Let the police function by law, under the law and for the law

Dr M Enamul Huq
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People simply do not trust this Government anymore. So they are cordoning off their streets. They are buying guns. They are hiring private security. Who can blame them? There no longer is a link between the commission of crime and swift and sure punishment. Justice more often is miscarried than well served. No one is secured in this country anymore. People want to see some semblance of order and justice lest the whole perception of rule of law is changed." These are extracts from a victim's statement to the Law Enforcement Alliance of America.

A welfare state pledge-bound to fight inequality, exploitation, poverty, ignorance, disease, squalor, and unemployment within the domain of law and through legal process has of necessity to undertake socio-economic legislation on an ever widening scale. Social thinkers and world bodies like UN and other have also felt that police has a positive role to play not only in the enforcement of social legislation relating to children, women and elderly of the family but also take a hand in organizing social defense to project a good image before the majority of the people. It can not however be denied that with their present somewhat inadequate strength and insufficient training, the police forces will find it difficult to cope with this enormous amount of additional work unless they enlist the fullest and unstinted cooperation of the society as a whole and specialized concerned agencies in particular with the sole aim to help supplement the security system in a desirable manner.

Bangladesh Police, like police forces all over the world is primarily responsible for the preservation of peace and order, protection of life and property of the people and prevention and detection of crime. But this traditional role has undergone significant changes after liberation. The role of the police is no longer confined to maintenance of law and order and prevention of crime. To meet the need of an independent and developing country the police is now required to play a significant role in development activities by providing the basic security required for sustained economic growth of the country. Police also have been contributing substantially in this field by keeping under control economic crimes which retard the process of development. The police force is further playing a vital role in dealing with insurgency in some areas of the country which impedes development activities and threatens the security of the state.

Basic to any society, primitive or modern, developed or underdeveloped, is the necessity for compliance with authority, the necessity for disciplined behaviour and the necessity for community tranquility. What as pivotal to any stable public order is some reliable and effective system of law enforcement.

The legislators frame and construct the law, attorneys study, interpret and present the law and the judges make final interpretations and application of law and impose sanctions. But the law enforcement officer applies the law immediately, gives its effectiveness and executes the law in a direct personal fashion. His role, therefore, is of extreme sensitivity. While it is true that apathetic or indifferent enforcement of the law can make the law sterile or meaningless.

Over the years it has been the practice to utilise the Police as Law Enforcer whose object is to ensure internal peace and orde as against its another counterpart which is responsible for securing the country from external threat or aggression. With the passage of time, increase of population and change of pattern of society and scientific developments and complicacies thereof 'Policing' is gradually becoming not only more and more complex and difficult but also unpleasant and thankless. Though virtually, the only constantly visible presence of Government more pervasively than any other components because unlike others the police mandate requires a sense of total involvement in the community life. In fact a policeman should have a little of missionary in him and something of Solomon. He will have to be by turn a diplomat, confessor, superman with Machiavellian touch and also a Good Samaritan having powers both of an extra-ordinary clairvoyant and of Sherlock Holmes.

Against this backdrop, the activities of the police are scrutinised and their failings are highlighted too frequently and at times rather parochially. Criticism of the police force has never been as rampant and as pervasive as it is these days e.g. indiscipline in the ranks, brutality in the lockups, rape in custody, corruption, highhandedness, non availability at the time of need, at times too agile and sometimes too apathetic.

Police encounters and hundreds of such happenings keep surfacing at regular intervals all over the country. Indeed, so frequent have been the accusations hurled against the force from all quarters, that public perception of them has been reduced to one of an ineffective but ruthless and venal but timeserver corps.

