Straight Line
Ensuring service from our police
Muhammad Nurul Huda
Of late there has been considerable discussion about making our police service-oriented. This is so because a recent UNDP sponsored survey has highlighted the poor service image of our police, and also the adverse reactions of the general population to police performance.An obvious question is whether the police force is perceived to be integral to the rule of law. Equally important is whether our police force is gender-sensitive, and whether it is proactive in providing security to children and other vulnerable sections of the society. In order for the answers to these queries to be affirmative and positive, the police organization has to be public-friendly, both posture-wise and in practice. The functional dynamics of a service-oriented police organization, and its mandate, demand in-depth examination, and presupposes the placement of effective structures. The role reversal of a largely colonial police force is basically a predetermination of the whole governance paradigm. Upon examination, we find that the police have been made to act as agents of the political executive, rather than as instruments of a democratic state. There has been selective application of law. The police are not viewed as members of an organization publicly maintained to enforce the rule of law. So, before expecting service from such an organization, we have to seriously ponder on how can we ensure it's political neutrality while effectively bringing it under democratic control. To render the force politically neutral we have to place it under apolitical control, thus creating a cushion between political expediency and law enforcement. Persons with influence cannot be allowed to interfere in the police's mandated duty. At the same time, it is crucial to bring the police under a system of accountability mechanisms that enjoy public confidence. Our accountability mechanisms need to be replaced by statutory institutions, like the Independent Police Complaints Authority in Britain or the Public Safety Commission system of Japan. The Japanese Commission ensures that police operations are uninfluenced by the party in power. Such apolitical Public Safety Commissions are meant to ensure that the police are insulated from the debilitating day-to-day influence of political control. For ensuring service from the police it will be necessary for the political and police leaderships to respond to the expectations of the people, who are the customers. The complexity of policing cannot be allowed to be a means of excusing poor management and leadership. There is a need for a shared vision, and understanding of a common mission, with focus on meeting the community's expectations. Higher standards of public safety and police accountability demands quality management. To render the police a service-oriented organization, our first task should be the enactment of a new Police Act so that people in positions of power cannot abuse and misuse the police organization. The government's superintendence should have some guidelines to ensure legitimate use of power. The new act should establish institutional and other arrangements to shield the police from undesirable and illegal outside control, pressure and influence. The new legislation should recognize the necessity of an efficient and effective police force by outlining objectives and performance standards, and should incorporate independent mechanisms to monitor and inspect police performance. It should insist on the growth and nurturing of a force that is subject to the rule of law, can intervene in the life of citizens only under limited and controlled circumstances, and is publicly accountable. For too long, the basic functioning of the police has remained unchanged. What is needed is to make the improvement of the quality of law enforcement a permanent and integral part of the national agenda, regardless of which party is in power. Public concern for improved levels of law enforcement has never been higher. There is growing recognition that the task requires a concerted effort by all concerned -- the state, the private sector and the civil society. Without enduring partnership and coalition building among the principal actors involved, there can be no hope of significant police reform. An enlightened and determined political leadership, high level of public support, and a motivated and well-led private sector are absolutely critical for change. Equally, or even more importantly, a civil society that demands and supports higher and better standard of police performance is a must for bringing change. Today, the core issue is not so much what the police does, but why it does what it does. It is time to make the police work for the people. Increasing criticism of the police to prevent its wrongdoings has marked the last 36 years, without showing the necessary will or support to change its design. At present, police reform issues are receiving focused and continuing attention in the media. It may now be possible to address this vital subject more dispassionately and strictly, in accordance with the dictates of public interest. We cannot afford to allow the sacrifice of the quality of law enforcement at the altar of infighting between various vested interests. The Police Act, 1861, was designed to promote and sustain a culture of status quo, with the police hierarchy playing second fiddle to their bosses outside the organization. There is no institutional mechanism for recognizing and rewarding professional excellence. Therefore, the political executives have to proactively give up their long-held powers of superintendence over the police in favour of apolitical Public Safety Commissions to ensure political-neutrality of police operations. The onus of ensuring malpractice-free management of the force, including recruitment, promotions, postings and transfers, however, squarely rests with the police hierarchy. Historically, policing in our part of the world has been, by and large, a one-sided affair, with communities having little or no say in local police matters. The Police Act of 1861 was silent on the issue of community consultation but was clear on the responsibility of communities to ensure order, and the concomitant punishment in the event of lapses or negligence. If our aim is to inculcate a service mentality in the police and make quality policing a way of life, then the existing system has to be overhauled. The police constable has to be transformed into a responsible official, providing important service to the community. The fear-striking police setup has to be replaced by a customer-friendly outfit. There has to be a clear, shared, sense of mission. There has to be a clearly understood organizational goal. Our citizens have to be part of the decision-making process. The police command and control structures have to rest with police chiefs. The leadership has to be adequately empowered to effectively control the delinquents. There have to be credible and effective mechanisms for policing the police, no euphemistic accountability structures. The new legislation should be able to cover all the essential elements of re-invention, based on the best models available. Ensuring service through law enforcement modernization is a substantial challenge. So the first step should be taken now, without any further tinkering. Muhammad Nurul Huda is a columnist contributor to The Daily Star.
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