Professional Documents
Culture Documents
POLICING THE POLICE - Ensemble of 60 Articles On Police and Policing Authored by One and Only Praveen Kumar - in PDF
POLICING THE POLICE - Ensemble of 60 Articles On Police and Policing Authored by One and Only Praveen Kumar - in PDF
POLICE
PRAVEEN KUMAR
Policing the Police an analytical study of the philosophy and field dynamics of the
policing in practice by Praveen Kumar and published by Smt. Bhanumati S. Shah on
behalf of Sapna Book House, Gandhi Nagar, Bangalore 560 009.
Ph: 2266088 / 2269448
Author
Cover design:
Chandranath Achar
Typeset at
Icon Designers, Bangalore
Printed at
Printek Printers, Bangalore
Lovingly
Dedicated To
SHOBHA
FOREWORD
Police police the people. Who police the police? How? The answer lies
in 'Policing the Police'. As the author says in an article in thi work,
"Policing the police involves self-policing".This work delves deeply on
this core aspect of policing and lays bare the extant Indian Police setup,
sheath by sheath, with the precision of a master surgeon, only to rebuild
it from the scratches with the right essence of professionalism,
commitment and zeal. It is an abundantly readable magnum opus of the
author and a valuable reference for understanding the pathology and the
epinosic dynamics with which the present Indian Police suffer and
identifies likely solutions for its redemption. I am sure that this scholarly
work serves as a ready-reckoner for both police professionals and
common readers.
This book stands out for the highest regard it holds for policing as a
profession and the paracute critique it makes of its practices in India.
The UPSC also comes under its critical gaze for its dull witted
performance.
This book has another dimension. It, in certain aspects, interprets police
and policing through the prism of a poet's sensibilities with idealistic
interpretations.The author's close association with events in police and
his close observations in the police world for nearly a quarter of a
century brings authenticity to whatever he says or analyses. The
sensibilities of the author as a poet with nearly half a dozen books of
poems from him in Kannada and English render his observations and
analyses of police and policing highly refreshing and interesting.
Bangalore,
September 18, 1999
ACKNOWLEDGEMENTS
"Policing the Police" is a sequel to my earlier book/Policing for the new
age'. Most of the articles of the present book were already published in
various newspapers including The Hindu, The Indian Express, TheTimes
of India and Deccan Herald and various periodicals and journals like Alive
and The Indian Journal of Criminology and Criminalistics. All those articles
are reproduced in this book as in the original publications with the names
of the respective newspapers, periodicals and journals indicated. Some of
the responses from the readers to the original publications are also
reproduced at the end of the respective articles. I gratefully acknowledge
the contribution of the editors of each of these newspapers, periodicals and
journals, especially The Hindu, The Indian Express and Alive, in producing
this work. And also those readers who responded to the articles through
the columns of the newspapers and periodicals.
Care is taken to emphasise certain core aspects of the discussion and
analyses, by figuring them in more than one article, depending on the
importance, to convey across ideas with right emphasis. It is hoped that
this exercise adds to the value and usefulness of the book. I would be
failing in my duty if I fail to express my gratitude to Shree A.R.Sridharan,
IPS (rtd.), former Director General of Police and former Hon'ble member
of the Karnataka Administrative Tribunal for his unstinted support and
encouragement to my intellectual exercises. He is a rare oasis of pristine
values and dignified restraint in the desert of police and bureaucracy,
inhabited by immoral hawks.
I acknowledge with deep humility, the contribution of my father, Shree
R.D.Suvarna in instilling in me the value and sense of delving deep into and
doing my best with total commitment, whatever I take up in my life.
Without that value and commitment to achieve higher in face of all odds, I
would have been nowhere and certainly nowhere this work.
October 29, 1999
- PK
The author's close association with events in police and his close
observations in the police world for nearly a quarter of a century bring
authenticity to whatever he says or analyses.
CONTENTS
Introduction,
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
I I.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
118
18
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
47.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
218
202
PRAVEEN KUMAR
INTRODUCTION
The Hong Kong-based Political & Economic Risk Consultancy (PERC) in a 12-page report
on a business survey of 12 economies of Asia released on June 3, 2009 where 1,274
expatriates working in these countries were interviewed showed Indian bureaucracy at the
bottom at the 12 position as the least efficient bureaucracy after Philippines and Indonesia in
10 and 11 positions respectively. The report says that working with the countrys civil
servants in India is a slow and painful process and it continues to report that They are a
power centre in their own right at both the national and state levels, and are extremely
resistant to reform that affects them or the way they go about their duties.
The cause of the malady in reference to Indian Police is analyzed and remedies are
recommended in the article, The Crumbling Steel Frame of India of this volume. The
deterioration is a post-independence phenomenon. The once steel frame of Indian
bureaucracy of the British vintage gradually crumbled to its extant putridity under the sad
auspice of its corrupt and incompetent UPSC (Union Public Service Commission) and the
deterioration trickled fast downwards in the last six decades to bring India to this sad state of
affairs.
This volume is a first hand account of the observations, impressions and experiences of
the author as an insider. Naturally, most illustrations in this volume are from Karnataka police
where the author served at senior levels for nearly three decades. However, this makes no
difference to the over all picture of India as situation is not much different elsewhere.
As far as Karnataka police is concerned, in spite of misdeeds of notorious scoundrels like
R.S.Chopra, A.R.Nizamuddin and degenerates of the similar ilk, situation is better there than
some of the more notorious state police organizations of India. The core weakness in
Karnataka police lies in sweepingly conforming to the putrid system and bad culture against
conscience to cover own tracks. It is mere cowardice of mediocrity and gross selfish interests
of ignobility and nothing more. Yet, no way can Karnataka police be called as an efficient,
healthy and responsible bureaucratic setup yet.
Faithful assessment must precede reconstruction. This volume is an effort in this
direction. Complacency leads to stagnation and is a dangerous indulgence in a rotten situation
like Indias. This volume is intended to breach the vicious indulgence involved and inspire
India to its rich potentialities on the way to much dreamed of world leadership.
India is a civilization of diversities and a culture of contradictions. Indias is an inclusive
way of life. Along its long history, it saw umpteen falls and rises without losing its innate
vitality and always rose from worst quagmires unscathed. This resilience of India underscores
its unique heritage spawned by its thoughts and philosophies that perhaps are nearest to the
true nature of the universe that the scientific world of today is engaged in to probe, discover
and formulate as the Grand Unification Theory (GUT). This is the secret of the eternal
strength of India.
.1
PRAVEEN KUMAR
This resilience of India gives hope. The present fall is not forever. Time of revival shall
come. India shall see a better system replace the present corrupt and incompetent UPSC and a
healthy administrative system replace the extant inefficient and rogue bureaucracy.
The nature of the police accurately reflects the quality of democracy entertained by a
country. This is true of India and Indian police also. Further, the menace of the current world
namely terrorism is increasingly moving the police centre-stage in governance as the sine qua
non mechanism for founding peace and safety of the citizens. These factors together render
the police and policing the deciding parameter in determining the character of a national life.
That is why India must act to bring its police and bureaucracy on right track to fulfill its
dream of a regional power and act pronto.
.2
PRAVEEN KUMAR
.3
PRAVEEN KUMAR
.4
PRAVEEN KUMAR
relations created in the minds of the people. Good relations strengthen the hierarchical order
by making the order willingly acceptable to all and thus facilitating its working. A subtle
mental bond that links all men in an organisation is its greatest asset. A sense of recognition
from others coupled with the pride of belonging creates a happy atmosphere in the
organisation and improves efficiency and output.
Sadly this is just the reverse in the Indian police. Here, human relations are vitiated.
Mutual suspicion and antagonism are the rule. Men in higher ranks revel in hurting the pride
of the subordinates while the latter wait for the right time to settle scores. In this atmosphere
of hostility and under-cuttings, the organisation and its objects suffer, all its people suffer
and the country suffers. This is where India stands at present.
The success of a police organisation depends on its ability to create a sense of pride and
dignity in its members including the constabulary, so that they consider themselves as useful
and responsible members of the police outfit and endeavour to live up to the image. The goal
can be achieved by proper modulation of perks, rewards, praise, good treatment, respect,
censure or punishment has been earned by him. This is a far cry from what is actually
happening in India. Good work is seldom recognised. Every job is done as a personal favour.
Medals and citations are divested of their distinction by being linked to seniority and not
merit That is why medals carry no meaning within the organisation.
What the Indian police inspires in the public is fear and hatred, not trust, respect and love.
This is the greatest single failing of the Indian police. A police force feared and hated is
irrelevant in a democracy. The argument that fear is a necessary constituent in policing is
not based on the right understanding of human psychology. The police does stand on a
different footing from the general public but that status is based on trust, respect, love and a
healthy awe, not, fear and hatred. It is healthy awe that inspires in citizens genuine
cooperation and willing subjection to police authority.
Police is not synonymous with fear. A smiling and helpful police force is a salient feature
of democracy. The police is not the enemy of the people, especially in democracy. Policing
involves enforcement of order for the good of many which may sometimes mean
inconvenience to a few. The job, if performed right, must win the trust, love and respect of
the masses. The misuse of power and a supercilious approach will alienate the common man
and earn his hatred. The exercise of police powers with absolute humility is quite possible.
An approach of service to the general public renders the exercise a sensible and delicate task
and avoids harshness. It is up to the police to show its good intentions and convince the
public about its trustworthiness. Nothing the Indian police does now will help to create
this image. It is time serious efforts were made in this direction.
The situation can be salvaged by clearing the cobwebs. There is a bunch of selfmotivated officers in key positions in the police who have contributed to the downslide of the
Indian police in the post-democratic era. They have corrupted the police atmosphere, set
wrong precedents, encouraged self-indulgence eroded its tough image and reduced it to its
present cadaverous existence. These elements should be sidelined to make way for men of
probity to refurbish and rebuild the setup.
The future of India depends upon the strengths and weaknesses of its police. Defence
forces are relevant to the existence of India in so much as defending its borders and protecting
its system of government. But the relevance of the police is more meaningful, for, here, the
very existence of India as a nation is at stake. The significance of the police is often forgotten
somewhere between the width of civil administration and the depth of the defence forces.
.5
PRAVEEN KUMAR
The police must be powerful. It must be a disciplined and committed force. It saves the
country from all disasters; it supports the administration in civil rule and works as its watch
dog. It works as a subsidiary force in support of the military during war. If need be, it can
run the administration when civil rule breaks down and can function as an armed force if the
military fails. The importance of this great tool of governance is yet to be recognised. It is
time Indian police is given a fresh lease of life of vitality and strength. Yes, something
should be done to save the police. The question is, who should begin the process, and where,
when and how? Who will bell the cat to bring it to its senses?
.6
PRAVEEN KUMAR
In an age of sabotage and terrorism, no man, no place and no structure is really safe; no
time of the day or night can be construed as safe. With the increasing complexity of human
society with increasing claims on the limited resources of the world, the kettle of human life
Is spilling over with organised hatred and violence. Terrorism has become an international
phenomenon. Accrescent unemployment makes terrorism popular by giving the unemployed
youth a raison detre for life and an ideology to pursue. The lopsided material growth of 20th
century life at the cost of contentment and inner peace have endeared to man the thrills and
adventures of the life that fills up his inner void. New scientific inventions give man such
sophisticated mechanisms and machinery that he can do anything he wants without being
personally present at a place. Each man has potentially become a power-centre and he can
build or destroy the world he lives in. The rise in hatred and violence, compounded with
mans dangerous power to wreak vengeance, has made internal security an unsure field. It
has become the primary challenge for the police force, replacing its hitherto main functions
of crime control and maintenance of law and order.
The threat to internal security is posed by highly trained and motivated volunteers
belonging to highly organised and resourceful terrorist outfits. The unenviable task of
providing protection to men, places and structures from these committed zealots with the
choice of time, place and target in their favour and any number of sophisticated methods and
techniques of strike to choose from, continually sap the manpower, machinery and other
resources of the police. Even in the advanced countries the police find it difficult to cope
with the problem. The police should have led in modernisation techniques with the antipode
marching to keep pace. Unfortunately, it is not so in the Indian situation.
The reaction of the police to terrorist threats is desperate mobbing and covering the target
at best and diffident immobilisation at the worst. Their inability to penetrate terrorist
organisations has put it at a costly disadvantage. Their failure to draw up detailed long-term
plans to meet terrorist challenges handicaps them in their operations. Internal security cannot
be guaranteed sans a sound knowledge of the terrorists way of functioning.
SPASMODIC APPROACH
An internal security machinery working in a void often gives rise to ludicrous security
reactions. Anonymous calls or letters in most unlikely situations are attended to with a
desperate mobilisation of men and machinery without scrutinising the call or the letter, and
everything ends up as a hoax. An anonymous Kannada letter claimed to have been written
by the LTTE was received in Mysore with the threat of blowing up the KRS dam on the
intervening right of August 14 and 15, in 1991 and was later followed with similar threats of
blowing up the Vidhana Soudha on the same night. Somebody well versed with the LTTE
objectives, expertise and method of operation would have dismissed the calls and the letters
as a non-event. But the Karnataka police had to be prepared for an emergency because it
was not equipped to handle internal security problems with courage and confidence. It is not
wrong to be ready to meet threats but, the action should be subtle without fanfare and
unnecessary show of strength. Desperate reaction may prompt mischievous elements to shoot
.7
PRAVEEN KUMAR
similar missives almost daily. Can the police react to all those letters similarly? It is subtle
planning and low-key operation that make security possible. All
security arrangements
must be preceded by through research and detailed plans. This is completely forgotten in the
Indian situation.
Not many are involved in an expertly drawn-up operational plan of sabotage. It is quality
that counts and not quantity in both sabotage and security operations. Those who really
execute the sabotage are highly motivated trained and competent individuals. The larger the
number, the smaller the chances of success because of human nature, coordination problems
and higher chances of leakage. Also it involves the problem of providing security and escape
routes for more men in the post-operational period. No number of policemen can stop a
highly motivated and trained man from sneaking up to his target and destroying it. What is
required is not companies of policemen, but a handful of highly qualified and motivated men
of experience with an intelligent, thoroughly drawn up security plan, based on reliable
intelligence inputs about the objects and operational plans of the adversary. Everything
except these salient features is present in the responses of the Indian police to security
challenges.
Indian security plans ignore the cardinal principle of a good reticulation, namely
providing security without coming in the way of the normal life of the target except where
unavoidable. The essence of security buildup is protection with minimum inconvenience to
the concerned. But Indian security sleuths feel otherwise. They believe in taking charge of
the target, be it a place, an installation, or a person and dictating terms as though the security
is given in exchange for freedom of movement and action. And all this for inadequate
security. But even national leaders have traded their image and popularity for this supposed
safety.
It is argued that the Indian security system is effective in discouraging the less resourceful
terrorist outfits from attempting strikes and preventing half-hearted attacks. The argument is
not convincing for the simple reason all terrorist outfits worth the name are extremely
resourceful with objectives, plans and strategies and a complete commitment to carry out
their operational plans. No target is out of their reach. If a target is not struck for a long time,
the reasons can be only three, a) the outfit has not really intended to strike, b) the outfit is yet
to equip itself c) that security sleuths could be exclusively covering the target making a strike
impossible.
India should reach a stage where the third reason which is an exception now becomes the
rule. The failure to capture Sivarasan and Subha, suspects in the Rajiv Gandhi assassination
case, is a recent event. The chance intelligence, as early as in August, 1991, that both
extremists were holed up with others in a ramshackle house at Konanakunte in Karnataka
did not enable the Indian security forces to catch them alive with all the time, resources and
the element of surprise at their disposal.
This reflects on the serious loopholes in the field of security planning in India. Instead of
inventing an undercover strategy to draw the extremists out or entering their den as friends
with the help of undercover agents, the police failed to surprise the suspects and surrounded
them. What happened was not only the suicide of the extremists which was expected but the
operation to nab the culprits virtually ended there.
.8
PRAVEEN KUMAR
The reason for such bungling is that Indian security operation does not go much beyond
the multiple crack forces-Black Cats, National Security Guards, Special Protection Group
and so on. Indeed, these crack forces are important but they are only the ammunition and not
the weapon. An exhaustive internal security plan on which all security strategies and
operations are based must be the gospel of the internal security religion. Sadly, India is yet to
have such a macro-plan to guide its security sleuths.
PROBLEMS
The problems of security are manifold. First is intelligence collection. Often, true and
false information are so much entwined that it is impossible to distinguish one from the other.
Even if a piece of information is identified as true, it loses its value standing in the midst of
useless material. That isolated piece of information is removed from the adversarys action
plan and when pursued leads to wrong conclusions and dangerous situations. Continued
research is a must to utilise the information in action . This again depends upon the skill and
experience of the individual or group of individuals who handle the job. Often, both the
research and analysis are carried out under the pressure of time because of the proximity of
the threat. Both intelligence and its source must be kept a closely guarded secret. Any leak
may prompt an adversary to modify his plan which will annul the security operation. This
creates problems of mobilisation and deployment without rousing suspicion. The men to
handle the security operation should be handpicked for competence and probity. Their
antecedents and recent activities must be closely examined before they are cleared. It is the
failure of security agencies to effectively carry out such preparations that cost Indian Indira
Gandhi.
The briefing of security operations about their job itself poses a problem. The time of
briefing must be carefully chosen so that while the gap between the impending operation and
the briefing gives sufficient time to the operators for preparation, it must not be too long.
The timing of briefing and development must be decided at high levels to ensure perfect
secrecy. And, how much can be told? Security operation basically involves the creative
initiative of the operator. His success depends upon the ability to assess the situation and
pursue a better course of action without loss of time. Success also depends on how much
briefing must be made to operators at various ranks and levels and how much information
and background knowledge can be fed to them. Here again, liberal outlets for vital
information create security risks. The primary requirement of any security operation is a
thorough study and analysis of intelligence and other inputs, a comprehensive plan of
operation with flexibility to meet contingencies.
Timing is an essential ingredient of security planning and decides the success or failure
of an operation. It lends the element of surprise.
Not that everything traditional is irrelevant today. For instance, the strategy of quadruple
deployment-static guards, armed pickets, mobile patrols and striking forces for a static target.
Standing guards, personal security officer, inner cordon, outer cordon and striking force are
deployed for a human target while for a mobile target a security officer, escort, piloting and
striking force will form the skeleton of the system. However, it should be borne in mind that
this strategy in no way replaces specific security strategies; it only complements them.
Security, its challenges and counter strategies are ever-growing phenomena. An effective
strategy must foresee challenges and arm itself in advance. The country faces challenges
.9
PRAVEEN KUMAR
from the Kashmiri separatist movement in the North, the Akali separatist movement in the
West, the ULFA in the East, the LTTE in the South and the naxalites in the Centre. The
number of new security outfits coming up is an indication of Indias concern but then the
accent is misplaced on quantity in the form of a new security outfit every time a serious
security breach shakes the country, rather than on improving the quality. Until the country
learns the basic lessons of modern security, tragic deaths and destruction are bound to
continue.
.10
PRAVEEN KUMAR
INDIAN POLICE :
TIME TO TAKE TOUGH DECISIONS
It is Indias good fortune that its fabric of law and order has withstood the effects of
growing complexity of the Indian society for so fragile is its policing. The fact that the
police systems in a few neighbouring countries of Asia and Africa are worse cannot be a
solace as the political, social and economical structures of those countries have different
backgrounds and value systems from ours. India is a crucible wherein the dynamics and
relevance of democracy in the third world are being experimented with. The Indian police
system must necessarily meet the aspirations of democracy in fulfilling its objective of
maintaining internal order and security. This dimension has added to the problems of
policing in India. The Indian polity confronts its police with ever greater challenges while
giving it an increasingly limited wherewithal to face them.
A minor shift in the style of policing in the country can make a life-and-death difference
to myriad people. A wrong turn and the police could inadvertently tear the fabric of the
national life to shreds and ruin the country. A right step and an era of perfect security, order
and peace may be created. Only an objective analysis of the needs of the time and
assessment of the situation would give the insight necessary to make the right choice for
police about the course to be pursued. Such an analysis must be carried out by highly
competent persons at the highest level who can see things dispassionately and take decisions.
They must be people who have an overall view of things and are capable of seeing them
against the wider background of national interest. It is a responsible job, requiring through
knowledge of the nuances of police and policing. The people who do it must be capable of
taking hard decisions which may often go against their own interests and may have farreaching consequences. The Indian police must give serious thought to what it wants to be in
the future and may have to take some tough decisions.
There is an impression that the Indian police is not what it was before Independence.
The pride, toughness and commitment to duty are no more visible. On the contrary, the
Indian police has become soft humble and easy going. Pressure from all directions has
deprived it of its vitality. The police has become a widely abused organisation by the virtue
of its submission on the wishes of its masters under false notions of discipline. It is the
popular scapegoat for anything and everything that goes wrong in the public life. In the
circumstances, a sense of insecurity has developed among the police men.
A natural outcome of this development is taking things easy, with the eyes and ears shut,
unless career interests warrant otherwise Commitment to policing is sacrificed in the process.
These developments have reduced the police to the level of a toy that moves only when the
spring inside unwinds. New entrants who begin eagerly soon after the training period, begin
to realise the realities.
A serious malady affecting the tough and nonsense image of the police is the interference
of people of some standing in society at all levels. An organisation, looking for a serious
image, cannot afford this intrusion. Policing must be insulated from public pressures except
at the top to which all policing affairs must be accountable. People handling policing should
.11
PRAVEEN KUMAR
be responsible only to law and their superiors in the department and to none else. The
regulation of policies in all details must be controlled and guided by the top. On the other
hand, the line authority of the organisation must be all powerful to guide and regulate
policing and police administration.
A police organisation, open to public pressures can do no policing worth the name. The
very idea of being receptive to pressures and interference indicates a lack of will for
objectivity and justice. It is criminal elements which cultivate sources that have put the
policing on the wrong rails. Pressure often forces of the police to commit crimes under the
veil of authority, either by protecting criminals or more dangerously, by replacing them with
innocent people as criminals. The possibility of the police being open to the influence of the
rich and powerful, deprives it of its credibility. A police force that works at the behest of the
rich and powerful can guard their interests only. Does democratic India need such a police
force that allows tyranny of the poor and the helpless by the rich and powerful? The country
has tolerated such a police in the last four decades. The people, however, must now act the
demand a police that lives up to the trust placed in it.
The lack of professional objectivity is the bane of the police in independent India. The
problem was simple in British India where the ruler and the ruled were distinctly identified
and the loyalty of the police was defined. Now, the police should do their duty by the
public and law. Misplaced loyalty with an individual, a family, a party or an ideology
amounts to violation of professional ethics. The police, in a democracy is the guardian of
public interests and public safety unlike in the raj where the police protected the interests of
the raj. This distinction is forgotten in independent India where mental fetters are yet to be
broken and legacies of the British rule continue inveterated.
How can a police that stays loyal to personal, familial or party interests ever discharge its
functions objectively to law and general public? What can its locus standi be when a different
person or party comes to power? A pliable police force is an asset to any individual or party
and no sensible individual or party distances it in the name of professional ethics. It is the
duty of the police not to breach the edifice of the organisation and its spirit.
A byproduct of this degenerate trend is the rise of opportunists and sycophants to key
posts and the fall of honest persons of great calibre. The trend creates a catena of reactions
that slowly eats up the vitality of the police organisation and reduces it to a foul bunch of
bloodhounds of the rich and powerful few. The shoddy creatures sitting court above men of
probity is a dangerous situations. This reverse order of merit is sure to bring frustration and
the collapse of the organisation someday.
The British were the forefathers of the unified Indian Police. It was a force that met the
needs of the time. In an age of rapid changes, the opening up of new vistas and dimensions to
life through inventions and discoveries in science and technology, nothing remains constant.
The scope, design and objects of the Indian police underwent a metamorphosis with the
transfer of government to native hands. The process spawned a phenomenon in which
undemanding aspects of both the worlds survived to create a new police culture. The
distinguishing traits of the Indian police of the British period such as objectivity, apoliticism,
commitment, discipline, quality and high standards were discarded. Traditional Indian values
such as a simplicity, charity, wisdom, mutual, respect, and human qualities were given up too.
The convenient factors of the old and new worlds were chosen to create a new police culture
while demands on policing were at the crucial stage in the recent years of independence.
The Indian police officers overnight rose to high positions made vacant by the
resignations of their senior British officers. The need for creating a new work relationship
.12
PRAVEEN KUMAR
with native political leaders was an opportunity to usher in a new police culture in free India.
Soon the police became a tool in the hands of the power-brokers of free India. How can the
police be objective, honest, apolitical, committed and disciplined in such circumstances and
how can it uphold the rule of law and justice in line with its professional ethics in such a
situation?
A job culture involves basic beliefs and principles of the organisation, professional ethics
and degree of commitment to the aspirations of the organisation. To what extent precedence
and practice mould the job culture decides the success or otherwise of the organisation. It is
important that only the right people reach the top. A headless organisation is better than one
headed by a degenerate weakling. This is why the policy of selection and promotion at high
levels plays a vital role in the growth of the organisation. In a democratic age of self-seeking
short-term political leadership, where sycophancy is the sole criterion for ascending the
career ladder, the policy of recruitment and promotion is far from direct. All those
committed to the cause of police and effective policing must break the trend and endeavour to
provide a fresh lease of life for effective policing.
A serious subculture of the Indian police in Indian hands is committing crimes to prevent
and detect crimes and breaking laws to catch law-breakers indeed in the name of showing
results. The misplaced stress on results without a concern for organisational and national
goals of law and justice only reflects a shallow intellectual commitment to duty on the part
of the top brass and the lack of desire to probe the root of the problem.
Now, on to third-degree methods in crime detection. Even senior officers tacitly
supporting the third-degree methods applied on suspects who may turn out to be innocent at
the end, is not uncommon.
Crimes are crimes whether they are committed by the police or by the public. What right
has the police to inflict suffering on others, merely on suspicion? After all, it is not the agency
to pass judgement on crimes. None placed the police beyond the scope of the Indian Penal
code. What justification can the police have to commit crimes to collect evidences of other
crimes? The sadistic and criminal tendencies of the police are not more justifiable than those
of the general public.
Discipline is inseparable from police. It governs all parameters of the foce and makes its
hierarchical order meaningful and purposeful, the command-obedience relationship, sharpedged and functional conduct, meticulous. But these days, it is used as a cover by the people
in higher ranks to indulge in wrongdoing and to silence the conscientious few in the lower
ranks. It is also a cover to promote the interests of juniors who support their evil deeds by
sycophancy and personal loyalty; and to suppress those juniors who are strong, proud,
independent and ask questions.
A subtle hatred for superior qualities of the subordinates in inherent in the Indian police
force of today. Another act carried out behind the faade of discipline is an officer forcing a
subordinate to achieve personal ends. Here, the police ranks display exceptional unity in
helping a colleague to suppress the subordinate who shows the tendency to go against his
seniors orders. Youngsters in the organisation who drop out weaken the organisation.
There are any number of examples of fearless officers who have acted upon their conscience
at the cost of promotions and elevations.
The Indian police finds itself in a blind-spot today, at a crossroads from where it should
build bridges to the future. It must shed its mental fetters, rise to its feet and learn to be
natural. A slip at this stage would be a tragedy while a right move would be a major turning
point.
.13
PRAVEEN KUMAR
.14
PRAVEEN KUMAR
Discipline, in the case of the police force, is both an advantage and a disadvantage. It is
an advantage because, if discreetly employed, it can prevent undue interaction of the police
with unwanted elements. It is a disadvantage because the police, with its trained response,
may find it difficult to isolate itself from the behests of its political masters.
The first and foremost job in this background is to free the police from the unhealthy
influence of politicians of all hues by making it accountable to an independent authority with
absolute power to take decisions. The authority should be a professional body with men of
proven calibre and quality who have reached a stage where they need not sacrifice their
convictions to appease those in power. It shall be directly responsible to the legislature and
function as an independent authority like the judiciary, the Comptroller and Auditor General
or the Election Commission.
The recruitment procedure should be overhauled to ensure that really the best from the
job-seekers are roped in. Any interference in matters of recruitment should be promptly and
decisively resisted. Only highly qualified officers of proven probity should be entrusted
with the task, the ugly head of bribery ruthlessly crushed and the unhealthy trend of making
recruitment a business checked. The infusion of good blood even at this late hour is certain
to repair the damage.
The jobs should be made attractive with good salaries and satisfactory working conditions
that will give the resolve to resist the bait thrown by the criminals. Social scientists say that
bribery is inversely proportional to the financial strength of a social group. Therefore, better
salaries and congenial working conditions will definitely make the police less sensitive to
these lures. It has to be ensured that the right man comes to the right job and that honesty is
rewarded. An unbiased assessment of the work and character of the personnel will take the
organisation in the right direction.
Those who are empowered to assess subordinates and their work must be made
answerable to prevent misuse of this responsibility. The creation of a high-power core
group of people adept at assessing men and character may help to create a feeling of
confidence and security and inspire the police personnel to discharge their duties fearlessly.
This group should be made ultimately responsible for all career decisions, for the
development of the police, work assessment, job analysis, recruitment and management of
human resources.
It is unfortunate that there is no relation between an officers efficiency and performance
and his standing in the organisation. The officers are so indifferent to the performance of
their subordinates that they are absolutely in the dark about the standard of work turned out
under their supervision. Another reason for this sad affair may be that they are not qualified
to assess. This situation leads to random assessment and, in the process, talents wither and
opportunities overtake high-calibre workers on the hierarchical ladder. This can be rectified
by arranging motivation courses for police officers who must be taught about the work they
are required to perform, its importance and how to discharge their duties. Policemen
.15
PRAVEEN KUMAR
generally distance themselves from all mental activities. Training must endeavour to break
this trait and coax candidates to open up their minds and reflect on all matters before making
decisions. In this context, it must be mentioned that often the habit of reading becomes a
casualty once a person enters the service.
This negative approach to reading and thinking has resulted in poor professional
knowledge, particularly at the higher ranks. Work knowledge is generally limited to what is
remembered from experience and bits of what has been learnt from books during training
decades earlier. The style of supervision in the police should be seen to be believed. All
order to subordinates emanate from a perfect void. The best that is done is to hold a meeting
of subordinates wherein the latter are allowed to arrive at a course of action to meet a
situation and the decision is returned to them as an order to perform. The style of ineffective
supervision must stop if the aim is to achieve quality. The system of overlapping supervision
because of multiple ranks, where none really discharges his role must be scrapped. A
thorough overhauling of training and the application of modern techniques would go a long
way in mending the situation.
The organisation has become top-heavy. In States where there were only two officers
of the rank of Inspector General for say 40,000 men and officers about ten years ago, there
are now nearly 20 officers of and above that rank for say, a force of 50,000. What are these
people at the top policing apart from being a drain on the state revenue and a nuisance to
officers down the ladder by issuing conflicting instructions?
Promotion to a higher rank serves no purpose unless it means a more challenging job and
a suitable man is, therefore, selected to meet the challenges. But this is not the case. Posts
are created to satisfy vested interests. Most of these jobs often serve as places to forget the
pressures of family life. However, the same luxury does not extend to the more unfortunate
ranks at the lower levels, including the constabulary. While vacancies at the topmost level
are filled up by promotions effected overnight, promotions at the intermediary levels take
weeks and even months, depending on the rank. It is years in the case of the constabulary.
There are cases where vacancies of head constables and assistant sub-inspectors or subinspectors are not filled up for several years. Many have retired without a promotion.
Policing is a job performed mostly at the lower levels with involvement stopping at the level
of the Superintendent. Beyond that, it is a supervisory task and in a police force with no
supervision to speak of, higher ranks are simply redundant. Any move to expand these ranks
cannot be called an honest effort to serve the public. But that is what is happening.
The process of recruitment is even worse. Selection has become a misnomer. It is
random at best and high business at its worst. This approach may leave governance and
public life in jeopardy. Policing is a highly sensitive profession and requires only specially
equipped people to handle it. It demands certain specific traits in officers which cannot be
learnt by any amount of training. The most evident symbol of authority and power people
trust is the policemen. In the circumstances, the wrong selection can be fatal for the nation.
India is deeply caught in a mire. There is a price fixed for each rank of the police. How can a
recruit who enters service by paying a bribe be expected not to reap returns? What can be his
picture of the service that the enters? It is absurd to expect professional policing from such a
recruit.
The common aim in recruitment now is to complete the job without inviting legal
hurdles. Sometimes even rules are overstepped to cut short procedures and do away with
.16
PRAVEEN KUMAR
cumbersome work. Posts at the lowest level but nevertheless sensitive, like drivers, are filled
up arbitrarily. Quality suffers as a result. This is equally so in transfers.
Honesty, integrity and hard work have yielded place to personal loyalty and usefulness
for personal work. Those who do not come up to the expectations of personal loyalty fall out
of favour and are eliminated from the line of command. This is one of the main factors for
the slow degeneration of the police.
The police is a sacred confluence of those who choose policing as their profession and
work together transcending their caste, creed, social standing and rank in order to control
crime and maintain law and order. But this objective cannot be achieved when there is no
common cause and everybody works for personal progress.
The general reluctance of the Indian police force to adopt new ideas and the ungainly
handling of modernisation projects have resulted in its losing the race with organised crime
and syndicates. Modern equipment are bought, but the personnel are not trained to use them.
Thus the gadgets gather dust and break down.
No government with weak police system can survive, whatever its other assets. The
police should be extricated from the clutches of criminals and politicians to make it a
professional outfit with objectivity and commitment to its task. There is no point in
beginning the cleansing operation from the side of the criminals or politicians. It has to
begin from the side of the police by insulating it from the vile influences of criminal wealth
and political power. Once this is done everything else will fall into place.
.17
PRAVEEN KUMAR
.18
PRAVEEN KUMAR
The wife of the goldsmith filed a complaint before the local court. The District
Superintendent of Police and the Range Deputy Inspector General of Police, who had
benefited from the flexible ways of the official when he was the Circle Inspector, rose to the
occasion to save their protg. They visited the town and entrusted the investigation to a
Deputy Superintendent of Police of neighbouring subdivision with oral orders to certify the
case as not proved. The Deputy Superintendent complied and sent his repot to the court and
that was the end of the case. A police official who with the support of his community, got
posted as the police chief of a State in 1986, wanted to favour a fingerprint sub-Inspector,
who has been under suspension for long after being arrested in a criminal case of
community interests. He summoned the Superintendent of Police in charge of the case and
examined the file about the suspension. The Superintendent of Police failed to understand
that the action was an indication that he was to end the Sub-Inspectors punishment. Even
of he had understood, he could not have acted for, the Sub-Inspector had been suspended by
an officer of the rank of the Deputy Inspector General of Police, Moreover the case was
pending trial in a court. After a fortnight, the police chief secured the Sub-Inspectors release,
but nurtured a grudge against the young Superintendent. He manipulated the records and
made sure that the latter was not selected for the Indian Police Service. The career of a bright
officer suffered a severe setback. Such cases of avenging non-cooperation are common these
days. The trend is adversely affecting the organisation by weakening its cause for fairness,
law and justice.
How subordinates are brought around is another story. A young sub divisional police
officer in a small town known for its speculative business activities conducted a raid on a
library, run by a powerful local community. It was actually a gambling house patronised by
prominent people of the town. The officer rounded up more than 50 prominent people
including rich businessmen, senior government officials and local politicians, with huge
stake monies. Though the library had been a gambling den for years, none had dared to raid
it in spite of repeated public petitions.
As the law requires that the place must first be proved to be a common gambling house,
the officer recorded in the station house diary the names of all those who were gambling at
the place and let them of with a written warning that cases would be booked if they continued
to gamble there. The officer learnt too late that the gambling den was patronised by the
Superintendent of Police of the district and the Deputy Inspector General of the range and the
men were their friends. He was transferred to a remote place, with the annual confidential
report stating that the public might revolt against the officer if he continued . The library
continues to be a gambling den. The DIG at the place of the new posting of the officer wanted
him to marry a girl from his circle. His parents however, got him married to a girl of their
choice. This antagonised the DIG who, in his next annual confidential report, showed his
junior as a liability to the police department. Also he prevailed upon other officers who
wrote confidential reports to give adverse remarks. Most of them obliged and the appeals of
the junior officer were never allowed to reach the government.
It is to his credit that the officer did not break down and continues in service while his far
less competent colleagues have overtaken him on the career ladder. Denied selection to the
all-India service, he later appealed to the Chief Secretary not to consider him any more for the
service. He took this drastic step in utter contempt for the corrupt department heads who sat
above him and decided his career advances.
.19
PRAVEEN KUMAR
Is it by design or accident that independent India has raised a criminal outfit to catch
criminals? It is in the interest of the police to accept the reality so that remedy could be
thought of.
Unhealthy practices of myriad variety are found at the highest levels. A recent instance is
that of a police chief who, along with his wife, was taken to court on the eve of his retirement
to face trial for defrauding the public and a spastic society in whose name he sold(charity)
entertainment tickets. It is a different story that the officer managed to silence the social
worker who brought up the charges and made sure the case fell through for lack of evidence.
To what sad levels could men in high ranks stoop to make a few dirty bucks!
The Indian Police Service continues to be an intellectually poor unattractive realm with
only the mediocre opting for it. The constabulary which forms the bulk of the service is
largely constituted by people from the lower strata of society who are diffident and hence do
not exercise their powers against the more enlightened people. The tendency to foul-up
superior intellect and excellence is another factor that has adversely affected the police setup.
The general reluctance to adopt modern techniques of policing and management, the
dogmatic approach to man-to-man and public relations and the lack of understanding of
human nature are other factors responsible for the unfortunate state of affairs. These
problems can be overcome only by efficient police leadership at all levels and only if a
semblance of objectivity reasonableness and good judgement touches the core of the police
administration.
At present, growth is not much more than a spasmodic reaction to stimuli and lacks the
benefit of an integrated approach. A permanent cell of organisation experts under the direct
control of the police chief to redefine the police organisation is required to make it more
meaningful and need-based. This could help in streamlining the hierarchy by eliminating
redundant posts, rationalising workloads, preventing duplication and redefining duties and
procedures and thus the rights and responsibilities at each level. Result: police functioning
would be made more cost-effective and efficient.
The annual assessment of men and officers in the police has become a travesty of what it
used to be or meant to be. In no way, under the present circumstances, does an ACR reflect
an officers qualities or capabilities. It is believed that the department would be far better off
without this pernicious evaluation process that breeds corruption and bias. What characterises
the ACR today is a distinct lack of objectivity; it has become a means to personal ends, a
medium for the advancement of individual interests and even settlement of personal scores.
Servility is its inevitable consequence and it would not be immoderate to say that eliminating
the ACR altogether would be certainly a step forward. If policing is to be effective in the
years ahead, specialisation is crucial. I suggest three distinct police services with separate
recruitment and training: (1) Regulatory police or uniformed police in charge of law and order
and other regulatory duties; (2) Mainstay police in charge of crime investigation and
prevention and security and intelligence operation; (3) Social police in charge of prevention
and investigation of all social offences and implementation of social legislation. All three
wings should have their own individual organisations up to the district level with
independent Superintendents and staff as required, functioning in tandem in much the same
way as the Army, Navy and Air Force. At the apex could be a specially constituted body
called the State Police Authority with the chiefs of all three wings as members and the Chief
Secretary as chairman.
.20
PRAVEEN KUMAR
All the present maladies emanate from the politicians who are only concerned with
winning the next elections. Until the organisation is extricated from the grip of politicians, it
cannot hope to rise above the mediocre level, either in proficiency or in character. Such
mediocrity is wont to percolate downwards in a democratic setup.
An All India Police Authority accountable only to th President of India at the national
level with the regional Police Boards in States as independent bodies should be created. The
Authority must be headed by a Supreme Court judge with the Union Home Secretary and the
Cabinet Secretary as members and the senior most police officer of the country as the
member-secretary. The regional Police Boards must have a High Court Judge at the helm
with the Home secretary and the Chief Secretary as members and the State Police chief as
member-secretary. The arrangement will bring to an end interference of any kind in police
affairs, thus enabling the personnel to function in an independent atmosphere.
.21
PRAVEEN KUMAR
.22
PRAVEEN KUMAR
The entire force has forgotten that its primary obedience is to the laws of the country and
that the rulers and mere representatives of the laws. The police have forgotten the cardinal
principle that their profession dictates them to do their duty even if it may be against the
rulers if the law finds the latter doing wrong. Serious professional lapses have not only
weakened the Indian police, but damaged the political system, social values and the
credibility of the democratic process. Ignorance and indifference on the part of the public in
general, and the intellectual class in the police system, have ended up with the police
acquiring a free hand to function without restraint and guidance.
The country, indeed has a sturdy police framework in terms of organisational strength and
budgetary provisions. Only, the fabric is in poor shape. That money is liberally made
available to the police indicates political patronage. In other words, the rulers have
recognised the important role played by the police in running the administration. This leads
to a close link between politicians and the police. This is where crime enters the picture. The
link is too deeprooted to be easily severed.
The police have two weak areas- the nonprofessional approach and arbitrary management.
Both are interlined and contribute to each others existence. The nonprofessional approach
has eroded professional commitment and encouraged corruption. Professional pride has been
pushed into oblivion. Personal interests have gained precedence over organisational
interests. The breaches have helped opportunists to intervene and dictate terms to the police.
Matters beyond the realm of the police have gained in importance at the cost of the
organisations credibility.
The system has undergone a lopsided growth with random spurts of control and
workload, unfair selection and recruitment procedures, neglected training, inaccuracies in the
assessment of work and people, irregular promotions and transfers, unplanned modernisation
programmes and funny service rules. Efficient management has been relegated to the
background with the whole set up inclined towards a rigid hierarchical order. This trend has
told upon the professional qualities of the police causing decline in its organisational
efficiency.
BRITISH CHARACTERISTICS
India, on the threshold of independence, saw both the positive and negative sides of the
British administration. Among the positive attributes was the creation of a sound police
system. Other aspects were a sound professional approach, objectivity and toughness in
police work, a feeling of pride among the policemen, a sense of commitment and fair play
in discharging the work in hand, high morale and respect for a healthy value system.
The most glaring among the negative qualities are its disinclination to democratic values,
failure to identify with the Indian ethos and failure to appreciate the common mans
aspirations and predicament. An independent India has added to the negative aspects. One
of them is corruption. Also, the passage of time has set in motion a process of continuous
reconstruction.
The police of the British rule has as its prime objective the interests and upkeep of the
British Raj in India. In democratic India, in the absence of capable leadership, the system has
failed to reset its priorities and formulate its objective. It seems to have failed to
.23
PRAVEEN KUMAR
comprehend where its loyalty should lie. The fall of the British Raj, may be, left a void and
they found refuge in the political leadership. On the one hand, the policemen were unable to
think clearly, and on the other, some officers in higher ranks wanted to be close to and in the
good books of key political figures to promote their interests. As a result, the system
gradually lost touch with its professional objective of being loyal to the Indian Constitution,
an objective of establishing the rule of the law in the country Power went into the hands of
dishonest and criminal elements.
EMERGENCY TREND
The police acted as the handmaid of the political leadership during the Emergency in
1976, save for a few dignified people. Both the Central Bureau of Investigation and the
Intelligence Bureau were extensively used for political ends. Then emerged the custom of
providing protection mostly to political leaders and other well-connected personages as the
expense of the public. The trend of the police being committed to political leadership has
continued.
It is an irony that the political leadership which is supposed to take the lead in the
reconstruction of India is colluding with the police, which is supposed to be the tool of the
reconstruction, and is striking at the foundation of the strength of the country. Every year
sees a new phase and a new trend in this nasty collusion among the important players of
national reconstruction taking the country nearer to the brink of lawlessness
During the bandh in Bangalore (1991) in connection with the Cauvery water dispute, the
police were mute spectators as the agitators indulged in vandalism and violence. In some
places, the officers were forced to open fire in self-defense and all hell broke loose. Dealt
with in a professional way, the situation could have been brought under control and the
death of several people and destruction of property could have been avoided, Indeed, a
commission of Inquiry under Justice N.D.Venkatesh indicted the Police Commissioner for
his lapses. However, the officers political masters rose to the occasion and soon he
superseded a more efficient and down-to-earth senior. It is a different story that the State
administration changed hands within a few months and the new Chief Minister restored
order by putting people in their places. But the fact remains that the findings of the Justice.
N.D.Venkatesh Commission of Inquiry never saw the light of day.
SERVING POLITICAL MASTERS
The political leaders are wary about the law and the judicial system; and they have to be
cautious on their dependence on illegal political funds. They need the help of the police and
it is not the other way round. There are many police officers who understand this dynamics
and play their cards shrewdly. A police officer in a southern State played it so well that in
spite of his publicly proclaimed moderate efficiency, he not an occupied the coveted
position of the Police Commissioner of an important city as Inspector General of Police (by
removing the holder of the position within six months of the latter coming there), but also
managed to be there for many years by getting the post upgraded as and when he was
promoted as Additional Director General of Police and later as Director General of Police at
the cost of all other aspirants. On his retirement from service, the political masters obliged
him by constituting a one-man committee for him, supposedly to examine and advice on the
reorganisation of the police setup fo the State, but actually to provide him creature comforts at
Governmetn expense.
.24
PRAVEEN KUMAR
.25
PRAVEEN KUMAR
.26
PRAVEEN KUMAR
culprits to book. The political status of the accused and the fall-out are irrelevant to the
process of investigation.
The misconceptions about loyalty with a slant in favour of the political masters and
other powerful influence-pedlars have clouded this vital aspect of policing. With the result,
the rule of law has suffered and the administration of justice is crippled. The damage
already done to the country's public life cannot be repaired until the police are brought back
on the rails of loyalty to their profession.
The police, whether it is the Special Protection Group, the Intelligence Bureau, the
Research and Analysis Wing or the Central Bureau of Investigation, survive the transient
political masters and their political groups in power. Their relevance to the country is more
abiding than that of the politicians in power. In the circumstances, the police ought not
to be subservient to the political masters whose future is unpredictable. The police
going loyal to transient political interests certainly will damage and debase the system itself.
It is a common practice in some States to change key officers when a new
dispensation takes over the rule. A recent example is from Tamil Nadu. And this is not an
isolated case. It reflects the attitude of the political leadership towards the professional
loyalties of the police. Public opinion about the professional loyalty of the police is rather
low.
Politicians believe that all those in the police are commodities that can be bought and
``loyal'' policemen to make a substantial difference to their political fortunes. Hence the
mad rush to place favourite police officers in key positions. Thus politicians exploit
the weakness of the organisation. The culprit here is the perverted loyalties of the police.
What is termed as political interference is patently the making of the police by their
personal loyalties.
The intelligence unit is the most abused section and its chief is the most willing tool.
Intelligence officers have a responsibility to their organisational objectives and they
ought to work towards meeting their objectives. But misplaced loyalties restrict the scope of
the intelligence units which are seen as the lackeys of the ruling parties and their
leaders. The usefulness of the intelligence units as political tools is so pronounced in
India that they are brought under the direct control of the Chief Executive of the
Government from the traditional Home Department and the chiefs are the main advisers of
the Chief Executive, head and shoulders above even the Chief Secretaries in States and the
Cabinet Secretary at the Centre.
This importance is a reward for the lengths to which these officers would go
risking their personal and career safety and indulge in illegal acts to oblige the political
masters. Telephone tapping and shadowing political rivals of the ruling party leaders are
only minor prevarications these loyal police officers indulge in to keep themselves in the
good books of their political masters.
Assessing the political trends and suitability of candidates in different constituencies
during elections and reporting the activities of politicians within and outside the ruling
party are now wrongly seen as legitimate functions of the intelligence units.
Mr. Chandra Sekhar, former Prime Minister, in response to a question on the Jain
hawala case during the 11th Lok Sabha election campaign, said the investigation of
.27
PRAVEEN KUMAR
corruption cases was the job of a Police Inspector and not that of a Minister. That answer
would be right in an ideal situation where the police function professionally, with their
loyalty fixed to their duties. It has no relevance in a situation where policemen are loyal
to individuals or groups in power. The police being the executive edge of the
administration, their loyalties make all the difference to the quality of administration.
Factional loyalties have the singular potentiallity of eroding fairness and impartiality.
They make professional loyalty seem meaningless. A mature and sober political leadership
can set right the fractured loyalties of the police organisation. In this context, judicial
activism, in a periodical review of the progress of investigation of some cases of national
importance, is a welcome step although in normal circumstances such a judicial review
would have amounted to interference in the independent functioning of the investigating
authority.
The duty of providing the right guidance and direction to the police lies with the
political leadership. Ironically, the police force has become an object of ridicule by being
asked to investigate certain affairs of the politicians with whom its absolute loyalty lies
and who twist policemen around their little fingers.
.28
PRAVEEN KUMAR
.29
PRAVEEN KUMAR
collect evidence against the illegal activities conducted openly on such a large scale, it is not
worth being in existence. There is not even a single case anywhere in India of such exclusive
markets dealing with smuggled articles being shut down and the illegal activities being
brought to a halt by prosecuting the sharks of the smuggling world.
The same is true of stolen articles. The footpath vendors in specified market areas trade in
consumer goods, running to crores of rupees each day, without paying legal dues to the
Government in the form of sales and income taxes and in violation of various rules and laws.
The illegal business contributes to the growth of parallel economy of black money in the
country. These markets thrive before the eyes of the local police force.
Either the police do not have the professional resolve to bring the illegal activities to halt
or the offenders who indulge in them have the police backing in running the business. In
other words, the police are hand in glove with them.
The leeway involved in the exercise of power, coupled with the sensitivity of the job,
renders the force vulnerable to corruption. Letting gambling dens flourish, backing the
manufacture and sale of illicit liquor, overlooking prostitution, black-marketing and drug
trafficking, changing the course of investigation to save certain criminals or deciding
the
process of arrests and seizures to favour certain individuals or parties, make life different for
the people involved. On the one hand, illicit business carried out with police patronage or
tacit support make huge grists in which the police naturally have a huge share. On the other
hand, the culprits are prepared to pay any price in order to divert the attention of the police.
Huge sums of money change hands either to avoid arrest, search and seizure or to change the
very course of investigation. The police can be part of such dirty deals without leaving a
clue.
A fall-out of corruption is, the dishonest thrive at the cost of honest professional. Flexible
elements are useful assets to people in key positions to save their kith and kin as the when
they get involved in criminal proceedings. Such characters in police are always cultivated
and posted to key positions so that compromises can be easily mached Honest police
officers are sidelined.
The need for police is limited to the need to have an obedient force at the disposal of the
rulers for use wherever they feel like. The existence of such a force gives the common man a
feeling of security. The force also helps to absorb the blames heaped on the rulers while
things go wrong. While these cardinal goals are met by the mere existence of the police,
anything in addition, say professionalism, integrity and honesty become achronisms. The
general perception is that an upright police force is always an inconvenience to the people
and therefore is not always tolerated and encouraged.
Corrupt police is the product of a corrupt society and corrupt police in turn perpetuate
corruption in society. This forms a vicious circle. As corruption takes control and spreads to
all strata of the force, upright elements in the force become a minority and also forfeit the
coveted position in the organisation as inconvenient candidates. They are scorned, detested
and avoided as moles in the mainstream. Taking recourse to unfair and illegal means to crush
upright officers in also not uncommon. Though courts of law can theoretically protect
officers against such harassment, expenses, time and uncertainties involved and the history of
court judgements render the protection meaningless and force the upright officer to silently
.30
PRAVEEN KUMAR
bear all humiliations and losses or yield to the pressures. It is to the credit of Indian police
that it has great officers who have withstood all slights without yielding to pressure.
In the olden days, corruption was confined to the lower strata of officials. The situation
has changed now; it originates from the above and percolates downwards. An intelligence
chief may drive his unwilling subordinates to adopt all sorts of illegal methods including
telephone tapping, political espionage and other dirty tricks in his attempts to win over his
political masters and may even succeed at the cost of more senior aspirants. Now, what
about the subordinates once his business is done. His worry is how to use his new position to
further his prospects before he retires in a few months. As the date of retirement approaches,
his perception of right and wrong blurs in the lust to make the most of the position. This is
the crux of the problem of corruption.
Freeing the police from the grip of corruption is a priority for rebuilding India. A noncorrupt police is the beacon of a healthy society. The police can usher in a healthy social life
in the country only by first getting itself rid of the cobwebs of corruption and then infusing
professionalism in its work. It must elevate itself to the heights expected of it as the guardian
of the rule of law, justice and fairness in the social structure of the country.
.31
PRAVEEN KUMAR
.32
PRAVEEN KUMAR
.33
PRAVEEN KUMAR
Professional knowledge is vital in the field of policing too. What is at issue is not only
the knowledge of law and procedures but a deeper insight into their applications, necessary in
diverse circumstances. A mind, alert to its surroundings with an inexhaustible curiosity to
know what is afoot and triggers each development and its likely impact on policing in
general and the worker at hand in particular, is essential for efficient policing. This entails
special efforts to update professional and general knowledge at all levels. There are training
programmes, including inservice training, but they lack in substance and quality. They fail to
impart the right knowledge to the trainees and induce attitudinal changes in them. The lack
of commitment to work, either in actual performance or in supervision, is the primary cause
of this failing . A healthy police setup, from the constabulary to the ranks of the DirectorGeneral must possess sound professional and general knowledge at all levels.
The modernisation of the police force with the latest communication, transport, weapons
and office equipment system and the simultaneous creation of the necessary infrastructure for
their operation in advance alone will make the police force rise to the challenge of elite
criminals who are armed with sophisticated equipment. India of the third millennium will
require its police force to be equipped with helicopters as an aide in emergencies. A
genuine and effective effort to achieve modernisation would be indispensable in the future.
A face-lift to police stations and offices with the latest office equipment and general
facilities will go a long way in boosting the morale of the policemen.
INTELLECTUAL ANALYSIS
The passion for modernisation is not met with an intellectual analysis of the needs for
modernisation. The result is spasmodic efforts without the logistic support to sustain
modernistion. This has resulted in enormous wasteful expenditure towards the acquisition
of gadgets. Indian is yet to develop a system to assess the needs of modernisation in the
police and to devise techniques to speed up the process. India is yet to make full use of
advanced computer facilities for policing, computerisation of fingerprints is yet to reach a
satisfactory phase. The use of helicopters for policing remains a dream. Distant hearing and
night-watch devices are also unknown.
The response time of the Indian police to a crisis call is unduly long when compared to
international standards. Efforts to shorten it, in Delhi and few other places where terrorist
strikes made shocking impacts did bring about some improvements. These are only
exceptions. Otherwise, no serious though is given to the need for quick response. The
modernisation programmes which should pave the path for improving the response time,
seldom attend to this salient need.
The Bangalore city police spent liberally in 1991 on modern communication gadgets; but
this did not improve its speed of response. Instances of such wasteful expenditure on
modernisation are available in other parts of the country also.
