INDIAN POLICE AND ETHICS

1. Background

The Indian police were never placed in such acute conflict with the nation’s Constitution.
Their legacy, tradition and profile, all important markers of day-to-day policing, stand seriously compromised.
Thrust into their working mixture of colonial legacy and corrupt traditions of the native rule is communal profiling, blurring the democratic horizon of administrative boundaries.
Of late, the higher judiciary has started expressing its anguish and frustration over such a state of affairs in no uncertain terms, but a far more active role is waiting to be played by them.

2. About

The rights of people have been a matter of grave concern for all civilizations from time immemorial. Respect for human rights lies at the heart of good governance.
All State institutions whether they are the police department, the army or civil administration are bounded by the duty to respect and promote human rights regulations and punish the culprits.
The police play a significant role in this respect as they are charged with the responsibility of maintaining order and enforcing laws.
Unfortunately, at times, when discharging their duties, the actions of the police conflict with human rights regulations.
The NHRC too has issued guidelines for officers.
The Commission has been established under a Special Act of Parliament to protect and promote the human rights of the citizens.
It addresses the violations of human rights by recommending registration of criminal cases against the culprits, and disciplinary actions against errant officers and prevents the culprits to walk away scot-free.
The Commission strongly opposes custodial violence, as in many recent cases
It also recommends measures like lie detector tests and good police-public relations.
In India, where flagrant violations of human rights are a routine affair, the NHRC registered 94, 985 such cases of custodial deaths, which are bound to increase if not checked.
Therefore, ideal policing involves respecting human rights and upholding the Rule of Law which has been strongly emphasized by the SC and the NHRC.
The current governing instrument of the Indian Police Force is the Police Act of 1861 which is outdated.
Attempts to reform the Indian Police system have been made on both – State and Central levels since 1971.
There have been 6 major reform committees until now.
The Committees have analysed the current structure and listed 5 defects with the system-

Unwarranted political interference and politically driven appointments, transfers and promotions;
Disparate functions performed by an overburdened police force hindering efficiency and domain specialization;
Lack of genuine empowerment of personnel;
Lack of independent oversight body; and
Inadequate collaboration between the police and the prosecutors.

Also, India has the lowest citizen police ratio in the world.
It has been recommended and followed by many police systems in the world that there must be 1 policeman for every 200 citizens though we are far behind this ratio.
India has the highest number of police torture and custodial deaths among the world’s democracies and the weakest law against torture.
The police often operate in a climate of impunity, where torture is seen as routine police behaviour to extract confessions from small pickpockets to political suspects.

2. About Policing

Policing is one of the most important requirements for peaceful coexistence in society.
Policing is a practice put in place to maintain social order in society.
It is installing ways to control crime in the community.
It concentrates on the maintenance of law and order and the prevention and detection of offences.

There are three styles of policing.

There is a watchman who emphasizes maintaining order.
There is legalistic which emphasizes law enforcement and professionalism and
There is a service which focuses on the treatment of the individual.

Objectives of police in a democratic Society

Prevention and detection of crime
Maintenance of public order
Respect for rule of law
Respect dignity of humans
Respect for freedom, liberty and rights of citizens

3. About Ethics

Ethics is based on well-founded standards of right and wrong that prescribe what humans ought to do, usually in terms of rights, obligations, benefits to society, fairness, or specific virtues.

4. Ethical Code of Conduct for Police prescribed by Ministry of Home Affairs

The police must bear faithful allegiance to the Constitution of India and respect and uphold the rights of the citizens as guaranteed by it.
The police should not question the propriety or necessity of any law duly enacted. They should enforce the law firmly and impartially, without fear or favour, malice or vindictiveness.
The police should recognize and respect the limitations of their powers and functions. They should not usurp or even seem to usurp the functions of the judiciary and sit in judgment on cases to avenge individuals and punish the guilty.
In securing the observance of the law or in maintaining order, the police should as far as practicable, use the methods of persuasion, advice and warning. When the application of force becomes inevitable, only the minimum of force required in the circumstances should be used.
The prime duty of the police is to prevent crime and disorder and the police must recognize that the test of their efficiency is the absence of both and not the visible evidence of police action in dealing with them.
The police must recognize that they are members of the public, with the only difference that in the interest of the society and on its behalf they are employed to give full-time attention to duties, which are normally incumbent on every citizen to perform.

Has the Rule of law been replaced by the rule of politics?

