to have a good
governance. People must pool their energies to force a good governance
for the country. Indeed the job is not easy and the resistance from
those in charge of the governance whose interests lie in the status quo
is bound to be hard. But, this cannot be a reason to leave the matter of
this dimension unattended as the fate of one billion people depends on
this development. Only such a collective will can devolve truly good
governance for the country.