Role of police Leadership in the protection of human Rights

 Leadership in Police is totally different and difficult from that in any other walk of life. It is so in as much as the ability to inspire and motivate the rank and file is so demanding that sacrificing of life in the line of duty is part of their occupational hazard. In the specific context of upholding Human Rights also, the police leadership has to set an example and be a role model for the subordinate ranks. Or else, they cannot otherwise enforce observance of Human Rights by their subordinates. Police leaders must themselves be humane, ethical, and possess high qualities of human excellence. They must live up to the definition of a man of character:

"An honest man; a man with a sense of duties and obligations of his position, whatever it may be; a man who tells the truth; a man who gives to others their due; a man considerate to the weak; a man who has principles and stands by them; a man not to elated by good fortune and not too depressed by bad; a man who is loyal and a man who can be trusted".      

INTERNALIZATION OF INTERNATIOINAL HUMAN RIGHTS

Today, Human Rights are truly internationalized but not fully internalized. The internalization of Human Rights culture is now an irreversible need of the times and the police leadership has a crucial role to play in this regard. To quote Vaclav Havel, "the exercise of power is determined by thousands of interactions between the world of the powerful and that of the powerless, all the more because these worlds are never divided by a sharp line; everyone has a small part of himself in both". Ralph Crawshaw said that "the exercise of power by a police official is one significant manifestation of an interaction between the world of the powerful and the powerless ... a police official. ... exemplifies, probably more than any other person, the blurring of the division between the worlds of the powerful and the powerless". Power as an abstract concept is neither good nor bad. Authority, the offspring of power, when based on arbitrariness, becomes authoritarianism and is most offensive to the very concept of Human Rights. The obligation of the police leadership to protect Human Rights will be fulfilled when it is realized that power for the police is not an end in itself but is a means to serve the people.

Professionalism, it has been said, is a proper balance of knowledge and skills on the one hand and proper response to the needs of the people on the other. By this standard and on both the counts already stated, police in our country can hardly be called professional. The 'third degree' treatment of suspects or those in custody, the callous way in which most investigations are conducted and the less than civil manner in which the poor or less-privileged sections of the sery are dealt with at the police stations are but a few examples of the lack of professionalism amongst our police personnel Mr Justice M.N. Venkatachalaiah, former Chief Justice of India identified those areas of the Criminal Justice Administration that require serious and immediate attention thus "the first and the foremost is the professionalisation of the police and insulating it from the unlawful political interferences. There ought to be a system of departmental ombudsmen to check corruption and malfeasance and to investigate complaints of abuse of power and of harassment and keep a sharp eye and a firm hand on police excesses". If only the police leadership were professional themselves and insisted on their subordinates being alike, perhaps Human Rights would well be protected by the Indian Police.

CREDIBILITY

Hypocrisy or a mismatch between percept and practice is what a police professional should be indulging in the least or better still, not at all! But in the arena of Human Rights observance by the police, this is exactly what is done, and most of the time. This, to a large extent, is also responsible for the low credibility of the police in our country. We have a large number of laws on the statute book, multiplying the 'regulatory' and 'enforcement' role of the police. A sizeable section of the society either disapproves a certain law or approve of it only when applied to someone else. Police are caught in a no man's land, especially in case of social legislation. The unscrupulous use of discretion in the exercise of power at the cutting-edge level, often in favor of the rich and the powerful, adds to the credibility gap, which is also complicated by the 'pressure' to solve the cases 'somehow' by supervisory officers and even the public, when they happen to be complainants and which amounts to tacit approval. Added to this ambivalent attitude of the public towards observations of Human Rights by police is the trial by the Press, which also affects the way police deal with a given situation. The police leaders, therefore, owe it to themselves, the Service they belong, and the people at large to improve the credibility of the organization.

