Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 361 Fri. June 03, 2005  
   
Editorial


Police performance and democracy


The police force being a law-enforcing agency is an indispensable wing in a country governed by rule of law. The democratic and human rights of the people invariably interact with the process of criminal administration of justice with which the country's police is directly involved. In progressive stages of any democracy the traditional concept of police as a mere law-enforcing agency or a coercive instrument of the government is rendered obsolete. The entire focus of the role of police shifts and the police needs to project itself not as a servant of those in power but as a guardian of citizen's values and as a monitor of democratic order.

Adjustment with democratic system
In present day Bangladesh, in fact, there is hardly any activity left out where the police is not to be posted on duty. In cricket stadium or cinema theatre, the presence of policemen becomes relevant. The police, therefore, has become an integral part and an intrinsic need in the socio-politico-democratic process. The offences which originate from social tensions call for humane approach and selective treatment by the police. The family violence, offences by and against women and children or the crimes traceable to facts like unemployment and poverty are actually social ills and aberrations, which the police have to control. The skill, proficiency and temperament of the police are tested in the situations peculiar to the democratic activities like protest meetings, religions processions, political rallies, public gatherings, agitations, gherao, student unrest and all kinds of mass gatherings. The policemen is expected to observe greater restraint, as any excess by them can result in direct violation of citizen's fundamental and democratic rights.

Orientation to democratic values
In our scenario the police has been unsuccessfully struggling to transform itself and the political class of the country is apathetic towards the need to revamp the police. The credibility among the common man and accountability towards the society at large are the twin-tests to judge whether the police force has democratised its functioning. The reasons why police in Bangladesh are wanting in these two areas are often traceable from within the society itself. On one hand the people are in the habit of looking at the police contemptuously and on the other hand the persons in power have shown no political will to introduce reforms advocated by various quarters. A bridge of confidence between the police and the people is a sine qua non in democracy but ironically our police is gripped by the crisis of this very confidence.

In democracy utility of police department can be secured in optimum only if it is allowed to function impartially and with independence. In our set-up, the police force is not independent of the executive and the politicians exercise ultimate control over it. The political interference in the functioning of the police department has not only paralysed the force, it is one of the major reasons which have prevented country's police from becoming suitable to the needs of democracy. Consequently, the police has lacked in the professional standards of competency rendering them incapable of facing the multiplying challenges of crime and order.

The role
The role of police will be evaluated in the perspective of people's interest. The police forms part of the executive. The police, the government and the judiciary bear a mutually informing position to one another in a democracy. An efficient police force provides the teeth of effectiveness to the government. By maintaining law and order and ensuring public peace, which is a basic requirement for socio-economic advancement, the police facilitates the task of a democratic welfare state.

Thus the police functions as an active partner in democratic progress. As a crime-prevention and investigation agency the police performs a supplementary role to the courts of law. In spite of the pivotal place of the police in democracy, somehow its role has not been brought to the public scrutiny and public debate in our country so as to infuse awareness in the police set-up about their duties.

It is time we take cognisance of improved methods and refined processes in expert investigation and the use of brains as against brawn. We must reeducate the constabulary out of their sadistic arts and inculcate a respect for human rights. We have to realise that a police force which relies more on fists than on wits or on torture than on culture can not effectively control the crime. Police in our democratic polity must keep off the trigger-happiness and must exercise due restraint especially when tackling the political rallies and gathering where people's democratic rights are directly affected. The spectrum of punitive, regulatory and restrictive functions of police is very wide now. In these new dimensions, the role as a watchdog of democracy is quite complicated and sensitive. But this role can be performed only when the police functions as an instrument of law and the state and not of the government or party in power. The police must not be allowed to break the laws while dealing with groups of people who believe in violence and who work for breaking laws. It should be seen that discretionary powers of police do not lead to arbitrary, whimsical or tyrannical behaviour.

Strengthening democracy through modernisation
There is not much to speak positively about the performance of Bangladesh Police but the unaltered fact of the matter is that the police continue to be the principal investigating agency of the state for all criminal offences. However, years of neglect have brought us to the present sorry state of affairs when the credibility, efficiency and neutrality of the investigative body has been questioned and external agencies have become favourite for a job that is essentially ours. This situation should compel us to seriously ponder over the areas of mal-functioning and the alleged cracks in the institution. If the overbearing political executive has to be restrained from interfering in the investigation process then the tough talking has to be done now without any further delay. But prior to that an environment has to be created where all concerned can muster enough courage to call a spade a spade. The lead must come from the politician because he carries the mandate of the people. Executives of the bureaucracy, in their role as appointed representatives, must assert themselves so that the hallowed traditions of public service are not smeared any further.

To inculcate a scientific mind and to establish the preeminence of brain over brawn our investigative body must have the benefits of modern forensic laboratory. Enhanced investment in this regard brooks no further delay. Purchase of fearsome hardware may serve some purpose, but mainstream policing will get a solid boost if investigation efforts received substantial resources. If this is done then we will not have to look for external help in conducting criminal investigation and in so doing we will strengthen a vital organ of the democratic state. The supportive role of police cannot be minimised.

Frequency of order situations in Bangladesh wherein police force have the unpleasant but onerous responsibility to tackle crowd and gatherings in political rallies and hartals may perhaps be minimized by means of prior discussion and negotiation, howsoever funny it may sound. If only our people knew what staggering amount of public money is spent in the preventive arrangements of law-enforcing agencies in connection with hartal and the like. We may also consider if the universities could be policed from within as is done in western countries thereby relieving our over-stretched police force from a socially unwanted job. The manpower thus made available could be suitably utilised for actual security of citizens through deployment in exclusive anti-crime assignments. In democracy safety of the people is the highest law and thus the judicious allocation of police manpower has a tremendous supportive value.

Muhammad Nurul Huda is former Inspector General of Police and Secretary to the government.