Though efforts have been made to redeem the image of the Indian police nothing
substantial has been achieved thanks to amateurish handling of the affair. The managers have
their image development tools limited to issuing occasional press statements when actually
image development has become a highly advanced. Field of specialisation.
CONSTABULARY
.34
PRAVEEN KUMAR
The constabulary which forms the backbone and cutting-edge of Indian policing and
wields real authority over the populace, is a lowly-paid, modestly educated, non-elite mass of
workes in uniform. The authority they wield makes them fearsome while their low status in
society stands in the way of their getting empathy and respect. The fearsome authority sans
empathy, respect and legitimacy decidedly proves a deadly substructure for an organisation
and people certainly resent an organisation with this unhealthy attribute. This foible in the
extant setup makes policing more complex.
The Indian police of the 21st century will require sub-inspectors with their present scale of
education and status in society as the primary unit of policing at the cutting-edge level.
Constables up to the level of Assistant Sub-Inspectors of Police should be limited to the
duties of assistants without police powers and responsibilities. This will require a huge
army of subinspectors while the contabulary stands to be severely spruced in strength.
With the removal of the constabulary from the hierarchy, the sub-inspectors will occupy
the lowest rank in the setup. Each police station works under a police inspector assisted by a
host of sub-inspectors, performing all subordinate functions including beat patrolling and
investigation of minor cases.
Diligent efforts at the highest level in the organisation to create a force characterised by
integrity, commitment and intelligence may be the foremost need of a police organisation of
the future. The prevalence of police administration over general administration in the
survival of a nation as a democratic and disciplined country may necessitate changes in the
recruitment and service condition rules to attract the best talent.
WORK ASSESSMENT
The system of assessment of work for promotion has fallen into utter misuse. Subjective
assessments of corrupt influences must be replaced with periodical promotions in a time scale
of say, 25 years. So every police constable retires at least as an Assistant Sub-Inspector of
Police, a Sub-Inspector as a Deputy Superintendent of Police and an Indian Police Service
Officer as an Inspector General of Police. The officers of the Indian Police Service may be
posted, on first appointment, as Superintendents to make the career more attractive, though
not to districts directly. And dual recruitments as in vogue now, has to be stopped to make
selection meaningful.
Officers, in exceptional cases, may have avenues for special promotions in addition to the
two provided in a time scale of say 25 years, on the basis of a written examination and on an
overall assessment of their career of 25 years by high-power committees formed for the
purpose. The promotion of constabulary in exceptional cases to the ranks of PSIs and above
should be screened by the All India Police Authority and the promotion of an IPS officer as
the Director General of Police and above should be approved by a Central Cabinet
Committee headed by the Prime Minister.
.35
PRAVEEN KUMAR
.36
PRAVEEN KUMAR
public agitation likely to follow do not matter, considering the dangers they face in carrying
out the task. It is a crisis and the tendency is to somehow overcome the situation
irrespective of what the future might hold. The administrators know that excessive checks
and moral fears blunt the killer instinct in the policeman and affect the chance of his success
in the field. The authorities up the hierarchy also believe in succeeding somehow rather
than play by the rules. This is the crux of the matter regarding human rights.
Human rights take precedence over national and social interests and transcend religious
and moral issues. Human rights become a sensitive issue only when they clash inter se and
invite a decision on basic issues. The question is who is to judge such basic issues.
Certainly the decisions cannot be left to the whims and convenience of the police.
The human rights is the spine of policing must be made an integral part of the police
culture. This is absolutely necessary. Only such emphasis restrain the police from indulging
in violations.
NATURAL AND BASIC
Human rights are the natural rights of the human race as well as the laws that help make
social life possible. This gives a legal slant to the issue. The legislature, in a democracy,
decides how much of such rights could be surrendered in common interest. The legislature
by promulgating laws and the courts by interpreting them delineate what natural rights
constitute inviolable human rights violations are an issue between the legislature and the
judiciary on the one hand and the executive, which is the police, on the other. For the fearstruck citizens, it is an issue between the helpless them and the arm-twisting Government. In
simple terms, human rights violations involve violating the basic rights of life, liberty and
human dignity beyond the limits of the law. The violations may be committed in the acts of
execution, confinement or torture. It is basically the use of power beyond the scope of law for
certain ends and is not committed for any noble end. Such violations are common in secret
service operations; in emergent situations, say, when separatists or terrorists are active or
dangerous operations of foreign agents are suspected.
The police indulge in human rights violations on suspected elements to bring the situation
under control either by eliminating them or by forcing them to reveal their plans. Fake
encounters were first contrived and staged by the Indian Police. Crime investigations account
for a large share of human rights violations in the developing countries where third degree
methods are employed in the interrogation of the people detained. Death, rape and torture in
custody are common in many developing countries.
Are acts of human rights violation effective in crime investigation or in controlling a
troubled situation? The answer is no. A temporary lull may be created, but in the world of
organised crime, the illegalities of human rights violations have either no impact or have just
the opposite impact. The criminals are mentally and physically prepared to face any threat to
their basic rights. Devising alternative plans to counter police action is only a minor
diversion in their massive operations. In fact, they enjoy fighting the Government on equal
terms with no legal or moral inhibitions. Their resolve to fight the Government with all the
resource at their disposal is only strengthened. It becomes a no-hold barred fight then
onwards, the law-enforcers losing their initial advantages and the edge of civility and
decency.
.37
PRAVEEN KUMAR
.38
PRAVEEN KUMAR
investigation are the tools available for achieving these ends. Human rights make up the
essence of the privileges man enjoys in the social setup. The police, entrusted with the
responsibility of protecting rights, are doing a disservice to the profession and humanity in
violating human rights in the discharge of peripheral duties.
But this is not unique to Indian police. The police and the governments of almost all the
developing countries suffer from the syndrome, the problem being acute in non-democratic
countries.
The problem is laying the emphasis on results irrespective of the means. Committing an
injustice in the name of justice cannot be called a service in the cause of justice. In policing,
each means is an end by itself. Policing by its very nature, involves extreme measures such as
detention, arrest, search, seizure, impounding, forced entry, taking possession, controlling
movements and the use of weapons. These methods when not employed discreetly and
moderately, do great harm to individuals and society. Perhaps in no other organisation is
means as vital as in the police.
.39
PRAVEEN KUMAR
.40
PRAVEEN KUMAR
It is the national character of the CBI that makes it stand head and shoulders above the
myriad crime investigation department. Its prime position as the investigator of all
important and sensitive crimes has brought it to the centre-stage in the public life of India.
Otherwise, the CBI, as an investigating agency, is on par with any other crime
investigation department regarding the law, judicial proceedings, investigation methods and
the powers and privileges given to the investigators.
Does the CBI, in its present form, fully qualify to be a premier investigating authority?
The answer is no. The restraint on the CBI from exercising its powers and jurisdiction in any
area in a State without the consent of the government of that State is a great handicap.
India, in 50 years, has come across several States giving and withdrawing consent
depending on their political and parochial conveniences. This attitude renders the CBI part of
a political game plan tarnishing its image and degrading the merit of the investigations.
The CBI should be empowered to extend its tentacles to all areas of the country and
investigate all types of offences classified crime. The Act has to be amended to that effect.
The Act provides for the appointment of the head of the CBI by the Central Government,
which involves politicians. Now, why should the head of the premier investigating agency be
named according to the whims and fancies of the politicians in power? The power of
appointing the head of the CBI should be taken away from the Centre. The agency will then
have its credibility restored. Again, the Act has to be amended.
Once a case is referred to the CBI, the people assume that the law will take its course.
Only insiders know the turns and twists it undergoes depending upon who is what in the case
and in the Government
Right from taking up a case for investigation to the stage of filing a chargesheet and
later, anything may happen at any stage depending upon the political dictates. A case may be
investigated and chargesheet filed within a few weeks or months or just shelved for decades.
Arrests, decisions on bails, searches, seizures and chargesheets are all subject to political
convenience. The political head gains this leverage by becoming instrumental in the
appointment of a particular police officer who would never have dreamt of making it to the
top.
The grateful chief knows to whom he owes his coveted position, and his power and
conscience are at the convenience of his political boss. This is an arrangement of mutual
benefit.
When the new chief dares to challenge the will of his political patron, the sword of abrupt
removal from the post is held over his head. Now he has no option but to go against his
conscience and professional will unless he is prepared to sacrifice his job. By quitting, he
does service to nobody: after all, there are others waiting to distort professional decisions at
the command of the politicians. So he would rather join the race. This is how the agency
chief is brought down on his knees.
.41
PRAVEEN KUMAR
The malaise lies in the legal framework inherited from the Act the provided for
constituting the special police force. When a series of sensitive cases against prominent
political leaders was referred to the CIB in the Nineties, the agency stood exposed by its
meddling.
The case of the Bofors gun deal drags on; the handling of the St.Kitts forgery case, the
Jain hawala case, the urea scam, the JNN bribery case, the Lakhubhai pathak cheating case,
the Indian Bank scam, the telecommunications scandal, the anti-Sikh riots case of 1984 and
the case of harbouring terrorists and mafia associates has dealt a blow to the credibility of
the CBI. The public no more trusts the CBI.
What exactly has brought about the situation? Delay, sometimes running into years, in
taking up or completing investigation of politically inconvenient cases, prompt execution
when the political climate is congenial, decision to oppose or allow bails on political
considerations, building up cases around flimsy evidence such as entries in diaries and
inconsequential photographs sans corroboration have all eroded the status of the CBI.
Going to the press about chargesheeting key political personalities even before statutory
permission is obtained for the purpose (the Supreme Court observed, in this context: talking
too much outside and also carrying documents in the pockets) and leaks about politically
sensitive cases make the agency suspect.
The charge that the CBI is more interested in trying the cases in the media than in courts
cannot be answered squarely.
If the appointment of the CBI chief is one side of the coin, the enormous powers he and
his political masters enjoy is the other. Professional investigation by an upright officer can
always be scuttled and the officer abruptly removed if he is found too inconvenient.
Reverting officials to the base is always a possibility.
Mr.K.N.Singh, former Joint Director of the CBI, in his book, My CBI Days refers to the
harassment he underwent for pursuing investigation according to his conscience.
Mr.K.Madhavan, another Joint Director, preferred voluntary retirement.
The solution lies in liberating the CBI from the grip of the politicians and bringing its top
brass to their senses about professional responsibilities. Making the CBI autonomous is not
going to achieve anything.
There is no guarantee that the CBI chiefs who make merry in the company of their
political benefactors will behave better when left free. Chances are that they may run parallel
political manoeuvres to build a base for theselves.The Supreme Court pronounced on May 5,
1997, that it was not in favour of making the prime investigating agency totally autonomous,
but would like to evolve a method based on checks and balances so that it could function
independently in accordance with the law.
The crux of the matter is a method based on checks and balances. The key is the
appointment of the chief of the agency.
.42
PRAVEEN KUMAR
A statutory panel constituted of men from the judicial profession as advisor to the
agency may fulfil the need for checks and balances. The panel may be invested with the
power to appoint and remove CBI chiefs on the basis of their performances.
The panel may advise the agency on taking up cases, arrests, searches, seizures bail and
chargesheets. The advice has to be statutorily binding on the process of the investigation.
The panel has to be free to monitor the process and the pace of the investigation.
The panel may consist of a dozen senior most retired judges of the Supreme Court as
permanent members, one of them as chairman and the CBI chief as member-secretary. The
membership of the panel must be awarded to the senior retied judges including chief justices.
Only a full panel with a minimum of 80 percent quorum must be empowered to decide, on
a simple majority, about the appointment and removal of the CBI chiefs, promotions and
transfers of officers of an above the rank of Assistant Director.
The function, privileges, rights, liabilities and responsibilities of the panel have to be
clearly defined in order to avoid clashes with the CBI.
A suitable amendment to the Delhi Special Police Establishment Act 1946 is the first
step. The constitution of the panel as part of the body of the CBI shall be the second step.
And the third and most crucial step will be suitable administrative measures to ensure that
the panel discharges its responsibilities in a fair manner. Appreciation and an atmosphere free
of bureaucratic hassles and pulls and pressures will help the elder members of the judiciary
discharge their responsibilities in guiding the CBI in the right course.
.43
PRAVEEN KUMAR
LACK OF PERSPECTIVE
Clandestine operations require highly specialised skills, Ignoring this need means
compromising and betraying the organisations operational efficiency and exposing the
.44
PRAVEEN KUMAR
country to dangerous security threats. Another important reason for the retarded growth of
the Indian secret police is the general lack of security consciousness in the country and the
inability to see and place the imperatives of a national security policy in the right perspective.
These glitches end up in security breaches. Indias approach to national security is always
piecemeal, incoherent and casual.
It does not have a sound and well-conceived national policy. Security threats are always
treated with short-term face-saving responses which never contribute to the real long-term
security needs of the country. The people who fought a mighty power to liberate this
country from the yoke of foreign rule just half a century ago have not bothered to start a
public debate on the subject. Indian security now is left at the mercy of time and it is sheer
luck that democracy has escaped the hungry wolves waiting to prey on it.
Security policy is the essence and unifying factor behind all the policies of most
developed as well as developing countries. Whether in foreign, defence or economic policy,
industry, trade and commerce, science and technology or human resource development, the
policies are all oriented to national security. Most developed countries have exclusive super
agencies reporting directly to the head of government to advise it on, oversee and mastermind
national security policies and its operations.
The U.S. has the National Security Agency (NSA) doing yeoman service as the national
security advisor to the President and enjoys more powers than the CIA. Israel and Russia have
efficient outfits at the political level to formulate their national security interests. Most
developed countries have created their own systems to mastermind matters touching national
security with the power to override the decision of other departments. India is yet to learn
its lessons from these developments.
The excessive concern for national security has led to the creation of parallel
governments and power centres in some countries. There are instances of black acts being
committed against the legitimate policies of countries in the garb of national security.
Pakistan is an example of a constitutionally-elected government living in the shadow of fear
of its secret police. The Inter-Services Intelligence )ISI) has indeed taken upon itself the
responsibilities of national security.
LOYALTY, A POSITIVE ASPECT
In the context, a positive aspect of Indias poor concern for secret interests is its clean
slate regarding the existence of secret parallel governments and clandestine power centres. It
is creditworthy that the Indian secret police has remained subordinate and loyal to its
legitimate authorities.
The field of operation for the security agencies continues to be confined to traditional
methods which ignore the needs of a modern integrated approach in consonance with the
national policies and programmes. India cannot afford to treat its security concerns
according to the whims and fancies of the people who come to head the Ministries and their
political and personal ideologies.
India lacks a regimen of long range security programmes to make its security operations
meaningful and purposeful. It is lagging far behind the world standards in hi-tech ultra-secret
espionage operations. Its secret police are yet to make proficient use of the countrys
.45
PRAVEEN KUMAR
impressive strides in satellite launches and other space innovations. Except perhaps in the
case of Pakistan, India is yet to fully utilise the service of world-class mercenaries. In short,
security is not high on the priority list.
The state of affairs is even worse in the special branches or intelligence units of the
States and Union Territories. The former have become tools of the ruling parties which spy
over their political opponents and the field situations. Law and order is pushed to the
background.
As far as internal security is concerned, they are rather ill-equipped for the task in,
manpower resources, hi-tech equipment, expertise, organisational efficiency and motivation
factors, save some routine VIP security exercises which do not call for expertise. These
exercises are meant just to oblige and gratify political masters.
Their contacts with the news media, a vital link in intelligence operations, are few and are
mostly confined to local newspapers for the purpose of disinformation and to keep track of
news dissemination. Occasionally, these contacts are misused to promote favourite
subordinates. The role of these special branches in providing skilled recruits to security
agencies at the national level has remained a dream.
The institution of an apolitical agency with a permanent core group of experts whose
integrity is proven alone can change the situation. This nucleus will act as the guide,
advising the head of government in national security matters. Efforts made in this direction
are rather sketchy, ill- conceived and half-hearted. It is high time work was done in earnest
to form this comprehensive agency.
VIP PROTECTION
In India, national security, for all practical purposes, is synonymous with VIP security
and the police refuse to look beyond protecting individuals. This is because of the lopsided
loyalties and aberrations in understanding professional objectives and responsibilities and a
tendency to trade off professional responsibilities and services for promotions. This explains
the existence of the Black Cats, National Security Guards, Special Protection Group and so
on. While the safety of national leaders is important, it is not the plank on which national
security stands.
The VIP security has become a public farce with all kinds of people demanding and
obtaining security classifications depending on the money and power they have. They get
the cover of highly trained police personnel as a mark of their prestige and social standing.
All matters concerned with national security are highly sensitive and should be treated
as such. It should not be degraded into a mean exercise for the benefit of a few persons,
however influential and important they may be.
Each VIP visit to a region ends up with the entire law and order wing of the police force
drawn out for protection duties, throwing normal work out of gear. With the VIPs busy
trotting around the country, it has become a serious threat to routine police work.
.46
PRAVEEN KUMAR
POLICE UNPROFESSIONAL
Policemen are executives of law and executors of the rule of law. As professionals, their
only interests are the laws of the country and its enforcement at all costs including personal
safety and self-interests. This, however, is only an ideal situation. The job culture and peer
pressure play a major role in setting the standards in an organisation. This situation is not
quite happy regarding the Indian police now. The reason is the general collapse of the
professional instinct, caused by the degeneration of values. Society gets the police it
deserves. A country of self-seekers naturally has a self-seeking police force and the
consequence is lawlessness. This is the malady India suffers from. The symptoms are
crime, disorder and insecurity that have kept the country and its people in a stranglehold.
An incident that took place 16 years ago in Chitradurga district of Karnataka will illustrate
the kind of professional commitment Indian police pursue. A gambling den was raided by
the police and the owner spoke lowly of the DIGP whom he said was taking mamools
from him every month. The matter was reported by a local newspaper. This infuriated the
DIG and the police turned its ire on the newspaper. The Deputy Superintendent of Police of
the sub-division in which the range headquarters was situated joined the fight and a gang
ransacked the office and the press of the news paper a week later. Though a case was
registered with the local police station and the owner of the newspaper moved heaven and
earth to bring the culprits to book, nothing came out of it and the case went undetected. But
the people knew who were behind it all.
Such episodes shatter the trust of the public who cannot look upon the police as the
guardian of their rights and interests. Basically, lapses lie more in the concepts than in
individuals. The police as a collective force operated to wreak vengeance on the newspaper
for factual reporting, though somewhat indiscreet. But going on a rampage, however highly
placed the officer in question could be, in nothing but, making a mockery of professional
objectives. The most disturbing aspect of the present Indian police is the slow and steady
process of replacement of the passion for law, justice and fairness by a single-pointed
indulgence of self-seeking tendencies as the drive of the police system. Much more
disquieting is the attitude of the public about the development and their complete
dependence on the police as the protector of their legal rights, provider of security ad
dispenser of justice. What is actually happening is a great betrayal. Indeed, the tool, namely
the police, is there to enforce law and provide security. But it has become the handmaid of
the rich and influential and serves the interests of the people in that stratum of the population.
Self-seeking tendencies express themselves at all levels of policing and management of
organisational matters. As far as policing is concerned, be it crime-prevention or
investigation, collection of intelligence or management of internal security or maintaining law
and order, self-interest has role to play. Its expression in crime management is too obvious a
matter.
While intelligence collection is becoming a politically oriented function, internal security
operations are no more than providing cover to political bigwigs and other influential people
at the cost of more pressing problems of national magnitude.
.47
PRAVEEN KUMAR
Law and order has become a tool in the hands of the politicians and the policemen make
themselves available for such games. In the process, honest policemen suffer and the morale
of the system receives a serious setback. The result is lawlessness spawned by the absence
of effective policing and wrong models as the protectors of law.
The parochial instinct of the police expresses itself in the management and organisational
matters. Under the cover of discipline and the need of tacit obedience, the game of
favouritism is wilfully played on the one hand and any resistance is ruthlessly crushed on
the other. Organisational processes such as promotions and transfers are widely used to
achieve personal ends. Posts with no job content are created in various ranks primarily to
accommodate officers who refuse to fall in line with the higherups for reasons of conscience
and professional integrity. It an upright officer takes a sinecure posting in his stride and
refuses to part with his principles, he is harassed through other means. Recently the
commandant of a training college pressed his higherups and the state Home Secretary for the
removal of a functionary of the college from his important postion. The latter was accused of
involvement in a fraudulent act involving several lakhs of rupees. The Home Secretary and
the chief of the unit ( in the rank of DGP) made sure that the commandant of the college faced
the consequences for recommending action on their favourite official. His vehicle was
withdrawn, telephones were disconnected, his personal staff
was harassed and his
subordinates were encouraged to disobey. This continued until the officer who found
functioning impossible went on leave. He reported back to duty only after he was transferred
out. More surprising is that such incidents take place in the open without any attempt to
keep it secret or discreet.
Professional pride is the panacea for the malady of self-interest in professionals.
Greating an ambience of professional pride is a sure way of nurturing and promoting high
professional standards and efficiency. It is immaterial whether high professional pride
creates high standards. The fact is both are important to create a conducive environment of
professionalism.
India definitely needs such a professional environment in its police force to strengthen its
democratic traditions and the roots of the rule of law. An organised effort is on in the Indian
police to force its members to fall in line at the cost of individual brilliance and creative
abilities. The policemen are starved of innovative steps. The organisation follows the
principle of nipping talent in the bud insisting on unquestioning servitude. The talk of the
top brass on public platforms about the need to nurture excellence and the outstanding
qualities is a farce. Most leaders prefer status quo at the peril of the growth of the organisation
so that their interests remain undisturbed.
For administering the medication, first, topmost police leaders of the country need to be
convinced that the police of present India are really ailing with serious problems and the
system really needs treatment.
.48
PRAVEEN KUMAR
.49
PRAVEEN KUMAR
the crop it is asked to protect. The enormous powers confer special responsibilities on it to
protect innocent people from a rash exercise of powers.
Every person thinks he is right and every criminal is just in his own assessment. Every
act of a human being has its own logic, reasons and justifications. This is true of the police
too. Every encounter, every lockup death, every third-degree method, every wrongful
confinement, every illegal arrest and every excess committed by the police has its own
justification. It is irrelevant how the justifications appear to outsiders. You seldom find a
policeman confessing to a wrong or an excess committed. Commissioners have explained
away the gunning down of innocent citizens by subordinates in broad daylight as a case of
mistaken identity. We have any number of cases of senior police officers colluding with
subordinates in destroying evidence of lock-up death cases.
The cause of failure of the police lies more in the systems failure, the character of its
main players, deviant job culture and wrong leadership than in the concept of policing. Police
in an inappropriate milieu may turn into a monster.
These days the executive heads of government opt for their own men in the police force
to head premier investigation agencies; political rivals are investigated and charge-sheeted on
flimsy grounds while cases of national significance drag on. The police is reduced to the state
of a tool of political revenge in this power game. In the process, the police loses its
credibility as a nonpartisan player and an infallible tool of establishing justice.
Making justice a costly affair gives another dimension to the issue. Effectiveness of the
police lies in its ability to make justice an easily and cheaply dispensable commodity. The
police is the first line of defence. Courts come on the scene only in a far later stage. Most
cases of dispute never go beyond the police stations. Good police certainly symbolises
effective administration of justice more than courts and prosecution department together do.
.50
PRAVEEN KUMAR
.51
PRAVEEN KUMAR
opportunity in the enquiry. The officer was removed from his position and was not given an
alternative posting for atleast three months. If anybody was to be held responsible for the
lapses in the prison, it was the government for not acting on the report of the ADGP.
In this case, not only did the ADGP become a scapegoat for the lapses of the government,
but also an easy target for police officers who found his integrity inconvenient.
Police administrators wield power over the state authorities. Power breeds arrogance.
The sweep of arrogance is so strong that it has not patience for rules, laws, codes of conduct,
moral values, natural courtesies and human diginity.
An illustration of how low the police administrators of independent India can stoop is
provided by this instance, the likes of which can be found anywhere in India.
A police chief of a State between 1986 and 1990, who had obtained several sites from the
government through false claims in the names of his wife and himself and a spacious house
in a posh area of the State capital refused to occupy the police house allotted to him and
continued to stay in his own bungalow for the first three years of his tenure till the end of
1989. He shifted to the police house and took up the renovation of his own bungalow just a
few months prior to his retirement.
Rules required that the full guard provided to his at his own bungalow be shifted to the
Police House.
SELECTION DENIED
The Deputy Commissioner of Police in charge of the armed police force committed the
serious error of shifting one head constable and four constables from the bungalow to the
Police House instead of assigning a new team to the Police House and keeping the old guard
in the chiefs house under renovation to keep vigil over the construction material. This
infuriated the police chief so much so that the Deputy Commissioner was not selected for
the vital All-India Service, not only that hear, but also in the next ten years while his juniors
superseded him. The indifference, incompetence and corruption within the Union Public
Service Commission (UPSC) helped the process.
The UPSC in its perverted competence has created a new breed of administrators in the
police and other administrative classes. This new breed is interested in nothing beyond
meretricious schemes for promoting its career interests. They only think of more perks,
creating new posts to improve avenues of promotion and fighting for parity with other
services. Thoughts about how the schemes would affect the police structure in the long run
never bother these people.
Newspapers carry report of how promptly and actively regional and central IPS
associations respond to all the decisions touching their career. We never hear these
associations taking up any cause in matters purely professional- law and order, security or
crime investigation. The matters are left to the care of those down the line.
Administration is a highly specialised field requiring extra-ordinary skills but the state of
affairs in the police field is archaic. Actually, there is no administration worth the name.
There are no long-term plans. No organisational initiatives. No growth and coordination
studies. The organisation takes care of itself depending upon the need factors. As far as
.52
PRAVEEN KUMAR
morale, motivation and mental well-being of the manpower are concerned, the contribution
of the Indian police administration is absolutely nil.
Threats and suppression form the essence of manpower management . Waste of human
resources and mandays is the general rule. Quality, efficiency and character are
inconsequential. Assessments are unheard of. Accommodating the desires of the higher-ups
in official and political circles and powerful people on a quid pro quo basis is the accepted
norm.
There is leadership crisis at the administrative level. Reasons for this deterioration are
many. The agency in charge of selection, namely the UPSC is now manned by people
unequal to the task. Restructuring the UPSC with professionals of competence and integrity
can tone up public administration.
Administration as a service in spirit and governance deals with men, money, materials and
machinery through laws, rules, decisions and directions. Administration, for the most part, is
human resources management.
The distinct culture and service conditions of the police, the stress and strain of policing
and the psychological factors throw up problems unique to the organisation. This renders
police administration a specialised field to be handled by experts having insight into the
working conditions and the psychological pressures of policemen.
The responsibilities of any administration are two fold providing the body and shape
required to fulfil the objectives of the organisation within the limits of the extant laws and
providing the right ambience to boost the morale, motivation and above all the mental wellbeing of the personnel.
The extra-ordinary nature of the police setup and its working conditions render the latter
responsibility a sensitive field warranting specialised study and application.
The complex psychological factors involving policing in diverse social conditions and
social imperatives of a policemans life require dexterous handling of affairs to promote
morale and right motivation in place of the rule-of-thumb approach adopted now.
Unfortunately, the present chiefs of the civil service are unequal to the task.
What is required is highly intricate organisational policy imbued with specialised skills
and insight of the highest order to inspire, motivate and get the most out of the manpower at
disposal. The involves balancing many contradictions inherent in the human psyche. On the
one hand, the police force has to preserve its professional pride; on the other, it has to be
taught to accommodate in its character the instinct to obey. It has to be tuned to be faithful to
authority while its ultimate loyalty must rest with its professional objectives and the rule of
law.
The police have to be tough and fearsome to criminals and law-breakers, and gentle and
friendly with the public. They have to be the model law-abiding citizens even while dealing
with hardened criminals.
While they are accustomed to the interplay of ranks and status in the rigid hierarchical
order of the force, they should learn to treat all as equals and exercise authority over people
.53
PRAVEEN KUMAR
at the top level in society. In short, the task of balancing these contradictions is the real
challenge for the police administration.
.54
PRAVEEN KUMAR
India wanted its All India Services of the post-independent era to break away from the
British legacy and as a first step altered the names of the services. It is an irony that the
process led to and marked a dilution of quality. The present Indian Administrative Services
is not even a poor shadow of the old Indian Civil Service; nor does the Indian Foreign
Service bears a resemblance to the Indian Political Service; and the present Indian police
service lacks the vigour of the good old Indian Police.
The old All India Services was built on the tripod of faultless selection and recruitment,
perfect training and exposures to the highest standards of professionalism and character to
sustain it throughout. But, new India just failed to give these factors the importance they
deserved.
Reasons for this deterioration are many. The first is inherent lack of passion for quality
and excellence. The agency incharge of selections, the Union Public Service Commission, is
manned by people unequal for the task either in their professionalism, efficiency, passion for
brilliance or basic character, How can the process be reversed?
Merciless pruning of the extant services to create a compact and highly responsible core
of administrative potentialities to handle a few sensitive key positions in the colossus of the
administration is needed now. Nothing short or brilliance and highest potentiality to handle
the affairs of the country should find a place in the wing that is responsible for constituting
the nerve-centre. The administration must be kept beyond the purview of extraneous
constraints such as reservation of any kind and even age restrictions by way of multiple point
entries for different age groups. The guiding principle here is drawing the best talents from
whatever sources without restraints of any kind for the best results. The services should not
be treated as an employment opportunity to the elite, but as the foundation and pillars of the
government.
HUMAN RESOURCE
The basic source of manpower for these services has to be boys and girls below the age of
16 years who have completed secondary education. The selection must be made part of the
final secondary examination. The UPSC must be made responsible for grooming those
recruited. The commission must handle their further academic studies at the governments
expense for the next seven years to meet the demand of the services.
Identifying the best talents of the country at higher age groups has to be the goal of the
Establishment Cell created within the UPSC on the lines of the Establishment Officer of the
Home Department of the British Raj. The cell must get busy scouting for best talents from
whatever source for direct absorption to the All India Services at the appropriate levels after
initial training. Outstanding professionals, technocrats and creative minds of proven calibre
can be the candidates.
Every recruit has to be put in independent charge of a subordinate job for two years under
the supervision of a competent senior officer. His performance in this sphere must from a
.55
PRAVEEN KUMAR
vital ingredient in the annual assessment. The trainee must be judged at every stage at
different levels to decide his or her suitability for various jobs.
Five years of regular service after the field training must pave the way for the first
promotion. This must function as a natural filtering process as those fit should be promoted
in the mainstream while others get elevated to higher ranks in the related subordinate
departments to man posts covered under the Central Services.
Mr.B.K.Nehru, in his memoirs Nice Guys Finish Second refers to an incident in
1950s wherein the then Finance Minister T.T.Krishnamachari, asked the chairman of the
Central Board of Revenue to show him a particular income-tax file. The latter refused point
blank on the ground that the law did not allow it. While he agreed that T.T.K. was his
superior, he contended that he himself could see the file as the chief of the Income-Tax
Department while TTK could not as he was not directly involved with the department. India
needs such spirit.
While the Ministers must lay down objectives and policies, their secretaries must
formulate programmes including drafting appropriate laws and rules to channel the
government objectives and policies. The onus of implementation of the programmes must be
left to the departments concerned.
India, in the pre-independent years needed brilliant people to handle its administration.
British India, with all its brilliant ideas and administrative wisdom, created the All India
Services. It recruited brilliant people for the services, imparted the best possible training to
them, exposed them to the highest standards of the profession and presented them the best of
trust, powers and opportunities to carry out their responsibilities. The Government took care
of all their personal needs, provided them with many opportunities for growth and bestowed
on them a halo of invincibility.
The training programmes for the services should be relevant to the time and highly
advanced in content. Subjects taught have to be updated every year by experts and made
challenging even to the brightest among the members of the services unlike present training
programmes which are intellectually impoverished, irrelevant to the time and do not help
tune attitudes to higher levels. Another need is making the promotional tests mandatory and
of a high standard. Overhauling the present mediocre Union Police Service Commission to
create an efficient and responsible set-up capable of handling the enormous responsibilities
under Article 320 that compels attention to arrest the degeneration set in, in the set-up that
led to blunders in identifying talents and managing the services.
CREDIBILITY OF THE UPSC
A recent case is from Karnataka where three promising officers from the state cadre were
denied selection by the UPSC to an All India Service for no obvious reason for ten years from
1990 while their juniors scored the elevation. The acute frustration and demoralisation
caused led to the break-up of family life of one of the promising trio and subsequent divorce,
repeated violent behaviour by him in public leading to public humiliation and ultimately
involvement in a murder case ending in his arrest and conviction.
The answer to unprofessional transgressions by the UPSC lies in transforming it to a
highly professional outfit managed by people of unimpeachable character, efficiency
.56
PRAVEEN KUMAR
responsibility. The objective can be achieved by suitable amendment to Articles 316 and 317
to ensure that only right and sensible people become members and chairman of the
organisation and remain in the saddle only till they retain their moral and professional calibre.
This can be made possible by the constitution of a committee comprising the Chief
Justice of the Supreme Court, Chief Commissioner of Central Vigilance Commission and
Speaker of Parliament as members and the Vice-President of India as the Chairman to clear
the names for appointments as members and chairmen of the UPSC for a fixed tenure and
initiate actions for their removal by an appropriate procedure in fit cases. Changes to this
effect in Articles 316 and 317 plug the loopholes in the existing provisions that provide too
much scope for political interferences in the selection of members and chairman of the UPSC.
All India Services as the nerve-centre of the administration has to be made responsible to
an apex body called All India Services apex board. The board should oversee, supervise,
study, control and manage every affair pertaining to the Services at its own collective
wisdom and discretion with powers of rewards, punishment and placements invested with
it. Sensitive posts in the governments and public undertakings have to be identified in
advance for the All India Services and once it is done, placements have to be left to the
wisdom and discretion of the apex board. The governments concerned and public
undertakings as employers must keep the apex body constantly and periodically informed
about the performances of each official placed under it and request changes wherever
necessary with reasons therefore. The final decision on such requests has to be left to the
judgement of the apex board based on its constant research, study, enquiry and assessment.
The best bet for professional resolve and high commitment in such an apex body is having
senior most officers of the All-India Service in fine fettle as members of the apex board under
the seniormost member as the chairman, appointed strictly on seniority. It is these members
with tow-thirds majority who must be empowered to bar a competent senior officer from
becoming a member or remove an existing member of chairman from the board by recording
sufficient reasons for the act.
Under the new scheme one should be committed to service for life unless one offers to
retire on health or personal grounds or forced out by the apex board for valid reasons. Except
in cases of retirement on request before the age of 60 years for nonmedical reasons or
removal by the apex board as a punishment, every officer should be entitled to all the benefits
as in service for life even after retirement. However, once confirmed in the service, one
should be prohibited from taking up any private or other government jobs while in service or
after retirement or even after resignation from the service. These safeguards should be
relaxed only by the apex board.
The country should take cognisance of all the legitimate needs of these officers and
provide them with the best possible living standards. Instead of salaries, these exceptionally
brilliant officers must be allowed to decide and draw emoluments against performances
every month on their own assessment which include liberal perks such as free education for
children in any kind of educational institution, free educational supports, free medial aid of
whatever kind, free club membership and other entertainments, free foreigh tours, free
housing and transportation of whatever kind, help to earn permanent assets, free supplies of
daily needs and other movable properties. Each officer must submit to the apex board a
periodical report of his performances. The board must study each report to judge the officer.
It may warn or take whatever action found necessary.
.57
PRAVEEN KUMAR
The Government is doing nothing to arrest the decline of the All India Services on all
fronts. India is preoccupied with myriad issues of economic and social developments and
perhaps the rapid deterioration of its All India Services does not seem important. But, the
Government should realise that a strong civil service is mandatory for the survival of India
and act fast.
.58
PRAVEEN KUMAR
.59
PRAVEEN KUMAR
self-rule by the self-centred people of the present commercial world, a machinery to show
people their limits and punish devious elements in sine qua non. The police forms the masteraxle that runs this vital engine of the administration. It being the ultimate executors of the
laws, rules and regulations that form the chemistry of a rule of law, whatever be the other
attributes of an administration, its efficiency, quality and success tout a fait depend upon the
merits of the police, the democracy evolves for itself. In the atmosphere of 20th and 21st
centuries unified world, like all other social and administrative apparatus, Indian police too
have most of its external patterns modelled after the police organisations in other countries
rather than evolved ab intra. This is true in pre-independent era as well as in postindependent age. In pre-independent era because, the then rulers namely the British modelled
Indian police on the patterns of their own police back in England. In postindependent age
because, independent Indias new rulers continue with the system left by the British except
for spasmodic retouches here and there in response to time to time compulsions of the
realities in the fields of crime, security and law and order of the country. Though the
retouches made their appearances from the field realities, the ideas and models are algate
modelled on parallel machinery in other countries. It is true about the gestalts and protocols
of Indias own Research and Analysis Wing or Intelligence Bureau or Central Bureau of
Investigation or Paramilitary forces or crack-forces or anti terrorist-squads or organisations to
fight narcotics and other economic offences or normal police station, district and state police
administration. It is not to say that Indian police is tout ensemble alien to Indian situation just
because of its tramontane jacket. Far from it. Indian police in its foreign jacket goes
perforce Indian in its soul with concomitant advantage and disadvantages of Indian spirit,
because Indian police works in Indian situation and ispo facto adapts to Indian needs and
spirit. The utility of Indian police to India depends upon the direction and degree to which
Indian police have taken to this process of adaptation and also how successfully and
efficiently. It is in this perspective, the role of the police in reconstruction of India,
expectations from it, actual chevisance and its import on national life are discussed.
Indias experiments in democracy are sui generis and stand apart from similar
experiments otherwhere by the non a such characteristics of the country, its people, their
aspirations and historical background. Though the process of adaptation to democracy was
not guided by any deliberate plan to be different, Indias very own situations dictated terms to
the shapes to be moulded specific to its values, needs and aspirations. The growth of Indias
police remained faithful to these shapes more suo.
It is a fact that an organised effort is on in Indian police to force its members to fall in
with its line of profile at the cost of individual brilliance and creative height. Indian police
are continuously starved of freshness and creative innovations as the result of shutting itself to
the creative sparks and other precious attributes of its human resources. Such a wastage of
available human resources can occur only in a government setup of a developing country like
India. What surprises is the extent to which the organisation goes to nip in bud excellences to
perpetuate the interests of its old, secure world of unquestioning servilitude down the line.
All loud talks of Indian police leaders on public platforms about the need of infusing
excellence and outstanding qualities to the police organisation are shenanigans meant for the
consumption of the ignorant public. Most leaders of the Indian police at heart desire
continuation of the status quo at the peril of the growth of the organisation so that they and
their interests remain undisturbed with unquestioning and dull-witted subordinates down the
ladder at their personal beck and call. Any indicia of threat to the perceived security? Any
brilliance of new concepts or interpretations about the functioning of the police? Lo, most
heads come together and join hands in scrupleless cabals to undermine the source of
.60
PRAVEEN KUMAR
brilliance. The reason is self-interests. Nothing attract and bind them together so fiercely as
the possibility of new thoughts surfacing in the organisation and somebody down the ladder
leaving a trail of blaze of brilliance that may cloud their organisational superiority.
What ensues is a fight jusqu au bout; it would be a fight sans moral or legal scruples, a
fight without a tinge of mercy or sympathy where all fall as one against the lonely prey till it
is neutralised.
Though courts of law can theoretically protect against such harassments, expenses, time
and uncertainties involved and the history of court judgements being dodged or rendered
ineffective by administrative sleight, render the protection meaningless and force the upright
officer to face all humiliations and losses in silence or yield to the pressures. It is to the credit
of Indian police that it has great officers who withstood all slights without yielding to
pressures.
A distinct case is of a senior police officer and poet of outstanding calibre and excellence
from a southern state of India whose uprightness cost him his career prospects. His
disinclination towards flexible ways made him unpopular among those higher in the
hierarchical ladder. He was though greatly feared and highly respected for his superior and
four-square qualities, most of those senior to him were uneasy at his presence. Repeated
attempts were made to discredit him and sully his reputation by any means. Most senior
police officers took him as a thorn in their flesh and joined hands to tarnish his image. His
creditable works as a poet and reputation as a no-nonsense intellectual sperred their
manoeuvrability to achieve this end. They did what they could. Unfounded abuses and lies
were heaped upon him and recorded in his annual confidential reports year after year. His
appeals against the reports were prevented from reaching government. He was year after year
denied decent postings. Mendacity was spread in words of mouth that he could not manage
responsible posts while actually he was never given a change and tested in holding such a
position. To top it all, he was consistently denied promotion from 1990 for the next ten years
and scores of his mediocre juniors were brought over him in the career ladder sinsyne. To
add salt to the injury, his colleague thus given promotion in 1990 was brought over him as his
senior in 1995 just to humiliate the upright officer. The officer withstood all these insults in
good stead because of his natural superior qualities, proven reputation and the strength of
personality. He refused the advice of sympathetic superiors to approach the court of law
against the repression as there was no guarantee of redressal from the courts even after a timeconsuming legal battle. On the other hand, the accurst police officer addressed the Chief
Secretary of the state government in 1995 and explained the situation with a request to
institute an enquiry against him which if found him culpable of committing any major or
minor wrong at any time in his career or life or if anywhere found inefficient in discharging
his official duties, he could be removed from police service. Even this extreme step failed to
draw any response from the government. When his superiors in unholy alliance found that
none of their customary methods work with him, they almost declared a war of nerves on him
in 1996. He was refused all normal benefits entitled to his rank: his car was withdrawn,
telephones were disconnected, his personal staff was harassed subordinates were encouraged
to disobey and even access to office stationeries was denied. While even these measures were
not proved feracious in bringing the upright officer to heels and instead the honest officer
grew from strength to strength by his distinguished and impregnable strength of personality,
desperate as they were, the senior officers, against all legal and administrative proprieties,
divested him of all his official powers he naturally exercised virtuti officii in an effort to
isolate the upright officer tout ensemble. Such harassments are common when a few officers
.61
PRAVEEN KUMAR
with awakened conscience, honesty, professionalism and probity in public life disturb the
immoral indulgence of the corrupt lot in police and related departments. Most consciences do
breach, most professional competencies crack and most concerns for probity in public life just
disappear under unrelenting pressures from above. Surviving such repressions as above is
only a rarest of the rare exceptions.
It is a tragedy in Indian police that there is no relation between the efficiency and
performance of an official and his standing in the organisation. The police officials are so
indifferent to the performance of their subordinates and their work turnout that they are
absolutely in the dark about the standard of work turned out under their supervision. Another
reason for this sad affair may be that they are unqualified to assess. This situation leads to
random assessment when a senior is statutorily bound to assess and in the process, talent
withers and opportunists overtake high-calibre workers on the hierarchical ladder.
A yardstick to measure an orgnaistion is the degree of success of the organisation in
meeting its raison detre. The responsibilities of the police as an organisation basically is
three fold, in that enforcing the rule of law, assisting the judiciary in dispensation of justice
and functioning as the watchdog of the internal security of the country. The three
responsibilities do widely vary in their scope, functional requirements and appropinquation
that while the police function as law enforcers while discharging law and order
responsibilities, they may sometimes be called to break laws though surreptitiously as the
watchdogs of the internal security of the country. Or while they function only as a factfinding machine to the judiciary, in enforcing the rule of law in their capacity as the
investigating authority, they may be called to enforce laws as enforcers of law and order. In
spite of these wide variations in the nature of the works and responsibilities on their bold
shoulders, one thing that holds all works and responsibilities of the police together is its
importance as the spine of the rule of law. The police is the cutting edge of the
administration. It is the watchdog of the administration. This scope of the police often
renders it to appear like the odd-job boy of the statecraft. They, as ultima ratio, are the real
dispenser of the rule of law as well as the guardian angels of the country. This vital place in
the administration of the country, makes the police not only the arms, legs, eyes, ears and
noses of the administration, but the very tool of the countrys well being and survival. The
police is one of the most important levers required in running the machinery of the statecraft.
It is why the blind rush and impatient race among rulers to control this vital lever.
The reasons lie in the rulers as well as in the police. In the rulers because it is natural for
anyone to take advantage of the tools that make itself available for use and rather
preposterous to expect rulers to shut their eyes while the police willingly offers itself for their
personal behoofs. And rulers of democratic India douse the police for their personal and
party ends to the extent that the first half century after independence has obfuscated the
distinction between the national interests and the personal interests of the rulers as far as the
use of the police of democratic India elected to subordinate its professional and national
responsibilities to the gloria and being the handmaid of the politicians in power. Two factors
helped the process. One was the wrong type of people at the helm of the organisation as
models. Another was the lack of proper understanding of the concepts like obedience and
discipline. These two factors together and seperately brought about slowly but steadily the
degringolade of professionalism in the police of democratic India. The nonprofessional
approach of the self seeking police leadership at the helm to subserve the personal and party
interests of the rulers percolated downwards in the organisation as a model and sadly accepted
as the general rules of conduct by the maffled police down below at all ranks per
.62
PRAVEEN KUMAR
procurationem obedience and discipline. The wrong model led Indian police to forget that
their primary obedience is to the laws of the country and rulers surface to the front only as the
representatives of the laws of the land and ergo secondary to the sacred police
responsibilities. The police in new dispensation forgot the cardinal principle that they are
subordinate to the rulers faute de mieux and their profession dictates them to exercise policing
duties even against those rulers if the laws of the country find them doing wrong. These
serious professional lapses not only weakend Indian police, also damaged political system,
social values and the credibility of Indian democratic process. Ignorance and lack of interest
is part of the Indian public in general and intellectual class in particular in the police system
and its time to time devious shifts added to the malady in the form of giving free hand to the
police to evolve itself sans restraint and sound guidance.
Adaptations to political masters as a bargain to secure key posts prove fatal to the dignity
as well as professional values of the police setup. A police officer of a state in southern India
succeeded in cornering the coveted post of Police Commissioner of the State Headquarters a
few years back by the support of politician known in the then political parlance as the
Father, Mother of the Chief Minister of the state. A few days' afer, the politician in
inebriated state was arrested with his associates while fleeing in a car late night after
involving in a sex scandal involving a budding film star. The police official who affected the
arrest recognised the identity of the person he arrested only after the arrested persons were
brought to a nearby Police Station in the city. The police Commissioner was intimated about
the developments. The Police Commissioner promptly made his appearance in the Police
Station in the night and ensured immediate release of his political godfather. But, the political
heavy weight in temulent state was impacable. He caught the uniform collar of the Police
Commissioner in front of the shocked lowly officials of the Police Station and shouted at the
Police Commissioner in his inebriated voice whether he made him Police Commissioner to
arrest and bring him to the Police Station through his juniors. The Police Commissioners was
seen meekly begging the politician to pardon him. The incident made headlines in
newspapers. The Police Commissioner later rose to become the Police Chief of the state and
retired now. Such incidents abound in circumstances of Police Officers vying for coveted
posts a tout prix and as a consequence, the dignity of the posts lowers and the professional
qualities of the organisation suffer.
Present India do have an adequately large and sturdy framework for the police apparatus
in terms of organisational strength and budgetary provisions to sustain it. Only the canvas
held by the framework is flabby and limicolous. This predicament per se speaks aplenty about
the very cause of it. For one, the fact that an adequately large and sturdy framework or
organisational strength and liberal budgetary provisions available for the police setup is clear
caract of the willing political patronage to the apparatus; it sine dubio proves that the rulers
recognised the import of the police in running the administration. However, the flabby and
limicolous canvas ab intra speaks of the nonprofessionalism under the sound political
patronage. This adds up to the close links between politics and the police for nonprofessional
purposes, possibly with criminal intent as nonprofessional police approach mostly suggests
criminal angle in view of the professional police concerns mostly being focussed on crime
control and crime prevention. Unfortunately, India has passed a long way in this undesirable
links to the lengths of being cannot easily retract its path to cleanse the augean stables of the
police organisation now.
.63
PRAVEEN KUMAR
.64
PRAVEEN KUMAR
machinery that apportions in some cases a crore of rupees a year to middle-ranking official
as the illgotten money. The mise en scene is complete with the swarms of police officials of
all ranks au reste warring inter se with wads of high denomination notes to corner posts
potential of generating unlimited illegitimate wealth. Added to this is those apparatchik at
the top making transfers and postings a thriving business. What can be expected from a law
and order machinery run with such a symbion, but gross abuse and distortion of the rule of
law? That is why police is often called the legalised mafia.
Karnataka had a Superintendent of Police in northern district in 1980 who openly
encouraged those down the line to take bribes and shared the booty. He used to insist that
they were free to allow illegal activities like gambling dens, prostitution, illicit distillation etc.
in their respective areas, provided the criminals remain under their control and run the
activities pro rata to what they proffer to the police. A maffled logic indeed. Naturally, he
was very popular among the corrupt , subordinates. He left the district in 1981 and thereafter
luckily went on central deputation, never to return to the state sinsyne.
Corruption has disparate facets. And each has its distorted justification. There is a case
of a Police Commissioner whose misuse of the police machinery in the marriage of his
daughter in 1998 became a stormy issue in the public eyes after press made it big. The press
claimed that the subordinate police officers were forced to man the doors of the marriage hall
and escort VIPs visiting the place. And police wireless and departmental transport facilities
were recklessly made use of in the marriage and its preparations. Soon the issue was hijacked
by the subordinate police officers of the city who gave press statements that police officials
were allotted duties in the marriage a la police duties in a security operation and expressed
fears that those who failed to budge would be victimised and likely to be removed from their
coveted posts in the city police. The Police Commissioner openly defended his action in the
interview to a private TV channel saying that every father puts his heart to celebrate his
daughter's marriage a grands frais as his parting gift and he was not an exception.
CONSCIENTIOUS POLICING
Conscientious policing is raised on the bedrock of committed and non-corruptible
policing. Serious and committed policing is conditio sine qua non for professional policing
and professional policing presupposes duties and responsibilities taking precedence over
personal comforts and safety. Being conscientious brings depth and width to the profession
and raises policing to nobler heights. Corruption in whatever form is the antithesis of this. It
pulls down the police from its elevated position as the national asset and insurance against the
atrophy of national values, security and well-eing of the hoi polloi.
A case of dowry death reported against a retired high court judge and his family in
February 1992 was referred to the state investigation agency for investigation. The
investigation made out a case for chargesheet against the retired judge and five other persons
including his wife, son, two daughters and another person The chief of the investigating
agency in the rank of IGP being egregiously corrupt and close to the retired judge, dragged
his feet from further proceedings in the case. The Superintendent of Police who was
supervising the investigation of the case wanted to take the investagation to its logical end.
But, arrests in the case were prevented and chargesheet was unduly delayed from above. The
insistence of the Superintendent of Police, to chargesheet the case as the logical step of the
investigation process cost him his post and he was transferred in July 1992 to the State Home
Guards as the head of its training wing. The case remained frozen sans chargesheet for more
.65
PRAVEEN KUMAR
than 1 years sinsyne till the IGP was transferred out of the organisation in 1993. The case
was later chargesheeted in March 1994 with the retired judge and his two daughters dropped
from the chargesheet on the basis of the evidences tampered at later stages. The dropped
names were later included in the chargesheet on the orders of the judge trying the case. The
IGP who tried to stall the wheel of the legal process subsequently succeeded in gaining entry
to a sensitive police organisation like the CBI and held the job till 1997.
PROFESSIONAL OBJECTIVITY
A police organisation open to public pressures can do no policing worth the name. They
very idea of being receptive to pressures and interferences is sysptomatic of lack of will for
objectivity and justice. Criminal elements take advantage of such opportunities to drive the
police and the policing on the wrong rails. Pressures often render the police to commit crimes
under the veil of authority either by protecting criminals or more dangerously, by replacing
them with innocent people as criminals. The possibility of being open to the pressures of the
rich and powerful deprives the police of its credibility. A police force that works at the behest
of the rich and powerful safeguards the interests of the rich and powerful only. It would thus
be factious and a villain to the hoi polloi. Does democratic India need such a police force to
perpetuate the tyranny of the poor and helpless by the rich and powerful? Democratic India
tolerated such a police in the last five decades. India and its people must now abraid to the
situation and spawn a police that behooves to the trust laid on it.
The aberration of professional objectivity is the Achille's heel of the police of independent
India. The problem was simple in British India where ruler and ruled were distinctly
bifurcated and ipso facto the loyalty of the police was perspicaciously defined unlike that of
the Indian republic of the democratic genre where people rule themselves through elected
representatives. Here the loyalty of police to the public and public law is the professional
ethic: misplaced loyalty to an individual, a family, a party or an ideology at the cost of the
general public is an apostasy from the inviolable professionalism of the police. The police in
a democracy is the guardian of public interests and public safety unlike in the raj where the
police protected the interests of the raj. This distinction is forgotten in independent India
where mental fetters are yet to be broken and legacies of the British rule continue inveterated.
How can a police that stays loyal to personal, familial or party interests ever discharge its
functions objectively to law and general public? What can its locus standi be when a different
person or party comes to power? A sequacious police is an asset to any individual or party
and no sensible individual or party distances it in the name of the professional ethics. It is the
paravant duty of the police not to breach the edifice of the police organisation and its spirit by
misprising its professional standards. This infrangible obligation is thrown to the winds in
the maelstrom of career advancements by the self-seeking gendarmerie of the Indian republic.
In the perverted situation of India where the loyalty of the police to those in power rather
than to professional ideals is a reality, none can vouch that police responsibilities would be
carried out strictly on merit of each case. Factional loyalties have the singular potentiality of
blasting fairness and impartiality. It renders professional loyalty meaningless. A mature and
sober political leadership can make up for the Achilles' heel of the fractured loyalties of the
police organisation. Indian police needs a sober organisation above to bring it on rails of
carrying out its responsibilities. The neoteric judical activism, as far as periodical review of
the progress of investigation of some cases of national importance is concerned, is a welcome
step, though in normal circumstances, such a judicial review would have amounted to
gratuitous interference with the independent functioning of the investigating authority.
.66
PRAVEEN KUMAR
CHANGING VALUES
Corruption of Indian police quite possibly is consectaneous of the degringolade of values
in Indian life of the post-independent era. Indian police cannot stay sequestered from
developments around while there are marked falls in standards of diligence and integrity in
other walks of life. It adopted and adapted to the corrupt surroundings and the result is extant
corrupt police, India finds itself with.
The basic lures of corruption in Indian context are money and power. As government
service even at higher rungs lost charm in terms of monetary comforts and prestige and
power, it attracted only the second bests or the lesser from the crme de la crme of the
country's youth, who in turn were left in lurches in the service to mend themselves. This
started a mad rush to the res gestae of pelf and power at the cost of professional dignity and
integrity. The situation led to corruption and brought shifts in the concepts of diligence and
professional loyalty and rearranged the service objectives with priority to filling the coffers of
money and power. Organisational objectives were completely lost sight of. Shifts in
diligence helped to build money-power while shifts in loyalties moulded proximity to powerbrokers in efforts to maximise individual behoofs after throwing professional ideals to dogs.