POLICING BY CONSENT

It is traditionally believed that, it is a policeman's duty to obey all orders issued by the government and seniors whereas in fact and in law, this duty begins and ends with compliance of only legal orders. The emerging culture of a 'committed' police is an added insult to the injury of police being widely considered as a visible and strong arm of the government. Policing by force must eventually and surely yield to policing by consent in a democracy and it is high time that police leadership became agent of this change process. Instead of 'militarizing' the police, they should seriously and without delay 'civilize' or 'civilianize' the organizational rank and file. Such policing by consent would presuppose ethical and legal policing and in the event, all policing cannot but be just, legal and invariably in true public interest, and minimizes extra--departmental and political interference to a no inconsiderable extent. The primary function of police today is anything but control of crime. Much of their time and energy is spent on maintaining public order and VIP security. When the very raison d'etre of the police is thus in question, the emergence of community policing as an organizational initiative seem to offer a less- demanding rationale., providing reduced fear of crime in the citizenry. Though it is no easy path from policing the community to community policing, the latter option commends itself to police executives for the protection of Human Rights and promotion of proactive policing.

IMPROVING INTERNAL SERVICE

It is an axiom of modem Management Theory that the external service delivery of any organization would not improve until it effectively used and served its own employees. In the Indian Police environment, the subordinate is invariably considered to be lacking in drive and irresponsible and needs to be coerced or punished to achieve organizational goals by the superior to whom power and authority are sacrosanct and unquestioning obedience from a subordinate is taken for granted and the only motivational techniques known are the use of stick, with an occasional carrot! The National Police Commission's observations in this regard are pertinent-"the manner in which the police officers at the lower level behave is conditioned by the manner in which the police officers themselves are treated by their own higher-ups in the force.

Therefore, there is simultaneous need to reform the intra-departmental behavior and conduct of police officers towards lower ranks". The one way communication within the organization and from above most of the time makes the leaders authoritarian, and those down the line transfer the style in their dealing with the public. Who talks of rights of the policemen-leave alone of their basic rights like reasonable single/married accommodation, time-bound duty shifts, adequate medical care, insurance/risk cover etc.? The senior echelons of the organization have to take the blame for the state of neglect, at least partly, for several of them no longer lead the men they command, but manage to stay at the helm, and when it is time, fade into oblivion.

1.5 DAY-TO-DAY POLICING

Policing in a democracy is decidedly a tight rope walk. While police are 'statusquoist,' it needs to be said that dissent is vital to democracy. With the breakdown of traditional and infomlal controls and the near breakdown of the Criminal Justice System due to sheer overload, it is only the fine tuning of day to day policing function by police. executives in the specific areas like the use of force, arrest, treatment of detainees, privacy of a citizen, policing during civil disorder, social responsibility/accountability of police and protection of minorities, women, children, and weaker sections of the society that can restore a semblance of balance. It is true to a large extent that abuse of authority by police is little checked by the police executives. What the active Press and judicial activism have been able to do in this regard touches only the tip of the iceberg. In a uniformed organization, it is only the police officer who must be able to exercise his or her influence rather than power, and specifically, have the ability to get things done, not at any cost but in accordance with the law.

TRANSPARENCY AND ACCOUNTABILITY

The growing awareness among the public of their rights necessitate a certain transparency in police conduct along with accountability for the work they do or don't. An evaluation of the nature of complaints against the police will also be helpful in throwing light on the track record in this regard. The international standards on redressal of  grievances pertaining to Human Rights violations require that free, fair, and impartial investigations are conducted into all such violations. Although legal sanctions do exist, in practice the agents of the state are able to act with little fear of being held accountable. While the bold and path- breaking initiatives of the National Human Rights Commission and certain judicial courts in initiating criminal action against the defaulting agencies of the State- even awarding compensation are welcome, it would be in the fitness of things if the police leadership were able to inspire the confidence of the public by holding the police accountable for all their omissions and commissions.

SENSITIVITY TO MULTI-DIMENSIONAL ROLE OF HUMAN RIGHTS

Much of the malady with regard to the police wrong doings vis-à-vis Human Rights could be mitigated if the staff at cutting edge level are sensitive to not merely the matters pertaining to what are strictly the police subjects but to other areas like upliftment and empowerment of women and dalits, rehabilitation of juvenile delinquents, sex workers, drug addicts, etc. so that there is a certain sensitivity in whatever they do, besides appreciating the multi-dimensional role of Human Rights, which no longer are confined to a few covenants, declarations, protocols, or such other instruments but transcend today to areas like development, environment, etc. Police must get used to respecting dissent and criticism as part of civilized democratic existence and this would also mean that they cooperate with NGOs including those connected with Human Rights like the Amnesty International, PUCL, etc. 