Yet behind this all too publicised façade lie the unhappy lot of the individual policeman. An underpaid and overworked government servant with practically no incentives. Not only does he generally go without overtime allowance and annual leave but is also often deprived of the weekly holiday and at times religious and national festivals pass them by because of the pressure of work (commonly known as 'emergency'), thus making a total 26% extra days of work per year for the policemen. Eight hours of duty is not for them, they are meant for twenty four hours and often required to work for twelve to fifteen hours, without rest and relaxation. 70% of them will have to make to do without house to live in and without family. Men of any rank may be frequently and suddenly transferred to take over within short time. It would be difficult to find any profession other than police which has considerable number of injury and casualties while performing their duties, at times those which are not within their charter. All these coupled with strict regimentation has made the force rather grudging one with grievances turned into hatred- thereby initiative, cost and dependability goes and they are transformed into a disgruntled force whose services are often dispensed with summarily under Special Provision Ordinance 1976.

Surprisingly enough even then this is the single force which have been a prop of democracy, the controller of communal occasions, the men who stood by the government when all other went on to strike and maintained a semblance of order in a land beset with poverty and disparities, instability and infirmities.

And there it necessitates that the experts and pundits should ponder over the issues, whys and hows. More than once the question of reform has come and in fact when things go out of proportion the formation of Police Commission is harped on. But with the change of government and passage of time often those become the contents of cold storage. There is something in police reform which makes the best minds wilt. One cannot say really what it is. Is it the hesitation in touching a subject which few know anything about? Is it the fear of opening a snake basket? Or is it that we all are brought up with the traditional hatred against the police and to do anything which would make them human and respectable seems to as taking away the 'Danda" from their hand with a subconscious belief that the state survives because of the wickedness of them. There has been unnecessary delay in taking action on the several Police Reform Commission Reports and one wonders is it because implementation of the recommendations would destroy the hold of the politician, bureaucrat and/or some other vested coterie?

To keep pace with the highly sophisticated and mobile criminals of today the police force has to update its methods of detecting and containing crime. Adequate manpower and equipment, improved communication and transport, involvement of scientists and forensic experts in criminal detection work will ensure that the police force is able to meet the demands that will increasingly be made upon it. In the strictest sense modernization of the police force needs adequate and better type of papers, pencils to the provisions of the most uptodate and sophisticated communication and computer system.

The successive governments have promised quite a lot but in reality there has not been expected outcome as the issue itself is very complex and often the paucity of funds has posed a serious problem. However the following figures will indicate the trend of budgetary provision, especially how scanty the amount under head 'training'-which is anything but desirable.

But unless some thought is given to the simultaneous development of human resources which constitute the best potential assets that the police have there can be no lasting benefit. Along with modern and sophisticated equipments there has to be constant reorientation in the attitude of the police. And for that more care in recruitment and training is essential. Particularly the training aspect need serious and sincere attention so that on the plea of budgetary constraints the very nursery of policing is not overlooked and their efforts are not wasted. What is important is that the police as a whole should develop a will and an attitude of humanisation without that no amount of investment in machinery and equipment will be really productive. They are supposed to be guardian of law and order and not of the tax payer to whom they are fully accountable.

Police is only one, even if an important limb of the criminal justice system and social defense system. Therefore, it is equally important that the other arms of the system like judiciary, jail, correctional and penal services are also modernised. After all the action of one impinges on the other. Further, unless laws keep pace with the needs of time all efforts would at best be an exercise in futility otherwise it would be like putting a jet engine to a bullock cart.

The country's overall efforts against crime and offender will only be intense as the public demand. It goes without saying that the government is bound to act in response to the desires of the people. Therefore, in the ultimate analysis, the police and the rest of the law enforcement agencies will be effective only to the extent public would approve and demand. But one thing can be said with confidence and that is the police machinery has to be updated thoroughly if it is to face the challenges of 21st century. At present, we are ill equipped even for 19th century.

In the context of the present day situation of law enforcement perhaps majority of the tax payers do want a change and that can be achieved if we give policing the attention that it deserves. Much depends upon the mental make up of the persons in command of the country- be it legislator, bureaucrat, politician or any other authority who should honour the rule of law in each citizen's life, foster an awareness of the heritage of individual freedom under the law, emphasise respect for law and reaffirm the value of a government of rule of law. It is in the enlightened self-interest of the government (whatever form be it) even at this late stage to let the police function by law, under the law and for the law before we cross the point of no return.