The degeneration spread in leaps and buonds with the passage of time as the organisational
commitments became demode and pragmatism taught that immediate personal interests are
the center of leading a good life. This was the beginning of corruption of Indian police in a
big way.
A major factor responsible for the corruption of Indian police is the gross fall of its
professional pride since independence. Crass and insensitive handling of the police and
police matters by political leaders frustrated the high morale and sense of belonging of the
police force. Attempts to suppress and gain complete hold over the police in democratic
India affected the force adversely and injected a sense of inadequacy in the force. Once the
centripetal force that bound the force together was squandered, centrifugal forces took over
and dissipating attitudes behaviors and influences ruled the roost to bring the Indian police to
the present triste state.
Motivation to achieve organisational goals and show results being weakened is the
inevitable manifestation of the fall of professional pride. The police which once prided in
enforcing law, maintaining order and ensuring peace and security of the hoi polloi, lost all its
enthusiasm for these ends as they became factors of politicking and lost importance
independent of political relevance as crimes, criminals and law and order and their handling
by the police became accrescently tools of political convenience. The development shattered
the professional pride of the police and struck a blow to their motivation towards the
organisational ends. No organisation can exist sans a driving force to sustain it. The result is
a vacuum of a drive to carry the police onward. The vacuum is filled by corruption. Indian
police find in corruption a way to sustain itself in absence of any organisational objectives to
drive it onward.
Myopic and maffled approaches of the police often lead to untold miseries and blatant
violation of basic rights of simple individuals. A daughter of an influential man in 1986
eloped with a man against the wishes of her parents and was hiding in the neighbouring state
of Karnataka. The couple were in their twenties and decently employed. The chief of
intelligence of Karnataka was sought assistance to trace the couple and ensure that the
.67
PRAVEEN KUMAR
daughter rejoins her parents. The intelligence machinery started to work in festinated zeal
and the couple were traced in Bangalore and were separated. The man was held in illegal
confinement and exposed to umpteen threats while arrangements were made to call the
influential man to rejoin his daughter. The man in confinement was set free only after the
influential man reached back his home with his daughter. The action of the police in this case
perspicaciously is against the law of the land and violated the basic rights of a young couple.
STRUCTUAL CHANGES:
The first and foremost job to do to bring back the police on rails is to extricate the police
from the unhealthy influence of all hues by making it responsible to an independent
Authority with absolute powers to take decisions on matters of policing and police
organisation. The Authority should be a professional body of men and women of proven
probity and competence, who reached a stage from where they need not sacrifice their
convictions to appease those in power as members. A working arrangement is to be devised
by which the Authority becomes responsible directly to the legislature and functions
independently a la the judiciary, the Central Vigilance Commission, the Comptroller and
Auditor General or the Chief Election Commissioner.
Creation of a Core Group of people adept in assessing men and character within the
aforesaid Police Authority helps to create a feeling of confidence and job security in police
and prod to discharge duties fearlessly. This Group that oversees the work of police
personnel from a distance should be ultimately responsible for all career decisions in the
police force. The responsibility of senior officers in assessing the work of the subordinates
that forms the major embarrassment of the present Indian police dispensation must be limited
to giving opinion about the performance of their subordinates to the Core Group; the expert
Core Group must process the opinion by its own research, expertise and discretion and take
responsible decision on its own research, expertise and discretion and take responsible
decision on its own. The Group must be made responsible for all development plans of the
police, work assessment, job analyses, recruitment and management of human resources etc.
Institution of such a Core Group to oversee the career development of police personnel
without personal bias may bring revolutionary changes in police by committing it to its workethics and professional ends with single mindedness.
Police is not an odd -job boy of the government. It is not the hand-maid of politicians in
or out of power. Police is an organisaion of professionals committed to the safety, security
and well-being of the country. Justice and rule of law are the litmus tests available to achieve
the ends. Once police miss the bus of justice and the rule of law, their goals of safety,
security and well-being of the public remain a distant dream. They lose the credibility and
respect of the public, so essential for effective and proficient policing. The fear that the
police inspire can not take it far in the absence of credibility, respect and sympathy of the
public. Once the police lose their usefulness in political and power gameplans consequent to
losing public credibility, their political patrons will discard them like used condoms. The best
bet for the police is to be professional and committed to their responsibilities towards the
administration of justice. Police would forget this need only at their own peril. Doing
anything violative of its raison d'etre like sabotaging the course of justice and the rule of law
in the cauldron of corruption will prove fatal to the relevance of the police to the society.
.68
PRAVEEN KUMAR
.69
PRAVEEN KUMAR
and subordination which form the basic connecting link of the police hierarchy, lost all their
shades of meaning and are interpreted as dunny and blind subservience to those who have
power, seeking personal interests. And politicians easily led the police to the despicable cul
de sac of the nexus with criminals, the very people whom both are supposed to control and
bring to book for antisocial activities. With politicians as the custodians of power en arrier to
the hilt to support, the police plunged lock, stock and barrel into the lucrative crime world; the
consectaneous wealth and comforts were in no way less sweet than the hard earned money of
lawabiding society. This is how the nexus between the police and crime world was
established.
CRIMINALISATION OF POLITICS
Whom should we blame for this hapless position? Certainly not the politicians or their
auxiliaries like criminals and police who are unfortunate by-products of the grind. They are
created by the situation arising from a system which is misfit to the people to whom it was
devised. The blame lies either on the Indian people who are impair to the democratic system
evolved for them, because of their unenlightened and venal consciences which is so dimwitted that virtues like honesty, service, patriotism, quality and excellence can make no dent
on is at all, or it lies with the political system devised for them which failed to take their
psychological makeup into account and ipso facto led to the problem of maladjustment in
national life. Otherwise, how can we explain criminals and goondas winning elections with
impunity even while rioting and murders were committed at their behest on the eve of
elections itself. The fact is that the chance of winning an election often is pro rata to the aura
of a tough image built around the candidate. It is these people whom the Indian electorate
prefer to invest with powers to safeguard their interests. Obviously, the Indian electorate
lacks of foresight and vision to understand the consequences of its irresponsible decision. It
is yet too immature to take decisions about the interests of the nation and see how national
interests are closely linked to its personal interests. It is yet to broaden its perspective to
include the life of the nation as an integral part of its own. Long term and rational decisions
are alien to its nature. Immediate selfish interests and a parochial outlook continue to be the
driving force of all its actions and decisions, whether it be on the matters of national
importance or personal concern. In most parts of India, it is money, arrack, sari, threat, fear
of landlords or the blazoning propaganda of a candidate that influence it to decide as to whom
to vote for. How can the avenir of this country be safe in the hands of such an electorate and
its elected leaders? How can an indifferent and irresponsible electorate provide honest and
efficient leadership to the nation? This weakness of the electorate has ultimately left Indian
politics in the heath of violence and manipulative extortions, with the instruments meant to
protect them mowing the field. Saner elements in politics, who found survival difficile, have
left the field, giving way to the elements which are more suited to what is required in the
field. It is how politics has become a pit of junk from a class of dedicated and virtuous
leaders. The credibility which is the pith of any political life is the biggest casualty political
institutions and the percentage of the electorate that takes the trouble of going to polling
booths to cast votes is steadily decreasing from election to election, It is an open secret that an
election is an opening for a candidate to invest money to reap wealth, comfort and power for
the next five years. And how he reaps the wealth, comfort and power again is not a mystery
at all. It is corruption and misuse of public money. If he is ambitious and intends to promote
his career interests, there is no way out in the existing system but to resort to pulling strings
and pursuing other more deadly methods, often with the active collusion of the officious
criminals and police.
.70
PRAVEEN KUMAR
POLITICAL PATRONAGE
The unhealthy nexus often leads to and facilitates other forms of crime. Cases of rioting
assault, kidnap, rap and blackmail, involving the supporters or relatives of politicians,
criminals and police in furtherance of a political cabal are other usual forms of crime that
result from the vicious nexus. Often, criminals and police are employed to create
disturbances or inspire sensational crimes in furtherance of political goals. The losses of life
and property involved in the wily schemes seld touch the conscience of either the politicians,
the criminals or the police who are responsible for these dastardly acts. The political
patronage and the nexus with police desensitize criminals to the process of law and justice;
they are thus emboldened to commit more daring and ruthless crimes that endanger the life
and property of the plebeians. The police, in its links with politicians on one hand and with
criminals on the other, is in its new avatar as the protector of vested interests with no more
commitment and passion for law and justice. It has become a discredited force, a willing
instrument of power-brokers in a ruthless and violent cabal of power-games with no heart for
the common man and the common cause. This is the requital, the Indian electorate gets for
letting its political system putrefy by its nonchalance and irresponsibility.
CHANGED ROLE
With the increscent involution of the police with glidder politicians, the conception of the
police about its own role has undergone a large-scale change. No more does it look at crime
control and maintenance of order as its first duty. With this, the concern for crime control
received a setback and crime control and investigation have receded to the last priority
except when politicians are interested in them for a specific purpose. Only crimes that disturb
politicians foment police to galvanic and meaningful action. Other crimes receive no priority
. The very definition of the gravity of crime is adapted to suit the new concept. Those crimes
which are tolerated by politicians are no more crimes. The self-image of the police as a
fearless arbiter of crime is changed to a solicious servant in attendance at the pleasure of a
politician-master. This blunting of the crime card of the police has made it less awe-inspiring
and less deserving of respect from the criminals. The police has more and more realised that
criminals, particularly those from organised syndicates are personal friends of its political
masters and it is no match for the criminals in terms of wealth, influence and social standing.
The men of the police see those criminals on equal footing with their political masters and
learn to treat them with awe. They find it absurd to act with authority against the
immarcescible criminals who are too high for the small stature of the police. It is unfortunate
that the police of the present days has never realised its infinit stature as a law-enforcing agent
vis a vis all others including criminals and politicians whom it is empowered to search, arrest
and take to court if they deviate from their rightful path. Sadly, the trifling wealth and the
concomitant big-man image of others appear to the present police as more appealing than
its own awful police authority.
POLITICISATION OF POLICE
The extant system of selecting the police chief is erratic at best and motivatedly amoral
that meets the political ends of the rulers at worst.
A police chief in a state was taken to court with his wife after retirement in 1990
February for defrauding the public and a spastic society by sale of charity tickets in name of
.71
PRAVEEN KUMAR
the spastic society and pocketing huge amount of money. This is the standard of people who
are chosen by politicians to lead post independent Indian police.
A POLITICAL INSTRUMENT:
In an atmosphere where placements and transfers are decided by the needs and wishes of
self-seeking politicians, no police can efficiently function nor can it be free from the vice
prise of the politicians. It is not surprising that power-esurient politicians more and more
grab powers that are legally and traditionally invested with the police department when the
top brass lack the strength of character and conviction. This leads to a position wherein the
police department becomes a chessboard on which politicians move their pieces to checkmate
their adversaries and win the political game in their favour. In other words, the police sans
effective leadership is becoming more a handmaid of politicians by moving away from its
sacred role as the guardian of law and justice and protector of the society and the common
man. The credit of bringing the police from its height of power to the present level of
absolute submission should go to the superior strength of personality of wily politicians who
bent the police on their own terms with selective use of stick and carrot. This police is not the
police and what it does is not policing in the proud sense of the term.
CRIMINAL TENDENCIES
A Deputy Inspector General of Police infamous for his epinosic and corrupt activities in
1982 while holding charge of Eastern Range in Davangere in Karnataka desired a young
Deputy Superintendent of Police, under him marry a girl from the family of a rich arrack
contractor of his range. The parents of the young officer fearing undue pressure got their son
married in desperation to a girl of their choice. This antagonised the Deputy Inspector
General. His next annual confidential report of young officer showed the junior as a liability
to the police department and misfit as a subdivisional police officer. He also prevailed year
after year upon other officers who wrote confidential reports of the young officer to incorpse
similar or more deadly remarks. Most of them obliged and this bright junior officer ended up
with a series of unsubstantiated adverse remarks repeated time and again in his annual
confidential reports. All his appeals were never allowed to reach the government. It is to the
credit of the young officer that he remained unbroken and continues in police service while
his far less competent colleagues have superated him on the career ladder and the young
officer was successively denied important postings though there was not a single thing in his
career to justify such a treatment. Undeterred by the unjust scorn heaped of him by refusing
promotion in preference to his less qualified and less competent juniors, he later addressed the
chief secretary of the state government not to consider him any more for the promotion. He
took this unprecedented autophagous decision in utter contempt of the corrupt and immoral
departmental heads and government functionaries who crushed his career prospects.
There is a case of a Director General of Police in charge of Crimes and Special Units in
1987 in a Southern State in India who as head of the Food and Civil Supplies Enforcement
cell of the state under a Director was accustomed to getting free supply of quality rice, sugar,
pulses and other commodities from traders to his house through the latter organisation. The
new Director of the organisation in 1987 in the rank of Superintendent of Police failed the
Director General of Police by his principled stand in this regard. This enraged the latter to the
extent of hounding the young Superintendent of Police and seeking opportunity to publicly
humiliate him. He followed the young officer wherever the latter went for raid hoping that he
would get some opportunity to fix the latter. When all the efforts failed, the Director
.72
PRAVEEN KUMAR
General of Police decided as the dernier ressort to play a drama of searching the
Superintendent of Police in public before invited press and public in an induced case of
trapping on suspicion while the latter was returning from raids in northern parts of the state,
depending his calculations entirely on the humiliation engendered by the publicity of such
suspicions and searches by a very senior officer coram populo. However, the cabal of the
senior officer came to nought and the Superintendent of Police, was saved from the gratuitous
humiliation in public while inscience of the welcome set for him on the way by his senior.
The Superintendent of Police reached back state headquarters through another route that
night. It is of interest to note that the Director General of Police who stopped so law in his
police career was posted as an advisor to the Governor of North-East state during Presidents
rule after a few years, postliminary to his retirement from police service. This is the calibre
and integrity of extant Indian Police Service. This is the reason why Indian society prefer
tolerating social maladies to approaching police manned by such people, devoid of any
decency, objectivity and fairplay, both in private and public life.
As corruption takes control and spreads to all strata of the force, upright elements in the
force become a minority and also forfeit coveted positions in the organisation as inconvenient
candidates. They are scorned as removed from ground realities and detested and avoided as
moles in the mainstream. Their honest and professional approach becomes a disaster and
unpopular everywhere. Their courage in face of odds loses character amidst popular sound ad
fury of the misinformed. Vested interests inside and outside the police let loose false
propaganda and spread distorted versions of events against such officers and suborn character
assassination to keep own reputations on right sides. The Situation becomes really
distressing when superior officers partake in the game on the side of vested interested for
consideration and join hands in an unholy alliance to bend and silence the upright among
them. Taking recourse to unfair and illegal means to crush upright officers is also not
uncommon. Though courts of law can theoretically protect against such harassments,
expenses, time and uncertainties involved and the history of court judgements being dodged
or rendered ineffective by administrative sleight, render the protection meaningless and force
the upright officer to face all humiliations and losses in silence or yield to the pressures. It is
to the credit of Indian police that it has great officers who withstood all slights without
yielding to pressures.
It is an irony that the political leadership which supposed to take the lead of reconstructing
India is colluding for mutual selfish ends with the police which is supposed to be the tool of
the reconstruction and thereby strike at the foundation of the strength and orderliness of the
country. Every passing year sees a new phase and a new trend in this nasty connection
between the important players of the national reconstruction to take the country by some
miracle at the last moment. As the people become more and more attuned to the nefarious
nexus and resign to the assuefaction, the players become more and more bold with the passing
years and go with their nasty collusion at the cost of the nations interest with impunity for
mutual relief and benefits by subornation.
.73
PRAVEEN KUMAR
.74
PRAVEEN KUMAR
shocks of political follies and helps the political leadership in taking sound and intelligent
decisions.
The well-being of the repressed classes of the India depends upon the survival of India as
a single nation and therefore on the quality and soundness of the civil service. Measures
like job reservation are bound to be counter-productive by weakening the civil service
structure. Quality and excellence are inseparable from pride. Any allowance to mediocrity
leads to flight of quality and excellence till mediocrity completely takes over. This is what is
feared about the present India civil service thanks to the reservation policy.
The apprehension that the steel frame of pre-independent India has crumbled into a
mediocre set-up because of wrong policies of selection and recruitment needs serious
attention. Several opinion polls point to the diminishing attraction of the civil service for the
Indian youth who prefer jobs in foreign and private industrial houses and banks. This trend
deserves to be noted by those who are interested in the survival of India as a nation and a
democracy, The interest of the country lies in marshalling the best talents of the country to
run its administrative services.
.75
PRAVEEN KUMAR
.76
PRAVEEN KUMAR
The Act provides for the appointment of the head of the CBI by the Centre. Considering
the importance of the CBI, it is natural to wonder whether the choice ought to be dictated by
the politicians in power. The question is of immediate significance because of degraded
political and public morality, and fragile coalition governments. The appointment of the CBI
chief has to be a professional, not political decision. This power must be taken away from
the Central Government, to bring all on par, deprive the party in power of an unfair
advantage and give the CBI some credibility.
There is no alternative to trust, even in the current atmosphere of degraded values in
building an institution. Fides punica leads nowhere. So also in the appointment of the CBI
chief. The solution lies with the judiciary, whose members are assumed to be nonpartisan.
The CBI should be subjected to the supervision of a statutory panel constituted of men of
the law, acting as advisors to the agency. The panel has to be invested with powers to appoint
and remove CBI chiefs, on the basis of performance, at its collective discretion. It should
advise the CBI on whether a case merits investigation and decide on arrests, searches,
seizures, bail and chargesheets. Its advice has to be statutorily binding. The panel has to be
free to monitor the process and pace of investigation and must constitute a statutory part of
the CBI at the highest layer.
The panel may consist of a dozen senior retired judges of the Supreme Court as
permanent members, with one among them chosen as chairman on the basis of seniority, and
the CBI chief as member-secretary. The membership of the panel must come to the senior
most retired judges, including retired chief justices, as a matter of right, unless an eligible
candidate opts out in writing or is incapacitated by age or illness, ratified by a two-thirds
majority in the panel. By the same majority, the panel, may force out one of its extant
members in the interests of justice. The panel may monitor and take decisions on cases as a
full panel or constitute sub-panels with the CBI chief as member-secretary for each.
However, only a full panel with a minimum 80 per cent quorum can decide by simple
majority on the appointment and removal of CBI chiefs and decide on deputations,
promotions and transfers of officers of and above the rank of Assistant Director, and assess
their work.
The panels functions, privileges, rights, liabilities and responsibilities have to be clearly
defined to statute to avoid clashes with the main body of the CBI. An amendment is the first
step, followed by the constitution of the panel. And the third and most crucial step will be
administrative measures to ensure
that the panel discharges its responsibilities with
commitment. Due recognition and an atmosphere free of bureaucratic pressures will help
the members discharge their responsibilities properly. Life membership, barring
contingencies, will help them to be true to their conscience.
The CBI is the spine of the criminal justice system, and a shattered spine leads to umpteen
complications. The derailment of the CBI is reflected in public life, in political uncertainty.
It is an irony that the situation created by a weakling CBI led to circumstances wherein it is
in a position to dictate terms up political parties. The CBI is metamorphosing into a
Frankensteins monster. This is not in the interests of the CBI, the country or its criminal
justice system. The sooner out leaders realise the gravity of the situation and infuse new life
in the CBI by amending the Act, the better.
.77
PRAVEEN KUMAR
.78
PRAVEEN KUMAR
an atmosphere of peace. The murders, extortions and rapes which the terrorists indulged in
rubbed off the sheen of martyrdom from their names.
There are reports of a working relationship of late among the militants and their
Pakistani masters. Sukhdev Sing Babbar confessed during interrogation in 1992 to the toal
disillusion of Sikh militants about Pakistani intentions. The Inter-Services intelligence of
Pakistanmet its cul de sac in recruiting Sikhs after antiinsurgency operations were
strengthened in 1992. Most of the top terrorist leaders fled Punjab in fear. Prominent
leaders like Pritam Singh Sekhon of the Khalistan Liberation Force, Wadhawa Singh of the
Babbar Khalsa International and Wassam Singh Zafarwal of the Khalistan Commando Force
are still hiding in Pakistan. Some other leaders operate from the USA, the UK or Canada.
Pakistans efforts to persuade Khalistani leaders hiding there to resucitate terrorism in
India failed badly. The ISI deputed Parmjit Singh Panjwar of the Khalistan Commando
Force to Punjab in 1994, to recruit youths from Ludhiana and surrounding areas. The KCF
leader made no headway in his efforts. In a desperate bid, the ISI mobilised about 1,500 Sikh
immigrants from Europe and trained them, but the immigrants lacked the enthusiasm to carry
out tasks in India at the behest of the ISI.
This lull in terrorism cannot be presumed to be the end of terrorism, which is the
handiwork of a few activists who form a farthing part of the local population. It is wrong to
presume that these activities represent the aspirations and fervour of the common people
around them. This silent majority becomes a hostage under inevitable pressures. Once, the
people of Punjab found that they were not under terrorist pressures, they collected courage to
express their disinclination towards terrorism. It is a blunder to interpret this disinclination as
signs of terrorism being uprooted from Punjab.
To trained eyes, signs of terrorism lurking in shadows were already there. There were no
signs of Pakistan beating the retreat. Rather, there was every indication of Pakistan going
radical in rousing Sikh passions. Virulent attacks of Pakistans government controlled
electronic media on the Indian governments alleged repression of minorities and popular
movements, human rights violations and its efforts to rouse Sikh sensibilities by its
programmes on Sikh traditions and culture give evidence of Pakistans dishonest intentions.
The continued terrorism after restoration f popular government in 1992, though in
reduced frequency, should have lead
those in charge of anti-insurgency operations to
conclude that terrorism was alive and may come out of its shell.
Failures on the fronts of analysis, research and use of intelligence also contributed to the
complacency over Punjab. Indian security agencies did intercept Sikh militants crossing the
Indo-Pak border in 1994, and seized from them a document called Policy paper of Punjab
militants, wherein plans to resuscitate terrorism were laid down in detail.
Intelligence agencies had information about plants to use human bombs to eliminate those
involved in the 1984 anti-Sikh riots and leaders like Beant Singh and Bhajan Lal.
Sikh militants crossing over to India were arrested and subjected to interrogation.
Through this process, intelligence agencies should have possessed vital information about
the future of militancy. It is a dismal commentary on anti-insurgency operations that Indian
security forces could derive no benefit from it.
.79
PRAVEEN KUMAR
Beant singh being perceived as extremely valuable to terrorist strikes, was provided the
highest grade of security cover available-Z plus. His security arrangements were next only
to that of the Prime Minister.
It is a shocking commentary on the security system that chauffeurs of such heavily
protected personages as Beant Singh used to drive his official cars to their houses for lunch.
His security chief was transferred out sans measures in advance to expose the incumbent
chief to existing security compulsions.
The new chief took charge of the post just the previous evening of the assassination, after
the post being vacant for a period, as the officer originally transferred to the post was
reluctant to hold charge and went on leave.
These developments do not speak highly about administration in a security apparatus.
The very fact that the human bomb, a rank outsider in a police constables uniform, could
reach Beant Singh, speaks volumes about what really our A plus security cover is.
Once terrorists strike, the police do make appreciable head-way in investigating and
detecting the case. Indian police always do it; they did it in the Rajiv Gandhi assassination
case, the Indira Gandhi assassination case and the Mahatma Gandhi assassination case.
However, good investigations cannot compensate the provision of adequate protection.
.80
PRAVEEN KUMAR
.81
PRAVEEN KUMAR
Nothing is valued higher than this largesse and its dispensers by the new police of India.
It is how the police were involuted in the conspiracy against decent public life of India.
It was a hop and skip for the police from the ugly world of politics to the mysterious
world of crime and the underworld. The police have become a weapon of politicians to bring
about the subjugation of the crime world to use its resources for political ends.
FALL OF CHARACTER
Politicians, thus, made good use of the decreasing strength of character of the police in
forging a nexus between the police and criminals in the furtherance of their own ends.
With a weak spine and no principles in the face of odds, the police are only too pleased to
follow in the footsteps of their political masters.
In these changed circumstances, discipline and subordination, which form the basic
connecting link of the police hierarchy, have lost all meaning, and are interpreted as blind
subservience to those who have power to serve personal interests.
And politicians easily led the police to the despicable cul-de-sac of the nexus with
criminals-the very people who are supposed to be controlled and brought to book for
antisocial activities.
With politicians as the custodians of power en arriere to support, the police plunged lock,
stock and barrel into the lucrative crime world; the resulting wealth and comforts were in no
way less sweet than the hard earned money of law-abiding society.
This is how one nexus between the police and crime world was established.
Whom should we blame for this hapless position? Certainly not the politicians or their
auxiliaries like criminals and police who are the unfortunate by-products of the grind. They
are created by the situation arising from a system which misfits the people for whom it was
devised.
The blame lies either on the Indian people who are unresponsive to the democratic
system evolved for them. Because of their unenlightened and venal conscience, which is so
insensitive that virtues like honesty, service, patriotism, quality and excellence can make no
dent in it at all; or it lies with the political system devised for them. It failed to take their
psychological make-up into account, and ispo facto led to the problem of maladjustment in
national life.
Otherwise, how can we explain criminals and goondas winning elections with impunity,
even while rioting and murders were committed at their behest on the eve of elections itself?
The fact is that the chance of winning an election often is pro rata to the aura of a tough image
built around the candidate.
IMMATURE ELECTORATE
It is these people who win elections and rule this country. It is these people whom the
Indian electorate prefers to vest with powers to safeguard their interests!
.82
PRAVEEN KUMAR
Obviously, the Indian electorate lacks the far sightedness and vision to understand the
consequences of its irresponsible decision.
It is yet too immature to take decisions about the interests of the nation and see how
national interests are closely linked to its personal interests. It is yet to broaden its
perspective to include the life of the nation as an integral part of its own.
Long term and rational decisions are alien to its nature. Immediate selfish interests and
parochial outlook continue to be the driving force of all its actions and decisions- on the
matters of national importance or personal concern.
In most parts of India, it is money, arrack, sari, threat, fear of landlords or the blazening
propaganda of a candidate that influence its decision as to whom to vote for.
How can the future of this country be safe in the hands of such an electorate and its
elected leaders?
How can an indifferent and irresponsible electorate provide honest and efficient
leadership to the nation?
This weakness of the electorate has ultimately left Indian politics in the hearth of violence
and manipulative extortions, with the instruments meant to protect them mowing the field.
Saner elements in politics, who found survival difficult, have left the field, giving way to
elements which are more suited to the field.
It is how politics, from a class of dedicated and virtuous leaders, has become a pit of
junk. The credibility, which is the pith of any political life, is the biggest casualty in Indian
politics.
People are more and more disillusioned with the extant political institutions. The
percentage of the electorate that takes the trouble of going to polling booths so cast votes is
steadily decreasing from election to election.
It is an open secret that an election is an opening for a candidate to invest money to reap
wealth, comfort and power for the next 5 years. And how he reaps the wealth, comfort and
power is again not a mystery at all. It is corruption and misuse of public money.
If he is ambitious and intends to promote his career interests, there is no way out in the
existing system but to resort to pulling strings and pursuing other more deadly methods. Often
with the active collusion of the officious criminals and police.
The unhealthy nexus often leads to and facilitates other forms of crime. Cases of rioting,
assault, kidnapping, rape and blackmail, involving the supporters or relatives of politicians,
criminals and police in futherance of a political cabal are other usual forms of crime
that
result from the vicious nexus.
Often, criminals and police are employed to create disturbance or inspire sensational
crimes in furtherance of political goals. The losses of life and property involved in the wily
.83
PRAVEEN KUMAR
schemes seldom touch the conscience of either the politicians, the criminals or the police
who are responsible for these dastardly acts.
The political patronage and the nexus with police desensitise criminals to the process of
law and justice. They are emboldened to commit more daring and ruthless crimes that
endanger the life and property of the plebeians.
The police, in their links with politicians on the one hand and with criminals on the other,
are in their new avatar-the protectors of vested interests with no more commitment and
passion for law and justice.
They have become a discredited force, a willing instrument of power brokers in the
ruthless and violent cabal of power-games with no heart for the common man and common
cause.
This is the requital the Indian electorate gets for letting by its nonchalance and
irresponsibility-the political system putrefy.
POLITICISATION OF CRIME
What we see today is just the tip of the iceberg. There are more things hidden in the latter
than are seen.
This is soon realised by the opportunist Indian politicians who seize the first available
instance to enlist the support of criminals and underground operators for their nefarious
designs.
This, in turn, is a godsent opportunity for criminals to restore their lost credibility and
social standing with the help of their association with the custodians of power, apart from
the security and protection from the police that ensure from the association.
They promptly grab the opportunity to their advantage and show how useful they can be
to politicians in their career-promotion designs and in the wreaking of personal vendettas.
The experience and professionalism of criminals come in handy to politicians to execute
their nasty operations without attracting the stigma attached to them.
The vast army of criminals has become ready resource for them to use whenever need
arises. This has given a sense of confidence and security to politicians, who are otherwise
vulnerable in their highly uncertain, challenging and competitive environment.
Often, politicians have so much relied on criminals that the latter have become their most
trusted lieutenants, even getting elected to legislature with their help and blessings.
There have been instances in India, where prominent politicians have refused to disown
their notorious criminal friends in public even after reaching the vortex of their political
career. This shows the sway held by criminals over politicians in the Indian situation.
It is a fact that no syndicate of organised crime in small and big cities anywhere in the
world can survive even for a day without political patronage. Ergo, all syndicates of
.84
PRAVEEN KUMAR
organised crime and their menace are the direct outcome of the nexus between politicians and
criminals, with the police as bystanders.
No criminal can take lightly the need for political patronage in running his crime
syndicate. Be they smuggling syndicates, gambling houses, narcotics dealers or plain
hoodlums, the only way to survive is to have comfortable political protection at the right
levels.
MUTUAL ADVANTAGE
The crime syndicate, in return, pay a good percentage of their criminal gain to the
protectors. Thus, it is an arrangement to mutual advantage.
The crime world also provides hoodlums as volunteers to perform challenging tasks
during the election campaigns of their political patrons, apart from liberally financing these
campaigns.
How can a politician, after gaining power with the help of a criminal, ever let down the
criminal? This symbiosis of politicians and criminals which has emerged from the extant
Indian political system. Is the root cause of all the complications discussed until now.
The very fact that politicians are prepared to risk their reputation rather than distance
themselves from the crime world, shows how highly the world of crime is regarded by the
politicians in their scheme of things.
Politics and crime have become the 2 faces of the same coin in the present state of affairs
and a saying goes that there cannot be politics without crime and no crime without politics.
In the present Indian situation, it is true that the lotus of politics can blossom only in the
offal of crime.
In an atmosphere where placements and transfers are decided by the needs and wishes of
self-seeking politicians, no police can efficiently function nor can they be free from the
interference of the politicians.
It is not surprising that hungry politicians grab more and more powers that are legally and
traditionally invested with the police department when the top brass lack strength of
character and conviction.
The leads to a position wherein the police department becomes a chessboard on which
politicians move their pieces to checkmate their adversaries and win the political game.
In other words, the police sans effective leadership is becoming more a handmaid of
politicians by moving away from its sacred role as the guardian of law and justice and the
protector of the common man.
The credit of bringing the police from their height of power to the present level of
absolute submission should go to the superior strength of personality of wily politicians who
have bent the police on their own terms with the selective use of stick and carrot.
.85
PRAVEEN KUMAR
The police is not the real police and what is does is not policing in the proud sense of
the term.
CHANGED ROLE
With the increasing involvement of the police with crass politicians, the conception of the
police about their own role has undergone a large-scale change. No more do the police look
at crime control and maintenance of order as their first duty.
With this, the concern for crime control has received a setback and crime control and
investigation have receded to the last priority-except when politicians are interested in them
for a specific purpose.
Only crimes that disturb politicians foment police to galvanic and meaningful action.
Other crimes receive no priority.
The very definition of the gravity of crime is adapted to suit the new conception. Those
crimes which are tolerated by politicians are no more crimes.
The self-image of the police as a fearless arbiter of crime is changed to a solicitous
servant in attendance at the pleasure of a politician-master.
This blunting of the crime card of the police has made it less awe-inspiring and less
deserving of respect from the criminals.
The police have more and more realised that criminals, particularly those from organised
syndicates, are personal friends of their political masters and they are no match for the
criminals in terms of wealth, influence and social standing. The men of the police see those
criminals on equal footing with their political masters and learn to treat them with awe.
They find it absurd to act with authority against the high-profile criminals who are too
high for the small stature of the police.
It is unfortunate that the police of today have never realised their infinite stature as lawenforcing agents vis--vis all others including criminals and politicians whom they are
empowered to search, arrest and take to court if they deviate from rightful path.
Sadly, the trifling wealth and the concomitant big-man image of others appear to the
present police as more appealing than their own awful police authority.
On ultimate analysis, crime is a universal phenomenon. All living beings are criminals in
varying degrees. Criminal thought is a part of the natural function of a healthy mind as is the
moral restraint that prevents the criminal thought from being acted upon.
External restraints brought about by the fear of law, custom and adverse reaction,
reinforce the inner restraint to prevent the committing of crime.
However, as the force of external restraints weakens for diverse reasons, and the
proporation of gain to be made in committing a crime outweighs the risks involved in the
balance sheet of the operation, the lure of crime increases and the deed is accomplished.
.86
PRAVEEN KUMAR
SOCIAL ACCEPTANCE
It is the social situation which controls the external restraints to make committing a crime
an asset or a liability. It thereby decides the proliferation or suppression of crime, human
nature being what it is always.
Criminals are criminals because society gives them easy openings to thus meet their
needs. Politicians love to befriend criminals rather than bring them to book because the
society they live in makes their lives more comfortable with criminals as friends rather than
as adversaries. Policemen find the crime world sweeter because it is how things stand for
them.
The remedy for the proliferation and endearment of crime lies in changing the social
dynamics to make crime a liability to criminals and criminals a liability to politicians and the
police. In the existing nexus of politics, crime and police, crime is an asset to criminals and
criminals are an asset to politicians and police.
Criminals should not be construed as a separate block of citizenry. They are a crossselection of people from all fields of life who have moved beyond a commonly accepted
degree in their criminal tendencies.
Criminality may be prolific in certain civilised fields like commerce and industry in the
form of tax evasion, violation of foreign exchange regulations, hoarding etc.
Such crimes are generally not taken seriously in spite of the public awareness of the
crimes and the social standing of the criminals remains unaffected. Government servants too
come under this category of criminals because of rampant corruption in public life.
It is a fact that Indian public life is a vast field of criminal activities and politicians and
police, though the custodians and protectors of Indian public life, from part of the crime
world. However, knowledge of the involvement of politicians and police in this nasty world
stirs the public conscience for the reason that they are supposed to be the people on whom the
public relies to save them.
CRIME AND NATIONAL ECONOMY
A word about the effect of the nasty nexus between politics, crime and police on the
national economy.
Unity gives strength. It is true about this nasty nexus also.
The only telos of the nexus is gain by synergy, which brings confidence and courage to
the troika in its nefarious activities, thereby inducing it to more daring and innovative
criminal activities.
This results in proliferation of crime is illegal gain and the incidence of crime is directly
related to increase in black money in the national economy, the proliferation of crime
invariably results in inflation and the weakening of the national economy.
.87
PRAVEEN KUMAR
More dangerously, it results in polarisation of the society into criminal rich and honest
poor, and destroys the countrys moral fabric.
The increasing incidence of easy money, material comforts and political power of the
criminal rich ultimately leads to internal strife and popular terrorism.
The indulgence of the rich and powerful in crime popularises criminal activities by
bringing an aura of status to them and negating all inhibitions in the popular mind.
Society easily accepts the example of the wealthy and powerful for making an easy
buck to lead comfortable lives in the world where life is becoming increasingly difficult
because of the spurt in black money, caused by proliferation of crime.
While decent life becomes impossible by honest methods, the need of survival forces
honest citizens to accept crime as a way of life as the last resort. This would be where
politicians, criminals and police lead the country.
Easy money and easy wealth have a tendency to inflate. Criminals tend to spend lavishly.
This ends up in a spurt in prices of land, buildings and essential commodities, while honest
men have to toil hard for an extra quarter.
Crime begets money, and money begets more money, and more money gets power,
comfort and everything. In the crush, the honest man is lost forever. The ocean of criminal
wealth around him, which is beyond even his wildest dreams, frustrates him and ravages his
sense of morality and righteousness.
It turns him violently against all human values and decency, leading him to a world of
crime and violence. It is what we have seen in Punjab, Kashmir, Assam, in faraway Sri
Lanka or even in Naxalism, where it is disguised as political ideology.
It is an irony that politicians and the police, who create the demons, fall to the bullets of
the grievously hurt, self-righteous, once innocent people. It is said that even the dacoits in
Chambal are symptomatic of this social and economic malady.
It is true that crime cannot be eliminated from any society as the tendency to commit
crime is ingrained in human nature. However, crime can be suppressed by appropriate
restraints. What restraints and how they are to be applied are ironically decided by politicians
and the police.
If they come out of their indulgent interests to commit themselves to their professional
objectives, they can certainly save India from the present predicament.
Not that every politician and very policeman can come out to achieve this noble task, but
there certainly are noble elements yet surviving as exceptions among them, who should take
up cudgels in favour of the Indian polity and sacrifice their lives and careers, if necessary, to
make the renaissance of Indian police and Indian public life possible.
The question yet to be posed is: Will the inveterate vested interests let these sacrifices
bear fruit? Let us hope for the best.
.88
PRAVEEN KUMAR
CRIMINALISATION OF POLICE
Organised violence is so much a part of Indian politics that all politics parties have
created youth and volunteer wings to accommodate young hoodlums as a fighting and streetsmart force to be used when violence is needed.
Those who sand out in courage and toughness rise fast and reach the top and today a very
high percentage of Ministers in the Indian Government are these people.
It is ironical that politicians, whose help criminals sought to save themselves from the
police, brought the police and criminals closer to each other, building a bridge between them.
The understanding reached between criminals and the police is to a great degree responsible
for criminalising Indian public life and blunting the effectiveness of the police.
Though the nexus between criminals and the police is not a new phenomenon, what was
once an exception has now become the rule and what was the rule once has become the
exception. Today criminals on the one hand overawe a weak police force with their
connections with powerful politicians and lure the police with easy money and comfort on the
other, thus tilting the balance to their advantage.
POLITICAL MISHANDLING
Though criminals play their political cards with adroitness, their real aim is to lessen the
pressures of the police on themselves.
If some are born criminals, some choose the path of crime consciously and some others
are constrained to follow it. While faulty financial and social policies forged by short-sighted
politicians are responsible for forcing many helpless people to a life of crime, these same
policies often drive sensitive people to revolt and to embrace terrorism and violence.
Naxalisim, Sikh terrorism, the ULFA movement, Kashmir separatism, Hindu and Muslim
militancy and even the sympathy in India for the LTTE cause are direct results of political
mishandling of national issues.
India has seen isolated political attempts in the past to save people from the clutches of
crime and to rehabilitate them. The famous Chambal experiment initiated by the late Jaya
Prakash Narayan had some success in spite of the machinations of certain politicians in the
area.
Not that politics is all bad. It is, by definition, governance of the State by popular
leadership. The malaise of todays politics lies in its tilt to populism at the cost of leadership
and more dangerously, populism is being considered an investment to earn returns in multiple
proportions. Nothing, it appears, means as much to the Indian electorate as money to prod
them to cast their votes for a particular candidate.
.89
PRAVEEN KUMAR
VICIOUS CIRCLE
The history of independent India makes it clear that honesty, patriotism, quality, service,
excellence and even charisma have become casualties vis a vis money and power on the
Indian election stage. In this situation, political poser is equated with electoral popularity,
which in turn is equated with money and power, which can be had only though political
patronage.
The vicious circle has helped to create a class of extortionists who manipulate the passive
public. Politics too has its honest and patriotic people who are committed to the welfare of
society. But, sadly, they are caught up in a system which does not let them come to
prominence unless they come terms with it and adopt the venal proposition of wining
elections to make money to win the next election.
Only those who correctly grasp the inner dynamics of this and adapt to its mechanics can
hop to make any headway. Others are bound to sink. When the system itself made the
election a venal mechanism, corrupt practices that rope in criminals and police are bound to
follow.
It can be categorically said that the business of crime cannot survive anywhere if
politicians and the police join hands to bring the crime world to heel. But alas, this is not to
be in a world of opportunist politicians and a corrupt, weak, police force both with an eye on
the spoils of the crime. The police force is the weak link in the troika of power-brokers
consisting of politicians, criminals and the police. It functions as an instrument politicians
use to bring criminals to them. The role of the police as a law-enforcing agency and its hold
over criminals makes it a handy instrument for politicians to use.
SAD COMMENTARY
The police is the executioner and odd-job boy of the Government. This image of the
police is effectively made use of by politicians for all conceivable personal and official
purposes. While low-ranking police are used as bodyguards, gunmen, messengers, watchmen
etc, high-ranking police officers are used for the same jobs at higher levels.
It is a sad commentary on todays police force that while low-ranking police do these
jobs as an unavoidable duty, high-ranking officers compete and fight among themselves to
attend to the odd jobs of their political masters. This they do, even when they are fully aware
of the criminal antecedents and police histories of some of their benefactors.
Jobs are judged for importance in the police force on their potentialities for illegal money
from crime. And jobs with potential for such gains are most sought after and are often paid
for in lakhs. This is considered an investment. which will earn many times more in a short
period of time.
Many other jobs, on the other hand are known as punishment postings and are largely
detested. These jobs have no potential for illegal earnings.
It goes without saying that judging jobs on the basis of the challenge or the opportunity
for service that they provide is a thing of the past. It is the crime world that decides the
.90
PRAVEEN KUMAR
importance or otherwise of different police jobs and in actual fact controls the type and
calibre of officers in each job.
In other words, it is criminals who invisibly control the police rather than the police
controlling the criminals. This reversal of function has a lot to do with the low morale of the
present Indian police.
Its members find themselves at the mercy of criminals whom they are supposed to bring
to book. The police is no longer confident that it is mentally and organisationally equipped to
do its job.
Increasingly powerful and modernised crime syndicates have made a farce of crime
control by the police. Many factors place the police at disadvantages. Its growth has not kept
pace with population growth. It is also at a disadvantage as far as communication,
transportation and weaponry are concerned as criminals have the best of all these.
INCOMPETENT LEADERSHIP
Consequently, police fatalities in encounters with criminals and terrorist groups are
increasing. As a result the police in India is no longer keen to intrfere with the activities of
the underworld. The understanding between criminals and the police is that both will confine
themselves to their respective fields a and avoid embarrassing each other.
The police is paid for its passiveness while stray troublemakers are silenced. The Indian
police is sane enough to quickly realise that its interests lie in silence while entangling with
the crime world may invite a host of complications.
The responsibility for the present state of the Indian police rests solely on its incompetent
leadership rather than on anything else. Unimaginative planning uninspiring guidance and
lack of leadership and conviction in the top police ranks has led to utter chaos. Dangerously
ineffective recruitment policies, poor training programmes, misuse of the facilities of
confidential assessment of subordinates and the degeneration of control and supervision
machinery have resulted.
The present Indian police force is utterly unmotivated and police jobs are considered only
as devices that provide rank, power, social status, sundry comforts and a pension. How can
the people of India depend upon this sort of police force for security, protection and law and
order?
.91
PRAVEEN KUMAR
Crime, politics and the police are the 3 sides of the vicious triangle within which
democratic India and its free people are inexorably caught today. Though wealthy industrial
and commercial houses form the 4th dimension of this unfortunate situation, their
manipulative strategies are as yet limited to trying to influence politicians in pursuit of their
interests.
It is their wealth that operates as a catalyst in reducing the normal life of free citizens to a
welter of uncertainties and unending hardships. However, their role is rather distant and
indirect, unlike that of criminals, politicians and the police.
Politicians protect criminals from the law while criminals reciprocate by acting as their
henchmen in handling underground activities. The police goes to the politicians for job
protection while at the same time it strikes an understanding with criminals. Thus works this
nexus of vile power brokers who prey on innocent people and suck the blood of the hapless
masses.
The trio of criminal, political and police manipulators is a dangerous force to reckon with,
in the Indian democratic situation. A tight-knit power-bloc, they have permeated into all
conceivable facets of Indian public life with the sole intention of garnering all the benefits of
an inefficient public administration. The tragedy here is that this evil is perpetrated by those
whom the public trust as their benefactors and protectors.
The amoral side of this operation does not seen to have affected either the police or the
politicians in any way and the vile cabal against, the Indian public works on indifferent to
everything except its own self-interest. It seems that all the actors in this tragic drama think
that the Indian democracy is a free-for-all, where they should try to grab all that they can in a
world where each person has to look after himself.
This approach is certain to undermine not only the democratic set-up of the nation, but
also its social fabric. The blame for this sad state of affairs should be squarely borne by the
ugly troika of politicians, criminals and the police.
All the maladies of the police today emanate from the politicians who are only concerned
with winning the next election. Until it extricates itself from their grip, it cannot hope to rise
above its present mediocre level.
An immediate need is to streamline the organisation. At present, the growth of the police
department is not really much more than a spasmodic reaction to various stimuli and as a
result it lacks the benefits of an integrated approach. Operational facilities, counter-balances
and counter-checks are inadequate.
The constitution of a permanent cell of organisational experts under the direct control of
the police chief to redefine the police organisation is required to make it more meaningful
and need-based.
.92
PRAVEEN KUMAR
This could help in streamlining the hierarchy by identifying and eliminating redundant
posts, by rationalising workloads and preventing their duplication and by redefining duties
and procedures and thus the rights and responsibilities at each level. As a consequence,
police functioning would be made more cost-effective and efficient.
UNATTRACTIVE SERVICE
The accusation that no talent breeds and grows in the wilderness of the police set-up
cannot be easily gainsaid. The Indian Police Service continues to be an intellectually poor
and unattractive service in the spectrum of the All India services with only misfits opting
for its.
The constabulary, which forms the bulk of the service, is largely constituted of people
from the lower stratum of society who are psychologically handicapped when it comes to
exercising their police powers against the more enlightened people in society.
A tendency to sideline superior intellect and excellence, a general reluctance to adopt
modern techniques of policing and management, a dogmatic approach to personnel and
public relations and a lack of insight into human nature are other factors responsible for the
unfortunate state of affairs in the force.
These problems can be overcome only by capable police leadership at all levels. The
organisation is bound to experience a glissade until objectivity, reasonableness and good
judgement become a part of the police administration.
The annual assessment of men and officers in the police has become a travesty of what it
was originally meant to be. In no way, under the present circumstances, does an ACR reflect
an officers qualities or capabilities or lack thereof. Many therefore believe that the
department would be better off without this pernicious evaluation process that encourages
corruption and favouritism in the force.
It must, however, be said that the evils of the ACR are not inherent in the process itself,
but stem rather from the calibre of those who write them at various levels. What
characterises the rite of the ACR today is a distinct lack of objectivity: it has become a means
to personal ends, a medium for the advancement of individual interests and even the
settlement of personal scores.
Servility is its inevitable consequence and it would not be wrong to say that eliminating
the ACR altogether would certainly be a step towards commune bonum in the police force.
A Deputy Inspector General of Police in a range wanted a young Deputy Superintendent
of Police to marry a girl close to him. The self-respecting DSP chose to marry a girl of his
own choice. This antagonised the Deputy Inspector General. His next annual confidential
report showed the junior as a liability to the police department.
The senior officer also prevailed year after year upon other officers to incorporate
adverse remarks in the confidential reports of the junior. Most of them obliged and this bright
junior officer ended up with a series of unsubstantiated adverse remarks in his confidential
reports.
.93
PRAVEEN KUMAR
All his appeals were ignored by the Government. As a result, the young officer was
denied selection to the IPS for the next 9 years while his far less competent colleagues
superseded him on the career ladder, though there is nothing in his career to justify such
treatment.
Undeterred by the humiliation and career setbacks intentionally heaped on him he then
requested the Chief Secretary of the Government not to consider him any more for the IPS.
He took this measure to show his utter contempt of the corrupt departmental heads who sit
above him to decide his fate.
There are numerous instances of unhealthy practices at the highest levels in the Indian
police. Karnataka produced a police chief who, together with his wife, was taken to court on
the eve of his retirement, from service by a prominent social worker for allegedly defrauding
the public and a spastic society by siphoning off huge amounts of money, collected for the
spastics.
It is a different story that the officer concerned succeeded in silencing the social worker
through police pressure and ensured that the case fell through for lack of evidence. The
incident betrays the levels to which occupying high positions in the Indian police stoop to
make a few bucks.
In such an atmosphere with the maintenance of law and order in the hands of unprincipled
police personnel. Queer things take place. Long ago, a dacoity was reported in the house of a
person of doubtful character in Dharwad district in Karnataka.
The dacoity was actually committed by the illegitimate son of the concerned person
after a serious quarrel. The complainant later settled his feud with the illegitimate son and
decided to settle the case of dacoity to save his family name.
He successfully arranged for an ex-convict of Stuartpuram to be picked up and shown as
the accused. A mangalasutra recast from the gold recovered in some other case was shown
as property seized from the criminal !
Such developments make a mockery of criminal justice. What a serious breach of public
trust it is for the police to involve a person, albeit an ex-convict, in a crime which they knew
he did not commit. The incident reveals the levels of criminality to which the Indian police
has sunk.
INHUMAN TORTURE
In another instance in 1981, police officials in charge of Koppal sub-division in Karnataka
picked up a poor goldsmith from Gadag in a neighbouring district for interrogation about
receiving stolen property. They subjected him to inhuman torture in the Gadag tourist
bungalow for 2 nights to make the innocent goldsmith confess to crimes which he had not
committed.
The wife and children of the goldsmith, who found him in the tourist bungalow after
endless running from pillar to post, were chased away from the place though they could hear
his agonised shrieks. The goldsmith succumbed to the torture on the second night.
.94
PRAVEEN KUMAR
The news of the lock-up death, as such deaths are popularly called, was splashed in local
and other newspapers. The wife of the goldsmith filed a complaint before the local court
about the cold-blooded murder of her husband.
The district Superintendent of Police and the Range Deputy Inspector General of Police,
whose protg the sub-divisional police officer was, rose to the occasion to save him.
They visited Gadag and entrusted the investigation of the case to the compliant Deputy
Superintendent of Police of a neighbouring sub-division with oral directions to finalise the
case as not proved before the magistrate, who had received the wifes complaint and taken
cognisance of the plaint.
The Deputy Superintendent of Police complied with these directions and sent his
investigation report to the court for action u/s 210 of the Cr.PC. Thus ended the case of coldblooded torture and culpable homicide of an innocent goldsmith.
Such stories of cruelty and criminality make the police appear like demons. What right
has the police to investigate and prosecute criminals while it protects its own killers?
Though it is difficult to extricate the police machinery from the clutches of the
politicians, it is an important measure that has to be undertaken at al costs in the overall
interests of the country
If policing is to be effective in the years ahead, specialisation is crucial. Three distinct
police services with separate recruitment and training are needed. These are:
1. Regulatory police or uniformed police in charge of law and order
And other regulatory duties.
2. Mainstay police in charge of crime investigation, crime prevention,
Security and intelligence operation.
3. Social police in charge of prevention and investigation of all social
Offences and implementation of social legislation.
All the 3 wings should have their own individual organisations up to the district level
with independent superintendents and staff as required. They should function in tandem in
much the same way as the army, navy and air force do.
At the apex could be a specially constituted body called the State police authority with
police chiefs of all the 3 wings as members and the Chief Secretary to the Government as its
Chairman.
A PANACEA
Creation of an all-India police authority at the Centre, responsible only to the President of
India, with regional police authorities in each State as subordinate bodies, may prove to be
a panacea to most of the extant maladies of the Indian police.
.95
PRAVEEN KUMAR
The all-India police authority may be headed by a Supreme Court judge with the Union
Home Secretary and Central Cabinet Secretary as members and the senior most police officer
of the country as the member-secretary.
The arrangement is likely to bring to an end the undue interference by politicians in
police affairs, thus enabling the police to function in an independent atmosphere. The Indian
police may hope to function well in the new age if these measures are implemented.
.96
PRAVEEN KUMAR
.97
PRAVEEN KUMAR
Indian leaders wanted the All India Service of independent India to break away from the
British model they had originally been based on and they gave expression to this desire by
altering the name of the Services. It is ironical that the change in name also initiated a steep
fall in the quality of the Civil Services.
At present, the Indian Administrative Services is not even a pale shadow of the old Indian
Civil Services. The Indian Foreign Service stands nowhere near the brilliant Indian Political
Service and the present Indian Police Service lacks the backbone and professionalism of the
good old Indian Police.
A major cause for the disappearance of excellence from the All India Services of
independent India was the secret tendency of the new leaders to look at the All India Services
as their rivals in running the country, rather than as the backbone of the State. A subtle fear of
the All India Services inherited from British India days accompanied by a sense of awe that
the services inspired because of the halo worn by its predecessor, stirred the new leaders who
made every effort to cut the Civil Services to size and show them their proper place.
SORRY STATE OF AFFAIRS
This occurred together with a fall in the standards of management of the Civil Services
because of the failure to recognise the importance of the Civil Services in administering the
nation. This fall succeeded in bringing the All India Services of the post Independence era to
its present state.
This brought the Services closer to the people of India in a way, while stripping it of all its
brilliance, excellence and efficiency to give India a mediocre All India Services to handle its
administration. And the result of this is the present state of the country.
The poor state of the Civil Services attracted people of poor calibre. This led to all kinds
of evils including corruption, opportunism and lack of moral strength to stand by ones values
and convictions.
This situation led to loss of face and subordinated the All India Services to the ambitions
of the political leadership. Its has been a long journey from the bold and awe-inspiring All
India Services that existed at the dawn of Independence to the present meek and servile All
India Services without any backbone to stand erect and hold its head high.
The reasons for the fall and the mechanism that brought about the change, are not far to
seek. Everything that made the All India Services of the British days a powerful adminicle
for the administration was just swept away while its new avatar in independent India was
brought into existence.
The glory of the old All India Services was built on the 3 basic strengths of faultless
recruitment, perfect training and the maintenance of the highest standards of professionalism
and character t sustain it throughout. These strengths held the Steel Frame of India together
for nearly a century. But independent India just failed to give these factors the importance
they deserved while constituting its version of the All Indian Services.
.98
PRAVEEN KUMAR
The primacy British India gave to the process of selection of people of high calibre to the
All India Services is perhaps the single major factor that made the Civil Services among the
best in the world. Promising people with maturity and intellectual superiority were selected
young through a vigorous and efficient filtering process of a carefully devised elaborate
public civil examination process under the guidance, supervision and control of highly
qualified professionals in the field.
