Reform imperatives for the police

Muhammad Nurul Huda
...................................................................

By all accounts the necessity of reform in the Bangladesh Police is a well publicised priority. One may ask where do we start? A considered view is that we may begin from the beginning, i.e. from the mother legislation from which Bangladesh Police derives its present organised form. The police as one of the important departments of the state derives its authority from the Police Act of 1861 and subsequent marginal legislative changes made thereafter.

Police Act
It has been observed that the Police System as introduced by the British was not conceived as a service. It was designed as a force to serve the ends of an alien rule. Since 1947 the police are required to act as agent of law and are viewed as 'Citizens in Uniform'. Hence, the police in the present context is supposed to be a service. This idea should be spelt out in the Act by way of suitable amendment. The civilian character of the police should be given statutory recognition. Prevention and detection of crime as detailed in the Act of 1861 should now constitute only a part of the work of the police and not the whole of it.

Protecting the rights of the citizens, ensuring social justice and rendering service to the community must become a part of the conceptual framework. In this light the existing provisions of the Act of 1861 should be reviewed. In the reorganisation of the police system of the state there should be a clear statutory recognition of the fact that the role of the police is not purely punitive. It is also protective, preventive and reformative. The police, apart from being the law enforcement agency, should be conceptualised as a welfare institution for the achievements of social justice. This would necessitate statutory redefinition of the service role of the police. The detective and repressive role of the police has to yield to a system of community service thereby drastically changing the concept of penology with more emphasis on eliminating social evils and rehabilitating those forces which pose a danger to peaceful existence of the society.

The image
The image of police has been less than satisfactory. The impression still goes round that police will side with the guilty and oppress the weak and innocent or that the police will side with the affluent and ignore the poor. Efforts so far made for a change of the image had been more or less adhoc and periodic -- not a built-in device and a part of the development process. The need to improve upon the public image of the police is that in a democratic polity police should be a purposeful regulative mechanism of the government for the purpose of maintaining a peaceful society with the cooperation and goodwill of the public and for upholding the rule of law to ensure welfare and security of the people.

One of the methods for improving the public image is the introduction of good police-public relations mechanism. In the efforts of establishing better rapport and ensuring cordiality with the public, the police should take the initiative rather than to wait for the attitudinal change in people. Public relations work should take the initiative rather than to wait for the attitudinal change in people. Public relations work should not be confused with propaganda and publicity. The objective should be to disseminate correct information, educate the people and gain their cooperation. There should be no restriction on the contacts of the police and that well organised press service should be set up for prompt communication. The plan or strategy should include contact with the educational institutions and students union.

Recruitment
The question of depoliticising the police force is of paramount importance to fight crime and violence. There is a need, therefore, to stop recruitment of officers from the ranks of various parties and their sympathisers and to attract a better class of people, better educated. There is a need for remodelling the recruitment policy. Recruitment should be done by a body akin to the Public Service Commission.

Controlling the police
The idea to set up national level Security Commission to control the police and to give broad policy directions to the police merit serious consideration. In such a commission may be included public men, jurists, administrators, academicians and social scientists. The Police Chief will be the member secretary of the commission which will not be connected with administration and transfers. In Japan and some other democratic countries, the police force operates directly under the Security Commission.

Modernisation, development and research
No concentrated effort has been made to link the police with social growth and development. Although law and order and development are complementary, preference for development without adequate needs of order has adversely affected the dynamics of development and administration. Efforts in the form of commissions have not been a part of the development process. As such even the few reforms put forward could not keep pace with societal changes and needs of the police department. Therefore, the urgent need to modernise for improvement can be met through Bureau, Cells and Institutes for undertaking evaluation and review of the scheme for reforms and efficiency in the police system. Research can be one of the methods, by initiating public dialogue and debate. The debates may result in evolving proper principles of conduct for the police and the public and the proper area of the functioning of the police.

Interference in police functions
If political interference has wreaked havoc in some places it is mainly due to the fact police officers themselves, including some of those at the helm of affairs, have evinced an undiluted proclivity to please the political bosses for their personal and professional aggrandizement. These officers set a bad example for the entire force and that is where the police-politician nexus, much to the detriment of the norms of law and justice, comes into operation.

The report of the Police Commission of Bangladesh 1988-89 remarks in chapter XIV.... "the Commission recorded the statements of witnesses and heard from them about the great prevalence of interference in police work. ... ... All the witnesses are almost unanimous in their statements about the interference in the functioning of police mostly by political leaders and persons in power." The commission further adds "such interferences unless stopped and curbed immediately will lead the country into such an anarchic situation that it will go beyond all control and misery of the people will know no bounds. Govt should immediately take a firm decision to stop all kinds of undue interferences in the functioning of police."

The situation, as of now, does cause worries. The remedy lies in the political will to let an impartial police system to develop for our own good. Can we also think of the creation of a 'Privilege Committee' comprising retired judges, police officers and civil servants with adequate statutory powers to insulate honest and upright officials from the excesses of highhanded politicians in their day-to-day functioning?

When policing and police are elevated to a pedestal of well-deserved priority in the government's plan and the necessary training and orientation are imparted to the rank and file of police forces, the malfunctioning can be progressively lessened and the police image in public perception will change sooner or later for the better.

.........................................................
The author is former IG, Police and Secretary to Government.