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| NEWS > 30 August 2007 |
Other related articles:
Lawrence case 'corruption' pro
An investigation is being launched over claims that police corruption helped shield the killers of black teenager Stephen Lawrence from conviction.
A BBC investigation alleges that the murder inquiry's Det Sgt John Davidson was paid by drug smuggler Clifford Norris, father of suspect David Norris.
The former detective denies any claims of corruption.
Neville Lawrence, whose son was stabbed in Eltham, south-east London, in 1993, said he always suspected corruption.
The Lawrence family has contacted the Independent Police Complaints Commission (IPCC) whi... Read more
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Times of India - India
30 August 2007
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Don't Let Cops Off Lightly
In a democracy, the police remain ultimately accountable to the people. It also has a responsibility to the law of the land. Protection of the basic rights of the people and compliance with law are the twin pillars of good policing in a liberal democratic society. However, the mandate of the police to use force to curb violence and disorder raises the key question that the police themselves should not indulge in abuse of force. This has come into sharp focus with the recent incident of policemen collaborating with a mob in lynching a petty thief in Bhagalpur.
Exercise of police powers must be subjected to checks and balances and these must be reliable and effective. It is fundamental to democratic societies that police powers, including the power to arrest and to use force, must be closely regulated through the mechanisms of an independent judiciary and ultimately subjected to civilian control through democratic institutions.
The challenge is to create mechanisms for organising oversight that can curb or correct the abuses of police powers. In India, the National Human Rights Commission (NHRC) set up under the Protection of Human Rights Act, 1993 enquires into cases of abuse and misuse of authority as well as violation of human rights by the police. Almost 70 per cent of the complaints received by the commission pertain to violation of human rights by the police. Similarly, human rights commissions in states set up under the same Act are also flooded with complaints against the police.
NHRC's enquiries have exposed many instances of abuse of power by the police. The commission has recommended action against errant officers and compensation to victims. It has taken steps to ensure human rights training and sensitisation programmes of police personnel. NHRC has also suggested systemic reforms recommended by the National Police Commission to insulate the police from extraneous pressures and build up institutional mechanisms to depoliticise the police. However, NHRC's endeavours to "police the police" have only been partially successful. Initial awe and dread of NHRC is now giving way to a more cavalier attitude on the part of the police. Some political leaders have gone out of their way to encourage and abet violation of human rights by the police. Many complainants have also expressed dissatisfaction at the slow pace of the disposal of the cases by NHRC and the human rights commissions in states.
Now the Soli Sorabjee Committee has drafted the model Police Act of 2006. It has recommended creation of a state-level accountability commission as well as district-level authorities to ensure police accountability. Many senior police leaders as well as state governments have unfortunately frowned upon the creation of these mechanisms. But their objections do not stand scrutiny. Senior police officers should draw lessons from international experience. The oversight mechanisms, if they function properly, will enhance police credibility, restore public confidence in police and also ensure fair play for the police officers.
Many police officers as well as scholars like David Bayley are of the view that for curbing abuse of police power internal organisational control is to be preferred to external enquiries. However, experience of dealing with police misconduct in different parts of the world shows that the capacity of police to regulate itself is limited and does not carry conviction with the people. There is lack of public confidence in the police forces' ability to investigate complaints against its own members. Public demand for civilian supervision of the police has received a stimulus from the widely held perception that the police cannot police themselves.
There are strong reasons in favour of civilian review of police complaints. First, complainants feel more comfortable and free to air grievances. Second, a civilian's perspective promotes fairness. Third, greater objectivity and thoroughness in investigation leads to a higher number of substantiated complaints and more appropriate disciplinary action against corrupt officers. Indeed, civilian review is critical to the legitimacy of the police. Its purpose is not simply to punish errant police officers but to demonstrate to the public that it functions as a responsible institution.
Civilian supervision in order to be effective should have an independent investigative capacity. If an independent investigation can be launched from the moment a serious complaint is received, it would reassure citizens. In the investigative set-up there must not be only police officers or ex-officers but also investigators with different backgrounds like lawyers and academics.
Experience in different democratic countries of the world shows that police organisations have been invariably hostile to attempts to set up civilian supervision mechanisms. External scrutiny of any kind is disliked by police officers who feel that it undermines police morale and effectiveness. In countries like Canada and Australia civilian review boards were criticised by many police unions as "kangaroo courts" in which the constitutional rights of the police officers under investigation were not observed. But available research does not support the contention that civilian review has an adverse effect on police morale. Surveys of the attitudes of police officers in different American police establishments confirm that civilian review did not have any negative impact on police morale or enforcement practices.
The writer is former director-general, National Human Rights Commission.
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