Rarely was anything other than exceptional merit considered in the process of selection
and human weakness like nepotism, corruption and parochial considerations rarely interfered
in the process, as Britain was not prepared to compromise and accept anyone less than the
best in the higher levels of administration. These people were, after all, to sit on equal terms
with them and help in administering the country! These high standards in the process of
selection and recruitment, made the All India Services of British days, a really superior cadre.
REASONS FOR DETERIORATION
The grand structure of British rule was to be mercilessly demolished later by independent
India. Unimaginative and messy selection and recruitment procedures, which were poorly
conceived and unskilfully executed became the order of the day. Corruption, nepotism,
narrow considerations and caste and economic reservations corroded the foundations of the
newly-constituted All India Services as time passed.
The reasons for this deterioration in the Civil Services are many. The first is the general
lack of passion for quality and excellence in the Indian psyche. The agency in charge of the
process of such selections, namely, the Union Public Service Commission, unlike in the
British period, is unfortunately increasingly being manned by people unequal to the task
either in terms of their professionalism, efficiency and passion for brilliance or in their basic
character itself.
As the selection of members of the UPSC became politicised, mediocre people came to
fill the slots and in the process, selections to the All India Services suffered. Since members
owed their memberships or chairmanship to their political leaders, they could not avoid the
obligatory quid pro quo. This continues to be the state of affairs today.
The Indian Civil Service, which once produced giants like K.P.S. Menon, now produces
in its new avatar of the IAS and Allied Services only pigmies without voice or strength of
conviction. In this matter, they are like those in the crippled institution of the union Public
Service Commission who select them. The Steel Frame of the IAS has nor become a gilded
plastic frame with its steel conscience crumbling into a plastic conscience in the present
uncertain political atmosphere. A Steel Frame Civil Service would never have permitted
such a degeneration.
The degeneration is manifeast at all ranks in all services, whether it is the administrative
service, the foreign service, the police service, the forest service, the central services or the
specialised services, whether at the sub-divisional or provincial level or at the highest levels
of Central Government. The degeneration is uniform everywhere.
Whether it be in creative genius, intellectual heights, strength of character, moral values,
width of human interests or noble qualities, the Civil Service of the post-Independence era
are third rate. It does not have its own voice or any originality. Its members either as Chief
.99
PRAVEEN KUMAR
.100
PRAVEEN KUMAR
The training programmes for the services have to be made relevant today. Matter taught
has to be updated every year by experts and made changing evento the brightest among the
new recruits, unlike present training programmes which are intellectually impoverished,
irrelevant to the times and which in no way help ensuring the right attitudes at the higher
levels.
Another need is to make the passing of a promotional test, of a very standard, held by the
UPSC or a similar Central agency, mandatory for promotion at every level. Only such tough
measures will keep the Civil Services fit and productive as is required for the sound health of
the administration of the country.
TONING UP THE UPSC
Overhauling the present mediocre Union Public Service Commission to create an
efficient and responsible set-up capable of handling the enormous responsibilities under
Article 320 of the Indian Constitution, is essential in order to arrest the degeneration that has
set in, in the set-up. This has led to blunders in identifying talent and in managing the Civil
Services.
CREDIBILITY OF THE UPSC
In a recent case, 3 promising officers from the State cadre of a southern State of India,
were denied selection by the UPSC to an All India Service for no obvious reason for 10 years
from 1990, while their juniors were elevated. The acute frustration and demoralisation caused
by this led to the break-up of the family of one of the promising trio.
Violent behaviour by him repeatedly in public led to very embarrassing public
humiliations, and ultimately involvement in a murder case led to his conviction. This is how
a reckless and irresponsible UPSC ruined a promising life for no reason at all.
However, another of the trio was an officer of enormous inner strength as well as a poet
and an intellectual of the highest calibre. He weathered the frustration of the 9 years to rise
to a very high level in individual achievement and public esteem to the shame of the
irresponsible UPSC.
The incident created much resentment in the State against the recklessness of the UPSC
and considerably lowered its credibility. Such transgressions are common these days with the
present state of affairs in the UPSC and the overhauling of the organisation should be aimed
at preventing such irresponsible actions that can have such tragic consequences.
REORGANISATION OF THE UPSC
The way to prevent such unprofessionalism on the part of the UPSC lies in transforming
it to a highly efficient outfit managed by people of unimpeachable character and efficiency.
This objective can be achieved by suitable amendment to Articles 316 and 317 of the Indian
Constitution to ensure that only suitable people
become Members and Chairman of the
organisation and remain in the saddle only as long as they retain their moral and professional
calibre.
.101
PRAVEEN KUMAR
This can be made possible by constituting a committee comprising the Chief Justice of
the Supreme Court, the Chief Commissioner of the Central Vigilance Commission and the
Speaker of Parliament as members. The Vice-President of India should be the Chairman and
clear the names for appointment as Members and as the Chairman of the UPSC for a fixed
tenure. These people should also be empowered to initiate actions for their removal by an
appropriate procedure in fit cases.
Appropriate changes to this effect in Articles 316 and 317 of the Indian Constitution are
likely to plug the existing loopholes that allow too much political interferences in the process
of the selection of Members and Chairman of the UPSC and thereby in its fair functioning.
.102
PRAVEEN KUMAR
.103
PRAVEEN KUMAR
commitment to their responsibilities with the mental and physical ability to fulfil the task.
Men of high intelligence quotient, patience, aplomb and perseverance have to be immanent in
their nature. A profound sense of patriotism is an added qualification. However, not many
people having these rare qualities are readily available. It must be a sacred duty of the
security operators to ingest such rara avis to the organisation wherever they are found and
with whatever sacrifice. It is possible only if recruitment to these places are made a postern
affair at the highest level without throwing recruitment open to competitions where all types
of people sneak in for various reasons. Internal security, more often than not, is an envious
profession wherein life is committed to its objectives.
In the circumstances, the indraught to the fold must be agraste with respect and behoofs
in form of liberal purses and perks apart from more than generous promotional and deathcum-retirement benefits that behove to the compulsive commitment sine qua non for the job.
This helps to widen the latitude of choice by promising a belle vue which is puerile to its
demands to the aspirants to this difficile career.
Having suitable manpower is one thing. Preparing them for the future challenges is quite
another. It is here that training comes into picture. Training high-calibre, sensitive people is
a much more responsible and arduous job. If the training is to prepare them for sensitive job
like internal security, the gravity of the task gets further compounded by the addition of
another dimension to the responsibility. The emphasis here is to raise the innate traits of the
trainees to desired levels. They should be moulded to be highly motivated, knowledgeable,
bright professionals with a flair for results. They must be taught to operate without plangent
attention and get maximum mileage from minimum basic action. Such a training needs a
carefully drawn-up training programme with creative inputs. In sensitive jobs like internal
security, grooming manpower including recruitment and training is more vital than the job
itself.
Indian security plans lay stress on covering targets with armed men and preventing people
from approaching the threatened target. In absence of adequate penetration into the source of
threat, none of these tactics can have any impact on the capabilities of a terrorist to strike his
target. A human wall around the target is an infructuous show of strength in an age where
there are powerful weapons and ammunitions that can penetrate several such layers in a single
stroke. Even the best of the snipers protecting a target would be at a disadvantage in feeling a
terrorist-to-strike who has all the advantages of time, place, surprise and the mental and
physical reflexes to superate both his target and armed protectors. A well-planned terrorist
attack fully prepares for all these odd contretemps.
Another important strategy of the Indian security machinery is screening people before
permitting proximity to the threatened target. A resourceful terrorist plan can facilely
circumvent this with money connections and influence. There are infinite ingenious ways
available to a resourceful and imaginative man, determined to reach his target in
circumstances where a police force remiss and ineffectual at best and corrupt at the worst is
in charge of screening as spotters, his job is facile and custom-made for his aptitude.
The Indian police system lays emphasis on dashing qualities rather than on mental
qualities and planning that form the elan vital of security policing. The age-old police traits
like a criant show of force and a strict adherence to hierarchical order have a mis-alliance
with the needs of security operations where patience, perseverance, calculating mind and
imagination was to foresee developments, speedy physical and mental reflexes, unbreachable
.104
PRAVEEN KUMAR
sang-froid in adverse situations, high commitment to the work in hand, initiative and above
all, courage to take responsibility for action decide the success or otherwise of the security
build-up. Indeed, these human qualities have to be reinforced with neoteric security
equipment including latest communication, transport, information, weaponry and other
security oriented systems. The organisation must have three full-fledged wings in charge of
(a) collection of intelligence; (b) process and assessment of security risks; and (c) field
operation.
Collection of vital intelligence forms the pith of perficient security operation. An effective
security build-up perforce stands on the foundation of strategic intelligence. The ferocity of
security basically depends on the quality of intelligence as an input. A security organisation
of neoteric age cannot survive without an effective intelligence wing as a backup unit. And
key intelligence does not come freely. It has to be extracted at great risks from closely
guarded sources by resourceful intelligence operators. Often, such an operation may require
years of patient preparation by an undercover to cultivate dependable insiders to the cause.
These operations are potential comminations to the mutual relation and ergo intelligence
operators are left to their own fate by employers when the operators are caught. Intelligence
is a venal commodity and its price can be fixed in monetary terms. Collection of intelligence
involves huge expenditure to maintain organisation and communication reticulation, support
the logistics of the operations and at times to affect outright purchases as well. It requires a
huge army of highly-paid and expensive operators and agents to cover places and groups that
are potentially security risks. The success of security back home tout a fait depends upon
the quality of the intelligence sent back. In an age of bitter concourse to win over or withhold
a piece of intelligence, double crosses or even triple crosses are au naturel. The situation
necessitates keeping an ey on these operators from a distance.
The raw inputs from intelligence sources have to be winnowed, classified and processed
if found to have security relevance. Intelligence collection sans processing is as good as, if
not worse than, not collecting them at all. Raw intelligence throws the national security to the
winds by raising a maelstrom, wherein facts and fancies are completed beyond recognition. It
blunts the sensitivities of the sleuths and excoriates targets to real danger. The possibility can
be avoided by creating a nerve-centre, a command post in the security organisation to process
and assess intelligence inputs anent ground realities, past history and known facts. This
organisation must be manned by people au fait and capable of reading between lines to
arrive at right conclusions as well as invenit strategies in the interests of the internal security.
This body must have a flair for research and analysis and knowledge of the internal situation
of the country, dynamics of various factors that have bearing on the internal security and
possess an insight into minor developments that may blow up into serious security risks at
some future date. It must be constituted of carefully chosen professionals with proven
records of eximious work and a deep sense of patriotism and commitment to their work and
should be directly responsible to the chief of the organisation and work as a high-power
advisory body in all matters pertaining to the security.
Field operation is the cutting-edge of the security build-up. Other activities in the
organisation are just postern backups to the field operation that forms the mainstay of the
security organisation and inclips a vast portion of the organisations manpower, equipments,
machinery, money, time and other resources. If intelligence operators must have alert eyes
and ears, security analysts must have smart mental faculties and field-operators must have
smart reflexes inter alia. Only people with exceptional courage and perseverance and dare
devilry can behove to this job. Resourceful people with energy and willingness to work hard
.105
PRAVEEN KUMAR
.106
PRAVEEN KUMAR
.107
PRAVEEN KUMAR
investigation process. In the circumstances, an insight into the investigation of dowry death
cases and proper understanding of the spectrum of challenges posed and how they are met is
in the interests of both the public and investigating officers. It must be borne in mind that no
investigation can succeed without public cooperation. And the public, particularly people
aggrieved by such unfortunate incidents, can contribute to the progress of investigation of
they have knowledge of its due process. With this in view, salient features and parameters of
dowry death investigation are outlined in this work.
Investigation of dowry death cases has special links with the science of forensic medicine
because of the special nature of the investigation. Dowry deaths are figuratively called
bedroom deaths. In most cases, no outsider including the investigating officer can have any
knowledge about the circumstances and events that led to the death. Secondly, the offencers
being the custodians of the dead body and the scene for many hours after the death till they
volunteer to make its occurrence known, have all the time in the world to eliminate or tamper
with any clues. In the circumstances, the investigating officer is completely at the mercy of
medical experts to interpret the cause of death.
Often, the mode of death noticed, be it asphyxia, drowning, or burning, may prove to be
post-mortal; ipso facto suggesting homicide in place of suicide. Only forensic medicine can
provide decisive proof to the investigating officer.
The success of the investigating officer in investigating dowry death cases largely
depends upon forensic medicine experts. Sans proper briefing from the latter, the
investigating officer may not realise the importance of noting the profusion of bleeding or
marks of inflammation in deciding whether wound is antemortal or not. Again, in a
poisoning case, the investigating officer may overlook the importance of recording the time
when the deceased ate last, how many hours thereafter the first symptoms of poisoning
were noticed, what were those symptoms and how many hours thereafter death occurred.
Thus, the interaction between the investigating officer and forensic medicine experts is crucial
to give the investigation a direction.
Dowry death investigation has to address certain problems in the field in collecting
evidence and examining witnesses.
These offences take place within the family circle. Sometimes, though blood relatives of
the deceased volunteer evidence in the heat of trauma, a gradual reconciliation would be the
normal tendency. Therefore, sound evidence is rarely forthcoming and difficult to sustain.
Dowry death being an offshoot of the relationship of wife and husband and veiled in a shroud
of secrecy, even the parents of the deceased may be unaware of the hardships the deceased
underwent at the hands of her husband and his relatives in the process of the dowry death.
If the investigating officer is lucky, he may succeed in collecting some, evidence of
cruelty. The next stage at which he would find himself would be the girls death. There
would be an absolute void in-between with no clues or evidence of what happened or no
eyewitnesses to vouch for that , Clues on the dead body and surroundings are likely to be
tampered with by the offenders.
Investigations are witness-oriented. A dowry death case being primarily a family affair,
independent witnesses refuse to involve themselves. And partisan witnesses are too polarised
to be credible.
.108
PRAVEEN KUMAR
.109
PRAVEEN KUMAR
If the investigating officer adequately employs his common sense and intelligence during
the preliminary stage of the investigation while examining the dead body and the scene and
collects all incriminating clues and evidences without restricting himself to the apparent
cause of the death, no criminal can fool him and deflect him from the right line of
investigation.
Marriage is often called the second birth in a girls life; it brings an entire metamorphosis
in the form and contents of her life and in the process exposes her to inopinate adaptation
problems. It is an irony of nature and social customs that it is the girl who is delicate in
nature rather than the man who is selected for this difficile gauntlet of transformation in the
process of familial socialising. Per case, the gentle and amenable character of the female
breed expose her to the natural selection for the purpose. In the process, death of the most
unfortunate of them by felo de se or homicide because of the grind of the circumstances has
become an unfortunate phenomenon. Dowry is only one though primus interpares among
various immane manifestations of adjustment problems to which the tender psyche of a
young girl is exposed after her marriage. An integrated approach to all these symptoms of
adjustment problems to which a girl is suddenly exposed while her persona is yet unprepared
to meet the gauntlets alone can bring deliverance to the fairer sex of the human genre. The
entire process of social legislations and their enforcement is only a distant link in the whole
catena of luctation warranted to achieve this end.
.110
PRAVEEN KUMAR
This cancer in Indian social life develops a major moral responsibility on India not only
to get rid of the nasty disease, but also to rehabilitate the victims of the age-old social bevue.
Post-independent India, as welfare state, took innumerable measures, both constitutional
and legislative, towards absterging the sins perpetrated by its past practices of ages on the
unfortunate sections of the society.
The removal of untouchability, prevention
educational opportunities to quote but a few.
.111
PRAVEEN KUMAR
Sine dubio, such special treatments alone can somewhat remedy the inhuman treatment
and delour meted out to some without an iota of fellow-feeling and kindness for generations
after generations.
Such measures on special footing are not only compensations India must pay for having
deprived some of its children of their growth opportunities for so long, though belated and
inadequate as they are.
They are also a kind of remorse the country suffers for its past sins.
But the cardinal question is the direction such measures must take.
Wrong policies in such matters may not only fail to make the measures efficacious, but
may also block the existing opportunities too.
It may also further weaken the social fabric of the country and ipso facto pose real threat
to the very existence of India as a country.
The apollyon in question is the policy of job reservation in civil service which may eat up
the quality and steel-frame toughness of the setup to disintegrate and balkanise India sans its
only binding force namely a sound civil service to keep the country united in its diversities.
The victims of the age-old stratified class system actually deserve many more special
privileges than delivered to them at present.
The necessarily need easier access to educational opportunities to prepare them for higher
slots in life.
Hence, the need of reservations in educational institutions.
Perhaps, institution of an apex development bank with branches in all districts or taluks
of the country, exclusively for their financial needs of nonconsumptive nature at nominal rate
of interest a la rural or agricultural banks may prove a significant step in this direction.
Institution of liberal scholarships, concession in or exemption from, application fee for
jobs, wider network or board and lodging facilities for students, free higher studies, special
vocational training for men and women, concessional hostel facilities for working men and
women, easy housing schemes, free advanced medical treatment facilities, etc are other
welfare schemes for the unprivileged classes that may help to bring them on par with others.
This will wipe out the achilles heel from the face of Indian social structure to make
Indian society civilised without affecting the quality of its governance and parameters of
survival.
It was Winston Churchill who said democracy is the worst type of governance except for
all other types of governance. Basically, democracy signifies rule of common man and rule
of mediocrity and ergo, more dangerously the rule of hoi polloi or mob.
This definition applies principally to the political system of the democratic governance
and not to the civil service system which is expected to be the subtle spine of the democratic
.112
PRAVEEN KUMAR
rule. A sound civil service as amicus curiae draws the metes and bounds of governance
within which the democratic system must function and also inspire a sense of moderation,
discipline, fairness, legality and reasonableness in the political leadership of the system.
It absorbs the jerks and shocks of the political follies and helps the political leadership in
taking sound and intelligent decisions at right times.
In this sense, a sound civil service structure is sine qua non for running a democracy and
the strength of the democracy depends entirely on its soundness and quality. A democracy
without sound civil service slumps like a mass of flesh without a spine to support it.
The well being of the repressed class of India depends solely upon the survival of India as
a single nation and therefore on the quality and soundness of the civil service.
If there is anything scanty in the present world, it is high quality and excellence. They
are such a rare commodity that even slight distractions in the swink to cultivate them end up
in their disappearing in thin air. Excellence has a distinct tendency of light from mediocrity
and regrouping otherwise at its own level. This tendency renders maintenance of the tempo
of high quality and excellence a difficult task. Any allowance to mediocrity leads to a
sustained flight of quality and excellence till mediocrity completely takes over. This is what
is feared about present Indian civil service thanks to reservation policy.
The fear that the steel-frame civil service of the pre-independent India vintage have
crumbled into a mediocre setup now by wrong policies of selection and recruitment in
independent India needs serious attention it deserves.
Several opinion polls point to the diminishing attraction of the civil service to crme de
la crme of the Indian youth in preference to foreign and private industrial houses and banks
as job opportunities.
This trend deserves deeper concern than at present in those who are interested in the
survival of India as a nation and democracy. The interest of the country lies in marshalling the
best talents of the country in service of maintaining the country as a nation and democracy
and that need must get the first priority over all other issues including developmental and
welfare vintage. Unfortunately, it is not happening in India now.
Civil Service is the trunk of the tree of democratic governance and breaking the trunk
itself is self-defeating for all national goals including justice for all. By the policy of job
reservation to civil service, India is venturing to the folly of cutting its own s trunk. Stracient
damage has already been done by this in the last five decades. No distraction like reservation
of any kind must deter the criterion of genuine merit and competence in civil service.
Real merit and competence emerge from exemplary unity of diverse human faculties like
sound character, strong intellect right attitude, commitment and devotion to work. Doing
anything to subvert these virtues in civil service in tantamount to wrecking the interests of
the country.
It is not that somebody wants to subvert the interests of the country by hoisting job
reservation policy on civil service. The intentions of reservation is beyond reproach . The
fault lies in its pursuance.
.113
PRAVEEN KUMAR
Reservation of any kind in civil service clearly proves to be wrong means to reach the
right end. How early India realises this fact, so fast is served Indias best interests.
.114
PRAVEEN KUMAR
LACKING VIGOUR
Independence half a century back marks the greatest turning point in the history of Indian
police. It marks the end of the 88-year history of policing on modern lines under the Brithish
Raj which began with the enactment of the Madras District Police Act of 1859 and assumed
countrywide acceptance with the enactment of the Police Act of 1861. Independence marks
the beginning of the history of Indian police under Indian hands in a democratic milieu
unlike of yore though in form and contents they were its continuation.
The hitch lay in its spirit, in the contradictions of the intentions of a colonial police and
the traditions of a democratic police. It patently is against jus naturale to expect a colonial
police transform to a democratic set-up overnight with the awakening of the country at
midnight. Spirit is never known to be a quick-chameleonic, particularly while form and
contents maintain their stead. Change in spirit is the natural outcome of changes in
ambience leading to metamorphosis of value system and attitudes by rapid exposures to
changed trails and tribulations to ripen the spirit to its new avatar. The first fifty years of
independence of India marks this period in context of the spirit of Indian police maturing to
democratic traditions in the hands of Indian rulers.
Crime investigation is a task as important to police as national security is. While national
security gained currency in India after the country became independent, crime investigation
along with law and order duties was the mainstay of Indian police from periods long before it.
But, India never realised the importance of crime investigation in national affairs until very
recently. Nonetheless, the Federal Bureau of Investigation (FBI) of Mr.Edgar J Hoover in the
US showed to the world around the time of Indias independence, what a powerful instrument
an investigation agency can be in national affairs and how resourceful chiefs of investigation
agencies can hold even the heads of governments of their countries to ransom.
PLAYING SAFE
It is to the credit of Indian Police that the primier investigation agency of the country, the
Central Bureau of Investigation (CBI) and the Criminal Investigation Department (CID) in
states and union territories never harboured such ambitions till now. It is a different matter
that in the recent years the CBI is forced by the judiciary to proceed against ranking political
leaders including former union cabinet ministers and prime ministers, in discharge of its
legitimate duties. Otherwise, Indian investigation agencies, both at the Centre and in
regions, kept themselves away from interfering with the affairs of political leaders and their
kith and kin for most parts of the period in the last fifty years, save dictated for limited actions
by the ruling parties for political purpose as in the Classic Computer case of 1993 in
Karnataka or cases against Ms. Indira Gandhi and her kin in 1977 for emergency excesses.
Otherwise, they believed in the sanctity of political leaders and their associates as beyond the
laws of the country.
Criminal cases filed against those people invariably fell through for lack of purposeful
investigation and the trend led to the belief that powerful people are beyond the reach of law.
Recent judicial activism changed the myth and infused a new vigour to the judicial and
law-enforcing systems of the country. But, an investigation agency doing its legitimate duties
.115
PRAVEEN KUMAR
under the pressures of the judiciary cannot be an adequate compensation for doing the same
works with a missionary zeal of professional commitment. Indian investigation agencies at
both the national as well as regional levels are far from any professional zeal and
investigating skill seen in internationally acclaimed investigation agencies like the Scotland
Yard of England which provided the model for the CBI and other regional investigation
agencies of the country.
Sadly, Indian counterparts adopted only the form and not the spirit of the Scotland Yard
and thought it best in its indigenous wisdom not to stir the hornets nest by going active and
radical after the FBI of the US
LACKLUSTRE PERFORMANCE
Recent developments in the national crime scene of India like the CBI investigating
top political leaders of the country for involvement in various scandals of national importance
has not changed the situation of investigating agencies of India. Crime investigations
continue to be a factor of political decisions, in spite of periodical judicial reviews of the
investigation process
Investigation agencies enjoy tremendous leeway in carrying out investigations in
desired directions in spite of judicial scrutiny of the cases. Until investigation agencies
exhibit professional commitment and develop a passion to deracinate evils from the society,
exercises like judicial
reviews of the investigation process cannot really make substantial
differences, either to investigation agencies or to crime investigations.
Unlike spirited investigations of corrupt leaders in countries like Italy, Japan and
Korea in the recent past, Indian investigation agencies dither and drag their feet back to
handle cases of political corruption in spite of judicial compulsions on it. The professional
and social commitments seen in those countries are a far cry from Indian police of the
independent vintage. There seems to be no scope of Indian police catching up with the spirit
in near future if the first half century of the democratic rule in India is any indication. Indian
police leadership is too steeped in slef-promotion to be bothered by the spirits pro bono
publico.
For every action, there is an equal and opposite reaction. This is true in the field
of Indian politics as well. It is significant that after the Supreme Court of India took active
interest in the investigation of crimes involving top leaders of the country, a new trend has
surfaced with the post of the CBI chief being invested on somebody from the cadre of the
state from which the chief executive of the government hails, as if to counter the pressures of
the judiciary on the investigation agency. This was true in 1993 and again in 1996.
The new trend only makes clear that everything is not well in the administration of
the investigation agencies of the country and pressures and counter-pressures have a great say
in the process of investigations of those investigation agencies.
JUDICIAL ACTIVISM
.116
PRAVEEN KUMAR
The recent judicial activism in the investigation of important crimes and scandals of India
is not confined to the Supreme Court of India; nor is it limited to the cases investigated by
the CBI. High courts and even session courts these days are taking lead from the Supreme
Court, as evident from the court proceedings in cases under trial in lower courts like
Lakhubhai Pathak cheating case involving an ex-prime minister, anti- Sikh rioting case of
1984 and recent cases of harbouring notorious mafia leaders involving prominent political
leaders wherein the courts have taken tough stands either in summoning top leaders for
examination or in refusing bails.
The judicial activism of the Supreme Court on the other hand is not restricted only to the
cases investigated by the CBI. In a recent case of investigation of medial seat scandal
involving prominent political leaders in a state, the Supreme Court directed that the chief of
the state CID investigating the case should not be transferred out form the CID without the
permission of the court. The Investigation was transferred to the CBI in 1996.
The basic issue is why judiciary should do the legitimate works of the heads of
investigation agencies in safeguarding the objectivity of the investigation process. The very
fact that there is the need of judicial interference in the legitimate works of investigation
agencies strongly suggests that the investigation agencies are seriously ill. While
investigation agencies honestly and professionally discharge their responsibilities towards
fair investigations, no judiciary can even afford to cross the sacred halls of their legitimate
duties in violation of the sensitivities of the investigation agencies and invite righteous
wrath of the public opinion. The investigation agencies and the public are aware of the
extant situation in investigation agencies and therefore the interferences of the judiciary in
investigations are not only tolerated, but also welcomed by all sections of the people.
SYMPTOMS OF ATROPHY
The serious maladies witnessed in secret police and investigation agencies of India are
actually common symptoms of atrophy observed in all wings of Indian police, including the
law and order police. Dishonesty, lack of professional commitment, extra-professional
loyalties and unchecked corruption are the albatross that commonly affect the Indian police at
all levels. It is not a rosy picture to have of a police force which is more than a century old
and is now reaching half a century mark of existence in a free country.
The deterioration of Indian police is steep after independence. Perhaps, democratic rule in
the country has not done any good to Indian police. The nexus of police with criminals and
politicians is smothering and squeezing the country and its public life out of its vitality to a
stage of paralysis. While this truth has been realised by people in states like Bihar and UP it
is eating up the vitals of the country
in other states too. The talk of private armies doing recent elections in UP and Bihar is an
indication of the confidence Indian police inspire in public after fifty years of self-rule.
Indian police in 1990s appears like a century old giant tree rendered hollow by the termite
of corruption. Unless something is done fast to return the vitality of professional pride and
commitment, Indian police may irrevocably fail the country in leading it forth to the centurymark of Indias independence.
.117
PRAVEEN KUMAR
.118
PRAVEEN KUMAR
The police administration provides a good cover to meet long cherished desires and is
therefore considered a cushy job. A police administrator like the Home Secretary of a state
can avail for himself from the police organisation all benefits inherent to the police job like
the best available transport and communication facilities and orderly services at will. The
police network throughout the country would be at his personal service wherever and in
whatever way he desired it. This is an invaluable asset, for him and his kith and kin. In the
name of various studies concerning the police, he can visit foreign countries at his will and
convenience at government expenditure.
The prevarications of the police administration from the right path in most cases is not
even to achieve right professional ends. They mostly are pure and simple means to selfgrandiosity and personal gains. Show them elements of personal grists. Files move fast.
Discussions and meetings are held day and night. Decisions are taken overnight. Procedures
are cut-short to ease the process. Ordinary situation turns to an emergence. Administration
becomes a hub of incessant activity. Lots of energy and thought go to the process of
administration. The result is that work is done irrespective of the relevance and importance of
the work while more pressing and vital, but less remunerative works rot in files for years.
Selection and recruitment of men in the age of unemployment and purchase of heavy
vehicles in the ambience of commissions play a pivotal role in the administration of police
and related safety-oriented organisations like the fire force. Recruiting men in thousands and
purchase of scores of heavy vehicles at a single go in the name of expansion of an
organisation involves subterranean change of hands of crores of rupees in a short span of
time. It is a dizzy amount to be pocketed.
Decisions were taken by the administration for expansion of the organisation with fresh
recruitment of thousands of men and sub-officers and purchase of scores of heavy vehicles.
A police officer in a sensitive juncture of his career who could be compromised was put in
charge of the organisation and the selection and purchase processes. The setup worked out by
the Home Secretary worked to his satisfaction. The result was that the police officer in
charge was rewarded by quick and easy promotions. The organisation concerned saw rapid
expansion. Thousands of unemployed youths got jobs. Manufactures of heavy vehicles got
business. And the Home Secretary got what he wanted. Thus all are happy and contented.
This is how administration works in India.
Most ills of the present Indian police emerge from the malaise of the morbid handling of
the police administration at different levels. Be is in handling of the body and shape of the
organisation and its functions of managing the spirit and the soul of the force, the police
administration can play a major role either in building or marring the prospects of raising a
healthy police outfit for the country. As of today, police administration failed the country and
its police by indifference on the one hand and crass handling of the organisation and its
affairs on the other. The only solution to this serious malady lies in rebuilding the police
administration with people of character, integrity, devotion, efficiency, ability and above all,
deep insight to human nature and its problems.
.119
PRAVEEN KUMAR
These features bring distinct characteristics to the organisation. Indeed, the police have
people come from all walks of life with their distinct personal features and styles. But , once
they enter the police organisation, the grind of the system takes its toll and creates a common
profile in its members. Though such a grind is common in many other organisations also, it is
not as complete and clear as in the police. The process is not consciously man-made and ergo
incidental to the policing system. The standardisation so brought by the process has its own
advantages and disadvantages. In case of the police, it appears that disadvantages as the
standardised style of functioning cut through the growth process of the organisation in
efficiency and excellence. It also grievously destablises dignity of the service and stifles
professional values. There is inveterate servilitude in the style of functioning evolved in the
police by this prices. This often exposes the police to gratuitous risks in performance of
legitimate duties.
Adaptations to political masters as a bargain to secure key posts prove fatal to the
dignity as well as professional values of the police set up. A Police officer of a state in
southern India succeeded in cornering the coveted post of police commissioner at the State
capital a few years back with the support of a politician known in the then political parlance
as the Father, Mother of the state Chief Minister. A few days later, the politician in an
inebriated state was arrested with his associates while fleeing in a car late night after being
involved in a sex scandal involving a budding film star. The police official who affected the
arrest recognised the identity of the person he had arrested only after they were brought to
the nearby police station in the city. The Police Commissioner was intimated about the
.120
PRAVEEN KUMAR
developments. The Police Commissioner promptly made his appearance in the police station
in the night and ensured the immediate release of his political godfather. But, the political
heavy weight in a temulent state was impeccable. He caught the collar of the Police
Commissioner in front of the shocked subordinate officials and shouted at the Police
Commissioner in his inebriated voice asking him whether he was made the Police
Commissioner to arrest and bring him to the Police station. The police Commissioner was
seen meekly begging the politician to pardon him. The incident made headlines in news
papers. The Police Commissioner later rose to become the Police Chief of the state and is
now retired. Such incidents abound in circumstances of Police officers vying for coveted
posts a tout prix and as a consequence, the dignity of the posts lowers and the professional
qualities of the organisation suffer.
An important reason at the derriere of this failing of the police lies in their general
inability at assessments. A rather queer characteristic of the police is its dithering as far as
assessments in any form are concerned. It is an organisational failing in the police and the
police have found an easy way out of this failing falling in line with the general trend and
precedence sans application of mind. An officer once wrongly rapped as difficult to work
with, would be seen so forever by all so much that he himself would begin to trust it as true.
Though this trend strengthens the sinew of collectivity and collective responsibilities for
whatever purposes in the organistion, it considerable weakens the intellectual credibilities of
the police and tears to pieces the fabric of objectivity and fairness in the organisation.
Once in service, independent thinking becomes a disaster and metabasis as a mechanical
part of the flock becomes a crude habit. While this tendency in the organisation brings the
elements of collective acceptance within the danger of a person or situation or event once
wrongly interpreted, never again to be seen in right perspective, destroys its strength and
credibility. This lessens the possibility of seeing things at anytime rightly thereafter. The
result often is perverted assessments. In the police, where assessments of men and events
form a crucial role, this failure proves fatal to the organisation as well as to the society. This
fomented with generally low intellectual qualities of the police, confines the police to
mediocrity and restrains it from rising to excellence in performances and promoting high
calibre in its personnel.
SENSE OF COLLECTIVITY
There is a sense of collectivity for good or bad in the police. None in the police
normally get a spark to see a thing from a new angle and give their own interpretations or
judgement ectogenesis to the view already held. The sense of rectitude becomes secondary
when the sense of collectivity is at stake. Though the police profession demands fairness,
justice and rectitude as its primary concern, passion for the values in the police is surprisingly
feeble. The commitment to do things legally and rightly is superficial.
.121
PRAVEEN KUMAR
characters in the force are always cultivated and posted to key positions so that striking
compromises, when situation warrants, becomes easy. This strategy ends up in honest police
officers being sidelined and promotes corruption. The dynamics which helps influential
individuals to evade the long arm of law, harms the interests of the country, its police and
the rule of law. Police officers of plastic conscience are preferred to upright professionals to
key posts even in national level police agencies like the Central Bureau of Investigation and
the Intelligence Bureau. Police officers known for professional approach are spurned and
distanced as inconvenient elements. In the situation, competence plays no role in preferences
while honesty, integrity and professional commitment play negative roles. A history of
bending backward on professional considerations always becomes a qualification in obtaining
preferences to more sensitive jobs in important police organisations.
A case of dowry death reported against a retired judge and his family in February 1992 in
a state as referred to the state investigation agency. The investigation made out a case for
charge-sheet against the retired judge and five others including his wife, son, two daughters
and another person. The chief of the investigating agency in the rank of IGP being close to
the retired judge, dragged his feet from further proceedings in the case. The Superintendent
of Police who was supervising the investigation of the case wanted to take the investigation
to its logical end. But arrests in the case were prevented and the charge-sheet was unduly
delayed. The insistence of the Superintendent of Police to charge-sheet the case cost him his
post and he was transferred in July 1992 to the Home Guards department of the state as the
head of it training wing. The case remained frozen sans charge-sheet for more than one and a
half years, till the IGPs transfer in 1993. The case was later charge-sheeted in March 1994
with the retired judge and his two daughters being dropped from the charge-sheet on the basis
of evidences tampered at later stages. The police officer who tried to stall the wheel of the
legal process subsequently succeeded in gaining entry to a sensitive police organisation at the
national level and later in his own state.
An extension of this style of functioning is their complete absorption in their service to
the exclusion of other dimensions of life including family life. Nothing interests them
outside the police except specific popular entertainments to counterpoise the tension of the
quotidian police work. The result is the family life of most police officers being disoriented
and their children more then often betraying criminal tendencies because of the lack of
paternal care and attention. The lack of attention to personal habits manifests in very few
police officers leading a happy and normal retired life.
It is in the interests of the police to come out of this pernicious grind of the style of
functioning, to breach the accretion and break out to the fraicheur of the invigorating open
world of endless possibilities. But the adnate growth over the police system is so thick that
no trickles of fresh air survive through it. Anything ab intra cannot ruffle the complacency of
the constricting system. This is general experience and concomitant conviction, that
something cataclysmic from outside should shake the system and bring it to its senses to show
it how and why it is wrong and what retards the growth of the police to its full bloom to
efficiency and excellence and how returning the style of functioning can flush new life to the
Indian police. We can only hope that such a development comes soon and saves the Indian
police from further degradation.
.122
PRAVEEN KUMAR
UNIVERSALITY OF CRIME
On ultimate analysis, crime is a universal phenomenon. All living being are criminals in
varying degrees. Criminal thought is a part of the natural function of a healthy mind as is the
moral restraint that prevents the criminal thought from being acted upon. External restraints
brought about by the fear of law, custom and adverse reaction reinforce the inner restraint to
prevent the committing of crime. However, as the force of external restraints weakens for
diverse reasons and the proportion of gain to be made in committing a crime overweighs the
risks involved in the balance sheet of the operation, the lure of crime increases and the deed is
done. It is social situation which controls the external restraints to make committing a crime
an asset or a liability and thereby decides the proliferation or suppression of crime with
human nature being what it is always. Criminals are criminals because society gives them
easy openings to thus meet their needs. Politicians love to befriend criminals rather than
bring them to book because the society they live in makes their lives comfortable with
criminals as friends rather than as adversaries. Policemen find the crime world sweeter
because it is how things stand for them. The remedy for the proliferation and endearment of
crime lies in changing the social dynamics to make crime a liability to criminals and
criminals a liability to politicians and the police. In the existing nexus of politics, crime and
police, crime is an asset to criminals and criminals are an asset to politicians and police.
Criminals should not be construed as a separate block of citizenry. They are a cross-section
of people from all fields of life who have moved beyond a commonly accepted degree in their
criminal tendencies. Criminality may be prolific in certain civilised fields like commerce and
industry in the form of tax evasion, violation of foreign exchange regulations, hoarding etc;
such crimes are generally not taken seriously in spite of the public awareness of the crimes,
with the social standing of the criminals remaining unaffected. Government servants too
come under this category of criminals because of the unconfined corruption in public life. It
.123
PRAVEEN KUMAR
is a fact that Indian public life is a vast field of criminal activities and politicians and police,
though the custodians and protectors of the Indian public life. Form part of the crime world.
However, knowledge of the involvement of politicians and police in this nasty world stirs the
public conscience, for the reason that they are supposed to be the people on whom the public
relies to save them. But, it cannot be because they are also part of the society which makes
public life a nasty affair and nourishes it.
POLITICISATION OF CRIME
The overworld is just the tip of the real, raw world. There are more things hidden in this
world than that are seen. This is soon realised by opportunist Indian politicians who seize the
first available instance to enlist the support of criminals and underground operators for their
nefarious designs. This is turn is a god-sent benison for criminals to restore their lost
credibility and social standing with the help of their association with the custodians of
power, apart from the security and protection from the police that ensues from the
association. They promptly grab the opportunity to their advantage and show how useful
they can be to politicians in their career-promotion designs and wreaking of personal
vendettas. The experience and professionalism of criminals is handy to politicians to execute
their hasty operations without attracting the stigma attached to them.
The vast army of criminals has become a ready resource to them for use whenever need
arises. This has given a sense of confidence and security to politicians, who are otherwise
vulnerable in their highly uncertain, challenging and competitive environment. Often
politicians have so much relied on criminals that the latter have become their most trusted
lieutenants even getting elected to legislature with their help and blessings. There have been
instances in India, where prominent politicians have refused to disown their notorious
criminal friends in public even after reaching the vertex of their political career. This shows
the sway held by criminals over politicians in the Indian situation. It is a fact that no
syndicate of organised crime in small and big cities anywhere in the world can survive even
for a day without political patronage. Ergo, all syndicates of organised crime and their
.124
PRAVEEN KUMAR
menace are the direct outcome of the internchant nexus between politicians and criminals,
indeed with the police as bystanders.
SOCIAL POLARISATION
The indulgence of the rich and powerful in crime popularises criminal activities by
bringing an aura of status to them and negating all inhibitions in the popular mind. Society
easily accepts the example of the wealthy and powerful for making an easy buck to lead
comfortable lives in the world where life is becoming increasingly difficult because of the
spurt in black money, caused by the proliferation of crime. While decent life becomes
impossible by honest methods, the need of survival forces honest citizenry to accept crime as
a way of life as the last resort. This would be where politicians, criminals and police lead the
country.
Easy money and easy wealth have a tendency to inflate. Criminals tend to spend lavishly.
This ends up in a spurt in prices of land, building and essential commodities while honest
men have to toil hard for an extra quarter. Crime begets money and money begets more
money and more money gets power, comfort and everything. In the crush, honest man is lost
forever. The ocean of criminal wealth around him which is beyond even his wildest dreams
frustrates him and ravages his sense of morality and righteousness. It turns him violently
against all human values and decency, leading him to a world of crime and violence. It is
what we saw in Punjab, Kashmir, Assam, in far away Srilanka or even in Naxalism where it
is hidden in the guise of political ideology. It is an irony that politicians and the police, who
create the demons, eat their own pies by falling to the bullets of the grievously hurt, selfrighteous, once innocent people. It is said that even the dacoits in Chambal are symptomatic
of this social and economic malady.
It is true that crime cannot be eliminated from any society as the tendency to commit
crime is ingenerate in human nature. However, crime can be suppressed by appropriate
straints. What straints and how they are to be applied are ironically decided by politicians
and the police. If they come out of their indulgent interests to commit themselves to their
professional objectives, they can certainly save India from the present predicament. Not that
every politician and every policeman can come out to achieve this noble task, but there
certainly are noble elements yet surviving as exceptions among them, who should take up
cudgels in favour of the Indian polity and sacrifice their lives and careers, if necessary, to
make the renaissance of Indian police and Indian public life possible. The question yet to be
posed is whether the inveterate vested interests will let these sacrifices bear fruit. Let us hope
for the best.
.125
PRAVEEN KUMAR
.126
PRAVEEN KUMAR
.127
PRAVEEN KUMAR
in Indian police of the present vintage. Risk-taking which is a common trait of good policing
has become a rarity and a scarce commodity. The problem lies in wrong attitude. The
atrophy set in, in the field of committed policing has become the mainstay of the Indian
police. Reversing the trend is the first priority to bring Indian police on the right rails.
A manifestation of this wrong attitude is evident in investigation of crimes. The reason for
the problem lies in the environment in which investigators function. They are prosecutors of
another kind in real terms in Indian police environment and work to collect evidence of
whatever merit to prove that the persons accused of crime had committed the crime rather
than unearthing truth. Persons under investigation are treated as criminals and harassed.
When sound evidences are not available, anything that goes for evidence is trumped up. The
infamous Jain Hawala case is a case in point. The case was cold-stored for years. The
dependence syndrome of the premier investigation agency of the country prevented it from
investigating the case sans clearance from political masters. Once polictical bigwigs
calculated that investigation of the case was in their interests, CBI proceeded full-steam to
prove the case. When direct evidence was not available, CBI probed for circumstantial
evidences. When circumstantial evidence failed to prove anything, CBI went for anything
available to feed its fanciful interpretations. Need of corroboration was thrown to the wind.
Political leaders were tried on the basis of initials and numbers entered in a diary. Court of
law exonerated the politicians for lack of evidence. In the process, many heads rolled on the
block of the political gameplan. Professional attitude to investigation with a passion for
fairplay, objectivity, truth and justice would have saved the country from the quite
unnecessary hardships. Politically sensitive cases are taken up for investigation only when
people in power decide in favour, and investigated with a particular end in sight and
chargesheeted on the basis of whatever little could be gathered in the name of evidence.
Professional investigation is not meant to proceed in this fashion where possibility of a prima
facie case and quality of evidences precede every thing else and decide the course and pace
of the investigation process and chargesheet. Sensitisation to fairplay, objectivity, truth and
justice is the foundation of the professional policing. Professional police display
extraordinary scruple in exercise of policing powers like arrests, bails, searches, seizures,
interrogations etc so that law bites only the hors la loi and innocent citizens go absolutely
unharmed. It is not the case in Indian police now. Investigation has become a one-way track
of somehow raising evidences and chargesheeting, truth and justice become tragedies in the
process. This basically is a problem of wrong attitude.
People caught in the web of criminal laws deserve sympathy and kindness until they are
proved guilty beyond doubts. They need to be treated with gentleness and courtesy that
behoves to interpresonal relationship in a civilised society while the process of investigation
continues with all efficiency and ruthless exactitude. Police as investigator is not invested
with powers to punish for the crimes committed. Fair chance to persons under investigation
to prove their innocence goes a long way in unearthing truth and solving crimes justly. This
has to be the attitude of the police during crime investigation. Truth and justice have to be
their goal. Indian police lack the maturity and poise.
A serious Achilles heel of Indian police is its perverted attitude towards rules and laws.
Bending rules and laws to suit self interests is one dimension of the spiel. Another
dimension is its blind application sans sense of proportion and discreetness while self-interest
is not an issue. It is seen in enforcing laws and maintaining order. Police forget that rules and
laws are just tools in the larger cause of peace and order of the society and sadly handle laws
for laws sake. Rules and laws are invested on police like weapons as the dernier ressort
.128
PRAVEEN KUMAR
while all other avenues are shut. Discreetness in their constraint. Objectives are primary
Rules and laws must follow them only as tools to that end. The realisation is rarely found in
the present police. It operates laws for laws sake by relegating organisational objectives to
oblivion. Professional objectives suffer and police become an object of detestation
consequential to this perverted attitude. Mechanical enforcement of gratuitous rules and laws
constrict the freedom of people for no specific purpose and weaves an unnecessary web of
constraints around them for nobodys good. The attitude is fatal to fair and professional
policing practices and needs to be corrected on priority to make application of rules and laws
need-based in reaching professional targets.
Another field where police need to change its attitude is its contempt for human values.
Policing is just an instrument to the cause of protecting human values. Police oblivious to
this fact, subject human values to immane policing methods in the name of policing. Third
degree methods are the point. Malfeasances do not behove to the cause of human values.
Means are as important as ends in policing. Pursuing unjust means for the cause of justice is
the spiel of the frankenstein, the story of an off-spring eating its creator. Inviolable
commitment to human values and rights is the foundation of good policing. Human touch is
sine qua non for professional policing. Human concern is the raison detre of good policing.
The shift in attitude needs to be from blind and blanket-policing for the policings sake to
discreet and enlightened policing to reach professional objectives. The shift has to be from the
use of policing powers to maximise professional goals. The shift must see police taking risks
in the interests of the profession and doing intelligent policing rather than indulging in
manoeuvres of personal security. The process warrants massive exercise in attitudinal
change.
What constitutes perficient exercises of attitudinal change in a massive organisation like
the police? Police organisation is a tough and hard-to-crack candidate for any manipulations.
It is a no nonsense outfit. The only way to bring it to senses is intensive and extensive appeal
to its reason and emotion to convince about the need of change. Police rely on past practices
and procedures. It looks for the job culture to aemule. Forcing police away from vicious
practices and procedures and undesirable job culture through the attitudinal change is an
arduous and time consuming exercise even for experts in the field. The exercise has to be a
multi-pronged attack on inveterate misconceptions and wrong notions in extant policing by
extensive exposures to talks, discussions, seminars, briefings, studies, researches and inservice training involving analyses of policing, its ideals, objectives, methods, means and
ends, social relevances, pressures, policing environment, psychological aspects of policing
etc. The exercise have to be intended to provoke police personnel to think about their
profession without dogma and arrive at desirable conclusions about professional policing and
impress them on the ingredients of good policing by constant exposure. A few ideal cases as
models have tremendous impact on the cause of creating eight attitudes, Studies and
researches on policing and policing methods provide a sound foundation to these exercises. A
police organisation interested in improving its quality and performance cannot go without
sound study centres and research projects on the issues of policing. These attempts provide
both inputs and insight to the behavioural pattern of the police in field under different
situations and stress patterns as differentiated from what are desired. They bring both gestalts
to contrast in terms of their perficiency, professional needs and relevance to the environment
of policing to affect attitudinal change in right direction by way of conviction. The
immediate need is inducing doubts about the soundness of existing attitudes to encourage
discussion on the topic. Deliberate guiding through structured mental exercises to desirable
end forms the latter part of the task. Indeed, the whole exercise has to be planned and
.129
PRAVEEN KUMAR
executed in detail by highly efficient leadership in the police. The conundrum is who
behoves to handle the highly responsible job while the leadership of the police itself is mired
in wrong attitudes to the job of policing.
Problem of attitude basically is a problem felt at higher wrungs in top-brass of the force.
The stiff hierarchical order and command-obedience pattern of functioning make the lower
wrungs irrelevant in matters of job attitude. Those down the ladder are loyal followers and
obedient operators in the path and policy laid above them. Their attitudes change shape from
case to case to meet the demands trickle from above. When the demand is to let out a rich
and powerful criminal with royal honours, those down the level do just that with vengeance;
when the demand from above is to frame an innocent man and obtain his confession by
subjecting to torture, they just do that with dedication for the sake of a well-earned pat of their
omniscient superiors. It is again a question of ill-conceived job culture and attitude which
need to be corrected as it is tangible to the standards of policing as all organisational matters
are. The primary target of attitudinal change is the higher wrungs and the top-brass. Others
follow and fall to place. The key lies in the realisation that something is wrong in the present
mode of policing. Demolition is the beginning of the construction. Once the realisation of
wrong dawns upon, reconstruction becomes possible. Police being an extrovert and actionoriented outfit, self-analyses and inward-looking tendencies do not come easily. While things
to wrong, introversion becomes sine qua non for healthy growth. This is what is required in
Indian police now.
.130
PRAVEEN KUMAR
POLICE ADMINISTRATION
Administration, be it service or management, is immanent in organisational operations of
all levels. In police, elements of administration are inherent at all supervisory levels beginning
from head constables upwards. Police stations as grassroot policing units go away with a
large slice of the police administration. So are district police offices in districts and police
commissionerate in big cities with the unit headquarters as the apex body of police
administration within the organisation. The interim levels bridge the gaps in between. The
springboard of police administration within the organisation is the state police headquarters in
a state with all important decisions of policing and police administration emanating from
there under the control, supervision and guidance of the government in the form of home
department and higher levels. The police chief ab intra and home secretary and chief
secretary in states ab extra form vital links of police administration. The ethos and character
of a police force are shaped by these key figures of the police administration. Though
political leadership is there as policy makers and executive heads of both the organisation
and the government, it is these three configurations as innards of the setup, control and guide
the police by administrative controls, head and shoulder above political heads.
A SPECIALISED FIELD
Administration as a service in spirit and governance in manifestation deals with men,
money, materials and machinery through the means of laws, rules, decisions and directions.
Of these, men form the most vital ingredient of management and governance. This is
especially so in organisations entirely dependent on human resources to meet objectives and
.131
PRAVEEN KUMAR
goals. Administration for most part is human resources management in a manpower oriented
force like the police. The special problems of the police setup, its distinct culture and service
conditions, the stress and strain of policing and the non a such psychological factors unique
for the organisation crop up issues unseen otherwhere. This renders police administration a
specialised field to be handled by experts having insight to and realisation of the special
nature of policing conditions and the psychological pressures on policemen on the off duty in
the organisation.
.132
PRAVEEN KUMAR
the weight of job-related surquedry. The biggest tragedy of police life is the absence of
human concerns around it. Endless interaction with ruffians inside and outside the
organisation deprives policemen their natural sweetness and gentleness. There is no scope for
inteneration of their mental makeup. Police administration needs to take these special
features of police life and psyche into consideration in running the organisation. The need
renders police administration a specialised field.
A BALANCING ACT
Responsibilities of any administration are two fold-providing the body and shapes
required to fulfil the objectives of the organisation within the limits of the extant laws and
providing right ambience to boost the morale, motivation and above all, the mental well-being
of the manpower of the organisation. The extra-ordinary nature of the organisation of the
police and its working conditions render the latter responsibility a sensitive field warranting
specialised study and application. The complex psychological factors involving policing in
diverse social conditions and social imperatives of a policemans life perforce require
dextrous handling of affairs to promote high morale and right motivation in the place of
present crass rule- of thumb approach common to Indian police. What is required is a highly
intricate organisational policy imbued with specialised skills and insight of the highest order
to human nature to inspire, motivate and get most out of the manpower at disposal. This
involves balancing in police many contradictions inherent to human psyche. In one hand, the
police force has to be steeped in professional pride, while on the other hand, taught to
accommodate in its character, the need of perfect obedience to the verge of servilitude in a
stiff hierarchical order. It has to be tuned to be loyal to authority while its ultimate loyalty
must go to its professional objectives and the rule of law. The police have to be tough and
fearsome to criminals and law-breakers while it has to be gentle and friendly to the plebeian.
They have to be led to be law-abiding model citizens while day and night deal with hardened
criminals requires to break the latter to submission. While they are attuned to the interplay of
ranks and status in the stiff hierarchical order of the force, they have to be compelled to treat
all as equals and exercise authority even on the people at highest levels in society while
performing duties. The list goes on endlessly. The cardinal task of balancing these
contradictions in police is the real challenge of the police administration.
FIELD SITUATION
While police administration is a highly specialised field requiring extra-ordinary skills the
present police administration in India is archaic at best and maladministration at worst.
Actually there is no administration worth the name save some mechanical motions and
unintelligent convulsions to provide body and shape to the organisation as time to time
responses to day to day challenges. No long term plans. No organisational initiatives. No
growth and coordination studies. The organisation takes care of itself depending upon need
factors. The maximum, police administration in India does is controlling initiatives and
works o of the police by throwing hurdles to prove existence. As far as morale, motivation
and mental well-being of the manpower are concerned, the contribution of Indian police
administration is absolutely nil. Police administrators believe that they have no role to play
in the morale and motivation of the police organisation. Threats and suppression are the staple
of manpower management in police. Wastage of human resources and man-days is the
general rule. Quality, efficiency and character are inconsequential. Assessments are
.133
PRAVEEN KUMAR
misnomers. Personal behoofs are the centres of all decisions. Accommodating the desires of
higherups in official and political circles and the powerful people in consideration for quid
pro quo is the accepted norm of Indian police administration.
A CUSHY JOB
Police administration provides good covers to meet long cherished desires and therefore
considered as a cushy job. A police administrator can avail for himself from the police
organisation all behoofs inherent to police job like best available transport and
communication facilities and orderly services at will. The police network throughout the
country would be at his personal service wherever and in whatever way he desires it. This is
an invaluable asset for him and his kith and kin. In the name of various studies concerning
police, he can visit foreign countries at his will and convenience at government expenditure.
Recently, a regional edition of a leading national English newspaper raised a hue and cry on
its front page for several days followed by a flood of letters to the editor against a visit of the
home secretary of the state with a huge contingent of inconsequential police officials to a few
western countries, supposedly to study crime and traffic problems. The newspaper called the
intentions of the study apocryphal, the study gratuitous and the foreign tour during the
holiday season of those countries without first obtaining the assurance of cooperation of the
host countries in the study venture as outrageous and cried for stopping what is called a
pleasure trip. Its hullabaloo proved infructuous and the contingent completed the tour malgre
tout. When the home secretary visited foreign countries again after six weeks for the same
purpose, the national newspaper did not dare to make an issue encore.
