Robert Reiner rightly remarked that policing is an inherently conflict ridden enterprise. Therefore, the police have a professional responsibility demanding from them the highest standards of conduct, particularly those of honesty, impartiality and integrity.
It is rather unfortunate that the police in modem Indian society is looked with fear, suspicion and distrust by the people. This public apathy towards the police demoralises them to such an extent that policemen lose self-confidence and are hesitant in taking firm step to prevent violations of law because of the apprehension of public criticism.
Yet another potential cause which shatters public confidence in police is the increasing interference of politicians in the working of the police. Once the politics enters this department, it paralyses the police arm for the enforcement of the law, thus putting merit to near incompetency and dishonesty to the front. The political pressure and compromises by the police officials are bound to make them corrupt, dishonest and inefficient.
At the same time, it shall make the fearless administration of law and justice an impossibility. Thus the impediments on the police due to political pressure or other like influences make it difficult for the policemen to perform their duties honestly. It is no exaggeration that the present deterioration in law and order situation in India is primarily due to these forces which have demoralised the Indian police.
Instances are not wanting when serious violations of law have occurred right under the nose of the police and the latter have preferred a role of silent spectator rather than initiating action because of the fear of public criticism.
In a zeal of criticising the police, people generally overlook the gravity of situation and seriousness of the offender’s crime and blame the police squarely for inaction or atrocities. The police therefore, feels hesitant in initiating stem action against the law-breakers.
The development of modem techniques has thrown new challenges before the police force. Modern scientific devices have made the law-breakers more successful and difficult to catch. The police should therefore, be thoroughly conversant with the new techniques of crime-control. The use of computer system and augmentation of the existing communication system would serve a useful purpose for boosting up the police efficiency.
Public apathy towards police is also due to the fact that quite a large number of cases prosecuted by the police result into acquittal of the accused due to some or the other procedural or technical flaws, defect or omission on the part of the police officials in dealing with the suspect or offender.
This is evident from the large number of damage-suits pending against the police in law courts. That apart, certain provisions of the Code of Criminal Procedure, 1973 make it difficult for the police to prosecute the offender. Thus Section 100 (4) of the Code requires that the police should enter the premises for the purpose of search and seizure accompanied by at least two respectable inhabitants of the locality.
More often than not, it is difficult for the police to procure such witnesses who are willing to co-operate in this work. This obviously adversely affects the process of seizure or search.
Unfortunately, the relationship between the police and magistracy in India lacks mutual trust and confidence. In quite a large number of cases police evidence is not considered sufficient and honesty of the police is doubted by the judicial officers. Needless to say that there is a need for these two agencies of criminal justice to work in close harmony and trust for each other.
The magistracy should take notice of the fact that police generally have a better knowledge of the accused, his mode of living, habits, character and antecedents which enables them to reach proper conclusions relating to his guilt, which are not always susceptible of being reduced to absolute legal proof. This is possible when the magistrate begins the trial of the case with the assumption that the police have done their job honestly and have used legitimate method in investigating the case.
Police cases mostly fail because of the lack of public support and co-operation. People in general are reluctant to come forward as witness and assist the police in apprehending criminals. This indirectly helps the offenders to escape detection or conviction.
The members of society do not realise that it is their social as well as moral obligation to help the police in suppression of crimes. There is no point in blaming the police without extending them adequate help and support for enforcing the law and protecting the life and property of the people.
In brief, the present day Indian police system confronts a hostile people, angry legislators, questioning judges and hysterical victims. It is, however, submitted that mere hostility or ruthless criticism of police cannot improve police efficiency.
The major problem for the modem police in India therefore, is to inspire the public to appreciate the police values. The general impression that the policemen are inefficient, brutal, corrupt and lawless should be brushed aside and they should be encouraged to discharge their duties honestly, sincerely and faithfully so as to promote welfare of the community.
Expressing his views on the functioning of the police in India the noted jurist Nani Palkhiwala observed, “A professional and honourable police force is valuable in every society but it is invaluable in a society like ours which is marked by three characteristics of divisiveness, indiscipline and non-co-operation.”
It may be stated that despite the cherished socio-economic and political human values of liberalism and civil liberties enshrined in the Preamble to the Constitution of India, the police functioning and its work-procedure has remained more or less unchanged. The police system has failed to develop any independent ideology of its own to participate in an effective manner to achieve the cherished goals of legal and social justice.
The preservation of fundamental freedom and the basic human values demand an effective role of the police in the Indian setting so that it becomes an effective instrument of social change as well as the foundation of justice and fair play.
No comments:
Post a Comment