 IMPORTANCE OF HUMAN RIGHTS TRAINING FUNCTION

Senior police officers have an obligation to develop the human resources at their disposal through training. The importance of training function in the scheme of things in any police set up is at best marginal and it is common knowledge that most police chiefs consider it essential for the trainees to "unlearn" what has been taught at the police training insti-tutions for them to be "effective" in the field. Against this backdrop, and in the context of Human Rights training, it would be pertinent to point out that the knowledge, skills, and attitudinal inputs that are presently given can hardly be said to be comprehensive at most of the police training institutions. It is high time that such human right training is undertaken aimed at building a 'Culture of Human Rights' in the organization.

ETERNAL VIGILANCE TO UPHOLD THE MAJESTY OF LAW

The problem today is not lack of provisions in law or direction from the apex and other courts but a lack of will to implement the law in its true letter and spirit. It is in this regard that police leadership has to assert itself and ensure that Law, as in the statute book and as laid down by the various courts, is implemented and no extraneous considerations are allowed to step in the way. In other words, there is need to restore the majesty of the law. Any appeal to the police to be sensitive to the Human Rights dictates would tantamount to asking the wolf to be kind to the lamb. We all know the moral pressure exercised by the National Human Rights Commission in the repeal of draconian law TADA and but for such pressure, it would have remained on the statute book. The redressal to custodial deaths and torture lies not so much in the compensational packages that seem to be engaging the attention of all and sundry these days but in ensuring accountability and respect for law. The police need to be more humane and compassionate while dealing with the public. They need not only to be educated and trained but the fear of law needs to be reinforced by strong vigilance machinery.

 

ERRORISM AND INSURGENCY

In a democracy, violence as a form of dissent can never

be justified. In the words of Justice O. Chinnapa Reddy- "Whether it is the extremist and terrorist on the one hand or the law and order enforcement agency that has sworn to shoot and kill them at sight, both are fanatics, one swearing allegiance to instant change and the other to the status quo. Both are intolerant to dissent; neither believes in Human Rights and either will lead to authoritarianism of one kind or the other. Every attempt to silence dissent (calling it subversion) by the forces of law and order will only hasten the deterioration of dissent into violence and generate and foster violence. Some apologists claim that police do not make violence: they react to violence and sometimes excessively with counter violence. Except in the matter of private defence has counter-violence ever been recognized as a justification?" Winning the battle for the Human Rights must not mean that war against insurgency and terrorists is lost. Human Rights must not be allowed to be used as a political weapon. Also, they cannot exist in a vacuum. They do produce social disorder even if they are placed ahead of  victims' concerns. Effective supervision and taintless performance in the field by the law enforcement machinery as a matter of routine are effective safeguards against any excesses. Ways and means have to be found to check the wayward enforcement of laws, whether special or ordinary.

1.11 VICTIM PERSPECTIVE

All along, there has been a general awareness on the need to protect the rights of offenders and the accused but since 1985, with the adoption of the UN declaration on the basic principles of justice for victims of crime and abuse of power, the focus has shifted to victims as well. Higher echelons of police are yet to catch up with this changed scenario. It is time that police executives paid serious. thought to the plight of the victims of crime and abuse of power. By victims we mean those who collectively or individually have suffered harm including physical or mental injury, emotional suffering, economic loss, or substantial impairment of their fundamental rights through acts or omissions that are in violation of operative national criminal laws (Victims of Crime), or of internationally recognized norms relating to Human Rights (Victims of Abuse of Power).

The U.N. Declaration emphasizes four aspects of rights to victims of crime and abuse of power:

1. Access to justice and fair treatment

2. Restitution

3. Compensation, and 4. Assistance 

POLICE REFORMS

It is often seen that police officers feel the need to change everyone else except themselves. They also bemoan the need for reforms but do little to bring about changes wherever they could in the limited sphere of their activity. At the individual, team, and organizational levels, there is a felt need to be in tune with the changing environment. In its annual report for 1995-96, the National Hunan Rights Commission has underlined the need for urgent action on police reforms for the protection of civil liberties and for curbing violation of Human Rights. In particular, it favored insulating investigative tasks of police from political, executive, or other interference, fixed tenure of office for Chiefs of Police in the States and constitution of State Security Commissions in each State on the lines suggested by the National Police Commission. Stating that an efficient and honest police force is the 'principal bulwark' of the nation against violation of Human Rights, the Commission strongly favored improving the quality of the police and restoring its prestige and luster in the eyes of the nation. The recommendations include measures aimed at reducing and eliminating violence in custody and measures for the protection of Human Rights in prisons as well as in areas affected by insurgency and terrorism. The recommendations include those meant for creating a culture of Human Rights throughout the country.