.134
PRAVEEN KUMAR
from a position of strength. Police personnel shamed and humiliated in their career can never
face the public from strength and do good policing. The tragedy lies in police administration.
Its vanity belittles the police, breaches its pride, shatters its self-image and destroys its good
public image by scrupleless and selfish interferences in police affairs. Indian police
administrators are too unenlightened to realise this basic psychological imperative of good
policing. The irony lies in that, that they crassly indulge in exactly the opposite, that is
crushing the professional pride wherever it is traced raising its majestic head in the police.
Sadly to meet personal ends. Perhaps men in no other government departments suffer
humiliations for humiliationss sake as in police. This is true of all levels including the higher
ranks in police. Suspensions and disciplinary actions are a common phenomenon in Indian
police. When no grounds selon les regles are available for disciplinary proceedings, resorting
to unfair and indecent measures like withdrawing vehicles, telephones and other facilities,
denying promotions, transfer to humiliating jobs created for meeting such eventualities,
keeping on prolonged compulsory waiting without a job etc are the common scenario to face
even by very senior level officers in Indian police. These humiliations weaken their position
before the public as well as subordinates whom they are supposed to control and guide with
the strength of their leadership qualities. What leadership one can have while he himself is
wronged and humiliated from above for no apparent reason? This is the atmosphere in which
Indian police, police the crime world. The consequence is a weak and confused police force
with low self-image, low morale, low motivation and servile complexes sans confidence and
public approbation.
ARROGANCE OF POWER
A factor responsible for maladministration becoming the abracadabra of police
administration is arrogance of power. The police is the real power; the crux of the state
power; the enforcer vi et armis on the field, not on papers as most other government agencies
are. Police administrators wield power on the enforcers of the state power. Ergo, police
administrators enjoy the temulence of holding the ultimate power. Power breeds arrogance;
ultimate power, ultimate arrogance. This is the source of the unamated arrogance of the police
administration. The sweep of a arrogance is so strong that it has no patience to rules, laws,
codes of conduct, moral values, natural courtesies and human dignities. The only goal of the
police administration in the ambience of arrogance is proving its invincibility a tout prix.
Neither the well-being of the police administration nor the upkeep of laws of the country have
any say in choosing the means to achieve this end. Police administrators going hors la loi for
this vain goal is the rule in the country. A recent example is a senior police officer in a state
who insisted for suspension or transfer of a subordinate after a criminal case of forgery,
cheating, falsification of records, breach of trust etc involving misappropriation of about
Rs.36 lakhs during discharge of official duties was registered against the subordinate in the
police station by his department. The latters good connections in the higher rungs of
administration prevented any further disciplinary actions imperative in such circumstances.
The insistence of the senior officer in writing for departmental procedures against the
subordinate inconvenienced the administration. The insistence of the senior officer in writing
for departmental procedures against the subordinate inconvenienced the administration. The
thinking of the administration was that, that how a police officer at whatever rank can insist
disciplinary action when it has decided against it for whatever reasons. It decided that the
recalcitrant senior police officer had to be brought around and taught to conform with its
decisions, by legal or illegal means. The machinery of administration ground is so hard that
the senior police officer found continuing in his position practically unbearable and
.135
PRAVEEN KUMAR
impossible. He went on indefinite leave, rather forced to do so. His harassment was so acute
that at one juncture, he addressed the head of the government, doubting the mental well-being
of the perpetrators of the harassment and requested to save the department from the prise of
psychopathic tendencies of the concerned. The Chief Secretary of the government after
hearing him in August 1996, issued instructions for providing the senior officer an alternative
posting forthwith. The police administration in a show of rare defiance, resisted the
instructions of the Chief Secretary till the latters retirement later. It was only after the
principal secretary of the chief minister took interest in the case that files moved against the
wishes of the home secretary and the four month vanavasa of the senior police officer came
to an end. En attendant, the subordinate with criminal charges continued bien chausse in his
cushy job. The new Chief Secretary in the beginning dove-tailed to the depraved home
secretary against the sound judgement of his predecessor on the ground that he never had an
opportunity to know the senior police officer. This is how police administration is run in
India.
.136
PRAVEEN KUMAR
risks to his life and honour to gratify and pander to the needs of his master, because of his
sequacious job culture. This is the reason why police administrators spare no efforts and lose
no opportunities to beat, terrify and cow down a policeman of whatever rank, status and
enlightenment though they know well that they are sacrificing the interests of the professional
pride of the police, its commitment to the profession, efficiency, organisational interests, the
interests of the rule of law and national interests at the altar of their personal grists in doing
that. Service rules and jus naturale are arriere concerns to them in exercise of their
governmental powers to chevir this goal. No normal human concerns nor common courtesies
for fellow beings deter them from pursuing their evil designs. The recent example is an
upright officer of the rank of Additional Director General of Police in a state. A scholar in
diverse fields, he is known not to easily bend against his conscience. This rendered him
unpopular to the police administration. While he was holding the post of state prisons chief in
1995, he addressed government about tragic security lapses in a major prison of the state and
sent proposals to government for improving the situation. No actions were taken on them by
the government. In the closing months of 1995, a mafia gangwar ensued in the state capital
led to murder of a gang leader lodged in the prison. Government ordered an enquiry into the
matter by the home secretary of the state. The latter who algate found the ADGP of his same
age, rank and status an inconvenient candidate for his esoteric urge of bringing police to
submission. He found a golden opportunity in the enquiry. The ADGP was immediately
removed from his position and refused any posting for the next 3-4 months though as the state
prisons chief, he cannot be held responsible for the security breach in the prison, particularly
while his report on the matter was ignored by the government . If anybody was to be acted
on a highest levels for lapses in the prison, it was the home secretary for not acting on the
report of the ADGP. If it is the position of officers at highest ranks in the police in the hands
of police administration, how precarious is that down the ladder, can only be imagined.
.137
PRAVEEN KUMAR
.138
PRAVEEN KUMAR
.139
PRAVEEN KUMAR
interests are subordinated to personal behoofs. Though this proclivity is prevalent in all fields
of present India, its adverse effects are kenspeckle in police as the line-system of the
organisation makes the ingenuity of the human resources management a factor having direct
and immediate bearing on the efforts of humanising the police.
ORGANISATIONAL MEASURES
An earnest effort from the highest level to infuse the crme de la crme characterised by
genuine human stuff, probity and commitment is the foremost need of the police. The
prevalence of police administration over general administration in the survival of a nation as a
democratic and orderly country necessitates changes in recruitment policy. This is to ensure
that only those with a deep natural humane disposition step into the police so that the
arrogance and savagery bred by the environment do little harm to the public and the tenue of
humanism continues alongside policing work.
The chief cause of the police seldom being humane in Indian is its ineffective training
facilities. In spite of adequate infrastructures available for police training in India, these
centres largely fail to offer quality training to humanise a recruit adequately to stand up-to
the challenges of the temulence of the arrogant and feral environment that policing breeds.
An overhaul of the extant training facilities in terms of quality, content and character in
favour of humanised policing practices in inevitable to keep the police excubant against the
depravity of the modern society. There has to be a psychology faculty in the centres to build
character and strengthen human fibres. The training centres should lay emphasis on
attitudinal change in recruits and develop the skill of humanised policing. The training
centres should give the impression to the public of being temples dedicated to humanising the
police apart from actually being so.
.140
PRAVEEN KUMAR
Rogers in On Becoming A Person, says, The more fully the individual is understood
and accepted, the more he tends to drop the false fronts with which he has been meeting life,
and the more he tends to move in a direction which is forward. The conviction of fair
treatment and concern for human dignity in the policeman deeply affects his comport beneath.
An atmosphere of respect, dignity and fairness resiles his self to its pristine charm of
innocence and couthie disposition. On the other hand, the strains of humiliation, contempt
and scorn drive him to catharize his frustrations and indignities on both those lower in the
hierarchy and the members of the public who come to his doors au desespoir for redressal.
The spite and the feral indiginities he inflicts on those at his mercy would be pro rata to
those he is subjected to by his leaders. A policeman shabbily instated in his organisation
develops a poor self-image. Solley and Murphy analyse this when they say He perceives,
responds, acts and communicates in terms of his complex self-image leads to adjustment
mechanisms. A policeman, proud of his self and work is created by respect to his individual
dignity that develops a confidence about humane strains subjacent in his persona and dares
him to betray the human responses that are so natural to his entrails and makes the police
environment in the country besprent with the milk of human attributes like kindness,
tenderness, elegance and civility.
.141
PRAVEEN KUMAR
mundify old nasty habits should find priority as a substruction on which the edifice of the
efforts of humanising the police should be built.
.142
PRAVEEN KUMAR
.143
PRAVEEN KUMAR
.144
PRAVEEN KUMAR
.145
PRAVEEN KUMAR
National security policy is the craze of super powers of the world today. It is the essence
and unifying factor behind all national policies of most developed as well as developing
countries. Whether it is foreign policy, defence police, economic policy, industrial policy,
trade and commerce policy, science and technology policy or human resources development
policy, they are all oriented with an eye on national security and implemented to boost the
national security goals. Most developed countries have exclusive super agencies reporting
directly to the head of the government to advise on, oversee and mastermind national security
policies and its operations. The US has the National Security Agency (NSA) doing yeoman
service to the country as the national security advisor to the president of the country and
enjoys powers superior even to the CIA in national affairs. Israel and Russia have their
efficient equivalents at political levels to formulate their national security interests. Most
developed countries have created their own gestalts to mastermind matters touching national
security interests with powers invested to override decisions of other departments when
national security interests are at stake. India is yet to learn lessons from these developments.
.146
PRAVEEN KUMAR
launches to the outer space and other space programmes. Except for isolated cases as in
Pakistan, India is yet to fully utilise the services of world-class mercenaries in its clandestine
operations as in vogue in almost all major gray operations worldwide. Security services in
India unlike other countries world over, do not weigh high in the national priorities of the
country.
SPECIAL BRANCHES
This affairs are worse in Special Branches or intelligence units of states and union
territories. Special Branches have become pure and simple tools of political intelligence of
ruling parties with surveillance over political opponents and assessment of field situations for
the benefit of political masters becoming the piece de resistance at the cost of law and order
concerns accrescently losing importance in the portfolio of their responsibilities. As far as
internal security is concerned, they are rather passe and ill equipped for the task in
manpower
resources, hi-tech equipments, expertise, organisational
efficiency and
motivation factors, save some routine VIP security exercises sans any expertise in it. That is
also meant just to oblige and gratify political masters and provide grandeur to their
presences. Their assets in news media which is sine qua non for a sound Special Branch is
rather impoverished and mostly confined to local newspapers for the purpose of
disinformation and keeps track of news dissemination. Occasionally, these contacts are
misused to promote favourite subordinates as authors or experts in a discipline. The
ambition of these Special Branches providing skilled recruits to security agencies at the
national level remains a far-fetched dream in the situation of gross unconcern for national
security commitments.
.147
PRAVEEN KUMAR
aspects for the sake of a single role of political clout is suicidal tot he countrys security
interests. It is public knowledge in India how VIP security has become a public farce with all
kinds of people with some lobbying muscle striving and obtaining a security classification
depending on the type of money and power they have so that they get the cover of highly
trained police personnel as a caract of their prestige and social standing. It has to be
understood that all matters concerned with national security are highly sensitive and
considerably grave entities and need to be treated as such. They should not be allowed to
stoop to epideictic exercises for the benefit of a few powerful as witnessed in democratic
India. Such abuses lower the gravity of national security commitments. National security has
to be treated and respected as a matter of highest priority and insulated from the trifle fancies
of superficial leaders. The strength and relevance of national security to the country lie in its
esoteric and purposeful operations; not in pandering to the superficial needs of a powerful
few.
.148
PRAVEEN KUMAR
corruption. Unless something is done fast to return the vitality of the professional pride and
commitment, Indian police may irrevocably fail the country in leading it forth to the centurymark of Indias independence.
.149
PRAVEEN KUMAR
.150
PRAVEEN KUMAR
The present police organisation and administrative system have to be overhauled in the
near future as the ineffectivensess of the extant system becomes increasingly obvious with the
flaws in the edifice starting to gape wider. The areas wherein restructuring may be desirable
and the thrusts sine qua non to stuff the hiatus valde deflendus to have a featous police setup,
quite capable of facing the challenges of the future, are discussed below.
The proclivity of weighing the police with reinforcement of all types of legislations has
become a major hazard to effective policing. While the proliferation of legislations in
independent India made it impossible even to keep track of their numbers, it is senseless to
ween the police as being able to enforce them all. The stupendous task of enforcing these
legilsations adversely affects the effectiveness of the police and corrodes its credibility. This
is emphatically so with social legislations which pass out of our legislative houses sans
cohibition. These progressive measures are inherently controversial in nature and their
enforcement by the police weakens its credibility as an agency of serious business and
peremptory order. It is plauditory to conceive of the police as a vehicle of progressive
measures, but in the process, is certain to put both its credibility and professionalism into
jeopardy as the social legilsatioons lack depth and gravity to enforce them and assiduous
enforcement may ricochet as an out-cry of harassment and high-handedness. It is not in the
interest of the country to expose its police to such civil contecks and suffer it thereby.
India can have an independent social policing system under the social welfare ministry to
which police officers with a flair for progressive measures may be deputed. The social
policing system as a professional enforcement agency of the social policing system as a
professional enforcement agency of the social welfare ministry can do an effective job in
enforcing progressive social legilsations with all their nuances, by fully devolving on it while
saving the police organisation from the embarrassment of handling issues to which it is not
equipped either mentally, proffessionally or organisationally. This measure will exeme the
police organisation from unwarranted pressures and enhance its legitimacy in handling
serious security and law and order issues.
The growth of police functions as adnated to present life-style of increasing complexity is
enormous of late with policing slinking to the vitals of all streaks of social and nonsocial
living. Policing slinking to the vitals of all streaks of social and nonsocial living. Policing
has become a hi-tech affair these days with scopes for further advancements. Each major
activity of policing like maintenance of order, investigation of crimes, collection of
intelligence and security operations have assumed such an independent status of non a such
expertise and professionalism that these fields being inhered is neither desirable nor feasible.
Nor in the circumstances, does shifting a functionary from one field of expertise to the other
help his overall performance. Anfractuosity in any one of these fields of specialisation for
life is becoming a requisite as time goes by.
The futuristic policing of India must have its subordinate police as professionals in a
given field of specialisation, say maintenance of order crime investigation, intelligence
collection or security operation with synergy manifesting only at higher levels. So India may
have independent law and order police, detective police, special police and security police
each separately recruited and trained for professionalism and expertise in their respective
fields. Officers from all these specialised fields should be eligible to rise to general policing
at higher levels on the basis of a pro rata quota system for promotions.
.151
PRAVEEN KUMAR
The increased preoccupation of the police with law and order and security issues in view
of the growing cataclysmic activities in the country has adversely affected effective crime
administration of late. Police stations have become registering stations as far as crime
administration is concerned. The time of the local police is fordone with immediate issues of
law and order and VIP security, and in the process, crime investigation has become a
casualty. The process may further deteriorate as security and law and order problems increase
in coming years. Neither the crime staff at subordinate levels nor the supervisory staff at
district and higher levels, in the melee, have the will or the resources to divert to crime
investigation while the crime rate in the country is assuming dangerous proportions.
Crime investigation should not be allowed to suffer because of disorder and insecurity in
the country, as otherwise, a vicious circle may develop wherein disorder and insecurity lead
to fall in investigation and flabby investigation in turn, to patulous disorder and insecurity.
This triste development may be effectively dealt with by an independent crime setup, parallel
to the law and order outfit.
An independent crime outfit in district and state may exquisitely behove to a futuristic
police setup by giving crime investigation a boost and insuring it against the peracute pangs
of organisational maladies of the future.
The compulsions of urban policing are strikingly different from those of rural policing.
Response time is the hallmark of urban policing where a delay of a few minutes can make a
difference between death and life as criminals and terrorists with the most sophisticated
communication, and weapon system and hair-raising organisational accuracy overawe the
police, pitted against them in the course of their criminal operations. The present police
station-oriented policing is incomeptent to meet the challenges of the urban criminals either in
resources or in organisational ingine. Further complacency in re own procinct may stifle the
very policing system of India.
Unity, resoursefulness and speed form the spine of urban policing. The control roomcentered policing in urban centres where men and transportation and latest communication
facilities that work round the clock in shifts enables galvanic operations to tackle law and
order problems.
This outfit with unlimited resources at its disposal for launching any type of
operation within a few minutes of communication may suffice to meet the challenges of
maintaining law and order in urban areas in the new age.
The chief cause of policing never being a profession in India the ineffectiveness of its
training facilities. In spite of adequate infrastructures available for training police officials of
various ranks these centres largely fail to meet the quality required to make a recruit a
thorough professional. An overhaul of the extant training facilities in terms of its quality,
content and character is inevitable to keep the Indian police excubant to future challenges.
The training facilities should be made centres of scholarship and research on police subjects
with professionals of national reputation in each subject handling their respective subjects.
The psychology faculty of the centre should endeavour to build character and infuse right
orientation among the recruits. The faculty members of the training centers should be
exceptionally well paid so as to inveigle the best in the field to join. Army officers must
handle outdoor classes. This model helps in instilling the highest standards and expectations
in trainees till they become full-fledged officers and orient them to become professional
.152
PRAVEEN KUMAR
police officers, apart from distancing them from the moderate influences which are herded to
handle police training centres in the present setup. The trainees must be exposed to police
officers as guest speakers, by inviting very senior police officers of the highest integrity and
job standards to deliver talks on specific topics. Separate professional training courses should
be available in the training centres for law and order police, crime police, intelligence police
and security police with scope for advanced learning with an eye to the latest developments in
each respective field. Latest training methods should be adopted with management,
computers and advanced psychology inter alia as the common subjects of study for all the
courses. The training centres should give the impression of being temples of advanced
studies apart from being so.
Policing requires commitment and dedication on the part of its operators. The principles
of faith and responsibility must run invisus through the vitals of the policing, should it be
purposeful and successful. The extant bureaucratic malady that infested the Indian police
setup cohibits healthy policing practices. The police organisation should be reoriented to
develop a professional approach to its operations with full faith and responsibility as the
hallmark of the delegation of power. The present emphasis on procedures should be shifted
to commitment and result-orientation within the ambit of the rules.
An analytical study of policing, its trends and modern techniques helps to bring
professionalism in policing. Due encouragement for the study of theoretical aspects of
policing and its application in the field through in-service training will be a welcome step in
this direction. If police managers succeed in inspiring in police officers an interest, in
theoretical aspects of the policing and its latest techniques, it would be a kenspeckle leap in
abraiding Indian police to the challenges of the future.
Policing as a phenomenon of maintaining order and security in society cannot afford to be
oblivious of the flux in the modern lifestyles. As an integral part of civil living, policing must
prepare itself to amate the increasing complexities of modern life by modifying its
organisational and administrative setups to the demands, these vicissitudes create. The
changes warranted in policing may either be deciduous or peremptory depending on the
nature of the transition in society. It is left to police planners to analyse the nature of the flux
in the society and locate the areas where decession from the past practices has become sine
qua non for policing. This should be an ongoing process if policing is to retain its relevance
as the guardian of social discipline. The futuristic challenges of policing would be pro rata to
the twists of the future living. The prospects of Indian population reaching the mark of a
billion and the concomitant luctation of two billion needy hands to grab a share in the
countrys limited resources of food, shelter, water, clothing, electricity schooling,
employment etc., naturally make life a cut-throat concours and a ruthless adventure devoid of
scruple, human values and concern for fellow men. It would be a fight for survival with less
competent and skeigh gentlemen going belive hors de combat. The kenspeckle pejoration had
already set in from the early sixties. Though the Indian policing system managed somehow to
deal with the vicissitudes till now, the geometric acceleration of the flux of the coming years
may prove to be too much to the extant police setup. Therefore, it si high time now that we
prepare out police organisation and administration for the future challenges.
.153
PRAVEEN KUMAR
.154
PRAVEEN KUMAR
committee to bring all intelligence agencies under a single umbrella has not met with much
success in independent India. Save routine inconsequential papers and reports, intelligence
agencies and elite security and protection groups of the country work in isolation from each
other with no coordination to speak of. It is so also with police training and research
agencies, working in their own ivory towers abstracted from field requirements, as there is
neither the institutional mechanism nor the will to come together, interact and cooperate.
Reasons are many for these barriers. Police forces work under different governments and
ministries headed by politicians of their own political and ideological agenda. State and UT
police forces follow the agenda of their respective governments. Among the central police
agencies, CBI reports to the ministry of personnel, intelligence agencies to cabinet secretariat
and most of the other agencies to the home ministry. Egos of the heads of these governments
and ministries come to play in the style of functioning of the police forces. Added to this is
the bloated egos of the heads and chiefs down below the line of these organisations.
Together, they prove a deadly combination against creating a mosaic of police environment in
the country. Each piece works on its own in artificial isolation from the other. This is the
tragedy of Indian police.
Good fences make good neighbours. But, this is not true of organisations forming the
splinters of gestalt dedicated to common goal like policing. Cooperation, coordination and
synergy for concerned efforts are the needs here. Symbiosis, not fences makes sense here.
Organisational goal is the raison detre and has to be reached by all means and resources.
Every failed opportunity lost to do better signifies a failure. Every failed opportunity to
interact with a potential source is an opportunity lost to do better. Every wasted mutual
relationship signifies a failed opportunity to interact. Every missed beneficial contact is a
wasted mutual relationship. Such beneficial contacts being infinite among police
organisations, moving towards the same goal of security and rule of law, the dimension of
the lost opportunities to do better can only be imagined. This is what is happening in Indian
police: police forces failing to pool together their immense potentialities by each going its
separate way. And each looking shilpit and weak sans mutual support in the process.
Lack of coordination is not just an inter-organisational challenge. It is an intraorganisational problem too. In the mosaic of state police force under a single police chief,
myraid subordnate units pull apart from different sides and defy the compulsions of
cooperation and coordination inter se, required in the interests of the organisational goal.
District police units and functional units like the crime branch special branch, armed forces,
training units, police research and administration units, each function independently and in
complete isolation from the other in violation of the call for synergy from above. The
tendency of going alone is inveterate in Indian institutional psyche. Ultimately, it is
individual performances that is recognised and appreciated. Institutional performances have
few takers in Indian environment. Cooperation and coordination though spawns better
performance, the prospects of shared recognition and appreciation are deeply resented.
Recognition and appreciation get precedence over organisational objectives in the present
environment of Indian police. The remedy lies in restoring organisational objectives to their
rightful place in the ambience of police. The immanent prevarication of the police from the
professional path and the ingrained slant to self-agrandisement make it easier said than done.
Border meetings are rare. More than that, often they are meaningless exercises conducted
for the purpose of record. Joint operations by neighbouring police units are rare to the extent
.155
PRAVEEN KUMAR
of being unheard of. Resentment to take advantage of the specialised units like crime branch,
special branch, training units etc is also evident. The only exception is the services of the
armed police in states and the paramilitary forces at the centre. The reason is that the utility
of these forces in controlling unruly mobs overshadows the problems of ego-clashes and
recognition.
Mutual indifference is just one side of the problem and simpler in that. The other, more
complicated face of the problem is inter-organisational rivalry and attempts to sabotage the
works of each other. This manifests in two forms: One, as a self-surviving, instrument and
the other, as a result of jealously and one-upmanship. Police in a region collude with lawbreakers of the region wherein the law-breakers restrain from creating problems in the region
in exchange for trouble-free life from the local police. The criminals are allowed free to
operate anywhere outside the jurisdiction of the local police. The arrangements can other
passive or active. In a passive collaboration, police, do not actively assit the law-breakers in
their nefarious activities outside. Just that the police knowingly shut eyes to the existence of
the criminals in exchange for the latter refraining from stirring water at their ponds.
Criminals in exchange for the latter refraining from stirring water at their ponds. Criminals
use the places for retreat and rest. They serve as hiding places for the criminals. Criminals
need such places of retreat and rest to fall back after their activities outside. Bangalore serves
as such a retreat for most terrorist groups including Naxalites, LTTE,ULFA,Kashmir
separatist and radical Akali cadres. The terrorists avoid striking anywhere in Karnataka and
unnecessarily stirring the police there. In return, Karnataka in general and Bangalore in
particular is used by them as a retreat for hiding, rest, medical care and strategic meetings.
Sivarasan, Subha and their associates hid in and around Bangalore after assassinating Rajiv
Gandhi. Naxalites are often noticed taking medical treatment at various private clinics in
Bangalore. So also other terrorist groups. Local police avoid acting against them unless
compulsions dictate otherwise, so that dogs in slumber are allowed to continue to sleep.
In an active collaboration, both the police and the criminals or one of the parties actively
assist the other. The police may assure and actually provide protection from potential
troubles. They may leak intelligence about outside police organisations operating against.
The hors la loi on their part may use their criminal skills to the advantages of the police in
sabotaging the interests of the rival police organisations apart from sharing the res gestae of
their operations with the police. The police may use the criminals to raise crime rate at
particular areas in the neighbourhood or create law and order problems there for strategic
benefits.
Even in case of cooperation and coordination as a state policy, coordination may become
a casualty in the absence of purposefulness and commitment. The combined operations of
Karnataka and Tamilnad police often with the help of BSF in the forests of M.M. Hills region
along the Karnataka-Tamilnad border against forest brigand Veerappan is a point. Nine
years of combined operations yielded no results. Lack of coordination among Karnataka and
Tamilnad police is often stated as a source of the glitch. Approach of the police of the two
states to catch the brigand is presumed to be at variance. Tamilnad is considered to be
relatively soft to the brigand while Karnataka, that lost many of its officers and men to the
guns of the brigand, is after his blood. Au reste, absence of bureaucratic and operational
coordination between the police of the two neighbouring states and survives in his exploits
sans souci. As a strategy, he strikes inside the borders of a state and escapes to the forests of
the former state after striking inside the borders of the other state. A perfect coordination
.156
PRAVEEN KUMAR
between the police of the two states should have made the operation easier and more
feracious. But, it is not to be the case. The game is going on and the police of both the states
are frustrated on end. The case of Veerappan clearly shows that border areas where
coordination between different police units are called for for effective policing, are havens of
criminal operations. Absence of coordination in police makes it so.
Sabotage of mutual interest is not a problem confined to Indian police only. It is a
universal problem and manifested in the police of even enlightened countries like the United
States. There are instances available of the CIA and the DIA, the intelligence brethren of the
United States government, trying to steal sensitive assests and useful agents from each others
furrow and undermining them when failed to win over. Such instances in the police of other
countries, however, do not make them en regle in Indian police.
Lack of professionalism and single minded commitment to organisational goals is the root
cause of the problem. Absence of an institutional machinery for affecting coordination and
efforts to define the scope of such a coordination adds to the problem. The so called border
meeting and occasional seminars and conventions are informal and far-between measures on
individual inspirations of a few, at best. In the ambience of absence of the spirit of
cooperation and coordination, such isolated inspirations seldom make abiding impact, Mutual
suspicion builds barriers. The problem can be overcome by two methods; One devising an
institutional machinery for such cooperation and coordination between different police
organisations with a rider of making their use binding in all relevant case. A compulsion
brought about by law for cooperation and coordination will go a long way in improving the
situation. Second, encouraging and cultivating the spirit of cooperation and coordination in
the police culture. Coordination at higher levels in key operations and exposure of the lower
levels to their success stories will bring necessary changes in the psyche of the Indian police.
Careful overhaul of the selection process to absorb right people and a training programme
devised to strengthen the characteristics of coopertion and coordination will go a long way in
building an environment of cooperation and coordination in Indian police. Work curlture in
police force must encourage it. Leadership qualities that realise cooperative and coordinated
efforts into reality and pave the the path for it, have to be made the bedrock of policing and
police character.
Indian police now is more a collection of splinter groups than a mosaic. There is no
rhyme or reason in their mutual relationships. Different police forces do not match with each
other. There is discord and cacophony; no concinnous music. Each Police organisation in the
tapestry of Indian police works for its own end at its own wavelength, spawning a picture of
disorderly melange. How such a motley crowd can perform the job of national interest
together? The disharmony cost India a Prime Minister and an ex-Prime Minister in the hands
of assassins and terribly suffered the country in the hands of the extremists of Punjab,
Kashmir and North-East. Dacoities are rampant. Threat to peaceful and orderly life is prolate.
Security is shaky. Crimes and steadily accrescent. Commitment to professional policing is
fractured. Public fund invested on the police goes down the drains. The resurrection of
Indian police must be built on the foundation of cooperation and coordination between
diverse police forces to make concerted policing possible. A semblance of unity in diversity
in the mosaic of Indian police is the need of the hour. A sense of belonging and oneness
among all police forces is sine qua non for effective policing. Unless this foundation is laid,
the edifice of Indian police is bound to crumble and collapse one day. No attempts to
resurrect Indian Police will ever succeed unless this basic need is fulfilled. A fractured police
.157
PRAVEEN KUMAR
setup as in India now is a dangerous drain on the public exchequer with unimaginably huge
money, time, energy and work wasted by seepage through weak joints. Once this problem of
cooperation and coordination is fully attended to, the money, time, energy and work saved are
enough to take the police to the heights unimagined before and infuse new life and vitality to
it. Unfortunately, no serious thought was given to this matter of utmost importance in the last
five decades of independence. It is high time now that Indian leaders realise the bevue and
make up for the lost time by giving their full attention to this nonfeasance. Only that can save
India and Indian police from the present maelstrom.
.158
PRAVEEN KUMAR
.159
PRAVEEN KUMAR
Criminal and other unlawful activities of the law-enforcers destabilise the democratic
foundation as well as the judicial system of the country. Police hors la loi while act as
harbourers and pillars of support to outside criminals and create havoc in the lawenforcing
system, no meaningful policing is possible. They boost the confidence of criminals and help
the spread of criminal activities. A true effort to arrest lawlessness in the country must begin
with pernoctation against outlaws within the police and drastic measures to snap their
connections with outside criminals. This brings the need of policing the police to the
forefront.
Efforts at policing the police must begin with right recruitment policy to ensure that only
right people enter the job. Next important stage is right training. Third stage is creation of
right ambience of job culture within the service. Fourth factor is institution of a right system
of rewards and punishments on the basis of actual performance. Fifth is sensitising the top
brass of the force about the need of policing the police too make policing meaningful and
purposeful. An extension of this sensitisation is willingness of the police administrators to
track down unlawful and criminal elements within the force and efforts to deracinate hem
from the system as fast as possible. It is easier said than done in actual practice.
Obstacles to policing the police are numerous, ranging from clever use of loopholes in the
system and laws to circumvent the arm of legal authority to use of external pressures to
extricate from impending disciplinary proceedings. Police is a part of the world outside and
cannot exist in complete isolation from it. Their close interdependance and symbiosis make
them sine qua non for each. In the circumstances, they mutually influence and the
lawlessness and criminal tendencies of the society outside seep into the police system to allay
its resolve for self-policing, and corrode the process. This allay reflects in recruitment,
training, job culture, system of rewards and punishments and resolve to cleanse the system.
Concomitantly police lose moral right to policing anywhere.
Vigilance organisation does keep tab on all government organisations including the
police. The arrangement is simply inadequate to meet the needs of policing the police for the
simple reason that the scope of a vigilance organisation is more or less limited to activities
related to corruption and that its jurisdiction is so widely spread on all government
organisations that it can hardly do any meaningful work to cleanse the police even on the
single agenda of rooting out corruption. The pith of such a vigilance organisation being
constituted of police personnel, chances of sympathies for criminal colleagues are more than
incidental. That is why, vigilance organisation can hardly be an answer for the problem of
policing the police.
Service and conduct rules that guide the conduct and activities of government servants are
too weak an instrument to meet the needs of policing the police. Rules therein couched in
procedural hurdles and usual governmental loopholes can scarcely be effective in providing
the vigorous drive needed for the efforts of policing the police. It is a fact that these rules
achieve no more than keeping the government business going. They are not meant either to
inculcate true fear or induce motivation towards any end. Police cannot look to them for
sustenance of its need of policing the police.
An outside agency that can substitute for the lack of self-regulation in police is judiciary.
Both are closely-knit in the cause of the administration of law and justice. Police organisation
is functionally subject and subordinate to the directions of the judiciary in the dispensation of
justice and the rule of law. The ethos of judiciary prevents it from close and day to day
.160
PRAVEEN KUMAR
scrutiny of the police functions unless it resorts itself to pro-active mode in select cases when
warranted by the atrophy set in as in extant India. Judiciary is a disinterested and uninvolved
observer of the field trends unless it is forced to interfere in the overall interests of justice. Its
ethos prevent it from being an effective tool of policing the police save in rare and farbetween circumstances like the recent ones wherein handling of investigations of politically
sensitive cases came to public scrutiny and popular condemnation. Further, judiciary lacks
the infra-structure required to perficiently police the police. Judiciary is best suited to give
jolts once in a way on selective basis. This is just about to remind police about what is right
and what is expected of them rather than effectively policing the police.
Bihar is a distinct example of how police, putrid at the core, add to the atrophy of the
public life rather than bringing a sense of discipline there. Police organisation is not only
ineffective there; it foots the bill of being a setup of criminals in uniform. The claim of
justice Mulla of the Allahabad High Court in 1968 that if there was an organised force of
criminals in India, it went by the name of police, perfectly suits the police setup of some
major states of North India like Bihar and U.P. Though Punjab police did commendable job
in containing terrorism in Punjab the police in the job there at the time were almost sans selfpolicing. The point is that the same goal could be achieved with better self-policing in part of
the Punjab police. Nexus of criminals and police in Bihar is too striking to be ignored. The
police of U.P do not lag behind much. The misease is a common phenomenon in India.
Politicians hold criminals and police together from above for obvious reasons. In the
circumstances, policing the police from below becomes meaningless and purposeless even in
the unlikely even of efforts of self-policing within the police. The true clavis of policing the
police lies in breaking the noxious nexus.
Policing must begin from within and spread outward. Self-policing is the primus of the
responsibilities of any effective policing setup. It needs higher commitment and resolve as a
foundation to meaningful policing otherwhere. Self-policing must constitute the core of
activities of a police organisation worth the name. As only a flame within can shed light
outside and only a conviction within can spread confidence outside, a clean environment
inside only gives strength to cleanse the world around. The conundrum is how to bring it
about. Power corrupts; absolute power corrupts absolutely. Police as the arm of the state
power structure, enjoy enormous powers. Incidence of corruption is natural in the
circumstances. Corruption of police badly affects the hoi polloi and their trust in police,
judicial system and honesty of the government. A corrupt and lawless police makes lives of
plebeian a hell. Policing by a lawless and corrupt police is just a mockery played on hapless
people.
A cardinal measure in policing the police is making the unlimited power of police
accountable. The present provision of protection given for acts done under the colour of
office is largely misused. No proper mechanism is evolved to demarcate what to what degree
constitute acts done under the colour of office. Anything done in performance of official
duties including unlawful acts and often those done outside the ambit of official duties too
are carried piggyback under the clause of official protection unless the acts draw the public
scrutiny and become too hot to be defended by the birds of the same flock in uniform and
their godfathers above in government. Police being a closely knit organisation, its members
rarely let down each other as any of them may find himself in a similar situation at any time
in the prevailing prolate disregard for law in police . Also, the usefulness of police render
them protected for their misdeeds by the bureaucracy and the politicians. The outcome is a
police force with unlimited powers and protection against its misuse without any purposeful
.161
PRAVEEN KUMAR
accountability. No organisation with such powers, protection and lack of accountability can
develop any respect for law. The foremost need is forcing police out of this protection to
bring it en plein jour to accountability for every evil committed by it. Protection have to be
an exception rather than a rule for actions done in honest discharge of official duties. A
suitable machinery manned by disinterested persons of high standing can be instituted to
oversee the benefit of official protection is justifiable. Leaving the matter to official
superiors from the same flock may only serve the travesty of justice.
An important safeguard to strengthen the process of policing the police is insulation of
disciplinary and rewards system from outside influences. A sense of exactitude and
promptitude has to be injected to the system and objectively is made the abracadabra of the
process. A sense of certitude about penal action for a given failure has to develop in the
organisation. Punishment has to be pro rata to the gravity of the mens rea and adequate to
deflect others in the organisation from pursuing the path in future . More important, nothing
from outiside should deter the process, so that the feeling of security that one can save
himself from whatever irresponsible and unlawful act by bringing pressure from outside
remains no more available to schemers and worng-doers.
There are informal measures too, like transfers and selections of police personnel for
medals and other rewards. Presently these measures are careened towards money and
political clout one enjoys which is earned always by corrupt, immoral and illegal means.
Once weightage is given to right people in the organisation in posting to rewarding jobs and
selection for medals and other rewards instead of those with illgotten money and political
clout, the measure itself works as an enormous boost to the morale of the police force and
brings its members on right and lawful tracks. The first step here is bringing an end to the
present policy in favour of money and political powers. This step itself helps police force
enormously in weakening the prise of money and political clout on the police force. The
positive step of encouraging right personnel by proper transfer and rewards policy adds to the
benefit. These subtle measures can do wonders to the efforts of policing the police.
Intelligent employment of conventional stick and carrot method can certainly cleanse the
police setup and make policing purposive, meaningful and effective. What is required is
willingness to police the police to make the organisation condign of policing responsibilities.
The power of police does not lie in its numerical strength or the arms it weilds. The real
power of police is its moral strength and the image it presents to the outside world. A clean,
honest and professional police have galvanic effect on the public as well as law-breakers.
They are feared, loved, respected and patronised by everybody. This is an environment, most
conducive for perficient policing. Clean and professional police help the cause. A clean and
professional police is possible only with an effective tool of policing the police. The major
task in reforming and building a new police force to India is restructuring it with an inbuilt
mechanism of effective self-policing. How fast it is done, so much easier for the country to
build a healthier nation by the time India will celebrate the centenary of its independence.
.162
PRAVEEN KUMAR
.163
PRAVEEN KUMAR
psychological needs of human nature. New entrants must be handled with utmost care to give
them confidence and a feeling of belonging at the incipient stage itself. A sense of
confidence and belonging to the organisation and an ingenerate love and respect for the
higher ups are the substruction on which discipline grows. Efforts to inculcate disicipline in
a void a like waiting for rain from the autumn sky. Indian police impresarios failed to
understand such finer nuances of administration when they copied the system of the British
Indian police. And so we now have a police system where discipline is insisted on
subordinates sans the conditions requisite for the discipline. The recruits who enter the fold
with open sensibilities and high expectations, wither after braving for a while the brusque and
insensitive conduct of their higher ranks. These recruits continue thereafter to be constant
enemies of the higher ranks and the department for which they must continue to work for the
next three to four decades. A police department constituted of such members, thanks to the
shabby approach of the insensitive higher ranks in this most impressioanble period of the
formers carrier-life, cannot turn out eximious work. It is a tragedy that India neither spawned
a police force of its ain superior values nor copied the police force of the British vintage in its
entirety with its finer points, but cultivated instead a burlesque of the rough and mediocre
aspects of both.
WORK PRESSURE
All creations in their fraicheur and the natures bounty are kind and tender and elegant.
The strains of the environment cause inquietude in natures balance and leads to the
obfuscation of a few precious sheens from its innards. It manifests in loss of human factors in
man and his mental space turns intenible of human qualities by environmental strains such as
work-pressures.
The Indian police is weighed down with an impossible quantum of responsibilities and
tasks. This work-pressure adversely affects the mental balance apart from depriving those
tasks from the due attention. It is impossible to expect a man bogged down with
responsibilities and tasks to spare his time for the niceties of human qualities.
An important measure in humanising the police is to scale down the work-pressure on it
to a bearable level. An element of lightness in work makes the work environment dulcet and
provides an adequate mental space to devolve on the exuberances of human comportations.
HUMAN ASPECTS
The human aspects is the fulcrum of policing. Human comportment teethed with authority
to compesce the human mass forms the essence of police activities. Policing essentially is
human interaction, latitant in unending luctation to smite criminal and anti-social elements. It
is the human quality in the force that determines its effectiveness and vitality. Therefore,
human resource policy in a police organisation needs careful and gritty handling at the highest
possible level. People can afford the luxury of humaneness when they are insulated from the
quotidian diversions of their occupational hazards. A delectable service atmosphere mellows
their responses to those around them. They begin to see the world in a better light, in
conformity with the atmosphere around them and try to share these pleasant feelings with
those they come in contact with. The levity of the environment and the absence of strains
from the service-front facilitate their opening-up to give vent to their latitant human contents.
.164
PRAVEEN KUMAR
An effort to humanise the police cannot ignore the need to improve service conditions to
make the police proud to be enraced in the vocation. The sense of contentment generated by
the service atmosphere devolves to the public that interacts with the police. In addition, the
public learns to hold the police in esteem in conformity with its improved service conditions
and sophistication. The interaction between the police and the public can be a sound
substruction for humane policing.
HOUSING
Policing is a risky profession that draws antagonism and hatred by its very nature. It
involves round the clock duties, often at odd hours, at odd places in odd circumstances.
Retaliation by criminals is a constant risk under which policemen live. Their work constantly
exposes them to danger. The very nature of their duties necessitates their being treated on a
different footing to others in the government. The security of housing and other facilities
being genersously available to them is de rigueur. Indeed the spirit of the ancien regime
remains undisturbed in matters of housing facilities for the police. However, a much more
liberal attitude in providing housing and other facilities to the police is necessary to
strengthen the Indian police and make policing more effective.
WELFARE ACTIVITIES
.165
PRAVEEN KUMAR
Police forces administer welfare funds for the benefit of their members. The current
approach of disbursing money from these funds to needy applicants needs to arouse a sense of
pride and dignity even in receiving help from the establishment. Much thought has to go into
this aspect to make the welfare funds useful to them without giving the impression of charity.
If the funds go to them as their rightful share, they would be put to better use than as a
charitable contribution. A newly structured police for the new age certainly requires a fresh
approach to the utilisation of police welfare funds.
TOUGHNESS
The Indian police is not paying sufficient attention to the need for physical prowess,
sturdiness and skill in martial art. The need for attention to these factors during recruitment,
basic training and in service challenges is tout a fait ignored. A healthy and sturdy police
requires healthy and sturdy men and officers, capable of taking up gauntlets and defending
themselves when exposed to comminations. The need can be sidelined only at the risk of
weakening the organisation. The police is often required to defend itself in circumstances
when unarmed and undefended. Policing involves performance of tough and physically
trying jobs that can only be performed when policemen and police officers are physically and
mentally fit. The police, aspiring to a bright future, must attend to this need for its own good
health with genuine seriousness.
UNIFORM
A change in the existing police uniform is an issue to be deeply probed into the improve
the police image. The present khaki uniform of police inspires resentment as it is
psychologically associated with repression and violence. A change of police uniform to white
or pleasant colours may prove to be a measure for the better in removing the negative image
of the police. The overall strategy in selecting a new police uniform should be to infuse a
sense of oneness and quality among the ranks of police and inspiring a psychological
disposition of friendliness, confidence, dignity, respect and healthy fear in the public with a
compulsion to see the police as their own people, but invested with the responsibility of a
noble task.
.166
PRAVEEN KUMAR
WEAK LEADERSHIP
A factor that seriously affects the morale of a disciplined force like the police is weak
leadership, often affected by disorders of inferiority complex, in posts from where it can
affect the career of subordinates. This is a very serious situation wherein weak and insecure
leadership holds reins of the career of thousands of subordinates with many at very senior
levels. The feeling of insecurity in them colour their interpretation of normal conduct of
subordinates from their pusillanimous standpoint to interpret foursquare qualities of
subordinates as surquedry; normal reporting or explanation appears like an intrigue and tough
posture appears like insubordination. A desire to teach a lesson to the forthright subordinates
who make the leadership feel inferior is a natural outcome of this. This makes retaliation an
ever pensile threat to the career of the subordinates. And the threat, sine prole is true in the
police. This makes people of sound mind, a must in responsible positions in the police. For
an organisation like the police, the need of sound mind is more basic than any other faculty.
Should the prodigies of virtues like sufferance, intrepidity and four-square qualities in face of
odds constitute the bedrock of the police organisation, the force make meaningful impact on
the society.
The basic tenets of man management in police organisation discussed above are that a
person happy, contented and proud of himself makes his work situation happy, contentful and
something to be proud of, and ipso facto enriches his work and himself; that man au fond is
good natured, trustworthy and tends to take responsibility and if he is treated as such, he
certainly turns out his best work that if he is convinced that fairness is the rule of the game,
he is the easiest social animal to be handled. It is left to the police leaders to infuse these
tenets in their man management policy to get most out of the human stuff under their charges.
But the conundrum is that the police leaders need to be motivated towards the end, and who is
to motivate these police leaders to the task by own man management programmes?
.167
PRAVEEN KUMAR
.168
PRAVEEN KUMAR
democratic vintage. The evolution in world-wide policing practices and police system in the
latter half of the 20th century itself is portentous. National security activities gained primacy
neck and shoulder above the crime and law and order functions. With it came the grey areas
of clandestine operations across the countries. Police shed their uniforms and threw laws and
morals to the wind in pursuit of national security policy. They became international players,
hopping from country to country in disguise, committing murders, overthrowing
governments, forging passports, shipping weapons, training rebels, spreading, disaffections,
organising violent protests etc in the interests of their own countries.
SECURITY CONSCIOUSNESS
Indian police could not lag behind. Moving pari passu with the world trend is basic for
survival. The consequence was the rising prominence of security activities at the cost of both
the prevention and detection of crimes and the law and order functions. A craze for VIP and
VVIP securityis the Indian manifestation of the new security consciousness. World-wide rise
in terrorism gave way for specalisation in anti-terrorist operations all over the world. Crackforces became the spine of the security police. Anti-hijack squads were organised as an elite
force of the police. Advances in science and technology made national security a high-tech
field. Satellites, modern communication systems, high resolution photographics, laser beams
, night vision systems, computer technology etc made national security highly advanced and
comlex operations. The international developments only marginally touched Indian police for
lack of will to be a major player in international clandestine warfares. The only real concern
of Indian police more suo in the last half century was VIP and VIPs security. Here too,
performance did not match the concern as many of its important leaders including those
occupied top positions of Prime Minister and Chief Minister fell prey to assassins.
Indulgence of Indian police in form in lieu of substance, in number in place of efficiency and
in display where subtle moves were en regle led to the grave failures. The popular axiom of
Indian police to this day is that larger the number, better the security. Motto is countering
security threats with counter threats; or better, meeting security gauntlets with the show of
muscle power. The approach is the antithesis of modern perceptions and theories of security
policing. In Indian ambience, VIP security has become a fanfaronade; a procession of sound,
light and motions; a festive assemblage. Tragically, it is happening at the cost of law and
order functions and more so, at the cost of prevention and detection of crimes.
MUSICAL CHAIR
The situation is tardier in law and order functions. Obvious powers and tremendous
avenues for illgotten money make law and order jobs hotly sought after posts. Politicians
and people in power are the bestowers of these jobs on favourite few. Result is the desperate
concours of police officials of all ranks to aggrace politicians and people in power to corner
right spots in the musical chair. The ragmatical situation leads to law and order functions
losing the edge of fairness and objectivity in efforts to keep right people in right side. This is
how law and order police become law for themsleves or for their political masters against the
raison detre of a law and order machinery. The situation breeds corruption and encourages
partisan policing. Law and order duties being closely interlinked with the everyday life of
the people, police on the duties come in contact with them everyday and present the image
of the entire police force. The hors la loi image, corruption, inefficiency, meekness before
the mighty, insensitivity, arrogance and immanity to the hoi polloi, these are the cornerstones
of the epinosic image, the law and order police spawned for the benefit of the Indian police.
.169
PRAVEEN KUMAR
LOSS OF CREDIBILITY
Fences itself grazing the field in law and order policing led to the debasement of moral
values in public life. Money power became the effective counterpeise against the arms of the
law and the state power. Making money by any means became the secret of success. Frauds
and corruption became lucrative business. Governance was commercialised and State power
became a venal commodity. Administration process became a scelerate and police lost
credibility. People were forced to pursue illegal and unwholesome means in their dealings
with the State and the police for survival. Laws as means of the state power became
loathsome objects for the commonman. This spread unrest and protests and violent
agitations became the order of the day. The people and the police found themselves pitted
against each to break the other. Violent protests led to violent suppressions by the police.
Hatred spawned hatred and violence begot violence. This is where India stands today.
Violence by dalits, attacks by Naxalites, terrorism in Punjab and Kashmir, gangawars in
Bombay and Bangalore, lawlessness in Bihar and UP or enlevements by ULF activists speak
of the symptoms of the same malady namely lawlessness in the law and order police that
divellicate from its raison detre.
CHARTER OF PRIORITIES
The pressure of law and order functions and importance of VIP security sidelined
prevention and detection of crimes to a minor responsibility in the charter of priorities of the
Indian police. Preventive techniques saw no updating from the mechanical motions of the
pre-independent vintage. Prevention is forgotten in the pressure of other works. Indian
police come to picture only after a crime is committed for detection. Here again,
investigations are hijacked by political and money muscles.
CRIMINAL JUSTICE SYSTEM
Too many cases under investigation with investigators is a serious misease of Indian
crime investigation field. Work-pressure leads to cursory investigation. Third degree
methods are adopted for easy results. The malfeasance itself is a black-mark on Indian
criminal justice system. Corruption and political pressures lead to miscarriage of justice.
Cases are taken up for investigation, investigated and chargesheeted according to political
conveniences. Bails, arrests, searches, pace of investigation and timings of the chargesheet or
final report are subject to the equation between the head of the investigating team and the
head of the government. This is the situation at all levels including the premier investigating
agency of the country. Case diaries were tampered at highest levels before sent to courts.
Intentions of chargesheeting political heavyweights were declared to media before legal
compulsions of such a sensitive act was met. Cases of political significance were
chargesheeted on filmsy grounds and later equitted by the court. Inaction in some cases in
part of the apex investigating agency of the country led courts to monitor investigation of the
cases and warn of contempt proceedings for noncompliances. The apex court of the country
observed about the conduct of the heads of the premier investigating agency of the country
that there appears to be too many officers bitten by the publicity bugInefficiency appears
writ larger than performance. When the head of the agency was removed from his position
for misdemeanour, the media of the country fished in the troubled water to sensationalise the
issue; the apex court was constrained in the matter to observe that his removal should have
come earlier. This is the egarement to which Indian police condemned its criminal justice
system.
.170
PRAVEEN KUMAR
.171
PRAVEEN KUMAR
Amidst the diverse functions the police perform, the plebeian identifies the police with
maintenance of law and order. He sees the police in uniform intervening the incidents of his
everyday life beginning from a simple street quarrel to mob violence. He sees them
conducting raids on vice dens and restricting his actions and movements in the name of
public
interest. He sees their presence in well-nigh all state and public gatherings,
controlling crowd and maintaining order; in beats and villages, checking history-sheeters. As
a part of the law and order staff, traffic police in white uniform are visible controlling and
regulating traffic during rush hours. The hoi polloi have learnt to see the law and order
police as their saviours in hours of need malgre restrictions involved in the latters methods.
As far as public deals are concerned, help and support of the law and order police have
become sine qua non in the ambience of prolate fruad and unruly tendencies in public life.
Non obstante unvcivil methods and mouvais ton, ordinary citizens consider the law and order
police as a necessary evil and the pith of the public order. It enjoys a special place in the
psyche of the people as a hated saviour and a constant compagnon in public life. The image
of law and order police decides to them the image of the police in general. The law and order
police steeped in corruption makes them believe that the police force en semble smell
rammish and its good performances earn their unqualified plaudit to the entire force. The
strategic position of the law and order police in crime scene is patent from the fact that it
comes to picture right in time of a crime to prevent its commission as the true strain of law
and order policing while other wings are involved either too early as in the case of security
police or too late as in the case of crime police. The strategic timing brings them to the
centre-stage of crime management in the eyes of common people and wins them their trust
and confidence. Furthermore, the law and order police provide a rare praxis of symbion with
the law with each limiting and protecting the other unlike security police ectogenic and
crime police subservient to it. There cannot be laws sans the law and order police and no law
and order police sans the laws. This is the secret of the matchless relevance of the law and
order police to the orderly life of the country.
ABSENCE OF COMMON POLICY
Police stations are pillars of the law and order police reticulation with district police
offices in districts and police commissionerates in major cities at regional levels and state
police headquarters at provincial levels beholden to the responsibility. Intermediary levels
like circles, subdivisions and ranges coordinate the work interterritorial. Armed forces are
maintained as reserves at regional and state levels in addition at the centre to assist the law
and order police in highly disturbing situations. These are striking forces, specially trained to
handle serious lacunae of Indian law and order police is that no special training facility is
available for its staff for actually dealing with the quotidian law and order issues. It is rather
crude to expect the police to depend on past experiences and untrained personal faculties to
meet professional law and order challenges. The lapse leads to arbitrary handling of law and
order situations sans sound and uniform policy save peripheral measures to be adopted before
and during use of weapons and opening fire. The only help available to an official on the
field is the general guidelines of his seniors who are equally illequipped to handle those
situations. This complicates situations during actual actions by depriving the elements of
.172
PRAVEEN KUMAR
mutual understanding among the police and the subjects as a natural and essential factor of
successful policing, and ipso factor creates chaos. The situation can hardly be called as
professional policing of law and order. The uncertainties of each law and order issue added to
it, make handling of law and order in India, a pure maelstrom.
PULLS AND PRESSURES
Pulls and pressures are sine qua non in a democracy. Pressures of influential and
powerful blocs is an accepted phenomenon of the working of a democratic government.
This is patent in the working of Indian police. Police as an agency that limits the liberty of
the people pro bono publico and discipline those who prevaricate, occupy a strategic position
in the interpersonal and public life of the citizens and makes success and failure or life and
death differences to them and their ventures. The strategic position of the police is more
pronounced in law and order policing. Sadly law and order policing in India imprimis is
management of pulls and pressures in the wilderness of rules and laws. Law and order
policing has become a contrivement of bending and interpreting rules and laws to the
convenience of rich and powerful who can pull strings at right places. This is an irony of
democracy. These prevarications go conspicuous in acts of political avatars and subject the
police to serve public censure. Otherwise, it is a mute affair as the police algate are on the
vocal side of the rich and influential against dumb and helpless plebeian with none to fight
the latters cause against the risk of the wrath of the police save isolated cases of courage and
commitment. The situation is to the benefit of the police as the shocks of possible
disturbances by the prevarications are always absorbed by the powerful on whose favour the
police acted and the interests of the police are safeguarded avec acharnement by them. This
is a tacit arrangement between the police and the powerful wherein the police are really
lower partners in the high-stake game played for the benefits of the powerful bloc. The
police with their little statute and easy contentment, trade off their high powers to the mighty
people for the limited gains of the easy process of policing, career promotions, peaceful life
and and lucre. In the process, the police sacrifice the sacred objectives of its profession.