Rule of law in India, the frame on which justice hangs, has been “undermined by the rule of politics.”
Politicization of a police force is a major problem as it affects the autonomy of the police force making them subserve the interests of a political executive at the cost of ordinary citizens.
CID at the state level has failed to perform because of political cases led by the ruling parties against their opponents and because of excessive political interference by the political executives.
They are usually beholden to corrupt and venal superiors. As a result, the institution loses its autonomy & gets overtly influenced by the Political class. Also, continued institutional apathy from bureaucracy & political masters towards the issue of police reform has prevented reform in policing
Due to political leaders' meddling, police officers are unable to perform their duties as There is no minimum tenure requirement for officers in higher positions, and there is no guarantee of placement.

6. CORRELATION BETWEEN POLICING AND ETHICS

While police officers must know the limits and nature of their authority, citizens must also know their rights.
A proper balance has to be achieved between individual rights and public interest through the mechanism of the Rule of Law.
This is the essence of human rights law.
The NHRC guidelines are meant to inform citizens as well as the police about their rights and duties; to enable people to protect themselves with this knowledge and to guide the police in the performance of their task by indicating that any transgression would be illegal.

7. POLICE ACCOUNTABILITY

Accountability is a crucial aspect of the ethics of policing.
It is not about the control of police but about the responsibility for how the control is exercised.
The accountability is threefold — accountability to the people, accountability to the law and accountability to the organization.
In State of Gujarat v Kishanbhai[vi], SC took cognizance of the high number of acquittals happening due to shoddy investigations, and passed strict orders to take action against the erring police officials.
In a recent case, the convicts of the attack on the Akshardham Temple were released after 11 years in judicial custody and the Court expressed its anguish about the incompetence with which the agencies conducted the investigation and the wrong done to the convicts, their families and the society.
It is a clear case of transgression of human rights regulations which adversely affects society and its faith in the Indian judicial system.
In my opinion, a reason behind this is that the accountability of the police is not fixed.
The investigation officer(s) handling the investigation resulting in such incidence should be punished.
This will not only keep a check on the policing process but also will send a clear message to society that any wrong-doer, whom-so-ever, will not be spared.

8. CORRELATION BETWEEN POLICING AND HUMAN RIGHTS

Police functions are mostly prohibitive and regulatory and this leaves an impression on the individual citizens that police interferes with the life, liberty and freedom of the people.
It is the duty of the police to preserve order and prevent crime. When there is a violation of law, the police must apprehend the offenders and produce them before the court to be dealt with the procedures established by law.
Whenever violations of human rights by police are reported, it causes an overall effect of loss of faith in the police as a protector and upholder of citizens’ rights.
Corruption erodes public faith in the police and undermines the rule of law, leading directly or indirectly to a violation of human rights.
It further affects the image and reputation of the individual police personnel and the police organization.
Human Rights Watch observes that while not excusing abuses, abysmal working conditions for police officers contribute to violations.
Low-ranking officers often work in difficult conditions.
They are required to be on-call 24 X 365. Instead of shifts, many work long hours, sometimes living in tents or filthy barracks at the police station.
Many are separated from their families for long periods.
They often lack necessary equipment, including vehicles, mobile phones, investigative tools and even writing paper to record complaints and make notes.

9. POLICING, HUMAN RIGHTS, AND JUDICIAL SYSTEM

The Police Act, 1861 visualized the role of the police as a mere law enforcement agency. The NPC suggested that the police should assume a service-oriented role of which law enforcement is only a part. Due recognition must be given to the police station as the basic unit of contact between the people and the police. The police and judicial system are part of a system which protects and safeguards society from various crimes. They also play a vital role in safeguarding the rights guaranteed to the citizens by the Indian Constitution and the proper implementation of laws made by the Parliament.
The primary duty of the police is to curb any wrongdoing, investigate crime, apprehend criminals, prepare charge sheets, help Courts in summoning witnesses and finally help the Court adjudicate. Courts i.e. judiciary, the fourth pillar of democracy, guarantees people live lawfully, and enjoy all the rights granted to them by the Constitution. Nobody is above the law and one who violates it should be punished by the Court of Law. India is modernizing rapidly, but the police continue to use their antiquated methods: torture, abuse and threats[vii].
It’s time for the Government to stop talking about reforms but fix the system. The technologically supporting evidence is still not taken as a conclusive piece of evidence as compared to oral and documentary shreds of evidence. Such evidence is accepted only if they get corroborated with other evidence; otherwise, the Courts do not rely on them. The police, at times, to complete the chain of pieces of evidence are compelled to interrogate the convicts and concoct a story to somehow conclude.
If human rights regulations protect the convicts from any unethical behaviour or illegal detention, it fosters human values to flourish in our society. It also sends out a clear message, that no injustice will be done to any citizen. On the other hand, as explained above, if human rights regulations become a hindrance in the investigation and affect the judiciary and judicial orders adversely, then surely it misleads the people. It shall raise a question about the credibility of the judicial system of this country and the faith of the people in the fourth pillar of democracy will be shaken.

