Cops must be set free

We are still running our police system with ancient British era legislation


Thirty-eight kids on a burning bus. Imagine the great tragedy! The only reason these kids did not perish is thanks to a quick-thinking, off-duty cop. An off-duty cop? What’s that? The way their superiors treat them, there is no such thing as an off-duty cop. Many constables and lesser-ranked traffic cops routinely put in 19 hours daily. If it’s not their regular beat, it could be guarding some VIPs or being orderlies to the top cops. They could be attendants, chauffeurs or even cooks. And in the days of the Ganesh festival, Ramazan, Dandiya, they probably don’t get 40 winks for weeks together.

The fact is that under the current dispensation, police officers are working under the whimsical supervision of political patrons. This ‘dispensation’ which puts the police directly under the control of the political executive – the state government – is how the Brits designed it in 1861. Yes, the police system works according to an act passed by the British, basically to
rule the unruly natives after the 1857 mutiny. To this day, most states in India abide by that law. (Maharashtra passed a modified law – the Bombay State Reserve Police Act in 1951 – which mostly resembles the British Act.)

Under the current dispensation, police officers are working under the whimsical supervision of political patrons

So, essentially, the political bosses control the top police boss – the Director General of Police (DGP) of the state. The DGP can be transferred or removed without any reason. Would it be surprising to find that police officers are compelled to do their masters’ bidding? Is it surprising that they have lost most of their autonomy? Is it surprising that there is political interference even in investigative work? Political opponents can face trumped-up charges, which become negotiable instruments. The perfectly legitimate democratic dissent and protest (think Gadhiji’s salt march) can be snuffed on behest of those in political power. You cannot even hold a public meeting if the police is instructed not to issue a no-objection permit. Crime statistics can be manipulated for political expediency, by the mere act of registering or denying FIRs.

The biggest brahmastra is that of transfers and postings. An officer who is not pliant enough can be sent on a punishment posting to Gadhchiroli. It is no wonder that on the eve of elections, the Election Commission moves police officers around, to ensure that those beholden to incumbent power do no subvert the elections. (In fact, even bureaucrats are shunted around to ensure a fair poll. But that’s another story for another article!

None of this is new. Back in 1977, just after the nightmare of Emergency, the Central Government appointed a National Police Commission to comprehensively review the role, responsibilities, power and duties of the police, and also suggest appropriate reform. After thoroughly examining all issues in great depth, the commission submitted its final report in 1981. To this day, that report is mostly eating dust. It took a Public Interest Litigation filed by super cops in the Supreme Court, which gave new life to police reforms. Late in 2006, the apex court ruled that reforms must be implemented, and political interference removed. For example the DGP must have a tenure of at least two years; all transfers and postings are to be done by a Police Board; investigation must be seperated from law and order; there must be more transparency in recruitment (the national vacancy rate for police is a staggering 2.5 lakh); and so on.

Ajit Ranade

But life hasn’t changed much for the police. 26/11 came and went, but we haven’t brought any reforms. If we still have great officers like Tukaram Ombale it is because of sheer human dedication, not a healthy police system. Unless we act fast, we may not be lucky to have another off-duty cop averting a greater tragedy. Let’s make police reforms an election issue in the upcoming Maharashtra polls.

(Reproduced from Mumbai Mirror of August 22, pg 24 Article by Ajit Ranade)

 

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