UNDUE STRESS ON PLAYING SAFE
The current abracadabra of Indian police in managing law and order issues is letting
sleeping wolves sleep and avoid further troubles. Who meet the requirement are hailed as the
best law and order hands. Sine dubio, management of law and order issues anywhere
requires handling situations without inviting gratuitous problems. But, the matter seems
overstretched in Indian ambience. Not ruffling feathers unnecessarily is indubitably a
priority. But, this should not be in shape of a compromise, at the cost of law and justice, at
the cost of professional objectivity like in extant Indian law and order machinery which
believes in calm at all costs; those who are adequately insensate to go to that length by
placating powerful trouble-makers only win races for coveted law and order posts in Indian
ambience. The consequence of the apostasy is that the law and order policing in India has
become progressively a nest of playing favouritism with utter contempt for professional
character. Those with a sense of objectivity and professional probity self foot the bill as their
professional uprightness falls foul with powerful lobbies who in tune with the thoughts and
fears of the higher echelons of the law and order police, create troubles to those who dared
not to favour them. The sleight leads to a vicious circle that perpetuates the wily interests of
the powerful at the cost of weak and dumb in the hands of the law and order police by
hoisting corrupt and lither elements in key law and order jobs. The conundrum is whether
being a part of such a vice system is as inevitable to the law and order police as it appears.
.173
PRAVEEN KUMAR
The answer definitely is in negative. An understanding of the trickery en train in the system
and a little toughness and resolve to stand up to the challenges of the powerful certainly help
to solve the riddles. The real question is whether the law and order police really want a
solution to the riddles or is it contented with what is there as its own making. All available
data point to the fact that the law and order police of India enjoy what is there as its own
making that provides them security and patronage.
INTOXICATING POWERS
Important responsibilities of the law and order police include prevention of crimes,
enforcement of laws, maintenance of public order, controlling rowdy activities, checking the
spread of vide dens, regulating meetings, processions, and other activities in public places in
the interests of the maintenance or order, controlling crowds, quelling mob violence etc. The
police are invested with a spectrum of powers which include powers to arrest, detain, search
seize impound, prosecute, levy collective fines, enter and take possession of private places
and buildings, use weapons to hurt and even kill to force compliance etc. Most of these
powers save in specified emergent circumstances are circumscribed by the need of obtaining
appropriate magisterial orders for exercise. The maintenance of law and order in large cities
is facilitated by investing the magisterial powers with police commissioners, often delegated
upto the level of DCPs in charge of law and order. The powers enjoyed by the law and order
police amate to their enormous responsibilities and perhaps rank first in range and the width
vis a vis other wings of the police setup. Unfortunately, the importance and the width of
powers of the law and order police per se are its real bane. The dependence of the common
man on this wing of the police and the fear, the police inspire prompt him to gratiate the
police by all his means. The incessant rush of people on the doors of the law and order
police for patronage creates farthing power-centres at lower levels, giving an image of feudal
lords to the chiefs of police stations who dare to preside over and pass judgements on small
local disputes irrespective of their relevances to maintenance of order and other police duties.
Marriages made in Police Stations are not uncommon in states like Karnataka and Tamilnad.
Favouritism abounds and rules and laws are sidelined at will in these arbitrary arbitrations.
This in itself creates angry frustrations among wronged people and leads to group rivalries
and clashes. Thus the police are integrated as an inseparable component of a deteriorating law
and order situation.
TOOLS OF PATRONAGE
Powers enjoyed by the police to control and contain vice dens and rowdy activities
provide a new dimension to the importance and manoeuvrability of the law and order police.
Powers are two-sided weapons employed for punishment as well as patronage. Human
nature being what it is, the police use its wide powers more as tools of patronage than as tools
to check rowdyism and vice dens in absence of professional commitment and motivating
factors to guide them on right lines. Organised crime syndicates vie inter se for the favour
and patronage of the police that ensure the smooth sail of their anti-social activities and
protection to the gang. The gang that gains upper hand in the race rules the roast till the key
figures in the police responsible for the patronage remain in power with the tacit
understanding that the gang operatates within certain limits to save the police from undue
embarrassments plus a subterranean arrangement to share the res gestae. The importance of
the police being what it is for the survival of these organised crime syndicates, the importance
of having right police officials in key positions for these gangs cannot be overemphasised ;
this leads to huge amounts changing hands to ensure that particular police officials are posted
.174
PRAVEEN KUMAR
to particular law and order jobs. The endresult is happy and secure crime syndicates in
highly lucrative vice business under police patronage at the cost of unassuming citizens and a
contented and richer law and order police running the show without a fluster of major law
and order scene. The hoi polloi too are contented because there are no major disturbances and
crimes with the underworld crime lords on the right side of the police. Only they do not
know how they are looted ab intra and their unsuspecting character is taken advantage of
and ravaged by the conspiracy of criminals and criminal-baiters namely the law and order
police.
LACK OF CONCERTED DRIVE
Any shakeup in key positions of the law and order police leads to the problems of
maladjustment among the crime syndicates for superiority and between the police and the
crime world with gang-wars and ascensive criminal activities creating real problems to the
police. Once the police come to terms with the crime gangs again, situation returns to
normalcy. Refusal by a four square official in a key law and order slot to cooperate with
crime syndicates invariably leads to further disturbances till the official is either brought to
heels or transferred out to placate the disturbed powerful gang-lords. It is a rather triste
affaire of Indian police that the resolve or the killing instinct to go tough with the crime
syndicates that play the police by their little fingers is just not present there. More distressing
is how upright officials who choose to fight powerful crime syndicates without yielding to
the temptations of easy and comfortable life feel isolated when seriously let down and
compromised by their own organisation by denying support at the behests of the powerful
crime lords on the mendacious plea of maintaining peace. In a case more than a decade old,
a young Deputy Commissioner of Police in the port city of Calcutta in West Bengal fell foul
with a powerful crime syndicate operating from the port area and patronised by a powerful
politician in power in the state. He was lured by the gang to pursue a criminal into the
strongholds of the gang in the port area; caught, horrendously tortured in captivity and later
lynched. Though criminal cases were registered later, nothing came out of the case. This
way a living lesson to upright police officers who dare to take on powerful crime syndicates.
SIDING WITH THE PRIVILEGED
A major cause of law and order disturbances is the absence of objectivity, fairness and
sense of justice in the police in handling important issues. The police tend to favour the rich
and privileged few in interpretation and exercise of powers to the disadvantage and outrage of
the weak and dumb majority. This in the long run, leads to resentment and breeds resistance
against the establishment and the system which conspires to perpetuate the weak and
unprivileged position by denying just and legal dues. The lex non scripta of the police that
whatever the rich and powerful do is right convince the poor and disadvantaged that the
extant system is not for them. The situation prompts wronged people to meet the system by
its own coin by going rich and powerful by means outside the system to force the system and
its police crawl before their riches and power for their pro-rich slant, en revanche. That is
why the ranks of rowdy gangs and organised crime syndicates surface almost everyday in
India to go rich and powerful at the earliest. They soon learn that riches and powers have no
laws and morality and the police bought with it have no weaker legal and moral authority;
that the police patronage is pro rata to the riches they earn and share. The notorious Chambal
dacoits are the makings of the social evils and the police patronage to its privileged
perpetrators. The fact that Indian electorate send ex-dacoits and criminals as their
representatives so state assemblies and parliament show the sympathies the criminals enjoy
.175
PRAVEEN KUMAR
with the people who are in touch with field situations and know how weak and helpless
people perforce run away from the society and go hors la loi by the outrageous acts of rich
and powerful with the police licking boots at their feet and letting loose brutality on whoever
dare to oppose the feudal lords. This by no means is justification of lawless life and meant
only to show how police by their greed and irresponsible handling of situations add to the
growth of crime and lawlessness in the society. Phoolan Devi and her associates from the
Chambal valley and UP and Bihar maifa gangs proved that criminality pays in India; it pays
wealth and fame as well as political power and love and respect of the people. If there is a
reason for this highly deplorable moral degringolade in the country, it is the highly
irresponsible and most detestable handling of the law and order situation by its corrupt
police, which the hoi polloi find worse than the Chambal dacoits and Bihar and UP mafia
gangs.
POORLY ORGANISED
All said and analysed, the impact of Indian police on the management of law and order
scenario cannot be called satisfactory. The Indian scenario is based on a few age-worn
cliches devoid of professional expertise, academic input and creative genius; the methods
employed are rude at best and arrogantly provocative at the worst. The whole range of law
and order management techniques of Indian police can be formulated in a few crude catchwords like mediations or warnings followed by use of force. Indian police have no in-build
advantages of researches to various types of law and order situations, psychological variables
of divergent law and order issues their social and political potentialities and group dynamics,
law-breaking tendencies and identification of and communication with potential law
breakers, stratified use of police powers at differential situations, application of latest
psychological techniques to field situations or rehabilitation vectors. Nor their performances
are up to the expectation in traditional contrivances like effective use of weapons, strategies
and tactics of operations and techniques of mediation or warning. The riot control weapons
used by Indian law and order police are yet age-old lathi and tear-gas shells; such common
weapons like water jets and plastic bullets are beyond the reach of police in most parts of
India. Nor is there a perficient machinery to gather information and intelligence pertaining
to law and order issues. The district and police station level machinery devised for the
purpose are illequipped for the enormous job because of their limited size, resources,
expertise and professional training. The law and order police often depend on the state
intelligence unit which with a scope different from the local law and order needs, may fail
the law and order police. The intelligence failures of the law and order police contributed for
eruption and spread of law and order disturbances in many instances. A striking recent
example of such a failure of intelligence is the Veerappan case wherein the combined forces
of Karnataka and Tamilnad police failed to humble and bring to book the notorious forest
brigand Veerappan who operates from the forests bordering the two states. Though the
operations by no means are easy, the failure of the efforts for ten long years speak volumes
about the strengths and weaknesses of Indian law and order police.
The most precious aes triplex of a law and order police is its professional honesty and
commitment to the objectives of the profession. The selflessness, impartiality and the sense
of justness and fairness bred from such a professional commitment endear the police to all
including its friends and foes. The trust and respect ensue from this, take the police along
way to success in its professional endeavour and protect it from enormous professional
hazards and risks common to the job. Once this trust and respect are breached by immoral
and illegal slants in discharge of responsibilities lucri causa and other selfish causes, the
.176
PRAVEEN KUMAR
police are exposed to the wraths of the public and the assaults of its foes and those crowds
wronged by it. By prevarications, the police are protecting neither their job interests nor the
interest of the country and its people; nor their personal interests are protected as no gains
made at risk to the life is worth the trouble. Indian police seld book so long and open eyes to
look around. Once they stop to shed their professional arrogance and see the mine-fields
underfoot, they realise the bevue they commit and may pursue a path befitting the diginity of
their great profession.
.177
PRAVEEN KUMAR
.178
PRAVEEN KUMAR
efficient investigation. Commitment to the job is one side of the need. The other side is the
skill of investigating economic offences.
Investigation of economic offences is a specialised job requiring special skills far
removed from the needs of investigating bodily crimes. An investigator of economic offences
has to be well versed in the intricacies of financial transactions, the dynamics of the market
forces, rules and laws regulating and controlling the financial market and the finer aspects of
auditing and accounting apart from a sound analytical disposition to interpret the data and
evidences during the process of investigation. He should command indefatigable patience to
scrutinise and interpret stacks of bills, vouchers, minutes, contracts, balance sheets, audit
reports, correspondences, records, registers and other documents. It is a time consuming
drudgery far removed from the glamour attached to it.
A point central to both economic crimes and their investigation is the willing cooperation
and participation of several related agencies and individuals in the operation. They call for
group-work involving meeting of mind and synergy towards the main goal. Symbiosis is the
sacred hymn of the operations. Indeed, there is a main player to whose initiative and plan, all
others contribute as and when required. Other constituents in the play necessarily include key
government agencies responsible for regulating financial activities in the country and its key
officials. Large scale economic crimes need their cooperation in shutting eyes to willful
violation of inconvenient norms and regulations of financial discipline and active connivance
in issuing official favours against rules to ease the passage of defrauding the public. Such
constituents may include commercial banks, the SEBI, The RBI, the Ministry of Finance, any
of the three credit rating agencies of the country, the auditors who audit the company or all of
them in synergy as in the CRB scam. Other ministries and agencies involved in activities
related to financial matters may also form part of such fraudulent operations. As CRB scam
made explicit, non-banking finance companies form the spine of such frauds on the gullible
public.
Investigation of an economic crime must cover the role of these agencies, the key officials
involved and the mens rea, the quid pro quo involved etc and support each fact with sound
evidences. The work necessarily requires willing cooperation of the agencies concerned to
provide related documents as evidence, interpret the meaning and significance of these
documents, explain the related practices, procedures, rules and laws and provide inside
information pertaining to the commission of the fraud au reste volunteering to be witnesses to
the crime. The investigators require guidance from these experts about evidences and the
course of further investigation to build up the case. This is a formidable job that cannot be
handled by one investigator and a handful of his assistants. An essential feature for the
successful investigation of an economic crime of large dimension is constitution of a team of
experts drawn from all related agencies to assist the investigator.
Investigation of any economic crime cannot be fair and square unless the investigation
covers all aspects of the crime. Localised investigation leads to unfair and partial justice.
The aspect is popularly forgotten in the investigation of scams and scandals in Indian
environment. Localised investigation limited to the main front-man of the fraud is a simple
job that can be completed in a short duration to everybodys satisfaction including the clever
criminals and the guillible public with only a paid front-man sacrificed in requital to the gain
of hundreds or thousands of crores of rupees. Such unfair investigation suffers justice and
financial discipline and encourage financial institutions to connive in such frauds. The crux
of the investigation of economic crimes in tracing the end-users of the fraud and reaching the
.179
PRAVEEN KUMAR
persons responsible for planning and organising them. Rarely these investigations in Indian
environment reach the depth, nor touch the government agencies and its key officers who
willingly contributed to the fraud for gain by commissions and omissions. It is a grave
Achilles heel of the investigation of economic crimes in India.
In an intelligently planned, organised and executed megafraud, the big fish always
remains inconnu. It is only the little or sometimes middle-sized fishes who act as the front for
the main-players are caught. It is so arranged in such frauds that all books and records point
only to the front-players; public contacts and media exposures are designed to play up the
roles of the front-players. The real players remain at the background harmless even while the
fraud comes to open. It is only a few daring players who venture into risky financial
operation with honest intensions, do so in their own names and get caught while their venture
with the public money dooms. An investigator should be familiar with these nuances of the
crime. Another aspect is the possibility of the grists made from the fraud being tucked away
or invested in some far away foreign countries. Swiss banks are only a tip of the ice-berg.
An investigation into economic crimes is incomplete without a probe to this possibility. A
corollary of this aspect is violation of Foreign Exchange Regulations; thus FERA comes to
picture, Offences under Income-tax provisions is another side of the crime. A megaeconomic crime spreads it tentacles over myraid financial enactments to involve independent
investigations to the same crime by different agencies au reste the investigation by the police.
This leads to gratuitous waste of time, manpower and energy by duplication of works apart
from creating problems of inter-agency coordination and inter-agency rivarly. The fear of
impinging on the limits of other agencies prevents free and concerted investigation. The
result is shallow and peicemeal investigations by several agencies leading nowhere. Solution
to this problem lies in integrated single investigation with the cooperation and active
participation of the concerned financial institutions as expert advisors in the investigation
team. Only such a holistic investigation can delve deep into the roots of the crime and unearth
the truth in its entirety as a means of deterring recurrence of mega-frauds. No investigation
into economic offences is complete without the impresario of the fraud, however deep be his
cover, is brought to book and his gains, wherever it be stacked, is unearthed. This is seld done
in extant Indian investigation situation.
Investigation of mega-economic crimes cannot be handled by all and sundry investigators.
Apart from investigation skill, they required special attributes to lead that investigation to a
successful end. For one, they must have basic knowledge and familiarity of the goings on in
the financial world to help them understand the interpretations and the explanations of the
experts in the team about the complexities and intricacies of the financial transactions of the
crime. In the absence of this basic familiarity, the investigators may appear like fishes out of
water in the maze of financial transactions leading to the crime. These datas being often
encoded and computerised for safety by clever criminals, a splatter of knowledge of
computer and software are helpful to manage control over the process of the investigation.
An essential feature for a investigator of economic crimes is leadership qualities, an ability to
delegate and decentralise work, ability to trust right people, inspire confidence, draw
cooperation and ability to coordinate the works of myraid agencies involved in the
investigation to guide to the desired end. Commitment to lead the investigation to successful
end and ability to work hard are other characteristics sine qua non for the investigator.
A serious handicap of the investigation of economic offences is its slow process. The
reason is mental fatigue. Examination of loads of documents, records and papers per se is a
tiresome and time-consuming labor. To crown it, the mental processes involved in sifting
.180
PRAVEEN KUMAR
right and relevant documents from the heap of papers, interpreting them, placing in right
perspective to the commission of the crime, assessing its value in the overall process of the
commission of the crime etc., are extremely exhausting and tiresome job. It naturally retards
the pace of the investigation and the process taking years for completion is a common
spectacle. On the other side, time is central to the investigation of economic crimes. Money
rapidly multiplies with time in form of profits of investments or interests on deposits. Delay
of investigation is in the interests of the criminals with this illgotten money. Delay in
investigation process helps criminals to multiply their res gestae several times with the
passage of time, ipso facto rendering them huge gainers in terms of monetary benefits that
easily off-set the pains of trial and conviction in court, if any. Early completion of
investigation is vital for the cause of justice. Constitution of a team of investigators including
experts from various financial institutions should be able to overcome the natural handicap of
inordinate delays in the investigation of economic offences.
A need of common sense in investigation of economic crimes is the initiative of the
investigator to make up the losses of the victims of the fraud to possible extent by luring the
criminals to a deal. Here comes to picture the discreetness of the investigator in striking a
deal with the criminals selon les regles without jeopardising the process of the investigation
in any way. Investigation per se does not bring any relief to the victims of the fraud as its
value lies only as an instrument of deterrence. Safeguarding the interests of the hapless
victims is the cardinal need in the circumstances au reste bringing criminals to the book.
Huge money running to hundreds and thousands of crores of rupees is at the centre of the
investigation of scams and criminals are those who are clever, influential and stacked with
easy money. In the circumstances, attempts to lure the invesigator from the rightful path of
investigation are a natural phenomenon. For the investigation to be successful, the
investigator should have immense inner strength to resist the lures and stick to his
professional path. It is said that every person has a price ; and meeting whatever price is no
problem in the efforts to distract investigators of mega-economic crimes from their
commitment. In the circumstances, selection of right people as investigators becomes a key
decision in the success or otherwise of the investigation.
The tendency of soft-pedalling the role of financial institutions in the commission of
economic crimes for whatever reason is a serious Achilles heel in the investigation of such
crimes for the simple reason that lapses by these agencies create a framework for the crimes.
No large scale frauds against the general public is possible without these agencies responsible
for the financial discipline of the country willingly ignore violations of financial norms and
regulations and offer favours against rules and laws of the financial discipline to the
criminals engaged in the frauds. The role of theses institutions in the commission of the
crimes is as grave as that of the main players and the impresarios of the fraud. The fact is
forgotten in the investigation of economic crimes in India. The result is lopsided and unfair
investigation which satisfies none let alone acting as a deterrent against recurrence of such
frauds. CRB scam is an example. Unless many agencies responsible for financial discipline
helped the the commission of the fraud by the CRB capital markets by blatantly ignoring
violations of norms and regulations by the latter and unlawful favours, the swindling of the
public to that extent would not have been an easy feat. The SEBI tolerated CRB managing
scores of shady share issues and permitted to start a mutual fund and a share custodial service.
The SBI opened its banking services to the company to encash interest warrants and refund
orders of the company from the public without adequate security. Credit Rating Agency and
IDBIs subsidiary CARE gifted the companys fixed deposit programme, CRB caps a A+
.181
PRAVEEN KUMAR
rating in spite of the full knowledge of the liquidity problems and deteriorating assest quality
of the company after ICRA and CRISIL failed to oblige the company. The auditors of the
company ignored irregularities in the companys operations in the audit report. To top it all,
the RBI turned blind eye to massive irregularities noticed during inspection and issued an in
principle banking licence as favour and even tolerated the company raising money for its
bank after the licence was withdrawn. In absence of the synergy by various financial
institutions of the country. CRB Capital Markets just could not befool and defraud thousands
of investors to the extent it did, and struck gold. The key figures in these financial institutions
who helped CRB scam are as much responsible for the scam as was Mr.C.R.Bhansail, the
head of CRB capital Markets. Their involvement gives an added dimension of conspiracy to
the case. Law which provides for the investigation of the case, treats all these players of the
conspiracy on equal footing. The exclusive attention of the investigation agency on the CRB
chief and his close associates to the exclusion of other conspirators cannot be called en regle
and bound to shake the confidence of the public in the investigation.
This is not an isolated case of financial institutions prevaricating from their raison d etre.
Another top credit rating agency of the country CRISIL failed to warn investors in advance
about the poor showing of ITC Classic Finance on the eve of the issue of NCD and fixed
deposit schemes of the company. For CRISIL, this was the second instance within the short
duration of a year after similar failure regarding Mideast Shoes. The role of commercial
banks infamous security scam is too well known to be repeated here. Indian Bank scam is
waiting on the side-wings to blow up to a major scam. Ignoring the part of financial
institutions and other government agencies in mega-economic crimes is a sure way of ringing
the death-knell of the financial discipline of the country. An investigation true to its
profession must give primus to fix these institutions for their irresponsible roles and
connivance in the scam. The responsibility of the main-player of a scam reduces to
insignificance before the filures, lapses and impacts of the connivance of the players of these
institutions on the financial market and public life of the country. No honest investigation can
afford to leave the key figures of these institutions out of the field of investigation.
Distractions like strikes and protests by the colleagues of the offenders in the institutions as in
the case of suspension of the officials of the Bombay Branch of the State Bank of India for
complicity in CRB scam should not deter a professional investigator from his commitment.
Corrupt colleagues flocking together to go on agitation to protect one of them while caught is
becoming a popular strategy of scaring away the hands of law reaching them. A few years
back, central customs and excise staff of Delhi international airport resorted to agitation to
protect a few corrupt colleagues from the CBI net, Recently, air traffic control staff went on
agitation while some inefficient of them were suspended from service for grave dereliction of
duty. Very recently, arrest of public servants in Bihar fodder scam was deferred by the CBI
for the fear of creating law and order problems. A turly professional investigator should not
be deterred by such extraneous developments in his resolve to unearth the truth. This is ore
so in case of the investigation of economic crimes for the simple reason that the money
involved in such crimes in capable of buying anything under the sun and creating any
situation to the advantage of the criminals.
Crimes are committed either out of passion or for gain, if not by accident or negligence.
Economic crimes constitute a major and important block of the crimes for gain. Economic
crimes against the gullible public and the financial system of the country assume dangerous
dimensions because of the magnitude of the crimes, their impact on the financial discipline of
the country, the losses and grief come with it to the gullible public and the sense of the loss of
.182
PRAVEEN KUMAR
credibility it brings to the financial market. Professional and in depth investigation to these
scams is sine qua non for the growth and stability of the economy of the country.
.183
PRAVEEN KUMAR
SOCIAL JUSTICE
Professor B.Kuppuswamy in his book Social Change in India apropos of Paradox of
the Indian Situation Today writes, On the one hand there is a conscious, deliberate effort to
change the social structure as a result of the assimilation of new social values. Because of
the struggle for political freedom and the desire for economic reconstruction, new social
justice and equality of opportunity. On the other hand, there is the fear that the old social
values are being repudiated and destroyed by the values of social justice and equality, which
pose a challenge to the past privileges based on caste, aristocracy, age, sex etc. The farm
labourer, the factory worker, the student, and women are repudiating the authority which
denied them social justice and equity. This perennial conflict between privileged and nonprivileged, of reactionaries and revolutionaries is the mark of a zoetic society. The clash of
interests and values steeped in an instinct for survival is the hall-mark of social change. It is
here the state comes into the picture as the arbiter elegantium, as a beacon to guide both the
pace and path of social change through public education and legislation. The social
awakening which is possible through public education is sine qua non for social change which
can only be formalised through legislation as a statutorily accepted social value to make its
violation a criminal act. A good piece of legislation backed by effective enforcement works
as catalytic agent in the process of social change.
SOCIAL CONFLICTS
Peter Worsley in The Third World writes In those countries which fail to achieve the
take-off and relapse into the hungry frustrations of stagnation or regression, all kinds of
conflict from anarchic protest to regional schism or even communist revolution could
flourish. A revolutionary leadership could easily replace those nationalist parties which have
lost their social reforming zeal. The state can be impervious to the ascensive zeal for social
reform only at its own peril. Social inequality and social injustice as starting points of a
vicious circle wherein they are perpetuated cannot be the situation a welfare state seeks to
protect from the dynamics of positive change which as a natural force of unending
frustration expresses by peaceful means in principo and by violence as dernier ressort if the
state errs by protecting the vested interests of inequality and injustice and fails to discharge
its responsibilities towards positive social change.
SOCIAL AWAKENING IN INDIA
The veteran journalist Shri.D.R.Mankelkar in his book titled A Revolution of Rising
Frustrations beautifully analyses the situation of ascensive social awakening in India. The
fact is that the worm is at last turning, falsifying the prophets who have averred that the
Indian masses are too underfed, too lethargic, and too fatalistic to rebel against their fate and
violently wrest from the rulers their elementary human right-the right not only to survive but
to improve their lot. The new awakening roused the esurient expectations of the longrepressed and infested segments of the gens de peu and fomented their neoteric hopes of
being extricated from age- old repression. The government of democratic India responded
favourable to the aspirations of the infaust segments of its populace, non obstante the not-so-
.184
PRAVEEN KUMAR
inopinate resistance from the privileged lobbies, by enacting legislations with the potential for
far- reaching changes towards establishing social isonomy and justice. However , the zest in
enacting the legislations is not amated by the political will to enforce them, though some
isolated attempts were made here and there. Experience in the field dictates that some
thought should go to the modalities of the social legislation and their enforcement to make
the whole process genuinely effective as a vehicle for faster growth towards social equality
and social justice.
CHALLENGES OF SOCIAL EQUALITY
As French thinker Auguste Compte noted, a nouveau regime can emerge only if man
assumes responsibility for his actions and makes his own society. The changes in social
institutions do not occur by themselves, but by a positive moral desire and commitment in
that direction. This active aspect of social change manifests in intellectual assertions for
deliberate social legislations and their effective enforcement. The theory of Challenge and
response as expounded by the great British historian Arold Toynbee, points out that a society
can grow if it can constructively respond to challenges. The challenges are often social and
internal and every civilisation as a facet of the society can learn from the failings of quondam
civilisations. Active responses to the extant gauntlets of social equality and social justice
against the background of nonfeasance should be the foundation on which social legislation
and its enforcement mechanism should be broadly based.
SOCIAL JUSTICE VS LEGAL JUSTICE
Social justice is imprimis an informal social process rather than a formal legal procedure.
It is the moral standard of a society to which its laws and actions conform. The injustices
and legal disabilities against certain sections of the society enshrined in many rules of Indian
society in bygone days are now a matter of the past. It is only now that the need of liberty,
equality, security, freedom from want, fear and frustration as parameters of social justice are
realised. Social justice ex consequenti demands preferential treatment for the socially
backward and repressed classes who are at a disadvantage in respect to others.
SOCIAL LAWS AS CLEANSING FORCES
Johan Galtung defines Structural violence as The dominance of one group over the
other with subsequent exploitative practices in Peace Thinking. The pirlicue of this
statement implies that preferential treatment by the state to certain segments of the society to
superate its dominance by the others becomes at the outset an act of injustice and structural
violence by the state. However as Jerome Skolnick preconsied, violence is a louche muticous
term whose meaning is established through political process, ipso facto acts of institutional
violence are comme il faut if perpetrated by the state in the larger interests of the society as
they fall beyond the ambit of the concept of violence. Frantz Fanon, an African Psychologist
in The Wretched of the Earth calls violence intended to restore self-esteem and do away
tyranny as Cleansing Force, Jean-Paul Sartre confirms the idea when in Preface to Fanon he
says, Violence, like Achilles lance, can heal the wounds that it has inflicted, indeed while
it is institutional violence in societys interests.
SOCIAL JUSTICE IN INDIAN CONSTITUTION
.185
PRAVEEN KUMAR
The Indian Constitution in its preamble preconises social justice and quality of status
and opportunity to all the article 14 constates fundamental rights while it declares that the
state shall not deny to any person equality before law, or equal protection of the law. The
Article 15 interdicts any kind of discrimination on grounds of caste, creed, sex, birth etc.
However, the Constitution recognised the inadequacy of legal eqality in meeting the
exigencies of social justice when it recognised the necessity of special measures to uplift
socially deprived segments and constates in sub-section (4) of Article 15 that the
constitutional provisions do not prevent the states from making any special provision for the
advancement of any socially and educationally backward classes of citizens or the scheduled
castes and scheduled tribes. This exception in the constitution to legal isonomy is the
cornucopia of most social legislations intended to misprise the crude ancien regime and
usher in a dream world of social equality and social justice.
SOCIAL LAWS
Law is an instrument of both the continuity of social behaviour and of social change.
Manu had said, Immemorial custom is transcendent law Social consuetudes metamorphose
into social laws in rerum natura and perpetuate social customs. Professor B.Kuppuswamy
in his book Social Change in India writes about two functions of the law according to
this view is social control and the major problem of law is to design the legal sanctions to
minimise deviances and to maintain social stability. According to the other view, law could
be more dynamic. It has not only the function of social control but it has also to bring about
social change by influencing behavior, beliefs and values. The social laws of India are
devised to bear the kiaugh of the dynamic function of bringing about social change by
influencing behavious, beliefs and value in addition to social control. In Indian society where
social inequalities more suo, form the bedrock of living for historical reasons and embedded
in the Indian psyche as consuetudes and basic social rules more majorum, the awakening and
metabasis to new values of social equality and social justice from the deep slumber of a
millennium are not easy to come by. Though isolated calls for certain changes are heard
mostly from the self-made spokesmen of the oppressed classes because of the influences of
liberal western thoughts, the albatross of orchestrating these thoughts to the mosaic of the
laws of the land falls on the government. Social laws function as catalysts of social change in
the Indian situation.
SOCIAL CHANGES THROUGH LAWS IN INDIA
Most of the important social laws were enacted in India in the face of plangent opposition
from reactionaries inveterated in the terra firma of the past practices. The queasy practice of
polygamy was made hors la loi and divorce was legalised by the Hindu Marriage Act of
1955. The barbarous praxis of untouchability was made punishable by enactment of the
Untouchability (Offences) Act in the same year in conformity with Article 17 of the Indian
constitution. The Hindu Succession Act of 1956 is a meith in bringing daughters on pariel
with sons in a respect of property inheritance. The Hindu adoption and Maintenance Act of
1956 straightened the position of women in regard to the right to adopt. The Dowry
Prohibition Act of 1961 tried to deliver nubile colleens from the menace of dowry. The
Factory Act of 1948 raised the minimum age of workers to 14 years and provided for annual
medical examination of minor workers. The Employment Exchange Act of 1959 provided
for state help to unemployed citizens to get jobs. The children Act of 1960 provided for
special care of children. All these incipient legislations of independent India on social matters
were enacted as vindicated by the directive principles of state policy in line with the
.186
PRAVEEN KUMAR
fundamental rights enunciated in the Indian Constitution. Article 24 of the Constitution sui
juris interdicted employment of children below 14 years of age in factories.
British India too saw much of the momentous legilsations conducive to change and
social justice. The Sati prohibition Act 1829, the Hindu Widow Remarriage Act of 1856, the
Female Infanticide Prevention Act of 1870 , the Special Marriage Act of 1872 providing for
civil marriages and inter-caste marriages as amended in 1923, the Child Marriage Restraint
Act of 1929 the Payment of Wages Act of 1939 providing for regular payment of wages, the
Industrial Dispute Act of 1929 providing for settlement of disputes, the Trade Union Act of
1926 which legalised trade unions the Workmens Compensation Act of 1923 providing for
compensation to workers for accidents, disablements and death on duty, the Act of 1922
defining a child and preventing a child below 12 years for employment, the Act of 1931 and
its 1946 amendment reducing hours to work a week are major keeks to social change via
social laws.
The trend to usher social change through new legislations or amendments to old ones is
en train even in this neoteric age. The Debt Relief Act of 1976, the Bonded Labour Abolition
Act, the Protection of Civil Right Enforcement Act of 1976 and amendments thereon, the
1983 amendments to the Dowry Prohibition Act are important instances of such a nisus.
SOCIAL NORMS AND SOCIAL LAWS
Whenever the enactment of law is consectaneous to a change in social norms, the law as
a device of legal sanction against deviations there-from, succeeds in legalising these
neonate social norms. However, the law proves ill-equipped and falls into desuetude while it
seeks to introduce intempestive social norms as a means of social justice for forced
compliance as Festinger called it in An Analysis of Compliant Behaviour. The paradigm is
the law regarding dowry and child marriage being not as effective as that pertaining to
monogamy for lack of social force behind it.
.187
PRAVEEN KUMAR
.188
PRAVEEN KUMAR
recruitment process takes special care to draw men of appropriate mental makeup to the force
and their training process is programmed to reinforce the characteristics. The police also
require periodical programmes to sensitise them to the cause of social equality and social
justice.
NEED OF CIRCUMSPECTION
Social injustices of discrimination and exploitation are committed by the pollent on their
weaker counterparts. This makes witnesses to crimes reluctant witnesses for the fear of
reprisals. The natural resourcefulness of the police comes to the fore in handling such
obstacles. In a social situation where the exigencies of survival, coexistence and security
force rival parties to bury the hatchet and the weaker of the two submit again to the tyranny of
the pollent for the sake of survival, commitment of the police to the goal of social justice
plays a crucial role in bringing offenders to the book and absterging evils from the body of
the society. However discreetness and circumspection are the calves here. In nonserious
cases where possibility of exploitation in future is ruled out, rehabilitation and compensation
become important factors from the human side of the issue and the need of a fair settlement
gains ground. Police are required to attend these problems with discreetness and
circumspection in the best interests of the society and justice. Ability to handle situations
with creative ingine is the core of the skill of handling socially sensitive cases.
LOCUS STANDI OF ECONOMIC INEQUALITIES
Discriminations and exploitations based on race and caste take myriad forms and shapes
in India of a million races and castes, each individually and in groups discriminating against
the other. The main strain of this discrimination is about 20% of the countrys population
specified by the President as Scheduled Castes and Scheduled Tribes under Articles 341 and
342 respectively of the Constitution being discriminated against and exploited by forward
communities. Discrimination against and exploitation of have-nots by the well-to-do is the
elan of all discriminations of race. Caste and sex practised in extant India. Power and
strength make all the differences in this world. Money, knowledge, mental ability, political
power and muscle power constitute real power and strength. Those who have access to these
powers and strength. Those who have access to these powers and strengths come out
successful irrespective of their race, caste and sex. It is the weak and powerless irrespective
of race, caste and sex are exploited most. Weak and powerless sections of society in race,
caste and sex are discriminated against and exploited most. The police with their statutory
powers, laws, arms and weapons are in position to give spine to the weak and powerless in
discharge of duties towards social justice.
CONFIDENCE BUILDING
Police support to weaker sections can be physical and psychological. Physical support
covers aspects like providing protection, strict enforcement of social laws and honest
investigation to violations. Psyhological support implies carrying out above responsibilities
.189
PRAVEEN KUMAR
with an added objective of creating a sense of confidence and well-being in the exploited
sections of the society. Making enforcements of social laws a show-piece of deterrence also
helps. The psychological aspect needs emphasis in policing against social evils. Enforcing
laws for its own sake does not help tackling social issues. Involvement and participation of
the police with a sympathetic commitment to social justice is the clavis. The immane
approach of the rich and powerful to their weaker counterparts has to be countered with the
strong arm methods of the state power through its tool of police.
CIVIL RIGHTS ENFORCEMENT
Civil Rights Directorates au reste the executive police bear the responsibility of protecting
the interests of the exploited races and castes of the society. Police endeavour to guarantee
strict enforcement of the provisions of The Protection of Civil Rights Act, 1995 and the
Scheduled Castes and the Scheduled Tribes ( Prevention of Atrocities) Act 1989 as amended
from time to time and rules thereunder, au reste keeping pernoctation on violations of
constitutional safeguards and protections to Scheduled Castes and Scheduled Tribes. Police
have responsibilities to give relief under rules and laws pertaining to bonded labour, debt
relief and land grants. They are duty-bound to trace the cases of misrepresentation of castes
to knock off the benefits given by the government orders pertaining to reservations to these
groups of the society. The responsibilities of the police is to ensure that really weak and
helpless among these weaker sections get maximum benefits of the state protection and
benevolence. The discreetness and circumspection needed to make this task of social justice
possible cannot be indited in law and has to be exercised by the police by its own
commitment to the cause of social justice.
ATROCITIES AGAINST WOMEN
Rape, unnatural offences, dowry harassments, abduction, kidnapping, outraging modesty,
eves teasing, marriage offences, causing forcible miscarriage and forcing to prostitution are
the most common outrages committed against women by the more powerful men. The
discrimination and exploitation accounts for about 50% of the population committing
injustices against the other 50% and for this reason assumes serious dimensions as a social
malady. Unlike offences against weaker races and castes, most offences against women are
punishable under the Indian Penal Code; rape and unnatural offences come under sections
from 375 to 377, abduction and kidnapping under sections from 364 to 369, marriage
offences under sections from 493 to 498, outraging the modesty under section 354, insulting
the modesty under section 509 and forcible miscarriage under section 314. The Suppression
of Immoral Traffic in Women and Girls Act, 1956 and its amendment in 1986 with rules
thereunder deal with offences relating to immoral traffic in women and girls. The Dowry
Prohibition Act, 1961 with its amendments of 1984 and 1986 and rules thereunder deal with
dowry harassments and dowry deaths either by homicide or abetment to commit suicide
caused against young girls by their husbands, in-laws and their associates. The Criminal Law
(Amendment) Act,1983 (No.43/83) and The Criminal Law (2nd Amendment) Act,1983
(No.46/83) brought further safeguards to women during the investigation and trial of
offences under immoral traffic and dowry prohibition Acts. Dowry death cases have become
sensational topical issues these days with the public being highly sensitised to the menace of
.190
PRAVEEN KUMAR
the crime which deliver an innocent girl at the deaths door. Each such case outrages the
patience of thinking people and rouses passion and outcry against the perpetrators of the
crime. The police must give special importance to the prevention and investigation processes
of these crimes.
Social justice is a glidder concept that changes its hues with time depending on prevailing
social norms and social values. No age has a right to preconise its own norms and values as
absolute and peremptory. In this sense, every social law is passe and peregrine beyond its
immediate time frame. The deciduous nature of social laws necessiates circumspect approach
in their enforcement for the reason that mens rea in the sense it is used in conventional
offences may be absent in these cases. The change of the face of social justice brings new
social laws with it. Police must go pari passu with these developments and differentiate
between justice and injustice selon les regles in force at the time. Effective enforcement of
social laws reinforces reigning social norms and values by giving them the teeth of law. How
it is done depends on the commitment of the police to the cause of social justice and equality.
.191
PRAVEEN KUMAR
.192
PRAVEEN KUMAR
.193
PRAVEEN KUMAR
Dowry death cases have become sensational topical issues these days with the public
being highly sensitised to the menace of the offences with the unfortunate swelchie of cruel
practices and circumstances deliver an innocent girl at deaths door. All institutions of
society including the government, press, womens organisations, judiciary and police handle
dowry death cases on a special footing. Each such case outrages the patience of thinking
people and rouses the passion and outcry against the perpetraters of the offence. The police
too give special importance to the investigation of these cases and closely supervises the
investigation process..
Marriage is often called the second birth in a girls life; it brings an entire metamorphosis
in the form and contents of her life and in the process exposes her to inopinate adaptation
problems. It is an irony of nature and social customs that it is the woman who is delicate in
nature rather than the man, who is selected for this difficile gauntlet of transformation in the
process of familial socialising. Percase, the gentle and amenable caractere of the female
breed expose hers to the natural selection for the purpose. In the process death of the most
unfortunate of them by felo de se or homicide because of the grind of the circumstances has
become an unfortunate phenomenon. Dowry is only one though primus interpares among
various immane manifestations of adjustment problems to which the tender psyche of a young
girl is exposed after her marriage. An integrated approach to all these symptoms of
adjustment problems to which a girl is suddenly exposed while her persona is yet unprepared
to meet the gauntlets alone can bring deliverance to the fairer sex of the human genre. The
entire process of social legislations and their enforcement is only a distant link in the whole
catena of luctation warranted to achieve this end.
The emerging sexual equality has another happy face vis a vis the conceptual reality of
the reverence and importance given to women in India and Indian culture from times
immemorial. The equality of man and woman on the field certainly tilts the balance of
advantage in favour of woman because of the favour with which she is accustomed to be
seen. This tilt of balance is not a forced one on the man, but one volunteered hors de combat
because of the natural attributes of a womans characteristics . This tilt is already in evidence.
Given equal chances, woman is favoured in recruitments and promotions because of her
natural sincerity, honesty and devotion to work. In this sense, women are overtaking men.
The process is on. They are in limine. It is a happy development. It is civilisation. It is
culture. It is good for the future of the humanity. Humanity can survive only if women with
their far superior attributes, lead men en face in addition to being driving forces en arriere.
Man sans woman is not only incomplete, but also lightless and lifeless
Not that woman and man are really equal. Nature meant them to be unequal for its own
purposes and process. Basically, they are in-comparable quantums, separate entities by
themselves. If to be compared at all, woman has an edge over man. Often the reality is
distorted by man by his brutish physical strength as against the gentle mental and spiritual
attributes of woman and he forcibly cornered all opportunities of growth. If women are
opened up to their de jure opportunities, women as nature designed it for them, go ahead of
men and lead them to a far better world then existing now. A cultured and civilized world
must provide this natural opportunity to its women-folk for its own good. This is what is
happening in emerging India.
.194
PRAVEEN KUMAR
Behind every great fortune, there is a crime, said Balzac; behind every great crime, there
is underworld indulged in making unlimited profits. Might is right there and only the fittest
survive. Animal side of man is at its best in this business of organised crimes. Gangs operate
in violation of accepted social norms to make fast buck. They are antisocials and threats to
the peace and security of the law-abiding society.
POWERFUL CONNECTIONS
Pollent organisation is both a strength and weakness of crime syndicates. Organisation
provides these gangs the benefits of a well-oiled management machinery: objectives, targets,
data collection, through planning, right recruitments, motivation, coordination,
communication system, competent direction, infrastructure, efficient execution, leadership
and accountability, and with it, the all important ruthless efficiency. Added to this are the
ruthlessness and the enormous wealth of the crime world. The combination is deadly and the
result is powerful connections at right places doing right things at right times in their interests.
Silence and secrecy are the keys here. Powerful and the underworld complement each other
for mutual benefits and the arrangements usually cover politicians in power, top bureaucrats,
those high-up in judiciary and enforcement agencies including the police. Enormous illgotten wealth amassed by criminal methods bring powerful connections within the reach of
crime syndicates to twist the arms of law. Thus develops an axis between underworld and the
powerful to the detriment of the country.
HAND IN GLOVE
Underworld is an independent world per se. It is a world of crimes, secrecy, silence, fear,
loyalties, dangers, wealth, outlaws, sui generis professional norms, efficiency and wideranging infrastructures. Here various gangs coexist with deadly rivalry or alliance and
partnership. There is no road in between. Choice in the netherland is between success and
imminent death. Though underworld and open world coexist on the surface of the Earth,
their objectives, values and norms of action render them worlds apart. It is only the police
from the open world keep avizefull eyes on the underworld. They are the bridge between the
open world and the underworld and form a protective sheath between the two. This position
places them in a pivotal role vis a vis crime syndicate survives without the active backing of
the police. The support boosts their confidence and gives strength to their criminal activities.
The police get a farthing share in the res gestae as the quid pro quo many times over their
salary. Police being hand in glove with the underworld, is a secret known to all.
UNDERWORLD DYNAMICS
Underworld indulges in extortions, protection money rackets, running vice-dens of
gambling, prostitution, cabret, bars, massage parlours etc, indulging in crimes like smuggling,
drug peddling, adulteration of petroleum products, land grabbing, arms shipments, hawala
transactions, forgeries in securities, extra-judicial settlement of disputes under threats,
.195
PRAVEEN KUMAR
production and sale of apocryphal products, kidnappings for ransom and other tricks of
making quick money in violation of the rules of the country. Three facts that keep
underworld operations distinct are their secrecy, their antinational and antisocial nature and
their ability to generate huge money in a short duration. These operations are large scale
illegal enterprises run as a teamwork in secrecy and ergo the need to keep a band of loyal and
committed followers. The operations involve risks at every step. Law enforcing agencies and
rival organisations are heels to undermine their goals. As a result, members of the
underworld are liberally rewarded for their work and loyalty and their families are protected
and looked after for life in case of the bread-winner being killed or jailed. Similarly,
disloyalty is met with immediate lynching.
UNDESIRABLE AXIS
Though silence and secrecy are cardinal in underworld operations to help evade proofs
and the arms of law, the activities at that scale can hardly go unnoticed by professionals like
police. Underworld knows it. It has the option of taking on the fighting the might of the state
represented by the police or keeping it contented and in good humour. Being clever and astute
businessmen as they are and huge profits at stake, the underworld opts for cooperation in
sharing a farthing fraction of its res gestae with enforcing agencies like the police. Police
conducts prearranged raids under publicity blitz to straighten records once in a way. Here also
cases fall through in silence as a rule in courts. In cases of genuine raids by greenhorns,
underworld fautors are alerted in advance ab intra. The backing underworld receives from
the police constitutes its spine in pursuing more and more daring and dangerous schemes.
LUCRI CAUSA
More often than not, who is who in the underworld and who is behind what is a public
knowledge. The underworld operates on the knowledge that mere knowledge does not
constitute evidence in court of law. All cares are taken to cover anything that constitutes
valid evidence to crimes committed. Cut-outs is the technique. Silence and secrecy is the
method. Heads of crime syndicates operate with remote control. Contract killers are made
use. Hi-tech communication systems come to them before it reaches police. Dons guide
operations from foreign countries inimical and having no extradition treaty with the host
country a la Dawood Ibrahim holed up in Karachi with his many lieutenants operating from
Gulf and Far-East countries. An epinosic outcome of mafioso operating from inimical
foreign countries and joining hands with its governments is the misuse of the formers
criminal networks for subversive activities in the host country. The ISI of Pakistan used
Dawood Ibrahim in the serial bomb blasts of 1993 in Bombay. The don continues to be at
large. His various factions continue to operate in Bombay and other cities of India sans
souce. This is while their subversive activities like the serial bomb blasts in Bombay
resemble an undeclared war and seriously sabotaged the security and peace of the country!
The factions continue to operate with great abandon in their traditional strongholds like
Bombay and spread to other major cities like Bangalore sans a trace of remorse. Reason lies
in the enormous money the underworld generates and spends. It is public knowledge that top
politicians of the country from different political parties including a former central minister
were investigated and tried for harbouring associates of Dawood Ibrahim. This is only
iceberg. India has chief ministers having close links with the underworld. Many rose to
powerful positions with the money and muscle of the underworld. Quid pro quo naturally
follows. Underworld has become a highly lucrative business in India.
.196
PRAVEEN KUMAR
GLAMOUR
Plush money and wealth make underworld a fastuous world. Members of the underworld
are seen in finest dresses, driving costliest cars, frequenting best five star hotels and living in
beautiful bungalows in best localities of the town. Their ostentatious and comfortable lifestyle, indulgences in sex and scandals, outrageous adventures etc. tend to fool the hoi polloi to
remanticise the underworld. The underworld itself uses masterly propaganda to boost its
image in the public eyes. Series of popular films extolling the virtues and lives of mafia dons
as heroes being churned out from Bollywood is a common knowledge. Indian filmworld in
the taut prise of the easy funds from the underworld help the latter to manipulate the
filmworld to its advantage. In the ensuing publicity blitz, guillible public forget that the
underworld is a pack of hors la loi indulging in antinational and antisocial activities. The
underworld knows the utility of the sympathies of the public. It uses every trick in the book
to win over an own following.The Arun Gawli phenomenon in Bombay as an instant
political leader and the ascendancy of his Akhila Bharatiya Sena is an extreme manifestation
of such a process.
EXPANSION
Underworld tries to gain a foot hold wherever there is enormous and instant easy money.
It does everything to grow, spread and ultimately take over that. It be hotel business, land
deals, film production of construction business, underworld steals a share either as
protection money or returns of direct investment. When construction business dried of plush
money, underworld turned to the film world in a big way with its easy funds at disposal for
investments in the field. Recent series of murders in the filmworld in Bombay and Bangalore
are results of the involvement of mafia in film business.
DANGEROUS GROWTH
The most dangerous trend of recent underworld phenomenon in India is the rise of a
supreme don and his unlimited powers posing threat to the peace and security of the country.
More so, while he is holed up in an inimical foreign country and guiding operations in India
by remote control. Various factions of Dawood Ibrahim are creating havoc in Bombay. They
are now looking outside to grow. Bangalore saw myriad gangwars and murders in recent past
as a consequence . Police knew everything and noticed every move. Underworld takes care
to keep key figures in police on the right side before forcing into a new region. Bangalore
underworld resisted Bombay underworld invading Bangalore. The result was gangwars and
murders. Police was vertically split ab intra between the two gangs. Plans of attacks on
rivals were plotted in posh hotels and bars and murders were committed in daylight. In spite
of the knowledge of the plots and plans, police come to picture after the commission of the
crimes. In a recent instance, a key mafioso arrested was taken to a district headquarters for
further investigation. The gangster disappeared from the toilet of a restaurant while police
officers having his custody were sipping tea in the restaurant. Such a fredaine is not possible
without the active backing and cooperation of the police. In another instant in the same city, a
police team sent from the state capital to apprehend a budding mafia don, entered the place
where the gangster was hiding. The gangster was waitiing for his friend in a car outside while
the team arrived. A senior member of the police team came directly to the car and informed
the ganster to leave the place immediately as they had come to arrest him. The ganster
immediately drove away from the place. The police team formally conducted search of the
place and reported back that the gangster was not traced there. This is species of what
.197
PRAVEEN KUMAR
happens in most actions against mafioso and the underworld. In most gangwars and murders,
friendly police officers from the spot of crime are taken into confidence and informed in
advance about the impending plans by the underworld to keep ground ready in their favour.
This is the scenario of the axis between the police and the underworld.
Underworld can be brought on knees only by breaking the axis between them and the
police. While gangsers are the visible body of the underworld, police is its spine.
Underworld cannot stand up without the backing of the police. The axis between the two is
based on the money and muscle power of the underworld generated by massive illegalities.
Underworld is flanked by the laws operating against it on one side and enormous money and
muscle power working in its favour on the other. Though police has the responsibility to side
with the law, it finds the money on the other side more attractive and desirable. Ergo, the
vicious axis between the police and the underworld. This is the crux of the problem of
policing the underworld. The problem needs committed police doing professional policing
that is nonexistent in extant India. The country is caught in a 22-catch situation. Any attempt
to handle the problem of the underworld must begin with the police. Until it is done,
underworld is bound to grow from strength to strength to eat up the vitals of the country and
render it hollow democratically.
.198
PRAVEEN KUMAR
.199
PRAVEEN KUMAR
tremendous odds in the absence of an elaborate strategy is a matter of pure chance. Even in a
chance detection, endless investigation and trial generally end with equital in extant judicial
system. Even in the rarest of the rare convictions, punishment awarded at a distant future
nowhere amate to the promised fortunes of a successful kidnapping case for ransom. The
balance of advantage algate is patently is favour of taking risk.
ROMANTIC IMAGE
In the age of high-money operation run through bank securities and other banking
channels, huge cash in hand is a rarity. This added to the age-old stigma, makes
conventional property offences like theft, HBT, robbery and dacoity lean and nonglamorous
crimes. On the other hand, crimes like bank robbery, kidnapping for ransom and mega-fraud
foot the bill as glamorous crimes in the extant high-money world and yield enormous grists
unheard of in other crimes and make the criminals instant heroes. The elaborate plans,
strategies and efficiency involved in the crime give an intellectual slant and bring the
elements of adventure and thrill to the whole affair. The romantic combination prompts
adventurous and ambitious unemployed youths in drones to take to the crime.
CRIMINAL OUTFITS
Many criminals take to kidnapping for ransom as a means to sustain their criminal outfits
engaged in other major criminal activities. They kidnap rich persons from the surroundings to
meet their monetary besoin. Notorious forest brigand, Veerappan, operating in forests
bordering Karnataka and Tamilnadu used to extort money from the owners of granite mines
in the areas of his operation. Any resistance was met with kidnappings for ransom. This
forced Karnataka Government to ban all mining operation in the area. ULFA activities
played the same trick in Assam with tea estates. The arrest of top officials of Tata Tea Ltd.
In 1977 on the charges of sedition inter alia for providing huge funds and other services to
banned ULFA terrorist outfit threw light on the going on in Assam for years under the pall of
the threat of kidnappings.
LURE OF QUICK MONEY
Other criminals take to kidnapping for ransom by the lure of the res gestae of the crime
and the easy money involved. These criminals with importable lure for easy money spread
like wildfire in Indian crime scenario and pose threat to the fabric of safety and security of
the country. Ambitious and der-doing unemployed youths constitute the core of this group
of criminals. Unlimited riches around, unfulfilled besion, own frustrations, the thrill of
violence and the promise of belle vue offered by criminal life as seen in television, cinema
and cheap literature together spur faex populi to make it big at a single sway by taking
kidnapping for ransom.
SCOPE FOR INGENUITY
.200
PRAVEEN KUMAR
The crime provides ample scope for the bluette of ingenuity. It allows for immense
freedom of action and strategies depending on the mental calibre and material resources of
the criminals. Right strategies, efficient brasstacks and pernicketiness can make the crime a
foolproof operation. This is an inviting challenge to any resourceful and skeely criminal. Use
of hi-tech communication, transport and weaponry system makes the crime a highly
sophisticated operation. An elaborate and hi-tech kidnapping operation for ransom involves
huge money. In the circumstances of de trop riches and plush targets capable of huge yields
as res gastae of a kidnap effort around, intelligent and enterprising criminals take it as a good
investment. Liberal spending in the stage of reconnoitre is the hallmark of criminals
resorting to this crime. They hire safe-houses at posh areas at exorbitant rents, wear rich
dresses and move in luxurious cars while preparing for their strike. The criminals in Nirmal
Jaipuria kidnap case of Bangalore of 1977 who made a ransom demand of Rs.5 crore, hired a
house in Bangalore as the centre for their operations at a rent of Rs.1.5 lakh a month for
three months prior to their strike. An investment of a few lakhs of rupees is more than worth
in an operation that promises to yield Rs.5 crore in a single sweep.
