Police accountability beset by myriad challenges

MS Malik

Former DGP, Haryana

Policing has always been a challenging task, even as its dimensions and nature keep varying with the change in polity and socio-economic circumstances. Presently, law-enforcing agencies find themselves at a crossroads. The police force is in a bind. If it refuses to carry out the orders of the political masters, it can be accused of being disobedient and disloyal to the government; and if it carries out these orders, it often not only violates the due process of law but also inflicts harm on the body politic.

The unfortunate part is that this desire to use the police to neutralise opponents is not confined to any political party. The temptation to use the police is too alluring, and with the availability of willing officers, it has spread like a disease.

Policing is synonymous with challenges as the police are the first responders to all kinds of problems confronting the nation. The current challenges before the police and related accountability issues are very complex and need to be understood with due sensitivity in the overall scheme of governance.

The police are an instrument of the law, designed to enforce laws; its accountability, therefore, should always be traced to the laws and constitutional ideals. At the same time, it is also true that the police are an unalienable tool of governance in the hands of the powers that be. Ideally, governance should always be beholden to the concept of rule of law, but, at times, faultlines become evident when conflicting interests are to be addressed. In such situations, the police have no option but to act as per the wishes of the ruling dispensation and often constitutionalism takes a back seat; accountability gets blurred by the call of duty. However, it is up to the individual police officer to decide whether to deviate from the constitutional principles to accommodate the political masters. It is here that the strength of character of the officers at the helm of affairs is put to the test; some buckle, whereas others stand tall against all odds.

Police accountability cannot be discussed in isolation — the prevailing administrative sub-culture, probity in private and public life and the quality of the political leadership have a bearing on it. Career-oriented officers have eclipsed true professionals in every department of the government; they prioritise self-promotion without caring for ethics, professional standards and duty towards the nation. Being a careerist is not bad if one remembers one’s duty towards the nation and commitment to the rule of law.

Indian politics has increasingly embraced indiscipline and irresponsibility. Misuse of power and authority, corruption and usurping powers of the executive are common traits of the political class, though honourable exceptions may always be there. It is a real challenge for the present-day police officers to accommodate their political bosses and maintain their commitment to fair play in their duties.

Members of the police force, wielding so much power having a direct bearing on the life and liberty of people, cannot afford to be indisciplined in their professional conduct. The time has arrived for the police to examine the recruiting system at all levels. Policing has become so technical that generalists cannot do justice to the work at hand. Moreover, there are no parameters regarding aptitude that can be checked prior to recruitment in the police force. Unfortunately, psychologists are not being attached with the recruiting authorities.

The profile of crimes and criminals is changing at a faster pace than ever before, but policing methods and practices have not changed proportionately. Accountability is the byproduct of professionalism; the police should upgrade their standard of investigation by overhauling the system. Information technology, artificial intelligence (AI) and cybercrime have already thrown up new challenges to the police; this is the time to evaluate our preparedness to meet them.

The three new criminal laws, especially the Bharatiya Nagarik Suraksha Sanhita, 2023, have empowered the police to ensure free and fair investigations. New provisions relating to the attachment of proceeds of crimes, preliminary enquiry and police remand, etc. have increased the powers of investigating officers to a large extent.

Furthermore, we are living in times where, one by one, the tools of governance have been contaminated by politics and, therefore, need drastic measures. The police can make little difference if the bureaucracy is too willing to carry out the commands (even illegal) of the political masters. In circumstances where the police and the bureaucracy appear to be standing on the right side of the law, they still need the judiciary to play its role so that justice is taken to its logical conclusion.

At this point in time, AI appears to be a mountain too high to climb. It is obvious that the present force is not equipped to deal with it. A new force with different skill sets and qualifications needs to take charge.

One must not forget that the political hierarchy would not allow the police to slip out of its clutches. The police are a very faithful, obedient and reliable tool of governance, and this is going to remain the same. The real challenge is to find ways and means to bring in reforms from within to upgrade accountability and commitment of the police towards the people and the nation in general, as per the constitutional scheme.

Above all, inadequate staff strength and unscheduled multifarious duties are major problems being faced by our police force. At the same time, the trend of fake police encounters has to be discouraged and shunned. American policing research pioneer David H Bayley has rightly said: “Illegality in the service of public safety makes policing a furtive and anxious activity and undermines the pride, which is the basis of job satisfaction.”

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