Political Diary

New Delhi, 9 January 2010

Police And Aam Aadmi

FOR YOU, WITH YOU, NEVER!

By Poonam I Kaushish

Twenty long years ago on August 12, 1990 15-year old budding tennis player Ruchika Girhotra was molested by SPS Rathore. Within a month of this horrific incident Rathore's guilt was established by an internal inquiry that a FIR be filed. Yet it wasn’t. Instead fraudulent cases were foisted against Ruchika's brother in order to pressurise her to withdraw the case. Her school expelled her.  Three years later Ruchika committed suicide. The political leadership not only looked the other way but showered Rathore with medals and promotions while he continued with his evil campaign.

After vacillating between departmental action and criminal indictment for over 8 years a CBI inquiry was ultimately ordered in August 1998 which awarded Rathore, who retired in 2002, a six months jail term and a Rs 1000 fine. (sic) Today, thanks to the public outburst, a tenacious family friend fresh charges have been slapped on Rathore including abetment to suicide, attempt to murder, wrongful confinement and forging of the post-mortem report of the victim. A quick-fix solution for chronic maladies.

Significantly, the issue is not whether Rathore is arrested or not but it underscores how the system as a whole is now being taken for granted and brazenly subverted. A classic example of how an individual in a position of authority can commit a vile act, intimidate ordinary people, exploit his political connections in an attempt to camouflage his transgression. Sending out a clear message that the powerful with high connections can do whatever they want and get away with it. While the aam aadmi languish in jails for years despite being acquitted.

Remember, the travails of infamous Mumbai cop, Daya Nayak and others of his ilk. Who instead of serving society, serve their own interests. Over the years, not only has the police become more and more powerful but also less and less accountable.  Many times, the checks and balances which are a pre-requisite of democracy have been dispensed with. 

Turn to any mohalla, district or State the story is tragically the same.  Be it a minor offence or a major crime brutality and bestiality have become synonymous with the police. Want to get rid of somebody? Call up the “Policewala Goonda.” From molestation, rape, bride burning to road rage to out-of-court “settlements”, fake encounters and torture deaths. It has trapped all with bullet-proof precision. Sending petrified shivers down one’s spine. A jungle raj. And we call ourselves a civilised society!

Experience shows how over the years the police has not only misused but also grossly abused its powers. Consider what the Third Police Commission had to say: “Sixty per cent of all arrests in the country under normal laws are unnecessary or unjustified and that unjustified Police action accounted for 43.2 per cent of the expenditure in jails.” Thus, the police has not only become more and more powerful but also less and less accountable.  Time out of number, the checks and balances which are a prerequisite of democracy have been dispensed with.

Indeed shocking are the percentage of arrests in relation to bailable offences which are as high as 113 per cent.  According  to the Human Rights Commission, Sikkim topped, followed by Gujarat 99.75 per cent, Andaman and Nicobar 95.8 per cent, Haryana 94 per cent, Assam 90 per cent, Daman and Diu 89 per cent, Madhya Pradesh 89 per cent, Karnataka 84.8 per cent and Kerala 71 per cent.

At the crux is the issue: Who should control the police?  The Government or an independent body.  A Catch-22 question for our power-greedy polity to honestly answer and for us to stupidly expect:  Today there is an over powering stench of our decaying political culture.  Where criminalization of politics has given way to politicization of crime and political criminals.  We have come a full circle.

Is the police more sinned against than sinning? Are the main culprits the politicians? The truth is midway. Both work in tandem in furthering their own self-interest, with the result the system becomes self-perpetuating. Where criminalization of politics has given way to politicization of crime and political criminals. Resulting in the complete brutalization and dehumanisation of the polity and the police. Just last week policemen were seen at Mumbai’s mafia don’s New Year celebrations. Earning them the nick-name of police-mafia saath-saath.

Shockingly, the police still functions according to the 145-year-old Police Act of 1861. This provides it with a negative role, basically that of protecting the establishment. No matter that various Commissions have drawn the same conclusions ---- stop political influence and change the mindset of the force, improve the public interface and image and prevent politicization, criminalization and corruption in the police.  The result: zilch.

What next? Needless to say the time has come for the men in khaki to get a makeover desperately, of a “new-age policeman” who is more professional, better motivated, equipped and trained with the latest in tactics and technology. Police training must keep pace with the best practices being followed in the world.  Not only that. The police administration needs to be drastically overhauled, made more accountable and protected from political interference.

The Centre and States need to revamp the outdated, 145-year-old Indian Police Act, and implement the Supreme Court’s seven-point directive in a landmark judgment in 2006. Namely, to prevent politically engineered mass transfer of officers on change of a Government, setting up of a National Security Commission to ensure that the selection of chiefs of Central police organizations was fair with a fixed two-year tenure and a State Security Commission to monitor transfers and postings.

In addition, over-centralisation should be replaced by decentralization and functional autonomy to the police from the Station House level onwards and their goals and objective set with the cooperation and consultation of the local population.  A properly structured and representative body of local residents should be associated with setting priorities and goals.

Besides, the standards prescribed for recruitment, training and emoluments for the police etc. also need radical revision, according to the National Police Commission. There should be a shift from quantity to quality of Police leadership.  It is better to have half a dozen officers of the rank of a Sub-Inspector in a police station to prevent and detect crime than to have 25 semi-literate and ill-paid constables. Competent officers should be posted in the affected districts and given a stable tenure of at least 2 to 3 years to make a difference. In addition, they need to be provided improved weapons and greater mobility.

In the ultimate analysis, a revolutionary change is the need of the hour. Merely mouthing platitudes will no longer work. The Government has to tackle the basic issue first --- honest and effective modernization of the police force, with the constabulary getting its due. An SMS campaign doing the rounds avers, “There comes a time when people get tired of being trampled over…..Ruchika is a perfect case study. This could happen to anybody, tomorrow could be your turn…..Let’s help in proving the reality…Jai Hind.”

It is time to face the moment of truth and reckoning. What is it that our people want at the end of the day? They wish to live peacefully and be assured that all men are equal in a true democracy. Governed by a common law of liberty and fraternity and assured of probity and morality in administration. Are they asking for too much? Or have we decided willy nilly to surrender shamelessly to horrendous criminalization ---- and say goodbye to the rule of law?

Remember, the strength of democracy and the quality of life enjoyed by citizens is largely determined by the ability of the police to discharge its duties honourably and independently. Will the aam aadmi continue to rot behind iron cages at the hands of the policewala goonda whose slogan of being “with you, for you” is a chimera! A time to ponder and introspect --- Apradhikaran akhir kab tak? ----- INFA

(Copyright, India News and Feature Alliance)