SPREADING THE CRIMINAL VIRUS
The crime as isolated adventures for quick money in unorganised sector poses the greatest
thread to the peace and health of the country. The youths in the crime seek their targets far
away from their home state to avoid detection and other embarrassments. This is how youths
of Delhi, Punjab and UP are found operating in a southern city like Bangalore. The process
helps the spread of the criminal virus of a crime-infested region to healthier regions of the
country. Medical and engineering colleges that offer seats to the sons of crime tainted and
black-money-plush parents on the strength of donations help the spread of crime tendencies to
other parts of the country. This is how the crime culture of UP and Bihar is spreading to
relatively crime-free areas.
Cases of kidnapping for ransom pose a tough gauntlet to the skill and ingenuity of a police
professional. His competence is openly on test while criminals negotiate ransom with the
victims. This is the stage in which the scelerate ingenuity of the subdolous criminals is in
excelsis while providing the real opening to the police to catch the criminals red-handed.
The incertitude of the situation bring the true skill of the police to the acid-test. It is a live
challenge to the police- a climacteric. His single faux pas in the glidder path of his
manoeuvres may make life and death difference to many. The knowledge makes him
nervous. The albatross gives him delitescent strength and drive to move him forward with a
resolution to succeed. This is the real moment of policing. The thrill of real policing lies in
such live moments and real joy in bringing relief to the people in real distress.
.201
PRAVEEN KUMAR
.202
PRAVEEN KUMAR
overhaul of selection and training policies to infuse and buildup mental and intellectual
strains in the manpower of the police should be the bedrock of the efforts to snod the
organisation to meet the challenges of the future.
The paramount need of the future police is a professional image tout au contraire to
present image as a handmaid of rich and powerful. What is required is a perspicacious
definition of police duties and responsibilities and relegating the force to perform the duties
under the avizefull eyes of the constitution without the distractions of interferences ab extra.
The police should have free hand to tackle and solve issues cropping up during the process of
policing with concomitant responsibility for any failures squarely lying on its shoulders.
Hi-tech policing is another imperative of the 21st century. Police cannot afford to lose
ground to criminals in the field of hi-tech. Efficiency of policing is pro rata to competence to
perform in a given situation in meeting challenges offered. The competence necessarily
implies moving pari passu with the fast changing hi-tech environment in the fields of
transport, communication, weaponry and detection system. Police can ignore this need only
at its own peril.
The growth of police in the 20th century is marked by its insulation from the intellectual
explosions of the age. Police is seldom touched by the zeist geist. Policing methods and
ideas remained stagnant throughout the century sans effective voice raised to infuse new spirit
to the body of the police. The century saw no concrete and concerted efforts to bring crime
investigation on modern lines. The problem of human rights violations remained a major
blot on the policing process throughout the century. Use of third degree methods in
interrogations sullied the image of the police in a century which brought revolutionary
changes in the concepts of human dignity, equality, justice for all and basic rights. The
image of the police in the 20thcentury is that of a licensed criminal syndicate run by the
government to checkmate unlicensed criminal activities.
Indian legislatures churn out new legislations and bring out amendments threeon in such
numbers and festination that neither those legislatures nor the police who enforce them can
afford to keep a track of the enactments and their provisions. This Achilles heel in the law
enforcement machinery will perforce disappear in years ahead. A solution is creation of the
Community Police as enforcers of the social legislations as distinct from the body police. The
community Police require skills different from those in general policing owing to the special
nature of the social legislations and special sensitivities of its enforcement. The huge
share of the social legislations among new enactments and the gargantuan task of enforcing
them is another justification for creating a separate community police wing out of the present
police. The measure will relieve the body police from lots of work-pressures and provide it
spare time and energy to concentrate on vital issues of the general policing.
Another task ahead to attend tout de suite is sewing the investigating responsibilities and
the prosecution duties to a single whole. Inter-departmental co-operation though specious
in theory on paper, it is exceptions in field in the Indian environment of interdepartmental
jealousy and rivalry. The police with the need of prompt responses and quick decisions vis a
vis the complex nature of emerging crimes cannot do for long with the extant system of the
police and the prosecution pulling apart from opposite directions in the race for oneupmanship.
.203
PRAVEEN KUMAR
The key to the success of the police is its response time, the speed with which it responds
to the challenges of the crime. Where time is a precious commodity and a difference of a
couple of seconds make the difference of success and failure of a police operation, persistent
efforts to shorten response time will get the highest priority. The thrust of the police
administration of the next millennium will be directed to bettering the response time as speed
will be the mainstay of crimes and criminals of the coming age. Short response time implies
improved communication and transport network and highly motivated human resources everready to handle challenges. Outmoded communication and transport facilities in disrepair
conditions most of the time have no relevance there and casual manpower is rather passe in
that ambience. The millennium will see the police force in the finest fettle in terms of
orgtanisation, manpower and equipments and becoming a highly organised efficient limb of
the state apparatus.
The 21st century police will be required to shed to idee fixe for the show of strength in
lieu of efficient policing. The stress in future will be on lean and fit policing. The structural
deformity and oveweight caused by redundant posts, undefined jobs, lack of accountability,
epinosic equation of rights and responsibilities, top-heavy structure, erratic span of control,
demotivating factors, nonprofessional ambience and uninspiring leadership will become a
matter of the past with the police going perforce competitive en face gargantuan challenges
from criminals posing threat to the raison detre of the police and its relevance to the extant
society.
Going hi-tech to match the gauntlets of the crime world is another possibility open for the
police of the 21st century. The age will see the needs of investigation process expanding the
horizons of science and technology rather than the other way round. Gene tests will become a
strategic and commonly employed tool of investigation against crimes relating to bodily
harm, paternity and even bodily associations. Laser guns will come handy in handling
violent law and order issues. Night-vision instruments will become an essential part of the
investigation and security operations kits to be handled by every policeman. The age may
see police using eaves-dropping instruments to overhear unsuspecting people from distance.
X-ray eyes aid viewing across walls or closed doors. Computers will become an integral
part of the routine as well as special police works and police stations. Police may see
software devised to guide investigating officers in investigating every kind of crime at every
level. Helicopters and mini-aeroplanes will become common mode of transportation for
carrying investigating teams, deployment of security staff and airlifting armed forces to
disturbed places as time becomes precious and criminals become ingenious in dodging the
police.
An important possibility of the next millennium is the police becoming an elite force with
even its bottom levels being manned by highly qualified, skilled and enlightened
professionals as a result of the pampering ahead for the police in the administrative
hierarchy. Constabulary will be spruced to striking forces and manual works without policing
powers. With it, may go the pernicious misuse of the constabulary as household assistants.
Single-point recruitment will come to vogue with linear promotions from the lowest to the
highest ranks on the basis of merit and actual performances in the field as assessed by a
panel of distinguished public figures, constituted for the purpose.
A cost-efficient manpower policy in future police administration will bring motivation
and commitment centre-stage. The extant diffident response of maximum mobilisation or
raising of new units under every new challenge will give way to perficient strategies and
.204
PRAVEEN KUMAR
tactics. The present tendency of doing minimum required in a given situation unless
otherwise compelled by the situation amounts to criminal wastage of manpower. The 21st
century will require every single policeman straining his best with a sense of motivation and
commitment in the interests of superior policing.
Motivation and commitment are derivatives of self-actualisation in the need hierarchy
postualted by Maslow. Pride of performance can be a reality only while lower physical,
security and social needs cease to be issues. Indian police planners have no alternatives to
grooming the police manpower of the next century to this level of sans souci. This means
good living conditions, job security and sound social status. The police must find a
respectable place in the hierarchy of state administration and shed away the extant obnoxious
image of odd-job-man of the government as well as political leaders to inspire awe and
respect in the hoi polloi. The transformation is sine qua non with the new age.
Creating a self-contained police machinery in place of the present mere nuts and bolts of
the administration is cardinal need ahead. The nasty political and bureaucratic interferences
in professional policing have done no good to the country and its police in the last five
decades. Insulating the police from the vice prise of ectogenetic pressures and influences
needs to be a reality in the coming decades should the police have relevance in the
governance of the country. This is possible only by the metamorphosis of the police to an
independent body with goals and objectives perspicuously defined and laid down. The new
police have to be responsible only to the constitution through a suitable machinery of checks
and counterchecks exercised by constitutional bodies manned by people of proven trackrecord in matters of integrity, competence and other mental attributes and chosen from
academic, bureaucratic and political fields as well as public life. The change may bring a
semblance of justice and fairplay to administration and ipso facto infuse a value system to
Indian public life and bring the fear of god to force strict adherence to probity and the rule of
law in public life. India has no alternative to this metamorphosis should the country survive
the moral crisis and degringolade of national spirit, it witnessed since independence.
.205
PRAVEEN KUMAR
.206
PRAVEEN KUMAR
privileges. They have a peek to all private as well as public activities of the citizenry. They
can constrain people to perform specific tasks and forbid from doing others in the national
and public interests. They prevent, check, prohibit, restrain, regulate, confine or arrest erring
people depending on time to time needs dictated by the circumstances. They can forcibly
break open, enter, search and seize when need arises. They use weapons to hurt and kill. The
wide spectrum of powers impinging on the basic rights of the plebeian places the police on a
pedestal different from that of the common man as far as the administration of justice is
concerned. These extraordinary powers are tools of the police in serving the interests of
justice. The police, as the means of justice, are often exempted from the process of justice by
the law itself. Human nature being what it is, the need of keeping the police in tight leash
regarding exercise of their sensitive powers has become conditio sine qua non for the
administration of justice.
The relevance of the police in administration of justice is two fold; one, fair exercise of
their responsibilities in the interests of justice; two, fair exercise of their powers to ensure that
no harm is done to the process of justice. As dispensers of justice during investigation of
crimes and maintenance of law, police perform highly sensitive tasks capable of undermining
the very process of the justice administration, Police enjoy unrestricted freedom unbecoming
to the sensitivity of their job. Practically, there are no means to force them to comply with the
needs of objectivity and fairplay in work save their own interpretations of laws and actions.
Postliminary intereferences of courts are too little, too late to be meaningful. By the time an
issue knocks at the doors of courts, damage to the process of justice could have been
irrevocably done. Whatever courts to thereafter help only partial recovery from the damage.
Innocent people would already have been arrested, chargesheeted and harassed; decent people
would have been dishonestly denied rightful dues in the name of maintenance of law;
criminals would have been willingly let off the noose; or hors la loi would have been let free
to do things in violation of the extant laws as quid pro quo. What police do in the name of
dispensing justice are material to the hoi polli, not what courts deliver, if deliver at all, at
some distant future. The fact brings the police centre-stage in the administration of justice.
Police unequipped for the crucial role is the crux of the issue. Lack of sound mechanism of
supervision and poor position of policeman in society, mediocre education, deviant job
culture etc inhibit police from performing at levels adequate for the importance of their
responsibilities. It denies them organisational pride. Field orientations distract them from
high human values. Weak economic position and easy opportunities for dishonest riches
render them prone to corrupt practices. There is nothing tangible in their service to inspire
commitment to noble causes. Their job culture does not inspire them to delve deep into
diverse nuances of their job. Their service lacks in facilities to enhance professional
competence. Consequence is shallow policing, mechanical works en face policing crying for
deep, intellectual analyses of its relevance for establishment of a just society and national
well-being. Shallow policing is responsible for all the mishaps and turbulence of the first
half century of independent India. The period saw police distracted to go berserk seeking
parochial and selfish ends. A force committed to parochial and selfish interests can hardly do
any justice to the administration of justice.
Another relevance of the police in the administration of justice is exercise of their special
powers without committing wrongs against justice. Police are dangerous fences with their
extraordinary powers potential to uproot and destroy the crops they are put in charge. Their
enormous powers presume special responsibilities on their shoulders to protect innocent
people from rash exercise of powers. This is an infinitely more difficile responsibility
considering what human nature is and how every man suffers from a blind spot about himself.
.207
PRAVEEN KUMAR
Every person is right for himself. Every criminal is just in his own assessment. Every act,
every human being, does has its own logic, reasons and justifications. Nobody ever is wrong
to himself. This is true of the police too. Every encounter, every lockup death, every third
degree method, every wrongful confinement, every illegal arrest, every excess committed
by police has its own police justifications. It is irrelevant how the justifications. It is
irrelevant how the justifications appear to outsiders. You seld find police confessing to a
wrong or an excess committed. We have examples of police commissioners justifying
gunning down of innocent citizens by subordinates in broad daylight in a busy street as a
bonafide cause of mistaken identity. We have any number of cases of senior police officers
colluding with subordinates in destroying evidences of lock-up death cases. Punjab police
revelled in hushing up cases of cold-blooded murders through false encounters. Police
excesses are justified by the top-brass per procurationem of the solidarity of the police force
as though the concept is inimical to the interests of justice. Use of third degree methods is
excused as the bedrock of policing as if justice is as irrelevant concept as far as police are
concerned. The ambience, with the police going berserk with their special powers to establish
a just society, is not conducive to the administration of justice. The police are committing
wrongs against justice by the very means invested to them to protect the interests of the
justice. This is an irony of the relevance of police in the administration of justice.
The cause of failure of the police lies more in the systems failure the character of its
dramatise personae, deviant job culture and wrong leadership than in the concept of police.
Police in inappropriate milieu may turn into a Frankenstein. It is like a herd of tamed
elephants in a khedda operation. Lack of direction, weak management and poor organisation
turn the tamed rogues on rampage against the organisational goals instead of bringing of
knees the ferae naturae. Remedial measures have to be found for the prevarications rather
than blaming the police tout a fait.
Policing being a specialised job with rare keeks inside by outsiders about measures and
decisions taken in disparate circumstances, few outsiders comprehend that the job gives
tremendous leeway for work and decisions, be it crime investigation or maintenance of law.
This is a dangerous liberty in the system of dispensing justices that warrant preciseness and
smug exactitude in the sensitive business of balancing justice. The sensitivity is briller par
son absence in the present police and policing system. Justice being what it is in the present
age of prolate concours making threatening differences , the leeway in policing process gives
scope for favours, misuses and corruption. Lack of real supervision and control over the work
ab extra is another face of the problem. Beginning from deciding whether a prima facie case
is made out in a complaint and whether the case is to be investigated to whether it is to be
chargesheeted, at what stage, on whom, with what all evidences, every decision is exclusive
police decisions. How an investigation proceeds, at what speed, whom to arrest and whom
not, at what stage, whom to release on bail and whom not to, what to search and seize, where,
at what juncture of time, the direction of the investigation to be pursued and what turns to be
taken at what phase, police decide on own without reference, supervision, guidance or
control from outside. Though laws provide for courts to keep track of the process of
investigation, it is rarely the case in the field. The situation is blatantly glidder in the field of
maintenance of law sans the mechanism of courts keeping track of the issues unless the matter
is filed, before a court of law. The Achilles heel is taken advantage of by the rich and the
powerful. Police have become willing tools in their hands in warping justice in barter of the
crumbs they throw from the res gestae of their unjust deeds. The situation is conspicuous in
police bending laws in favour of the people in power to let them out of the noose of laws or
crush their enemies or keep Sophocles sword hanging on the crowns of their opponents to
.208
PRAVEEN KUMAR
ease political manoeuvres. The degringolade began during the emergency of 1975, saw a
rising swing in 1980s and found in excelsis in the early 1990s with courts taking cognisance
of the situation and convinced about the need of their intereference in the interests of the
administration of justice. Public interest litigations became popular. Higher courts ventured
into close scrutiny of investigations into cases against people in power. It became public that
there was no history of convictions of powerful politicians in independent India in criminal
cases investigated by investigating agencies including the CBI and rarely such cases were
investigated but on political compulsions. The premier investigation agency and its chief
were subjected to strictures in open courts for nonperformance, partisan approach and
contempt of court in investigations to cases against people in power. Close scrutiny of the
investigations led to arrest, chargesheet and conviction of powerful political leaders. The
tragedy of the awakening is that the so called judicial activism saw itself serving the interests
of the political witch-hunt preceded it. This considerably reduced the impact of the elert
courts on the national scene.
The witch-hunt became a part of the policy of survival of United front government that
followed. The use of the CBI and revenue enforcement agencies to bring political rivals to
submissions led to the fall of government in April 1997.
The state terrorism against political rivals became a perfect art in 1970s with the use of
intelligence agencies for surveillance and opening secret, files, and in 1990s with the use of
investigation agencies for manoeuvring investigations into criminal cases, with the willing
cooperation of police leaders in the respective agencies. While the trend strengthened the
position of the chief executive of the government, it sine dubio, weakened the political fabric
of the country, so essential for a democratic process. In comparison , misuse of investigating
agencies proved a deadlier assault on the political process of the country. Jain-Hawala case
caught the popular attention as nothing before. The case took down its author and his party
with his political rivals to the drains. The coalition government that followed used the same
ropes to strike a wedge among the leaders of the party that supported it from outside by
terrorising some through the CBI and revenue enforcement agencies and luring others with
the crumbs of power. Bofors kickback case got a lease of life. St.Kitts forgery case and
Lakhubhai Pathak cheating case were re-enacted and manoeuvred to net-in strategic political
rivals on filmsy evidences.Rs.133 crore Urea scam and JMM bribery cases loomed large. A
key leader was interrogated without sound grounds for possessing wealth disproportionate to
known sources of income and later implicated in Tanwar murder case on suspicion. The
party was subjected to various enquries by revenue enforcement agencies. The acts nailed the
fate of the coalition government to prove that misuse of police often goes counter productive
in political manoeuvrings as did in Tamilnad where erstwhile Chief Minister, Ms.Jayalalitha,
found a series of criminal cases stacked against her and her associates, once she fell out of
power and popular support.
Recent past saw executive heads of government opting for their own men in the police
force to head the premier investigation agency of the country and political rivals being
investigated and chargesheeted at politically opportune times on flimsiest grounds while
cases of national significance on sound footing were dragged on for decades wantonly.
Often, ambiguous entries in diaries to prove bribery and old photographs together in public
functions to prove collaboration became conclusive evidence to proceed against inconvenient
political leaders. It was a scene of every successor hurling criminal cases against his
predecessor. Police reduced to a tool of political revenge in this powergame. In the process,
the police lost its credibility as a nonpartisan player and an invincible tool of establishing
.209
PRAVEEN KUMAR
justice. It is a pity that the lee-way police enjoy in policing contributed to its loss of face and
spine by its patent sequacious comportment and lack of passion to the case of justice.
Opportunities of dispensing favours during maintenance of law are common and aplenty
in policing. It be raids on vice dens, issue of licences, or action on rowdy gangs, decisions of
police about whom, when and how, play important role in political gameplan. The decisions
and concomitant actions more often than not, are taken on political convenience rather than
as measures of curbing lawlessness. Police act as conduits of partisan measures in favour of
the powerful rather than as tools of administering justice to all. Power assumed higher
importance to police than justice. Vice dens, criminals and rowdy gangs, bien chausse with
political patronage or money power, are not only allowed to run trouble-free, but often
protected to the hilt by the police. This is how the police in the job of serving justice are
stabbing it en arriere.
Police patronage to hors la loi is ephhemeral and changes colours with the change of
guard in the government. Personal ambitions of some in the organisation lead to partonages
ectogenous to political manoeuvres in form of crosspolitical allegiances and subservience to
rich and influential segments of the society. In the maelstrom, justice suffers, and the nation,
its constitution and the general public to whom the police as the guardians of justice are
responsible, suffer.
Police is not the odd-job boy of the government. It is not the hand-maid of politicians in
or out of power. Police is an organisatioon of professionals committed to the safety, security
and well-being of the country. Justice and rule of law are the litmus tests available to
achieve these ends. Once police miss the bus of justice and the rule of law, their goals of
safety, security and well-being remain a distant dream. They lose the credibility and respect
of the public, so essential for effective and perficient policing. The fear the police inspire can
not take it far in absence of credibility, respect and sympathy of the public. Once the police
lose their usefulness in political and power gameplans consequent to losing public credibility,
their political patrons will discard them like used condoms. The best bet for the police is to be
professional and committed to their responsibilities towards the administration of justice.
Police would forget this need only at their own peril. Doing anything violative of its raison
detre like sabotaging the course of justice will prove to be fatal to the relevance of the police
for the society.
The relevance of the police lies in its usefulness to the administration of justice au reste
safety and security. Police are the arms of the administration of justice. They are the drive
and thrust of the administration of justice. Paralysed arms crumble the body of the
administration of justice. Arms struck by struck by gangrene, poison the whole system of the
administration of justice. As a vital organ of the administration of justice,police have
inherent potentiality to sabotage the interests of justice ab intra in umpteen kinds including
blatant mendacity. Inordinate delays in the process of investigations is one. Bartering justice
is another. Subjecting justice to the terms of quid pro quo is one more. Inefficient and
shallow policing add to the list. Delivering partial justice adds to the problem. Refusing to act
against injustice is another kind of injustice to justice. Making justice a costly affair gives
another dimension to the issue. Effectiveness of police lies in its ability in making justice an
easily and cheaply dispensable commodity. Police are the first line of the means of dispensing
justice. Courts come to the scene only in far later stage for restricted number of cases. For
the hoi polloi, police is the first and the only easy defence against injustices. Most cases of
disputes never cross the thresholds of the police stations. Police do act as arbitrators of
.210
PRAVEEN KUMAR
justice in criminal as well as civil cases in exercise of the wide spectrum of responsibilities of
crime investigations, investigations, maintenance of law, enforcement of order, preventive
measures and security duties. They enjoy a key position in the administration of justice. A
good police certainly symbolise effective administration of justice more than courts and
prosecution department together do. That is why a sound police system is conditio sine qua
non for the health and progress of the country and its tenuous social fabric.
.211
PRAVEEN KUMAR
Be you ever so high, the law is above you said J.S.Verma Former Chief Justice of India.
The law of the country represents the aspirations of the people in running the country in a
democracy. That is the adhesive that binds the people, the country and its administration
together. That is the thread that holds them together into a system and defines the latters
ends and its means. In this sense, law is above the people, above the country and above its
administration. Taken away the law, people do not remain people, country does not remain a
country and administration does not remain administration. Sans law, there just will be a
jungle raj.
LEGISLATURE, EXECUTIVE AND JUDICIARY
Law protects people, country and the administration as much as people, country and the
administration protect the law. The ultimate responsibility of protecting the law lies on the
administration. Legislature, Executive and judiciary as Brihma, Vishnu and Maheshwara,
the all powerful trinity of the Hindu mythology, share the peise of protecting the interests of
the rule of law. Legilslature creates law, Executive enforces it and judiciary adjudicates it.
Difficulties surface while Brihma, Vishnu and Maheshware begin to encroach into others
domain for supremacy by claiming themselves as the true arbitrators of the interests of the
people, and each seeks to usurp the responsibilities of the other eo nomine. India is
witnessing the farce in its democratic system on the eve of golden jubilee celebrations of its
partition and independence.
A PAWN IN THE POWER-GAME
Sine Dubio, Legislature let down the country by over-indulgence in petty politicking and
Executive plunged itself in ineffciency and corruption to be any more relevant to the interests
of the country. Similarly, goings- on behind the veil of the threat of contempt proceedings in
Judiciary is in no way really sobering. Any one of them taking advantage of the general
breakdown by raising accusing fingers on the other and assuming on itself, the role of the
champion of public interest may not ported well to the democratic traditions of the country.
Such an eventuality does stir the hopes, expectations and imagination of the frustrated and
defeated hoi polloi. But, as time wears off, they come to realise the power-game for
supremacy among the contenders. The plebeian more and more understands that he played as
a pawn in the power-game. This deepens his frustration and intensifies his sense of hurt,
defeat and let down. This is what is happening to Indians after half a century of self-rule in
the rumblings of the pro-active judiciary.
LIMITATIONS OF THE JUDICIARY
Legislature, Executive and Judiciary have their own roles to play as demarcated by the
Constitution. Article 142 (1) of the Constitution of India while dealing with the enforcement
of Supreme Court orders perspicaciously lays down as, The Supreme Court in the exercise of
its jurisdiction may pass such decree or make such order as in necessary for doing complete
justice in any cause or matter pending before it, and any decree so passed or order so made
.212
PRAVEEN KUMAR
shall be enforceable throughout the territory of India in such manner as may be prescribed by
or under any law made by Parliament and, until provision in that behalf is so made, in such
manner as the President may by order prescribe. The Article provides a clue to the spirit of
the Constitution in matters of the responsibilities and limitations of the Judiciary vis a vis
overall governance. The key phrases that prescribe the role of Judiciary here are in the
exercise of its jurisdiction, for doing complete justice, in any cause or matter pending
before it and enforceable.. as may be prescribed by or under any law made by Parliament .
The phrases make perspicuous two limitations on the Judiciary, namely that it shall act only
on matters pending before it in exercise of its jurisdiction for doing complete justice, and that
the operation of its decree or order is subject to the law made by Parliament or Presidential
order. The limitation of jurisdiction and the need of matters being pending before it, together
constitutes a serious limitation on the Judiciary to do anything for doing complete justice.
The role of the extant pro-active Judiciary has to be discussed under the light of these
limitations.
USURPING EXECUTIVE POWERS
Judiciary indubitably is responsible for doing complete justice. Facts and evidences are
the basic tenets of modern judicial system and judiciary cannot overstep these needs in its
entrainement of doing complete justice. Executive exercises the power of transferring
investigating officers and other police personnel selon les regles. Jus naturale dictates that
anybody encroaching upon the jurisdiction of the other for whatever reasons amounts to
usurping the powers of the other by postern means. Judiciary as the ultimate machinery of
providing justice, resorting to superrogatory means to meet a cause amounts to irrevocable
breakdown of the Constitution and the rule of law and Executive en attendant finds itself
nowhere to go for redressal against the injustice. Being the ultimate dispenser of justice,
weighs down the Judiciary with the need of being moderate circumspect and scrupulous in its
means. Supercilious radicalism by the Judiciary prompted by procacity is like wild run of a
bull in a chinashop.
People cannot approach anybody for redressal when they are wronged by the Judiciary
and the sword of contempt proceedings constantly hang over their heads lest they open their
mouths in public. Self restraint is the lex non scripta of a sound Judiciary. There is nothing
so fatal to the independence and democratic traditions of the country as the delubrum of the
rule of law and justice with all its special powers and privileges growing to be a cimmerian
monster. The sickly developmetn violates the very raison detre of the Judiciary. When
Judiciary fails to recognise its limitations ex mero motu, none is there to do it for it.
Uberrima fides is basic to Judiciary. When Judiciary prevaricates from its rightful path, that
rings the death-knell of the democracy and leads the country to the ineluctable anarchy
through constitutional breakdown.
LOSS OF CREDIBILITY
Intentions of the Judiciary may be good. But, intentions alone do not constitute the right
to act in anyway desired. Indian Constitution does not provide for that even for doing
complete justice. Supreme Court of India on its verdict on 13 August laid guidelines to
protect the interests of working women from sexual harassment and ruled that the guidelines
would be in force till due legislations replace them. Intentions of the court in such a course of
action is definitely very `noble. But means pursued to the end may not be in the best interests
.213
PRAVEEN KUMAR
of the country and its constitutional machinery. Judiciary acting on Public Interest petitions
is certainly a step forward towards better judicial system. But, Judicial meddling in every
state affair outside its jurisdiction may prove costly to both the Judiciary and the country.
Indian Judiciary is certainly losing sight of the difference between pronouncing judgements
and making Executive orders. The latter part of the Article 142 (1) clearly dictates that the
operation of the decree or order made by the court is subject to the law made by Parliament
or Presidential Order. The Executive Orders, Indian Judiciary now ends to make are in
violation of the spirit of the above constitutional provision. The parturition of the Judiciary to
shift polluting industries from the heart of Delhi to the outskirts pro bono publico, led to
stirrings against the very well-meaning verdict. Paroxysms of the Judiciary in Patna in Bihar
Fodder Scam and later on the use of Article 356 in Bihar led to open protests in Parliament
and outside. The apostasy Indian Judiciary suffers by encroachment on the domains of the
Executive and the loss of restraint in Judicial proceedings lead judiciary to the cul de sac of
the loss of dignity and credibility.
Unless those at the helm in Indian Judiciary wake up from their somnolency and realise
where indiscreetness in their part is leading the country to, the future of Indian democracy is
bound to be bleak and mired in incertitude and disaster.
.214
PRAVEEN KUMAR
IN DEFENCE OF JUDICIARY
Judiciary deals with and justice pertains to specifie cases and an individuals past, present
and repute have nothing to do with justice and judiciary, as for as it does not entail with the
case under adjudication to surface the truth. Judiciary, in its present system, can not bother
about a persons history and other attributes as much as how his particular act wronged an
aggrieved party. Judging the judgement of the judiciary extra muros of this scope is a great
disservice to the judiciary and the people whose rights cardinal guardian is the judiciary.
After all, wrong committed is wrong whether it is committed by a person of honesty and
integrity or by a person sans the virtues. The reason that a wrong is committed by a person of
honesty and integrity, does not abate the incisiveness of the injustice to the wronged party. In
the circumstances, berating judiciary for punishing a person for committing a wrong, just
because the person enjoys a good reputation, is travesty of reasonableness. It is in fairness
to presume that the judiciary which is posted of all aspects of a disputed issue for years,
studied them in pro rata importance before pronouncing its judgements in all its variance.
Such a faith in judiciary is sine qua non until myriad slip in part of the judiciary in major
cases of national importance disturb the national conscience at all strata to prove, sine dubio,
that the judiciary no more remains the cardinal dispensor of justice. Taking judiciary to task
in other circumstances on the basis of punishment awarded to an individual or a blessed
section of the society for a proved wrong as the judiciary sees it or for the quantum of
punishment awarded as the judiciary sees it in its wisdom as right vis a vis the injustices
heaped upon the plebeian everyday in India by various government bodies and civil servants
sans an easy recourse for justice and for that reason, accepted in mute suffering, is height of
unbalanced appropinquation in public affairs.
When judiciary, particularly the highest seat of judiciary in the country, decides the
quantum of punishment to be awarded for a wrong, it keeps in mind the gravity of the wrong,
mens rea, suffering undergone by the petitioner, the message of the judiciary in the
circumstances to the public at large, dignity of the judiciary and the interests of the nation
and its people. Judiciary is a professional body to consider all these aspects before passing its
judgement. When so many aspects are in stake, just the dignity of a privileged individual or
section f society cannot be a criterion for relaxing the quantum of punishment. Anybody
arguing against judicial pronouncement because of sympathy for a privileged individual or
section may not be doing his public service in excelsis.
Often, judicial pronouncements are commented upon for using diverse yardsticks in
awarding the quantum of punishment for the same wrong at different times. Such comments
are based on wrong notion of judiciary as a linear punishing apparatus. Judicial function at
no time, even in ancient India, was limited to the simplistic job of equating the quantum of a
wrong with the quantum of punishment. Indian judiciary was and in its western heritage of
present days is, always creative in its dispensation of justice and takes causes and effects and
overall interests of the public in its administration of justice. It is in the interest of the
administration of justice and the system of government to leave the matter at it with liberty to
the judiciary to compute more suo, the quantum of punishment to be awarded on its own
wisdom rather than shattering the public confidence on the judicial system with comments
based on clouded thinking.
.215
PRAVEEN KUMAR
.216
PRAVEEN KUMAR
the consequences of the judiciarys ultimate findings. The judiciary cannot be held
responsible for the glitches of the concerned parties at all. The concerned parties are free to
exercise their option either to own responsibility for the wrong under issue or to show to the
judiciary, under what circumstances they were forced not to do full justice as judiciary
thinks it had to, even though such revelations put them and other concerned persons in
difficulties, judiciary cannot be blamed for passing orders against persons who fail to come
clean before it, even after being called to do it.
What is called as activism in judiciary has come as a blessing to India. The process may
more appropriately be called as creative judiciary and will certainly do a lot of good to India,
its people, its judiciary and its system of government. Rather than advocating sticking to the
old grannys back, Indian opinion leaders including intellectuals, press and electronic media
must support judiciary to shed its lethargy and come actively to perform its sacrosanct
responsibility of reigning in pandemic injustice in Indian society. It is a wonder that Indians
are in reverse gear while its judiciary rose to its constitutional responsibility.
.217
PRAVEEN KUMAR
.218
PRAVEEN KUMAR
require periodical programmes to sensitise them to the cause of social equality and social
justice.
NEED OF CIRCUMSPECTION
Social injustices of discrimination and exploitation are committed by the pollent on their
weaker counterparts. This makes witnesses to crimes reluctant witnesses for the fear of
reprisals. The natural resourcefulness of the police comes to the fore in handling such
obstacles. In a social situation where the exigencies of survival, coexistence and security
force rival parties to bury the hatchet and the weaker of the two submit again to the tyranny of
the pollent for the sake of survival, commitment of the police to the goal of social justice
plays a crucial role in bringing offenders to the book and absterging evils from the body of
the society. However discreetness and circumspection are the calves here. In nonserious
cases where possibility of exploitation in future is ruled out, rehabilitation and compensation
become important factors from the human side of the issue and the need of a fair settlement
gains ground. Police are required to attend these problems with discreetness and
circumspection in the best interests of the society and justice. Ability to handle situations
with creative ingine is the core of the skill of handling socially sensitive cases.
LOCUS STANDI OF ECONOMIC INEQUALITIES
Discriminations and exploitations based on race and caste take myriad forms and shapes
in India of a million races and castes, each individually and in groups discriminating against
the other. The main strain of this discrimination is about 20% of the countrys population
specified by the President as Scheduled Castes and Scheduled Tribes under Articles 341 and
342 respectively of the Constitution being discriminated against and exploited by forward
communities. Discrimination against and exploitation of have-nots by the well-to-do is the
elan of all discriminations of race. Caste and sex practised in extant India. Power and
strength make all the differences in this world. Money, knowledge, mental ability, political
power and muscle power constitute real power and strength. Those who have access to these
powers and strength. Those who have access to these powers and strengths come out
successful irrespective of their race, caste and sex. It is the weak and powerless irrespective
of race, caste and sex are exploited most. Weak and powerless sections of society in race,
caste and sex are discriminated against and exploited most. The police with their statutory
powers, laws, arms and weapons are in position to give spine to the weak and powerless in
discharge of duties towards social justice.
CONFIDENCE BUILDING
Police support to weaker sections can be physical and psychological. Physical support
covers aspects like providing protection, strict enforcement of social laws and honest
investigation to violations. Psyhological support implies carrying out above responsibilities
with an added objective of creating a sense of confidence and well-being in the exploited
sections of the society. Making enforcements of social laws a show-piece of deterrence also
.219
PRAVEEN KUMAR
helps. The psychological aspect needs emphasis in policing against social evils. Enforcing
laws for its own sake does not help tackling social issues. Involvement and participation of
the police with a sympathetic commitment to social justice is the clavis. The immane
approach of the rich and powerful to their weaker counterparts has to be countered with the
strong arm methods of the state power through its tool of police.
CIVIL RIGHTS ENFORCEMENT
Civil Rights Directorates au reste the executive police bear the responsibility of protecting
the interests of the exploited races and castes of the society. Police endeavour to guarantee
strict enforcement of the provisions of The Protection of Civil Rights Act, 1995 and the
Scheduled Castes and the Scheduled Tribes ( Prevention of Atrocities) Act 1989 as amended
from time to time and rules thereunder, au reste keeping pernoctation on violations of
constitutional safeguards and protections to Scheduled Castes and Scheduled Tribes. Police
have responsibilities to give relief under rules and laws pertaining to bonded labour, debt
relief and land grants. They are duty-bound to trace the cases of misrepresentation of castes
to knock off the benefits given by the government orders pertaining to reservations to these
groups of the society. The responsibilities of the police is to ensure that really weak and
helpless among these weaker sections get maximum benefits of the state protection and
benevolence. The discreetness and circumspection needed to make this task of social justice
possible cannot be indited in law and has to be exercised by the police by its own
commitment to the cause of social justice.
ATROCITIES AGAINST WOMEN
Rape, unnatural offences, dowry harassments, abduction, kidnapping, outraging modesty,
eves teasing, marriage offences, causing forcible miscarriage and forcing to prostitution are
the most common outrages committed against women by the more powerful men. The
discrimination and exploitation accounts for about 50% of the population committing
injustices against the other 50% and for this reason assumes serious dimensions as a social
malady. Unlike offences against weaker races and castes, most offences against women are
punishable under the Indian Penal Code; rape and unnatural offences come under sections
from 375 to 377, abduction and kidnapping under sections from 364 to 369, marriage
offences under sections from 493 to 498, outraging the modesty under section 354, insulting
the modesty under section 509 and forcible miscarriage under section 314. The Suppression
of Immoral Traffic in Women and Girls Act, 1956 and its amendment in 1986 with rules
thereunder deal with offences relating to immoral traffic in women and girls. The Dowry
Prohibition Act, 1961 with its amendments of 1984 and 1986 and rules thereunder deal with
dowry harassments and dowry deaths either by homicide or abetment to commit suicide
caused against young girls by their husbands, in-laws and their associates. The Criminal Law
(Amendment) Act,1983 (No.43/83) and The Criminal Law (2nd Amendment) Act,1983
(No.46/83) brought further safeguards to women during the investigation and trial of
offences under immoral traffic and dowry prohibition Acts. Dowry death cases have become
sensational topical issues these days with the public being highly sensitised to the menace of
the crime which deliver an innocent girl at the deaths door. Each such case outrages the
patience of thinking people and rouses passion and outcry against the perpetrators of the
.220
PRAVEEN KUMAR
crime. The police must give special importance to the prevention and investigation processes
of these crimes.
Social justice is a glidder concept that changes its hues with time depending on prevailing
social norms and social values. No age has a right to preconise its own norms and values as
absolute and peremptory. In this sense, every social law is passe and peregrine beyond its
immediate time frame. The deciduous nature of social laws necessiates circumspect approach
in their enforcement for the reason that mens rea in the sense it is used in conventional
offences may be absent in these cases. The change of the face of social justice brings new
social laws with it. Police must go pari passu with these developments and differentiate
between justice and injustice selon les regles in force at the time. Effective enforcement of
social laws reinforces reigning social norms and values by giving them the teeth of law. How
it is done depends on the commitment of the police to the cause of social justice and equality.
.221
PRAVEEN KUMAR
Police deal with social ills as physicians and surgeons deal with physical ills. A surgeon
incises parts of the body to set right wrongs and remove dangerous growths from the system
to save a person while a police do the same for the society. Police job like the works of a
surgeon involves administration of bitter potions, prescription of restrictions and incisions to
lay foundation for a sturdy system. Like medical profession, policing is a highly responsible
function and ergo needs to be bound by moral ethos as lex non scripta to avoid misuse of
special rights involved in discharge of duties. Both professions involve independent
decisions in handling each case and exercise of infrangible conscience in doing justice to it.
The difference lies in the medical profession mostly maintaining its pristine purity as a
profession while police as a splinter of bureaucracy being illaqueated by formalities and
procedures inherent in government functions at the cost of forthright involvement and
commitment immanent to a profession. The ineluctable hierarchical order as the spine of
policing and the concomitant interferences from above bring a measure of incertitude and
render honest and professional policing nonpossumus by depriving field officers their
freedom in handling cases on dictates of the conscience. This perforce adversely affects the
effectiveness of policing and ipso facto, the health of the society. It is the reason why in spite
of sound presence of the social surgeons, Indian society witness the deterioration of its health
de mal en pis each passing year.
TRUST OF THE PEOPLE
Physicians and surgeons have as much potentiality and opportunity to damage as to save
health. Because of their expertise and credibility, surgeons have umpteen opportunities to use
their tools and instruments on people on the claim of restoring health. The whole process is
based on trust on the surgeons and their honesty. Imagine the situation when the lot of
surgeons is greedy and sans scruples, while the people have no alternative to offering
themselves for surgery to their hands in times of need. None can be sure what would happen
to an unconscious patient on the operation table in the hands of such surgeons behind the
closed doors of the operation theatre. The whole situation becomes hopeless when the whole
setup is run by similarly profligate surgeons and the precept that birds of the same feather
flock together operates to hold them in syndesis at the expense of any relief by appeals or
complaints. The harm done to the patient to meet the greed of the surgeons would be pro rata
to the latters immoral propensities. Synergy among them may lead even to venal deals in
human organs at the expense of the health of the ignorant people. Their contempt for
professional skills and negligent work may tremendously harm the safety of the patients. The
situation in the field is certain to wreck the trust of the people on the surgeons. The
predicament forces them to rely on the contabescent setup foute de mieux. The hapless
position spawns a sense of disillusion in people and they even resign to the situation as
helpless subjects. This exactly is the situation of the social surgery by the police in India.
The society has to depend for surgery upon an epinosic organisation, which is inefficient,
enrivon with quandaries, mismanaged, enfested with scandals and above all, undependable.
The society, for its well-being, has to fall on an organisation with which it tends to keep
.222
PRAVEEN KUMAR
distance and thinks it indignity to associate, its womenfolk consider as an insult on their
womanhood to approach and its children see it as an image of fear and silenced by invoking
its name to gallow. It is the predicament of the Indian society. On the one hand, the popular
image of the police in Indian psyche is that of a devil, of an evil. But, it has to fall on the
police for all of its social evils. Though part of the bad image of the police is sheer myth, part
in quiddity is the result of wrong people and wrong concepts coming to the centrestage in
Indian police from a long time.
RELEVANCE OF CRUELTY
The similarly of surgeons and police basically is their hard means to achieve the desired
end- surgical methods involving incisive tools to cut and remove unwanted growths. It is en
regle as far as surgeries and concerned. The tragedy of the police lies in de trop extension of
the hard means unlike surgeons to other aspects of life. The difference between a surgeon and
a police is that while a surgeon outside the operation theatre is a gentleman every farden,
unaffected by the ambience, the hard approach renders a police apocryphal at the cost of civil
living and basic human nature. This is why the image of the police is very low. The hard
methods in police extend even to its policy of human resources management at the cost of
neoteric principles of man management. The rule of thumb continues to be the bedrock of
handling human resources. Ruthlessness and cruelty are its principal weapons in bringing
subordinates and the public to submission. Human dignity is an unknown concept in the
police. The result sees motivation becoming a casualty in the bedlamish system.
SADISTIC PLEASURE
The endless affairs with legal matters perhaps insensitise the police to the problems of
legality. This is evident in their hors la loi approach to various issues. The police seem to
think that end justifies the means. The problems of malfeasance are common in the police.
The mode of approach of the police to man management proves this. No scruple is shown in
measures meant to bring a subordinate to knees or an accused to confess to the offence, he
had not committed. Third degree methods in interrogations is a too familiar issue to discuss
here. Though third degree methods are universal in application in police investigations, there
are vital differences in their use in advanced and countries like India. While utmost care and
discreetness are employed in englightened police forces of advanced countries in deciding
whether a particular individual has to be subjected to serve interrogations, where imminence
of the concerned person being an offender is a prime criterion and the methods are used as the
dernier ressort, Indian police like their counterparts in backward countries adopt third degree
methods in investigation as their staple right over innocent citizens and fall to it in the first
available instant like wolves on their preys. It cannot be gainsaid that there is a streak of
sadistic pleasure in Indian police. They think that third degree methods are de rigueur in
crime investigation. The sadistic pleasure finds expression in severity down the hierarchical
ladder at the cost of dignity and self- respect of others down the ladder. It is a free-for-all field
. Basic values like mutual respect and courtesies are rare in Indian police. Ruthlessness and
cruelty are the ropes Indian police find commodious with. This invidious stria is hardly the
desirable attribute to which any decent society wants to submit itself for any treatment.
LACK OF COMMITMENT
A ken of the extent to which the Indian social surgeons are committed to their work and
goals can be had from the fact that in a small department headed by a Director General of
.223
PRAVEEN KUMAR
Police, deputed from the police department in a southern state of India, a criminal case of
fraud and forgery involving a huge amount was launched against some staff members of the
department in a police station after the misdeeds were unearthed during an audit. The
circumstances of the case normally warrant departmental actions like suspension of the
officials, departmental enquiries and measures to recover the loss to follow the launching of
the criminal case. In this case, the department washed off its hands after launching the
criminal case as if it had nothing to do about the fraud and forgery in its own organisation.
No suspensions, no departmental enquiries, no recovery processes. Even the criminal case
was just a front to save the skin of the people at the helm of the was just a front to save the
skin of the people at the helm of the organisation. Advice from well-meaning officers in the
department to the DGP in 1996 to take the affairs to their logical ends by initiating essential
departmental actions as an apotropaic measure fell on dunny ears. In addition, the police who
were investigating the case were surreptitiously advised by the DGP to go slow with the case
till the people involved in the case easily retire. This much about the zeal of Indian police as
social surgeons in tackling evils.
Surgeon is an abracadabra; the concept of social surgeon is pregnant with highest
ideals human mind can conceive. The application of this concept to recognise the duties of
the police is the highest honour the society has invested the police with, and ipso facto lays
sublime responsibilities on the rough and tough little shoulders of the police. Unfortunately,
police suffer from alexia and fail to read the elevated position in which they are held while
recognised as social surgeons. It is position in which they are held while recognised as social
surgeons. It is sad to see how the sacred responsibilities are not only frittered away, but
abused at will to the chagrin of the hoi polloi. The consequence is that while the police is yet
seen and called as social surgeons foute de mieux, they are no more loved and respected as
social surgeons should be. On the other hand, they are misprised and distanced for the
apostasy, they suffer from their avowed path. Indeed the fear of police is there because of the
weapons and the muscle of power they weild. In some parts of the country, even the rear is
glidder after the pelbeian has learnt the lesson that money can do any tricks with the police.
The cause of the degringolade certainly lies in the police itself, in the type of people enter the
service, their calibre, their values and convictions and the professional atmosphere created by
the service. If the organisation and the people in it cannot rise to the high levels expected of it
and prove their raison detre, the reason lies in its ephemeral self-interests ectogenous to the
professional values and ideals. Police as social surgeons perforce require single-minded
commitment to the cause of well-being of the society. It is seld or never found in present
Indian police. The society whose well-being is the responsibility of the police, know it. The
police know it. The society is left to itself to mend its problems. Police work only when there
is gratification and while people with muscles of money and power need help. This certainly
is not characteristic of a social surgeon, but of a social-wrecker. Sadly Indian police is
becoming that in oodles, the protector of and tool in the hands of rich and powerful. The
preposterous trend has to stop in the interests of the police as an organisation and a
profession, the society, the country and the humanity. The key for this change lies in creation
of right professional ambience in the police system. The secret of creating right atmosphere
lies in right leadership and the burden of right leadership lies on right convictions about the
importance of police and policing as a profession. The malaise of Indian police lies in lack of
right convictions about the importance of policing as a profession. The result is that all types
of wolves ab intra et ab extra falling on the system to tear it from all sides and eating it. The
wolves within are more dangerous than outside. The ensure that no upright resistance breed
ab intra to the detriment of their esurient appetite and no professional pride raises its head to
topple their schemes of self-promotion The only response of their greed is wrecking
.224
PRAVEEN KUMAR
uprightness and professional pride wherever they are traced. Such hawks in higher echelons
of the career-ladder succeeded in their schemes and the result is the Indian police in its
present wretched state. The salvation of Indian police lies in breaking the vice prise of these
arriviste and laying it in the safe hands of the professionals steeped in the foundations of
professional pride and uprightness, to make the system acceptable to the society as its
protector and social surgeons true to the abracadabra.
.225
PRAVEEN KUMAR
The importance of political crimes for the police lies in politics and crimes being two
fields ex utraque parte of policing with the police depending on political leaders for
sustenance while acting on criminals to justify its raison detre. The police can ably deal with
politicians and criminals separately in discharge of their professional duties with their
obedience and subordination side furbished for political masters and tough and ruthless side
reserved for criminals. Unfortunately, the police are not required always to deal with politics
and crimes separately. They are more and more required to handle a special category of
crimes by the name, political crimes where their masters and subjects join hands to their
chagrin. To further flummox the issue, the political crimes rate the highest in the scale of
importance of various crimes on the basis of national interests at stake, the prominence of
personalities involved and the magnitude of interests, the crimes arouse in the country and
outside. The scope of political crimes range from petty crimes committed by political
activists to serious crimes including white-collar crimes committed in the colour of
performing political duties to grave crimes against national interests committed for political
reasons from within or outside the country. The gravity of political crimes and their threat to
the national interests subject them to the scrutiny and handling by a district of distinct
security apparatus attached to the intelligence setup in addition to the usual purview of the
uniformed police. But, the technique of handling political crimes in India is yet to be
perfected. The present technique is yet a patch work and the police especially at the top are
psychologically ill-equipped to handle political crimes as seen by poor performance of the
Indian police in handling of such important political crimes as Bofors Gun deal, St.Kitts
affairs, Jain Hawala case, anti-sikh riots of 1984 and investigation of cases against godman
Chandraswamy. The result is proliferation of political crimes in India and fear of a parallel
rule by the crime world coming into existence under political patronage.
CRIME AS A TOOL OF POWERGAME
Vohra Committee report on the nexus of politicians and criminals perspicaciously
indicated Indian political culture for its close links with the underworld and provided a
compte rendu on the havoc created by the criminalisation of politics and the politicisation of
crime. Politics imprimis being a powergame and an art of possible, Shakespeares
characterisation of love and war where everything is fair, most politicians obviously
presume, holds good to their profession as well. War and politics being two facets of the
same powergame, one external and one internal, there is no point why the axiom that
everything is fair in politics should not be honoured while fairness of war in all its shapes and
forms is sacrosanct. As politics being a powergame in extremis like war and decides the
degringolade or steep rise of those involuted in it, the politicians are convinced that they are
justified in seeking any means, apocryphal or de jure, to ensure that they win and survive.
Afterall, being suicidal is not a virtue; nor faulting the art of possible bring any credit in
public life. Ultimately, it is success that decides what is right and wrong. There is no sin or
wrong worse than a defeat. History has shown how success can absterge even the sin of mass
murder of innocent people by dropping atom bombs. The cardinal goal of survival and
success is the first priority and the means to achieve it takes care of itself. Depending upon
the success or failure of the mission in hand. So goes the thinking of politicians maintaining
.226
PRAVEEN KUMAR
close links with underworld. The only gaffe in their perception of politics is their failure
understand politics in a civilised system like democracy as a powergame selon les regles
unlike emotional games of love and war, where everything goes by emotion and passion. In
a democratic party system, where procedures are shaped to make the rule of the majority a
scientific reality in form of constitutional provisions, rule of law is paramount and one who
moves extra muros is not only debarred from the game, but also dealt as a criminal. However
, many politicians refuse to accept constraints on their political powerplay and continue to
indulge in links with criminal world to have immediate need of winning power fulfilled. The
crux of the problem of Indian politics lies in this with certain categories of crimes in delicius
of Indian political field loosening the very terra firma of the Indian democratic system.
POLITICIAL MURDERS
Political murders are common features these days in India. When a political adversary
grows to be an irritant, too serious for comfort., he is seen to be eliminated. No career
politician wants to stain his name with a murder case and get his name registered as a criminal
in police station. He does the work through his faithful underworld henchmen whom he
keeps in good humour always for being available for such a need, by providing him political
support and protection. For this, he keeps the police at his side. This is easily done by
intervening in police postings and helping to get early promitons for favoured ones.
BOOTH CAPTURING
A candidate for an election may even resort to booth capturing through his criminal aides
to facilitate his victory. This operation requires through planning and training of the men
involved, apart from the willing cooperation of the police. An attempt at boothcapturing can
succeed only with the intrenchant nexus between politicians, criminals and the police for
synergy.
POLITICAL KIDNAPPING
Political kidnapping is an international phenomenon that comminated the world of
diplomacy in excelsis in the 1970s. The Menace trickled onto the Indian scene though
slowly, decisively in the 1980s. The realisation that political ends can be easily met by the
malengine of the kidnap-drama opened up an aboideau to the terrorists who were acharne to
meet their political telos. The increase in terrorist activities in India, perchance, as an
outcome of the suspected balkanisation of India policy adopted by some foreign countries,
made political kidnapping an ubiquitious reality on the Indian political scene from the latter
half of the 1980s. The terrorists of Kashmir and Punjab set the tone in India which was
picked up by the Peoples War Group and the ULFAs in the 1990s. The inexperience of
Indian political leaders in tackling the problem complicated the matter. While most countries
around the world explicated a policy of stubborn refusal to yield to kidnappers demands
under straints, the Indian leaders goofed by displaying their weaknesses while people close to
them were abducted, in yielding to demands as a quid pro quo in releasing large number of
dangerous terrorists, who were arrested at huge cost and loss of lives. The situation has been
further complicated by adopting a policy of double standards in sacrificing the lives of lesser
mortals in some other cases. It is obviously sending a mauvais depeche to the would-beterrorists that the closer the proximity of the kidnapped to a political leader, the bigger is the
chance of meeting their political ends.
.227
PRAVEEN KUMAR
The reclame attached to the kidnap-drama and the arousal of the public interest in the
developments that follow is another dimension of the political kidnapping that brings an
identification and gives an image to a terrorist outfit as nothing else can. It has become a
fashion to initiate a terrorist outfit with a kidnapping operation. The chevisance in the
inchoate drama proves the strength and resourcefulness of the new outfit and its locus standi
among such other outfits, in the way the murders committed by a recruit decides his place in
the mafia. The finesse displayed in executing the operation to a successful end decides the
futue of the organisation, a part form the advantages of the ransom money and the release of
compatriots. Interestingly, the first experiment of political kidnapping in the Indian scene
was conducted in a foreign country in the form of the egregious abduction and killing of Mr.
R.H.Mhatre, a junior diplomat in the Birmingham consulate in the first week of February,
1984 by JKLF militants.
POLITICAL KIDNAPPING VERSUS DISPLOMACY
Political kidnapping and murder is tout court the most heinuous crime that often involves
cold-blooded murder of absolutely innocent people for political ends. The mental agony and
postliminary destruction involved to the maledict hostages and their near and dear ones
because of the misguided entrainement of a handful of greenhorns go waste and make
kidnapping an infructuous political tool at the end. The considerable fall in the incidences
for political kidnapping on the international scene of late is an indication of the increasing
realisation of this fact, Crime scarcely survives in the situations of haute politique like
diplomacy and relations between nations. High thinking by enlightened people functions as
a catchpole to check the criminal tendencies from being perpetuated. Political kidnapping in
the Indian scene is also bound to be a temporal phenomenon as seen otherwhere in the
world.
PROFESSIONAL CRIMINALS IN KIDNAP DRAMA
A disturbing tread in political kidnapping is the possibility of professional criminals like
smugglers and drug peddlers resorting to political kidnappings at the hest of their illegal
profession in the guise of political kidnappers. The accrescent dependence of terrorists and
professional criminals on each adds to the complexity. This unhealthy situation is already
true in India as it is in many other countries.
