New Delhi: We are a nation of over two million police force engaged in internal security duties. During the British regime, their only duty was protecting the interests of the rulers, but after the achievement of independence, protection of the people must have been their primary duty!
Many times, the National Police Commission has declared and mandated that the police force must be accountable to the safety of the public, implement the rule of law and protect society. However, many times the Supreme Court has expressed concern that the police system has become a group of organized criminals. However, their attitude is changing from bad to worse with innovative ways of torture in taking the lives of the innocents. The recent tragedy in the Tamil Nadu Thoothukudi district is a glaring example.
Cruelty takes two lives
Governments have decided that imposition of lockdown is necessary in order to contain coronavirus and protect the lives of the people. Tamil Nadu, which competes with Maharashtra in terms of rising COVID cases, is also implementing strict lockdown. Jayaraj, 60, was attacked by police on June 19 for violating the lockdown rule and keeping his mobile shop open beyond 7:30 PM.
He was shifted to the Sattanukulam police station, where he was detained. When his son Phoenix went to police station to request for the release of his father and entered into an argument, he was also apprehended. On the 22nd, Jayaraj developed chest pain and he was shifted to Kovilpati hospital. The doctors declared him brought dead.
The next day the son also passed away in the same hospital. The public upsurge that followed accusing police cruelty responsible for custodial death of Jayaraj and Phoenix shook the municipal administration and the judiciary. In the process, the Judicial Magistrate's Investigation made naked the criminality of the police forces playing a key role in mismanaging the criminal justice system!
Atrocities
According to a report submitted by Kovilpatti Judicial Magistrate MS Bharathidasan - the CCTV camera at the police station was set to delete the recording at the end of each day by putting it on 'auto-delete' mode. That way, the police took precaution not to leave any proof of their crime. The committee commented that right from the constable to the higher official misbehaved with the investigating committee....a constable even challenging that 'you cannot do anything' shows their scant respect to law.
The woman constable was extremely fear-stricken when she gave a statement clearly explaining the extent of atrocities committed by the police on the father-son duo on that night, for hours together, by taking turns and thrashing them till they bled heavily and the bloodstains were all around the furniture and other material.
The powers assigned to the police to protect innocents from the hands of criminals are in turn being misused by the police on the unfortunate and helpless citizens. Fundamental rights have no meaning in police stations. Even after seventy years of emerging as independent democratic India, these atrocities are a blemish on the country's reputation.
Immediate reforms needed
In the process of apprehending George Floyd, an Afro-American recently in America, due to the excessive force by the police, he lost his life. Mass protests were held throughout America and in many countries condemning the police atrocities. Now the government there is working on suitable police reforms. The Minneapolis governing body has decided to abolish the city's police department. Ukraine and Georgia have validated the out-dated police systems to suit the present needs.
In India, for decades, the proposals for police reforms have been confined to papers making a mockery of civilized living standards. India ranks 68th in the list of 126 countries that implement the rule of law. On the basis of an eight-point criteria, India stands at 111th place in the maintenance of law and order.
As per the government statistics, on an average 15 custodial atrocities cases are recorded in our country every day, and out them nine people are losing their lives. The National Human Rights Commission has ruled that police custody deaths mostly do not see the light of the day and even the negligible number revealed will take a lot of time.
The Report says that everything happens casually and naturally and the present ruthlessness is very deep-rooted in the system. Though a few officials are made responsible for the custodial deaths, organizational change for good is difficult. A systematic and strict reform is the need of the hour.
No one is above law!
The Supreme Court has repeatedly made it clear that the Constitution is superior to anyone. Bulgaria's Prime Minister was fined 300 lews (Rs 13,000) by the country's health ministry for not wearing face mask when he went to church on the 23rd of last month. That’s how law is respected! But in India, the crime rate has increased by 28 per cent between 2005 and 2015, but there is no improvement in dealing with criminals and awarding punishment.
Former UP DGP Prakash Singh said: "This does not mean that there is no legal rule here ... but political rulers' law also is in effect." Where the police force can do anything to please the people in power and happily tow their line, how can we expect moral integrity, sense of public safety from them? Decades of warnings that the foundations of the democratic system will be shaken if we ignore the growing pressure on the police....are falling to deaf ears!
As long as mockery of constitutional values continues in the hands of unruly bureaucratic system and the police resort to custodial crimes at will, the death cries of the innocent will continue in the dark cells!
While former Prime Minister Manmohan Singh wished for the emergence of a new type of police force with better professionalism, dedication, strength to face challenges, advanced training, etc., the present Prime Minister Modi stressed the need for 'smart' police. How can civil liberties be secured by superficial reforms without providing the police system with the required professional independence and accountability? Only when the police machinery is ensured with the discipline to respect the constitution, act as per the rule of law, and willingly commit themselves to public safety as an uppermost priority, the country will be safe and happy!