10. Other major issues associated with police

Huge vacancies: With the phenomenal expansion of the geographic area to be policed and the increase in the number of lives to be guarded, the Indian police, more than in many western democracies, have been stretched and outnumbered. There are only about 140 policemen per 100,000 people, a very poor ratio when compared to other modern democracies.
Over-burden: The police force is over-burdened, especially at lower levels where the constabulary is forced to work continuously for 14-16 hours, 7 days a week. It adversely impacts their performance.
Arduous nature of duties and working conditions: The nature of the duties is very uncertain and the police themselves say that policemen are on duty all the time – it’s a violation of Human Rights.
Risk to life: The risk to life in Police is very high. Policemen are killed in India in the performance of duties than in any other country in the world. There’s no indication that in future the risk element would be less.
Police Infrastructure: The weaponry, vehicles etc. used by the police force at a lower level is obsolete and is unmatched by the modern weaponry used by the criminals and anti-social elements.
Qualifications and training of police personnel: Police training methods have been outdated and aspects of human rights are largely ignored in training modules. The training of police officials is heavily biased in favour of higher-level officials. 94% of the total training expenditure is on IPS officers’ training.
Politicization of Police: Politicization of a police force is a major problem as it affects the autonomy of the police force making them subserve the interests of a political executive at the cost of ordinary citizens. CID at the state level has failed to perform because of political cases led by the ruling parties against their opponents and because of excessive political interference by the political executive.
Lack of coordination between centre and states is a matter related to maintenance of law & order results in ineffective functioning of the police force. The dual command at district and state levels has resulted in the problem of coordination between the civil servants and police officials because of ego clashes and inconceivable personal differences.
Ineffectiveness against new forms of crimes: The police force is not in the position to tackle present-day problems of cyber-crimes, global terrorism, and Naxalism because of its structural weaknesses.

Aversion towards usage of technology among police personnel

Judicial reforms have not been effective as most criminals are not punished for the crime they committed. Despite recommendations of various commissions’, crime investigation has not been separated from the maintenance of law & order.
Underutilisation of funds for modernisation: Both centres and states allocate funds for the modernisation of state police forces. These funds are typically used for strengthening police infrastructure, by way of the construction of police stations, and the purchase of weaponry, communication equipment and vehicles. However, there has been a persistent problem of underutilisation of modernisation funds.
Prevailing Corruption: The pay scales of police personnel especially at the lower levels are very low and they are forced to adopt corrupt means to earn their livelihood. Prevalence of the Rank system within the police force results in abuse of power by the top-level executive over lower-level personnel.
Inadequate Powers of Judiciary: The judiciary’s approach of simply passing directions and guidelines, has proven to be a failure. For judgements to transform into reality there is a need for money and the power of immediate implementation.
The gap between the highest court and the lowly police officer in India: Despite criminal laws being struck down as unconstitutional, they continue to be enforced in various parts of the country by local police.
Lack of Uniformity across India: Policing in India is a state subject which means there is significant variation across states.
Frequent Transfer often leads to dilution of accountability of Police actions and inability to implement long-term reforms
Competency Challenges in Modernisation: The educational background especially at the constable level is a major limitation in modernising the police force whether it is in terms of leveraging technology or upgrading to new processes.

11. Conclusion

In India, policing must be efficient, lawful and humane.
It is the responsibility of the Government to ensure that police agencies are properly resourced.
Also, there must be continuous external supervision and monitoring by the Government and legal institutions.
The police must abide by the human rights regulations to ensure human dignity and the involvement of society in policing.
This will not only strengthen the bond between the police and society but also create a police-friendly environment.
Government needs to amend the law appropriately so that policemen who commit atrocities on persons in their custody are not allowed to escape because of paucity or absence of evidence.
The police should not be the rulers but guardians of the people and there must be no political intervention.
India must take immediate steps to curb inordinate delays in adjudication and accurate policing and investigation are a must for the right judgment.

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