The Bangalore Declaration of the 24th Criminological Congress in February, 1996 has sought immediate implementation of the report of the National Police Commission, particularly with regard to police autonomy and efficiency. It emphasized the training function in  reinforcing the egalitarian and secular values of the Constitution among police personnel and advocated a place of prominence for Human Rights training. The Declaration also pleaded for modernization through better management and Information Technology while calling for the code of ethics to be disseminated and enforced through peer groups and exhorted that third degree methods be ruthlessly put down by quick punishment.

PRIVACY

A special form of police activity that is designed to counter present day problems like terrorism, insurgency, organized crime etc., besides day-to-day policing is that of intelligence and security services or the plainclothes police, which impinge upon the rights of privacy and civil liberties of a citizen. It is necessary that police executives do contain the activities of these agencies that they are amenable to the rule of the law and for upholding Human Rights.

 ORGANIZATIONAL CULTURE

A police stereotype as perceived by the man on the street-one who is pot-bellied, more of brawn and little of brain, brutal, foul-mouthed, corrupt, having nexus with the under-world, more amenable to the moneyed and the politically powerful-is, in short what a policeman should not be. These sub-cultural and deviant traits are a product of personal weaknesses, personality defects, failure to cope with work-related stress, and low morale. An organizational culture conducive to the promotion of Human Rights needs to be brought about by the police executives. For this purpose, they need to set objectives for the organization as a whole and for each rank and file individually with a view

to gaining the trust of the people. Unfortunately, most police forces in the country today have no declared mission and similarly, there is considerable lack of clarity about the objectives for the rank and file.

The Mission Statements and the Code of Conduct for Police and its training establishments guide their actions as per the dictates of Law and the aspirations of the people. At the DSGP/ISGP Conference held in New Delhi on September 7, 2001, the Union Home Secretary requested the Police Chiefs to frame the mission statement for the Police force containing an action plan for making the police force more responsive and effective besides making the people more conscious of their duties and responsibilities.

 CODE OF CONDUCT FOR POLICE  (INDIA)

The Police must bear faithful allegiance to the Constitution of India and respect and uphold the rights of the citizen 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 law or in maintaining order, the police should as far as possible, use the methods of persuasion, advice and warning. When the  application of force becomes inevitable, only the irreducible 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 society and on its behalf, they are employed to give full time attention to duties which are normally incumbent on every citizen to perform.

The police should realize that the efficient performance of their duties will be dependent on the extent of ready cooperation they receive from the public. This, in turn, will depend on their ability to secure public approval of their conduct and actions and to learn and retain public respect and confidence.

The police should always keep the welfare of the people in mind and be sympathetic and considerate towards them. They should always be ready to offer individual service and friendship and render necessary assistance to all without regard to their wealth or social standing.

 The Police should always place duty before self, should remain calm in the face of danger, scorn or ridicule and should be ready to sacrifice their lives in protecting those of others.

The police should always be courteous and well- mannered; they should be dependable and impartial, they should possess dignity and courage; and should cultivate character and the trust of the people. 

Integrity of the highest order is the fundamental basis of the prestige of the police. Recognizing this, the police must keep their private lives scrupulously clean, develop self-restraint and be truthful and honest in thought and deed, in both personal and official life, so that the public may regard them as exemplary citizens.

The police should recognize that their full utility to the state is best ensured only by maintaining a high standard of discipline, faithful performance of duties in accordance with law and implicit obedience to the lawful directions of commanding ranks and absolute loyalty to the force and by keeping themselves in a state of constant training and preparedness, and

As members of a secular, democratic state, the police should strive continually to rise above personal prejudices and promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women and disadvantaged segments of the society.

 COMPLEXITIES OF MODERN CRIME

Development of modem technology in various fields has undoubtedly brought many benefits to mankind but it has also brought with it evils of its own. Technology is a double-edged weapon-it helps the police in crime detection and crime prevention but it also helps the criminals in committing "sophisticated crimes". It is true that the real proof of effective enforcement of law and eradication of crime from the society is not the presence of huge organized police but absence of it. But it is too Utopian an ideal, particularly in the context of the organized crime often with a national or even global links. Terrorists, drug mafias, and the "under-world" are better financed and, hence, better equipped and better organized than the police.

It can even be stated that the degree of motivation in the criminals in the commission of crimes is higher than in the prevention and detection of crimes by the police. Commission of crimes in an atmosphere of psychological aberration, the camaraderie generated by guilt feeling and guilt-sharing, disproportionate monetary benefits, perceived sense of real or imaginary 'injustice' at the hands of the 'society' and many other genetic and environmental factors create greater intensity of morbid levels of motivation in criminals. These factors are stronger than the factors like devotion to duty, feeling of righteousness, uprightness, etc. among the police. Hence greater effort is needed in training and motivating the police in tackling the vastly different range and variety of crimes committed in the present times.

 TRAINING MODULES IN HUMAN RIGHTS FOR POLICE LEADERSHIP

Adequate steps must be taken by the Police Leadership to ensure proper training for sensitizing the police at the cutting edge levels to Human Rights concerns as below:

The sensitizing of the police in Human Rights at national, regional, and local levels must be undertaken.

The training should not only be pedagogic but also situation-oriented. Actual simulation exercises in real life problems must be conducted.

Human Rights training should not be presented as a moral exercise but as a part of their training in legal awareness. Human rights are not moral principles but legal norms.

Human Rights observance requires greater motivation, commitment, and self-restraint on the part of the police. Psychological counseling should be a necessary part of the exercise.

The training sessions should include adequate instruction not only in textual provisions of laws but also in the judicial pronouncements by the Supreme Court and the High Courts in our country so that the trainees would understand implications of the case law.

Internal monitoring should be introduced so as to periodically check Human Rights violations at the cutting edge level. This will amount to policing the police by the police, and

Different standards of the provisions of the law in ordinary Acts like the Indian Evidence Act and special laws like the Prevention of Terrorism Act (POT A) and the Organized Crimes Acts enacted in some States like Maharashtra must be adequately explained.

POLICE LEADERSHIP-TASKS AHEAD The following suggestions may be made with regard

to the tasks that lie ahead of the police leadership in India: Observance of Human Rights Day (10th December) by

all Police Stations/Offices in a befitting manner in the

States as well as Central Police Organizations. Installation of Close Circuit Television Cameras in the lock-ups in all Police Stations. 

Setting up of interrogation centres at all Sub Divisional Headquarters.

Setting up of field units of Forensic Science Laboratory in all districts and opening of regional forensic science

laboratory in each State.

There should be a reference to observance of Human Rights standards in the employee appraisal format.

Surprise inspections of Police Stations by Senior

Officers will deter custodial violence. Complaints of Human Rights violations have to be

enquired into expeditiously.

Human Rights awareness campaign on a continuous basis to educate the members of the public and subordinate staff.

Emphasis should not be laid on crime statistics for

evaluating the performance of an SHO, and Organizational culture must promote Human Rights observance in letter and spirit.

 CONCLUDING REMARKS 

 Everyone is entitled to a social and international order

in which the rights and freedoms set forth in the Universal Declaration of Human Rights can be fully realized. In India, Police leadership needs awareness both of international human rights standards as well as of the legal provisions protecting Human Rights in India. This is needed for a reinforcement of national standards, the international context of policing, and compliance with international obligations by States. Awareness of philosophical and historical rationale for the development of national standards and systems protecting Human Rights not only provides insights into the nature of specific rights and underlines reasons for their protection. It enhances the probability of compliance with domestic provisions designed to protect Human Rights. All States are bound, to varying degrees, by international legal obligations protecting Human Rights. More effective compliance by States with these obligations will be secured only when Police leadership and other public officials are aware of their nature and purpose. Police leaders at the service of Human Rights will develop a demeanor, which embodies an instinct or a perception for human dignity. Being witness to human beings, as they sometimes are, in degrading and degraded situations, Police leaders are exposed to cynicism. It is in this context, they have to avoid becoming indifferent, however difficult that may be, if they are to develop and retain proper judgment of an appreciation for the rights and dignities of all.