POLITICAL KIDNAPPINGS IN INDIAN SCENE
The operation Rhino against the ULFA activities is a direct off-shoot of a series of
kidnappings of Indian and foreign nationals and killing of some of them by the ULFA
militants in Assam. The peoples War Group in Andhra Pradesh is going progressively active
in kidnapping government officials to bring the state government on its knees. The
government of Andhra Pradesh is yet to take the gauntlet by the horns. The kidnap dramas
excoriate criminals, politicians and the police to a war of nerves and those who have steelnerves in them, emerge successful in the end. The political kidnappings are further
complicating the welter created in the Indian and international scene by the rise of
kidnappings by misadventurous individuals or groups lucri causa. The kidnappings
becoming the piece de reistance of organised crime as a means of making a fast buck is
already evident on the Indian scene as more and more reports of businessmen, industrialists
or their relatives and children being kidnapped for ransom appear in newspapers in Bihar,
Uttar Pradesh, Assam, Punjab, Delhi, Calcutta, Bombay and even smaller places. Ascensive
.228
PRAVEEN KUMAR
.229
PRAVEEN KUMAR
.230
PRAVEEN KUMAR
.231
PRAVEEN KUMAR
details of work to be attended to, like evacuation of lunatics, police-public relations peace
committees, mobilisation of NCC and volunteer organisation etc. But, unfortunately, there is
nothing really instructive in these schemes for a security officer of good field experience and
sound common sense. The only advantage the schemes provide is that all obvious measures
are listed in a raisonne nutshell for easy reference. But, as said before, albeit the measures
listed out are exhaustive as routine jobs to be performed in such disturbances, they in no way,
help in tackling complex internal security challenges of the present day. The reason for this
is that the format of the schemes was conceived decades back when challenges of internal
security were simpler and on expected lines. No serious thought was given to overhauling
the format of the scheme since then. The position though is similar in respect of the blue
book which deals with aspects of security for dignitaries, political compulsions helped to
update them as more and more dignitaries fell to the bullets of exremists. The updating of the
blue book is one of the plus points of the subservience of the police to political masters. Yet,
the blue book too needs a complete overhauling on the basis of the new realities of security
challenges and new perceptions and conceptions about meeting such challenges.
CHALLENGES OF INTERNAL SECURITY
What the new blue book and new model internal securiy schemes need are guidelines on
how to approach a security challenge and not what peripheral matters should be attended to,
Each security challenge of the present day is sui generis and needs a specific approach
depending upon the time, the place and other circumstances of the challenge. It is too
simplistic to imagine that a common formula, however exhaustive it be, can tackle all internal
security challenges of the present day. The blue book and model internal security schemes
must lay down broad guidelines and the spirit with which security challenges, available
methods of approach for each class of challenge, salient features of the risks involved and
precautions to be attended to alternative courses of action and assessment of the chances of
success for each course under different circumstances etc. The security guidelines must name
the nature of security threats under various situations and list out likely targets of sabotage
under all imaginable circumstances. They must be able to forewarn about potential sources
of threats and suggest ways and means of overcoming them and invent short and long-range
plans to meet likely serious challenges. Such an approach to security relieves pressure on
prototypal security and shifts stress to creative security and saves manpower and other
resources from being wasted on unproductive quotidian mobilisation. This works an a
panpharmacon to the under-utilisation of precious security tools by unintelligent routine
deployment.
Political crimes call for special skills in police in handling them as the crimes involute
political leaders and ergo, sensitive in nature. Such crimes are often of national importance
and draws the glare of pubic attention with all hues of judgements passed by all kinds of
people. There would be pulls and counterpulls by influential people from different sides at
all levels of policing to handle them in a particular rendering objective appropinquation to
such crimes non possumus, unless concerned police officer dares to endanger his own career
prospects and even his life to achieve the object of objectivity. Only special skills save police
from such a terrible fixe. The skills are hard to come and very taxing on the police. But, these
are the job hazards and police must learn to live with it.
.232
PRAVEEN KUMAR
.233
PRAVEEN KUMAR
The root of the problem lies in the civilian control of the police; this control renders the
police liable to function at the pleasure of the civilian authorities against whom also the
police are required to proceed as required by its professional ethics relentlessly in case of
commission of criminal acts. This is a strange position in a disciplined organisation in which
absolute obedience to masters in the most sanctimonious obligation. Thus the police finds
itself in an unenviable position of being absolutely obedient to its political and civil masters,
antilogous to being ever-ready professionally to proceed against to put them in the gaol. This
is an impossible position for the police and against the tenets of the human nature. But, this
impossibly contrarious functions are expected from the police The problem is overcome by
advanced countries like the United Kingdom by strict adherence to the chain of command
with the head of the organisation responsible to the laws of the country while civilian
authority has to be contented with the administrative control of the police. The safeguard is
yet to seep into the police system of democratic Indian.
THE POLICE AND THE MAGISTERIAL POWERS
However, complete insulation of the police from the civilian control may not be a healthy
development per se in a democratic rule. Here, the need of check over a function through
the bifurcation of operation and control processes in related job a la the bifurcation of
accounts and audit functions in accounts department come to the fore. The police au fond is
arms and muscle of the administration; it basically is an operational wing of the
administration. It is only the watchdog of the administration. This locus standi of the police
imprimis denies it any job, related with administrative decisions and assessments. The police
is there to obey the orders of the administrative machinery above it to exercise control over
it. A watchdog perforce indicates a master to rein in. This nature of the police functions
necessitates administrative control over it in the use of force and other enforcement activities.
This is the backdrop of magisterial powers being denied to the police except where police
commissionerates are organised. The demand of the police to invest it with the magisterial
powers is a corpus of the ongoing dispute. The matter continues to be a contentious issue
between the police and the civil administration and a major source of dissatisfaction in the
police force. The civil administration is resisting a toute force any attempts to do away the
magisterial powers from its hand in favour of the police, it be in promulgating preventive
orders or issuing search warrants or conducting inquest proceedings or initiating externment
proceedings or initiating preventive proceedings or ordering the use of force, to name only a
few. The argument of the police is that the denial of the magisterial powers which are
exercised by officers as low as Tahsildars in the civil administration is a preposterous step
sans any rational basis and suggests lack of trust in the police organisation. The denial of the
magisterial powers to the police has nothing to do with trust or lack of it a la audit control
over accounts function does not suggest lack of trust in accounts. The police have forgotten
that the civilian control over the police is in step with well established principles of
administration and functions as a safeguard to the hoi polloi against the dangerous
overstepping or overzealous use of police powers, potential of bringing destruction including
death. Use of force by whomever it be, has a tendency to exceed the limits of requirement
and the plebeian has to be protected from such possibilities. Ergo, the magisterial control
over the police. It is a professional requirement in sound administration rather than an issue
of who is more trustworthy. The resistance of the civil administration to the demands of the
police for the magisterial powers is justified to that extent. The police commissionerates are
.234
PRAVEEN KUMAR
special organisations for special circumstances requiring intensive policing under the closer
scrutiny of the government in charge of civil authorities. Yet, both magisterial powers and
the police powers being invested in the same hand requiries lots of explanation to be a
convincing administrative arrangement.
PROFESSIONAL POLICING
In professional terms, insulation of the police only implies insulation from the political
control of the police functions. Neither the magisterial control over the police functions nor
the administrative control of the police force by the civil authorities come under the meaning
of this concept. The symbion between the magisterial control and the policing functions in
one hand and between and administrative control and the organisational buildup on the
other hand is essential for a healthy police setup. The symbion should stop here. Nothing
more. When it comes to policing by the police per se, when policing operations demand
professional decisions, it should perspicaciously be professional police decisions sans outside
interferences in any form. The police organisation has to be built up as a system to achieve
this essential goal to make policing a professional, convincing and creditable job wherein
there would be no scope for any outside interferences in policing with the highest authority in
the setup being responsible only to the rules and laws framed for the purpose a la the policing
system in Britain.
JUDICIARY AND THE POLICE
The position of the police as the enforcer of the laws of the country gives it an important
place in the judicial system of the country in enforcement of laws, preventive measures and
investigation of crimes and provides it a strategic relationship with the dispenser of laws
namely the judiciary. Though the judiciary has absolutely no say in the organisational
matters of the police force, it, if it so desires and have adequate resources to do it, can have
absolute control over the police functions as the police au fond is the enforcer of laws and the
judiciary is the interpreter and dispenser of the laws and the synergy between the two
functions perforce implies absolute subordination of the police functions to the judicial
review. However, this may not be the case in practice for several reasons. One is the concept
of judicial restraint. Another is the constraints within which the judiciary functions. The
other is the disinclination of the judiciary to interfere with the executive functions of the
police unless circumstances compel it to do so to discharge its cardinal responsibility of
upholding the rule of law and justice in the country.
In the spectrum of the state administration, the police enjoys or suffers a rather polemic
position defying many principles of the statecraft like the insulation of legislature, executive
and judiciary in the machinery of the state governance or the compatibility between the
constitutional rights invested with the importance enjoyed by a government organisation in
the state administration. The police organisation on the other hand is the best example of the
unity of state administration, of the synergy of various organs of the state governance. It, as
an enforcer of laws, investigator of crimes and an apparatus of state security, share a lever
with all the pockets of the statecraft and acts as the spinal chord of the government by
.235
PRAVEEN KUMAR
coordinating the functions of the legislature, the executive and the judiciary in establishing
the rule of law. Its bonds with the executive and the judiciary are equally strong and act as a
powerful link between the two powerful sings of the government. It is a string that binds
disparate wings and organs of the government together and give it a sense of oneness and
belonging while itself remains en arriere. This explains the sine qua non of the police in state
administration while denying it a ranking place as a governing body sui juris like many other
organs of the state administration. The police as a government agency represents the driving
force of the executive and the controlling device of the judiciary. It is the working muscle of
the government. It represents the law of the country and therefore ultimately responsible to
the laws of the country. While it is part of the executive, its subordination to the judiciary and
responsibility towards the law of the country raise it above the scope of the executive
functions. While it is part of the judiciary, its position as a handmaid of the executive,
spreads its role above the scope of the judiciary. Ergo, the police is a government agency that
performs functions both within and above the scope of the executive and judiciary as well as
the legislature. The police is a government agency that performs functions both within and
above the scope of the executive and judiciary as well as the legislature. The police is part of
all these wings of the government and subordinate of each to them while outgrow each of
them in professional discharge of its responsibilities. What is required is the realisation of
this sui generis position of the police and preparing itself mentally to discharge these cardinal
responsibilities in compatibility with the professional requirements.
.236
PRAVEEN KUMAR
The British were the forefathers of the unified Indian police. They created the reticulation
of the police force for India with their own designs and objects in sight. It was a force that
met the needs of the time. In an age of rapid changes due to the opening up of new vistas and
dimensions to life by inventions and discoveries in science and technology, nothing remains
quiescent. The scope, design and objects of the Indian police underwent a basic
metamorphosis with the transfer of government to native hands. The process spawned a
synod wherein undemanding aspects of both the worlds survived to create a new police
culture. The distinguishing traits of the Indian police of the British vintage like objectivity,
apoliticism, commitment, discipline, quality and high standards were discarded as peregrine
and irrelevant in the changed circumstances; and traditional Indian values like simplicity,
charity, wisdom, mutual respect, encraty and human qualities were distanced as Indian to the
police culture. The convenient factors of the old and new worlds were chosen to warp a new
world of police culture while demands on policing were at the crucial stage in the creant
years of national independence. The cabal was struck by the Indian police officers who
rapidly rose in their career overnight to fill the void, created by the resignations of their senior
British officers in the ancien regime on the eve of independence. The demand for creating a
new work relationship with native political leaders was a historical opportunity to carve a
new police culture in free India. The incompetence of the then police impresarios, their
greed, parochial approach and self-interests spawned the wrong type of police culture. They
laid mendacious praxis to those lower by bending laws and conscience to aggrate men in
power with the myopic object of promoting ain career and personal interests. The police
became a lithe tool in the hands of the power-brokers of free India. How can the police be
objective, honest, apolitical, committed and disciplined in such an atrophy and how can it
uphold the rule of law and justice in line with its professional edict in such a circumstance?.
A fixation towards political masters at the cost of professional uprightness is the most
obvious manifestation of this organisational character of the police setup. The symptoms are
deeper at higher ranks and reach their saturation at the rank of the chiefs where political
selections are crucial in appointments to the levels. Except in rarest of the rare cases, every
police officer ascensively obtempers and goes sequacious to political masters as he comes
nearer to the coveted selection post. Two distinct types can be marked in this approach. In
one, officers take to subordination to political leaders as a convenient policy from the very
beginning of their career, and as a policy, make themselves subject to the dictates of all
political leaders. The very concept of politics is sacrosanct to them and anybody in it
deserves their absolute obeisance. They find the germ of professional rectitude in meeting
needs of political masters and other political leaders. Any talk of professionalism in the
police ectogenesis to political relevance does not make sense to them. Every state in India
has a set of such police officers who are generally meek and very popular with politicians of
any colour and succeed in getting favourable postings which ever party comes to power. It is
not an accident that these officers often become intelligence chiefs and in most cases succeed
to retire as the chiefs of the concerned police organisations because of their easy proximity to
politicians and willing readiness to stoop to any level at the behests of their political masters.
Politicians in power need such officers in jobs where lawless operations like tapping of
telephones and illegal operations are part of the game.
.237
PRAVEEN KUMAR
There is another set of officers who turn soft to politicians as they reach the stage of being
subjected to political scrutiny for being selected to coveted posts like the chief of the
concerned police set up. These officers are generally known as strict officers and hailed for
their professional uprightness and competence from the beginning of their career, which is
marked with erratic rises and falls on political whims. The public mark them as ideal
professionals. But changes appear in them as they approach the D-day of their career and
they become the best friends of political heads to corner selection posts with the zeal of a new
convert.
In an annual conference of police officers in a state police chief lambasted his Chief
Minister and Home Minister in his speech en face for denying him free hand in posting of
officers in professional interests. The officer next in seniority to the chief, whose selection as
the next police chief was to be decided soon rose to the occasion and against the decorum of a
professional meet, contradicted his chief to state that it was the prerogative of the ministers
to post officers at their will. This shocked the assembled officers as he did that while he was
known as a through professional and strict adherent to professional values and ethics. His
apostasy astounded the police officers attending the conference who trusted him to up hold
the values of his profession till the end.
It is a common practice in some states of India to change key officers of the police
department when a new dispensation takes over the rule. Changes in key position of the
police department following changes in political rule are a common feature in most states.
This reflects how the political leadership of the country sees the professional loyalties of its
police. This credibility of the professional loyalty of the present Indian police is
incredulously low even among the public. Political leadership believes that all those in police
are venal commodities, who can be win over by throwing loaves and fishes. It is convinced
that most in the police are loyal to one or the other political groups of the country and its
leaders and these factious loyalties within the police setup do make substantial differences to
its political fortunes. Ergo, the mad rush to place favourite police officers at key positions
tout de suite of taking over the administration. Fractured loyalties of those in the police setup
are responsible for this triste affaire. It is natural for any to respond to the state of affair and
make hay while the sun shines. While political leaders play some police officers in deliciis
and not others, they are only exploiting the Achilles heel of the organisation offered to
them on a platter and sharing the res gestae. The culprit here is the perverted loyalties of the
police. When the police play their priorities well by perspicuously defining their loyalties in
favour of professional objectives of the police rather than myopically prevaricating to the
mire of personal loyalties against professional dignity, no more the political leadership finds
it feasible to keep its avizefull pernoctation over the police to play one against the other.
While the police en semble are committed to their professional objectives, there is nothing to
the political leadership to choose from. What is termed as political interferences in
placements of police department is patently the making of the police by their gratuitous
personal loyalties and any blame on the political leadership on this count is assez bien
uncalled and due to parablepsis.
DEVALUATION OF PROFESSIONAL QUALITIES
The intelligence unit is the most abused section and its chief is the most willing loyal
subservient policeman available to political masters in most of the police forces of India.
Intelligence officers have a responsibility to their organisational objectives and they ought to
.238
PRAVEEN KUMAR
be loyal to it and work towards meeting the objectives. But, misplaced loyalties overturn the
scope of intelligence units everywhere in present Indian police. Intelligence units as a
consuetude are seen as the political handmaid of the ruling parties and their leaders. The
usefulness of the intelligence units as political tools is so pronounced in India that the units
are ascensively brought under the direct control of the chief executive of the government
from its traditional field of the Home Department and as a consectary, intelligence chiefs are
accrescently becoming the prime advisers of the chief executive head and shoulder above
even the chief secretaries in states and the cabinet secretary in the centre. The out-of-turn
importance is a quid pro quo to the lengths to which these officers go and risk their personal
and career safety and honour in indulging in all types of illegalities to oblige the political
masters, lllegalities and unethical practices like telephone tapping and shadowing political
rivals of the ruling party leaders are only minor prevarications these loyal police officers
indulge in to keep themselves on the right side of their political masters. Assessment of
political trends and suitability of various candidates in different constituents during
elections and reporting of political and other activities of politicians within and outside and
ruling party are now wrongly seen as legitimate functions of intelligence units in Indian
police. The zeal of police officers to prove personal loyalty to the ruling political party and
its leaders often lead them even further. Though the loyalty of these police officers to their
political masters foot the bill for any encomium, it sadly goes against all professional tenets
of any police organisation worth the name. But this is inconsequential to these police
officers. Professional interests lose all significance to them vis a vis loyalty to powerful per
procurationem self-promotions. Where loyalty to right ideals is a basic tenet of the policing,
loyalty becomes a venal commodity to these police officers. The intelligence chief of a
particular state who was a favourite of the chief minister of the state and retained his
position as the chief of the intelligence in additional charge even after promotion and posting
to a higher slot, led a huge contingent of intelligent officer and camped in Delhi for several
days to help his political masters manoeuvre for the Prime Ministership during the turbulent
weeks of unstability after the general election of 1996. The tragedy of such a perverted
loyalty is the devaluation of the professional qualities of the policing apart from financial
implications of such operations and the block they create in legitimate government works.
This is a fine example of sacrificing public interests at the altar of self-promotion of few
individuals.
Political leaders make best use of this Achilles heel in the police setup. How low police
officials at higher ranks stoop to be in good books of political masters can be seen in some
states by the concours among the two important pillers of the state police setup namely the
state intelligence chief and the Police Commissioner of the State Headquarters in front of the
state Chief Ministers residence early every morning to have the first private audience of the
Chief Minister to themselves. This was a laughing matter in official circles some years back.
Though the hard work of these high profile police officers to rise everyday early in the
morning to pay their obeisance and report to the chief executive of the state and their
sedulity to their work in hand have to be respected and appreciated, the issue is cannot they
discharge these duties sans breaching the pride and dignity of their ranks and posts and
without so obviously expressing their sequacious tendencies? After all, they have a
responsibility towards keeping the pride and dignity of their ranks and profession, if not of
their individuality.
SALVAGING OPERATION
.239
PRAVEEN KUMAR
The situation can be salvaged by clearing the cobwebs from the entrails of the Indian
police. There is a catena of self-motivated officers in key positions in the police who
unknowingly brought about the degringolade of the Indian police in the post-democratic era.
They corrupted the police atmosphere, set wrong precedences, encouraged self-indulgence,
pulled down its no-nonsense
tough image and reduced it to its present cadaverous
existence. These elements should be side-lined to absorb men of probity to refurbish and
rebuild the police setup. Only really capable impresarios can pull the Indian police out from
its present fix.
.240
PRAVEEN KUMAR
Police is one of the most vital instruments of the public administration and works as a
link between the executive arm and judiciary. It is the ears, eyes and limbs of the
government. No government with a failing police system can survive whatever be its other
assets, It is against this background that the glitches bedevilling the present Indian police
should be viewed. Any complacency at this stage about the existing police system may
prove too costly for the unity and well-being of the country and the health of its governance.
A job culture involutes basic beliefs and objects of the organisation, professional ethics
and the degree of commitment to the aspirations of the organisation, as laid down by
precedence and practice. To what results precedence and practice mould the job culture
decide the success or otherwise of the organisation. The decisions and conduct of those at the
helm as the point d appui of police circles substruct the life-lines of the organisation. It is
important that only right people reach the top. A headless organisation is better than one
headed by a degenerate weakling. This is why the policy of selection and promotion at high
levels plays a vital role in the growth of the organisation. In a democratic age of selfseeking, short term political leadership, where sycophancy is the sole criterion for ascending
the career ladder, the policy of selection and promotion is misdight at best and motivatedly in
the reverse gear at the worst, to the detriment of the growth and functioning of the
organisation. All those committed to the cause of police and effective policing must break the
trend and endeavour to provide a fresh lease of life for effective policing.
How deeply the police is self-centred even within its own organisation and what care and
concern the police leaders show to evolve a perficient and planned police organisation can be
assessed by the trend of evolution of the police organisation as an increscently top heavy
setup and the speed with which promotions are effected at different levels. In states where
there were only two officers of the rank of Inspector General of Police, for say forty thousand
men and officers about 20 years back, there are now nearly 30 officers of and above the rank
of Inspector General of Police, for say 80,000 men and officers; thereby the last 20 years
account for 100% expansion in the lower levels against 1500% expansion at higher levels.
What these people at the top do for policing apart from being a drain on the state revenue and
a strain to officers down the levels with conflicting instructions of dubious merit? Almost
nothing. It is unfortunate that none in the police administration realises that it is not the rank
but the real human stuff inside that decides the height, excellence, merit, intelligence,
honesty, integrity responsibility, work knowledge and human qualities of a person.
Promotion to higher rank serves no purpose unless the higher rank provides a really higher
challenges and job content and a suitable man is perforce selected to meet the increased
challenges. This is not the case in present police promotions where sinecures are created to
facilitate promotions to satisfy in-group instincts, Most of these jobs are without any job
content and responsibility and often are places to relax from the pressures of family life.
However, the same courtesy does not extend to the more unfortunate ranks at lower levels
including the constabulary. While vacancies at the topmost level are filled up by promotions
strictly overnight, promotions at intermediary levels are effected in weeks or fortnights or
months, depending on the rank in the police hierarchy. It is years in the case of the
constabulary. There are cases where vacancies of Head Constables and Assistant Sub-
.241
PRAVEEN KUMAR
Inspectors or Sub-Inspectors are not filled up for several years, depriving the constabulary of
their de jure promotions. There are any number of instances of men in the constabulary
retiring without promotion non obstante their eligibility and seniority for the existing
vacancies, which are not filled up from many years. Policing is a job performed mostly at
lower levels with decreasing involvement upto the level of Superintendent of Police. Beyond
that, it is tout court a supervisory task and in a police force with no supervision to speak of,
higher ranks are just de trop. Any move to expand these ranks and any undue haste to
promote to these levels cannot be called honest decisions in the functional or public interest.
Unfortunately, the Indian police is doing just that and there is none to put it back on the right
track.
DYNAMICS OF CORRUPTION
A fall-out of corruption in the police is build- up a dynamics which promotes the interests
of corrupt in the system at the cost of those who retained the pristine value of professionalism.
The flexible elements who can be menoeuvred to required moulds through the juste milieu of
pelf and position are useful assets to people in key position to save their kith and kins
interests as and when they get involved in criminal proceedings. Such characters in police
are always cultivated and posted to key positions so that striking compromises when situation
warrants becomes easy. This strategy ends up in honest police officers being sidelined and it
promotes corruption. The dynamics while helps influential individuals to evade the long arm
of law, harms the interests of the country, its police and the rule of law. Police officers of
plastic conscience are preferred to upright professionals to key posts even in national level
police agencies like the Central Bureau of Investigation and the Intelligence Bureau. Police
officers known for professional approach are spurned and distanced as inconvenient elements.
In the situation, competence plays no role in preferences while honesty, integrity and
professional commitment play negative roles. A history of bending backward on
nonprofessional considerations always becomes a qualification in obtaining preference to
more sensitive jobs in important police organisations.
The first and foremost job to be done is to free the police from the unhealthy influence of
all hues by making it responsible to an independent authority with absolute power to take
decisions on matters pertaining to policing and police organisation. The authority should be
a professional body with men of proven probity and quality as members, who have reached a
stage from where they need not sacrifice their convictions to appease those in power. A
working arrangement is to be devised by which the authority is responsible directly to the
legislature and functions as an independent authority like the judiciary, Comptroller and
Auditor General or Election Commissioner.
Creation of a high core group of people who are adept in assessing men and character
within the aforesaid police authority may help to create a feeling of confidence and job
security and prod them into discharging their official duties fearlessly. This group which
oversees the work of police personnel from a distance should be made ultimately responsible
for all career decisions. The responsibilities of officers in assessing the work of their
subordinates which forms the major embarrassment of the present Indian police must be
limited to giving their opinion about performance to the core group; the expert core group
processes the opinion by its own research, expertise and discretion and takes responsible
decisions on its own. The group must be made responsible for development planning of the
police, work assessment, job analysis, recruitment and management of human resources,
Institution of such a core group to oversee the career development of police personnel
.242
PRAVEEN KUMAR
without personal bias may bring revolutionary changes by committing the police to its workethics and professional ends with due single mindedness.
The extant system of selecting the police chief is erratic at best and motivatedly amoral in
that it meets political ends of the rulers at worst. A conspicuous example is from a southern
state of India where a police officer who was sidelined in his career as an inefficient person
and degenerate habitual drunkard was given a fresh leash of lefe in career a Iimproviste and
posted as the chief of the state police in July 1980, after being promoted as the first Director
General of Police of the state to meet the political and personal ends of the new Chief
Minister of the state in new dispensation that came to power in the state in elections. Soon,
the state found itself engulfed in law and order problems, rise in incident of crimes,
indiscipline and discontent in the state police force and dangerous union activities by the
police personnel. The new police Chief who was arranged to retire as IGP of the State
Vigilance Commission before being awarded the coveted post of the state police chief was
known to attend office in inebriated condition and while away time in offence, doing nothing,
However, political needs overshadow all such facts in selection to the posts of Police Chief.
This is a dangerous trend. Attempts of the Supreme Court of India in its recent order to
formulate a system for the selection of the chiefs of important police forces of the country like
the CBI is a welcome measure at least in its intent and must spur steps to formulate
procedures of the selection of all key police posts to insulate the process from amoral and
very dangerous extraneous considerations. This is a must in the interests of the country.
.243
PRAVEEN KUMAR
Social laws can be social laws only if they are of the society, from the society and for the
society. They have relevance in a society only if they are unrevocably concinnous with
everyday lives of its members- in terms of their ken of the laws and its general acceptance.
Social laws that are abstruse and unacceptable to the plebeian are destined to atrophy because
they lack en arriere the inherent mechanism of compelling society to comply with their writ.
It is in this sense, that social laws which are lex non scripta are indited with the stamp of
approbation of the state by popular demand, though the process from the antipode can be
inchoated if their assimilation by the society is assured through active propagation. The
effectiveness of social laws depends entirely on their assimilation by society and the strength
of propagation and publicity that follows the enactment of the laws. This need of the social
laws being balked is the quiddity of the serious setbacks faced in making certain social laws
like the Dowry Prohibition Act or the Child Marriage Act effective. The enactment of social
laws that are intended to accord primacy to social norms must be preceded by intensive
fieldwork to introduce the newell and make them acceptable to the society and enactment
should be resorted to only when the idea becomes ripe enough to be assimilated by the
society because the symbiosis of social norms and social laws is inseparable. Haste brings
definite waste in respect of the enactment of social laws.
A kenspeckle feature noted in most social laws is the lack of perspicacity in definition of
the concepts involved. It is an understandable glitch when commonsense concepts like
dowry, labour, discrimination, practice of untouchability, compensation or even marriage
makes the quandary of the commission or noncommission of an offence wafer-thin and often
a matter of opinion based on interpretation of the concepts involved. Though postliminary
amendments to the law based on field experience and interpretations of the concepts by courts
attempt to impale the concepts to a prim form, the inchoate ambiguity continues to confound
the issues in the popular mind, weakening the credibility of the law itself. The louche
spectrum of the impair interpretations of a concept can turn an offence to innocence and more
perniciously, an innocent person into a criminal according to the predilection
of the
investigating officer. The subjectivity involved in understanding the law society. It is for this
reason, concepts in social laws must be formulated with utmost caution.
Another major hurdle in calling social change through law is the failure by the authors of
the laws to clearly comprehend and indite in them the causes and mechanisms of the immane
social evils they intended to contain through the laws themselves. The abhorred social
practices that manifest as social evils are only the external symptoms of serious malady
inveterate in the psyche of the society. Attempts to strike at these skin-deep symptoms prove
infructuous in reaching the malady embedded in the vitals of the system. Often, the persons
comminated by the shallow social laws are simple innocent plebeians who are caught
unawares by the laws while they tread the path laid by their ancestors by wont or perform acts
they consider essential in the existing social circumstances. The external symptoms, sine
dubio, should be fittingly treated if the malady is to be deracinated with all traces of its
existence. However, such approaches are secondary to the concerted attack on the ingrained
malady which forms the cornucopia of those symptoms. This exigency is generally balked in
most social laws. Only a springe mind with full grasp of the social problems in the
circumstances of the existing situation can indagate and handle levers sine prole to set in
motion the laws that can strike at the core of the social malady. This requires advanced study
.244
PRAVEEN KUMAR
of these immane practices and their social backgrounds involving psychological and
anthropological analysis apart from adequate public discussion within the society.
Unfortunately, no enactments of social laws are preceded by such vigorous exercises and the
impotency of the laws to excoriate the social evils are inevitably consectaneous. The laws
should provide the pollicitation of punishing the prime perpetrators of the social injustices
rather than catching secondary or tertiary commis to the commission of the offences.
The glisk of undesirable social practices leading to painful hurtling of laws often are the
consequences of the existing social situations. A poor father of four girls and a boy in the
circumstances of prevalent admissibility of dowry in the social psyche, non obstante the
criminality of the act, cannot but accept dowry for his son to assure a reasonability contented
married life for his daughters even at the risk of being immanacled as his conscience is clean
about accepting the dowry. A person living in a closed society in a village has no
alternative but to practice untouchability against
his conscience to save himself from
ostracism unless he is a zealous social reformer prepared to sacrifice his own interests for the
cause. In a competitive business world involving child labour or meager wages, an attempt
by an individual to stand out in compliance to laws against child labour and low wages is a
sure way to close down his enterprise. The state, in such circumstances, should tackle au
fond the social situations that breed such immane symptoms and the law to be kind and
understanding in saving in innocent people caught in the social clamancy. The scope for
corrective and remedial action and rehabilitation must form an integral part of social laws to
avoid the impression about the social laws as indulging in supererogations to catch trivial
slips of everyday life and ergo popularly abhorred. Effectively orchestrated public education
and concomitant vigorous social service programmes aimed at changing specific social
situations that boost socially unjust practices must form an integral part of every social law.
All social laws must have some postern features incorpsed to make them effective as
vehicles of positive social change in view of the delicate ground the laws cover in their
operation wherein people in their interpersonal relationships are often involved in the hide
and seek game of everyday life. The social offences are both trivial and serious-trivial in the
nature of the acts and serious in the nature of its consequences. It is almost impossible to
demarcate when an act in a given social situation is trivial and when it attains serious
proportions. Also, differences in norms and values and varying sensitivity and moods further
complicate the issue. It is not possible to arrive at a uniform definition of concepts like
harassment, practice of untouchability or compensation as acceptable to all situations. The
laws warrant special accoutrements to counter the nonasuch quailings e re nata as discussed
in the ensuing paragraphs.
Social injustices are perforce committed by the pollent on weak and hapless people. In
the present argument-oriented judicial system where mother justice takes sides on the basis
of the kind of the lawyer being engaged on the strengths of money and power, no social law
can do justice to the weak and feckless gens de peu who are misdight and nonpareil to their
adversaries for the juste rencontre except in rare obvious cases non obstante the state
sponsored legal aid programmes. The cabal of the versute gens de condition resorting to
social evils necessitates some sui generis safeguards to be inherent in social laws to make up
for the nether social position of the wronged person and checkmate the malengine and pravity
of the powerful. Appropriate amendments to the Indian Evidence Act to incorpse provisions
of sweeping presumptions in social laws against the accused persons on whom a prime-facie
case is made out, with provisions to prove innocence laying with them, is likely to lessen the
ineluctable disabilities of the oppressed people. Though such presumptions are extant to
varying degrees now in some special laws, the presumptions must be made a toute force in
.245
PRAVEEN KUMAR
all social laws. Such presumptions save the wronged persons, from proving the wrong
usually done at the convenience and terms of the powerful guilty person sans evidences in the
social situation under his prise.
The special laws must provide for vicarious liability that suspends over the head of the
social group concerned even though there is no evidence to ineatenate him with the offence.
Such criminal liability on the el patron while it checks him from encouraging or indirectly
fomenting commission of such offences through his acolytes in the social group, also drives
him to prevent those injustices in his group.
There should be mandatory minimum punishments prescribed in all social laws so that
the laws become inherently mordant, independent of the malicho of the pollent guilty persons.
The social laws should abnegate the behoofs of the anticipatory bail unless the person against
whom a prima facie case is made out satisfies the court about his innocence. The present
queasy trend of prompt anticipatory bails to fugacious social offenders can be brought under
control by this measure.
Each social law must provide ample opportunity for compromise on mutuus consensus
with an in-built raisonne mechanism prescribed to ensure corrective and remedial measures
in fit cases not involving serious guilt where such a compromise is certain to ameliorate the
position of the wronged persons. The penal sections of the social laws inter alia must provide
for huge fines and compensations with provisions to streamline the fines and compensations
for rehabilitation of the victims or their dependants.
The social nature of the offences in social laws makes witnesses to the offence who are
insiders of the society in most cases, reluctant witnesses for the fear of reprisals from the
society though injustice done to one of them turns their clinamen against the guilty. A
provision and concomitant device in social laws to protect the interests of the witnesses en
revanche to their ready cooperation helps investigation of the social offences.
It is rightly said that justice delayed is justice denied. It is strikingly so in social situations
where the exigencies of survival and coexistence and future interests force the parties
generally inter-related to apostatise and bury the past cicatrix, leading to the weak and
oppressed again submitting to the tyranny of the powerful for the sake of survival. In the
circumstances, each social law should prescribe time limits for the continuation of the
investigation and trial. The possibility of summary trails for social offences also should be
probed into and employed as extensively as possible to ensure the galvanic trial of social
offences.
The raison detre of social laws is the extirpation of social inequalities and the
establishment of a just society. The telos can be better achieved if the laws are structured to
effect compromises to rehabilitate a bon droit the wronged persons, preceding the invoking
of penal sections in lost cases. The social laws true to their intentions must seek a device by
which every case of social wrong draws the attention of the authority for frack intervention
and on-thespot solutions which is statutorily binding on both the parties to avoid the crush of
the penal sections.
The device can be made a reality by the constitution of Social Justice Authorities at taluq
levels under a judicial magistrate with a police officer, an officer of the social welfare
department, a prominent lawyer, a representative of local womens organisations and a
representative of the legal aid board as members. The Authority must work as a team in the
taluq to hear cases of socially unjust practices on the spot and adjudicate them then and
there without resorting to judicial technicalities and adjournments. The Authority must have
an office with a multi-channel telephone working round the clock with a widely publicised
.246
PRAVEEN KUMAR
number by dialing which anybody without giving identification can report socially unjust
practices so that the Authority as a team reaches the destination within twenty-four hours
and passes orders on-the-spot on hearing the concerned parties. The Authority must exercise
pernoctation over the process of the compliances to the orders and pass sentences in cases of
default. In such a system, the address and telephone number of the Authority being known
in every village in the taluq is the clavis of perficient chevisance because then anybody
wronged can readily lodge querimonies for redressal. The approach of the Authority in
adjudication must be that of an adviser or well wisher rather that that of a government
organisation steeped in technicalities. The Authority should be able to reach every village in
the taluq at least once a month. The leitmotiv behind the set-up is to affect compromises and
rehabilitate victims by levying fines and compensations if necessary.
The administration of social laws is a specialised task requiring specialised skills in the
police force handling the job. The force has to be understanding and circumspect in its
approach though tenacious when circumstances warrant. It should have the right ken of the
social circumstances and their problems with a deep sense of commitment to social justice.
These operators should be kind and devoid of the malfeasance of harsh police methods and
should never forget that they are dealing with distinct problems which are the outcome of
historical reasons and special social situations, that they are dealing with a wider social
malady through the individual symptoms in their hands for solution and ergo there are no
villains in real sense of the term, that they are social doctors interests only excision of the
cancerous growths from society. This special decession from policing necessitates special
care in recruitments to the job to draw people of appropriate mental makeup and impart
specialised training to reinforce those special attribution. The police also requires periodical
programmes of sensitisation for the cause of social justice with exhaustive theoretical inputs.
These officers should be au fait in social legislations which are proliferating in geometrical
proportion. This exigency necessitates the constitution of a special police force to handle
social laws which may be called Social Police distinct from the normal police in charge of
regulatory and other police duties. The social police should have its parallel organisations at
all levels as per specific needs with distinct recruitment, training and sensitization facilities.
An extra-ordinary commitment to the social cause and out-of the normal alacrity in tackling
social problems should be the hallmarks of the social police.
Delayed trails of social offences are more a reality than an exception while promptitude is
a virtue de rigueur for tackling social offences. The inquietude of delays are often caused by
lack of commitment to social causes. The same can be said about easy anticipatory bails and
easy release of persons arrested for social offences and light sentences to convicted persons
or failure to appreciate available evidences which leads to frequent acquittals. Such a
predicament for social offences when they are treated on par with conventional cases in courts
in natural because of the popular perception of the social offences as trivial social problems.
A judiciary sensitized it de regueur if the cause of social justice is to be served in the trial
stage. The establishments of social courts to try exclusively social offences of al hues is en
regle in the circumstances and should prove efficacious. As distinct from conventional courts,
a committed judiciary should be the bedrock of these courts where hand-picked magistrates
or judges committed a fond to social justice and specially sensitized to the social causes
preside. The courts, owing to their specialisation in trying social offences would be in a
better position to appreciate the special circumstances of the offences and therefore
appreciate evidences in the right perspective and with sympathetic understanding. The
specialisation also facilitates fast disposals while the sensitzation helps to see through the
gravity of the offences so that unduly light sentences are not pronounced and persons arrested
for social offences are not wantonly released on bail.
.247
PRAVEEN KUMAR
.248
PRAVEEN KUMAR
Democracy stands for popular rule. Popular rule implies mass involvement of people
in the political process. Mass involvement of people necessitates rules and laws and an
agency to enforce it. Here lies the relevance of police in a democracy.
The seed of democracy is self-discipline. It involves responsibility to the interests of
the country and identifies self-interests with the national interest. In this sense, every person is
police for himself in a democracy. This being only an ideal situation, field realities necessitate
an external agency per procurationem of the government to enforce rules and laws and police
the national interests from the assaults of parochial and anti-social interests lurking in
shadows of a democratic rule. This is the police of a democracy.
Police is a double-edged sword. Its front is national interests and safety and security of
the national life. Its one edge accounts for policing of the people; the other, for policing the
process of governance. Though the two functions towards the well being of the country
appear intrenchant prima facie, they do make significant difference in the actual process of
policing. In one, police police the ruled from the side of the government. In the other, police
police the rules from the side of the people as true power-wielders. While in one, it is the will
of the rulers that prevails in driving the police to police, in the other, it is the will of the
people as expressed through the public media, bind the police to police in a particular way.
Police in a democracy are no more than a system driven by the pulls and counter pulls of the
government and the public opinion in one hand and the laws in force and the safety and
security of the national life on the other. For the infaust police, the diverse contradictory pulls
and pressures only multiply with the ascensive complexity of the national life. This situation
of policing in a democracy makes policing an infinitely more difficult task than otherwise by
forcing police to make decisions and take sides. This may be an opportunity for better service
in the circumstances of true professional work. It turns to grave mess-up in absence of
professionalism probity and genuine national interests.
The key of policing in a democracy is sensitivity; sensitivity to the needs of the
society and the nation. Policing in a democracy involves keeping eyes ears and even olfactory
organs open with an argute faculty of conceptualization to understand the fast changing
dynamics neath the frontal layers of the society and ability for fast responses to handle
emergent situations. No society is static. Changes are repaid in a democratic atmosphere with
group interests in constant conflict. The kaleidoscope of changing faces of the society is best
accounted by the media in diverse forms. Though government is expected to be alert to the
needs of the society, factors like inefficiency and corruption more often than not work against
social vectors and lead against social sensibilities. Policing under such a government hardly
fulfill the needs of the national well-being. An avizefull police can always comprehend the
complexity of situation through media and judge the right course of action on its own
wisdom. However, media in a democratic ambience is not infallible. Public opinion is more
an artificially created venal commodity than a natural phenomenon in a democracy. Media
has become a hi-tech business in the age of power through elections. Most tools of creating
and arousing public opinion are instruments of propaganda. In the circumstances, blindly
.249
PRAVEEN KUMAR
relying on opinions artificially trumped-up by the media may not lead police anywhere.
Rather, it may mislead police in its pursuit of justice and well-being of the country. Ergo,
perpetual pernoctation is the watchword of a democratic police while being sensitive to the
needs of the government au reste the ripples of the public opinion with the national interests
and its well-being as the litmus test.
Police is the ultimate weapon of the rule of law in a democracy. Government, laws
and police form a holy trinity in a democracy and each is sine qua non for the other two in the
system. The fact is that laws are mutable. They are enacted to meet the challenges of the
society from time to time. Laws are collective responses of the legislators to a given situation.
Chances are that laws in force are not adequate to handle extant challenges in the field. It is a
serious problem, police face. Policing is not exactly like a football game wherein rules of the
game are paramount and goals are scored selon les regles. Laws are sine dubio paramount.
Equally paramount is the safety and security of the national life. Here lies the dilemma of the
police. When the two paramount objects refuse to go pari passu, police find themselves in the
precarious position of making a choice between the two as in national security decisions.
Laws have to be broken in the larger interests of the country while national interests cannot
wait for the enactment of requisite laws. The situation leads to human rights violations and
popular condemnation of police in some cases. Police have to bear the humiliation with
dignity in the interests of their professional objectives. The pith of the issue is that what
constitutes national interests and what not, and how far police to be trusted in deciding where
they can be given leeway to break laws in the presumed interests of the safety and security of
the national life. Even while laws provide for action, laws only speak what to do; it is left to
police how to do and how much to do. In the polluted atmosphere of criminalization of
politics and the politicization of police, neither the police nor the political leadership as the
highest layer of governance in a democracy is worthy of a trust of such a magnitude. The
need is a sensitive balance between the laws in force and the safety and security of the
national life. Police in a democracy need to be perpetually alert to both the needs and find an
aurea mediocritas to fine-tune its professional objectives.
Police enjoy tremendous leeway in governance in a democracy. The only limiting
factor that works on it is pulls and counter pulls. The contradictory pulls and pressures are the
clamor of the public for professional and honest policing on the hand and the call of
politicians and bureaucrats steeped in personal interests for work as their handmaids on the
other. The cardinal issue is where the loyalty of police should lie in the exercise of leeway in
pursuit of professional objectives in a democracy. Is it the convenience of the government or
the public interests? People in government claim that the first loyalty of the police to
government is en regle. Their argument is based on the position that police form a part of the
government. The government appoints men and officers of the police force; they are
subject to conduct rules, administration and superintendence of the government. The
other side claims that the police are responsible only to the laws in force and for nothing else.
Such a commitment by police is the foundation of the administration of justice. This is the
situation even in England from where India adopted the gestalt of its democratic system. In
the famous Blackburn case in England, Lord Denning in reference to police, pronounced,
is not the servant of anyone, save of the law itself. No minister of the crown can tell him
that the must or must not keep observation on this place or that; or that he must or must not
prosecute this man or that one. Nor can any police authority tell him so. The responsibility for
law enforcement lies on him. He is answerable to the law and to the law alone.
.250
PRAVEEN KUMAR
.251
PRAVEEN KUMAR
The relevance of police in a democracy lies in the direct interaction between the
people and their police. Utility of police lies in its usefulness to the people and the country. A
two-way channel between the people and the police makes a democracy really democratic.
Periodical meetings between the public and the police at various levels serve the purpose.
People from all walks of life of a specific area interact with the police officers of the area in
formal meetings held periodically on policing issues. The exercise helps the public and the
police know each other better and appreciate mutual limitations in right perspective. It makes
better cooperation between the public and the police possible. Informal contacts between the
police and the public at different levels also help the process. It boosts mutual confidence to
the benefits of both the sides and makes policing cost-effective and efficient. The interactions
develop a sense of belonging between the two to the advantage of both the sides as an
essential ingredient of good policing in a true democracy.
Policing in a true democracy can be extended to a wider scope of experiment a la the
Goa Police Bill, 1995. The bill modeled on Singapore police, provides for creation of
auxiliary police force by owners of private establishments to safeguard life and property in
specified areas apart from being empowered to maintain law and order, preserve public peace
and prevent and detect crime within that area. The auxiliary police force enjoys police powers
and protections provided by law on par with the regular police. It is a welcome experiment in
India in democratizing the police of a democracy, provided every act of the auxiliary police
force is subjected to effective control, supervision and superintendence of the regular
police force to avoid misuse of powers. The idea of people policing the people should not
degenerate to a situation where bigger fishes gorge the smaller ones or the fittest only survive.
Democracy is not a free- play of powers. It is a balanced exercise of power wherein all people
co-exist irrespective of whether they are weak or powerful. Giving them policing powers to
police themselves is in line with the highest traditions of the democracy. In the circumstances
of the corrupt society, the vigil of the regular police as the symbol of the state power is
absolutely necessary to make the auxiliary police force behave within the parameters of the
law. The same thing can be said about provisions in the Bill to punish uncivilized conduct
like spitting, smoking, urinating, throwing garbage etc in public places. They are bound
to be appreciated in an enlightened democracy as a measure of cleansing their cities and
inculcating decent and healthy practices among them while in an unenlightened democracy
like India, there is bound to be opposition to the provisions as an intrusion on their right of
doing what they want and irresponsible and sensation- mongering Indian media is bound to
linger on the protests as an event of national significance. Both sides are the part of the
democratic interplay of a democracy.
The options before the police in a democracy are often a bundle of non- options. They
find themselves in the precarious situation of neither taking a decision nor avoiding it. It is
like being caught between the devil and the deep sea. Democracy let loose contradictory
forces to pounce on police from all sides. A police not steeped in professional resolve gets
seized in the melee and exposes itself to grievous errors. A good example is the case of
dreaded underworld don Arun Gawli of Mumbai. The world knows that he is a dangerous
criminal with scores of criminal cases pending against him. Mumbai police obviously was
helpless in containing his criminal activities. Large sections of the people in Dagdi Chawi,
Mumbai and Maharastra idolized and supported the criminal. Democracy dictates respect
to the feelings and sensitivities of all sections of the society. Shiva Sena supreme, Bal
Thackeray and his party called him as their answer to dreaded underworld don Dawood
Ibrahim and tried to promote him and his gangsters. He become a respected figure to Mumbai
police under Shiva Sena Chief Minister, once he established his Akhila Bharatiya Sena (ABS)
.252
PRAVEEN KUMAR
at Mumbai and other places of Maharastra. When he fell foul with Shiva Sena and its
supremo, political parties like congress tried to woo him and his muscle of labour
organizations to their fold. Then Mumbai police under Shiva Sena government realized that
Arun Gawli and his criminal activities are security threat to the nation and he was arrested
and detained under NSA for a couple of extortion cases and harboring criminals. Nagapur
Bench of Mumbai High Court declared the arrest and detention under NSA as illegal. The
episode explains all the maladies of policing in a democracy in the ambience of
criminalization of politics, politicization of police, lax judicial system, constricting group
dynamics and the ability of criminal elements to take advantage of the Achilles heel of a
system. A flexible police is the centre of all these malaises.
People, their group interests and concomitant conflicts are centre stage in a
democracy. Police are caught in the web of the dynamics of a democracy. In a situation where
government and power depend upon the vote banks of groups, the task of police weaving
through these groups to police them and bring wrong- doers to book pro bono publico is an
unenviable task demanding tact. In the notorious Shivani acid attack case of Jaipur, a 17 yearold girl, Shivani Jadeja on way to school from her residence on April 12, 1997 was attacked
with acid, allegedly by the son of the transport minister of the state and his friends; the state
police turned impervious to the statement of the victim recorded by them and her letter
addressed to the Jaipur Superintendent of Police about the involvement of the ministers son
in the offence. Even public protests and agitations by womens groups and the interest of the
media in the case failed to deter the state police from its inaction against the actual offenders.
Even the state police chief gave evasive answers to the media about action against the
offenders named by Shivani. This is the quantum of political pressure on policing. It was only
after two representations from socially conscious organisations being treated as Public
Interest Litigations that Rajastan High Court directed the state government to withdraw the
case from the state police and get the investigation done by the CBI. This is the extent of the
credibility of the police under political pressure. Police just cannot do justice to justice under
the extant democratic pulls and pressures. Every interest group in a democracy is powerful
with scores of followers. Police by the very nature of their work cannot please every side and
therefore bound to work in an atmosphere of hatred and inimical feelings. In group dynamics
of Indian kind, law, justice and propriety make little sense.
Even
criminals
form
a
pollent
group
of
considerable
political
maneuverability and strength in a democracy. Any move against the interests of this group is
bound to create serious problems to police. A police officer with a commitment to crush
crime syndicates and their criminal activities on coming to power meets with dramatic rise in
crimes and law and order problems in his area to the extent that he soon realize that he has no
alternative to keep the underworld on right side were he to save his professional reputation,
his new position and peace in his area. A few fools, who fail to read the writings on the wall,
get thrown out of their post and avoid any responsible job thereafter on the charge of being
incapable of controlling crimes and maintaining law and order. Cooperation of the powerful
criminal groups is conditio sine qua non for smooth policing a democracy. The recent
example is a state capital in India. Its new Police Commissioner adopted a soft approach to
powerful mafia gangs of the city and shut eyes to the flourishing business of cabaret, live
bands and nightclubs. The result was a relatively crime-free tenure for him in the city. But, he
rubbed the media on the wrong side on the first day of his taking charge in the city. As a
consequence, he had to bear an unfavorable media throughout. The next Police Commissioner
of the city was after stopping the menace of cabaret, live bands and night clubs and containing
organized crimes in the city. The immediate response to the new Police Commissioner was
.253
PRAVEEN KUMAR
inordinate rise in crimes like chain snatching, kidnapping, extortion, gang war, housebreaking
and dacoity and law and order disturbances. It was the crime syndicates sending signals to
come to terms with their existence and activities. The political pressures the underworld
wields au reste the warning shots are capable of bringing a practical police officer to his
senses. He is forced to compromise his convictions to retain his position. This is how police is
under seize in a democracy. Police derive strength by adhering to law and justice. Once off
the track to aggrace political masters. Thus develops a vicious circle that leads police to be
perpetually under the beck and call of the politicians in power. The beginning of the collision
of politicians and the police in a democracy is always for mutual benefits.
Police is a democracys spine, its conditio sine qua non. It is an instrument of
containment in the ambience of narrow interests trespassing on each others interest. Success
of a democracy entirely depends on the effectiveness of the police there. It is the only
instrument available to bring people to their senses and to the needs of the laws. It is unlike
other forms of government, wherein other forms are created to bring the people to submission
to the will of the rulers. Private armies in whatever name sans the leash of law, operate as
executors of the will of the rulers in non-democracies. Indian police these days with its deep
politicization is gradually approximating to the sad state. Mass transfer of police officers at all
levels with the change of government, use of intelligence units for political maneuverings, use
of investigating agencies to keep political rivals in check etc are just the signs on the surface
of this tragic malady. The slant is not in the interests of democracy, for, the strength of
democracy is pro rata to the professional resolve of the police. A weakened and ineffective
police is a sure sign of crumbling democracy. A democracy just cannot stand up without the
spine of the police, especially while people are yet to realize their democratic
responsibilities. Strengthening the police is the foremost need of firming up democratic
traditions. How soon India realizes this, so much good for the country.
.254
INDEX
A
Abduction 107, 190, 192, 220, 228
Academic 55, 176, 205
Administer 166
Administration 3, 5, 6, 12, 18, 20, 22,
23, 24, 25, 26, 27, 28, 32, 33, 35, 40,
49, 50, 51, 52, 53, 54, 55, 56, 57, 60,
62, 63, 64, 68, 69, 76, 80, 81, 92, 93,
97, 98, 99, 100, 101, 116, 118, 119,
131, 132, 133, 134, 135, 136, 137,
138, 140, 142, 150, 152, 153, 155,
159, 160, 163, 164, 170, 171, 178,
188, 204, 205, 206, 207, 208, 209,
210, 211, 212, 215, 216, 218, 222,
229, 230, 233, 234, 235, 236, 238,
241
Adulteration 195
Afghanistan 44, 145, 171
Africa 11, 36
African 185
Agricultural 112
Akali 10, 156
Akali-nirankari 78
Akbar 74, 111
Allahabad 161
America 36
American 144
Andhra 25, 228
Antecedents 9, 90, 163
Antemortal 108
Anti-hijack 169
Anti-insurgency 79
Anti-sikh 25, 42, 79, 226
Anti-social 164, 165, 174
Anti-terrorist 169
Antiinsurgency 79
Antinational 196, 197
Antisocial 70, 82, 139, 196, 197
Antithesis 65, 169
Apocryphal 134, 146, 171, 196, 223,
226
Apolitical 13, 46, 147, 237
B
Babbar 78, 79
Backward 122, 185, 186, 223, 242
Balkanisation 227
Balkanise 112
Balzac 195
Bangalore 24, 34, 68, 156, 170, 196,
197, 201
Bangladesh 44, 145, 171
Bhansail 182
Bihar 117, 148, 161, 170, 176, 182,
199, 201, 214, 228
Birmingham 228
Black-marketing 30
Blackmail 71, 83
Blanket-policing 129
Bofors 42, 209, 226
Bollywood 197
Bombay 170, 182, 196, 197, 228
Bombs 79, 226
Bprd 154
Bribery 15, 42, 209
C
Cabal 71, 73, 83, 84, 92, 237
Cabals 3, 60, 233
Cabinet 21, 27, 35, 96, 115, 155, 239
Calcutta 175, 228
Cancerous 3, 59, 188, 218
Career-ladder 225
Career-life 163
Career-promotion 84, 124
Caste 17, 99, 184, 186, 188, 189, 218,
219
Castes 186, 188, 189, 190, 218, 219,
220
Casualty 16, 70, 81, 83, 152, 156, 223
Cbi 40, 41, 42, 43, 66, 76, 77, 115,
116, 117, 128, 154, 155, 182, 209,
229, 243
Centre-stage 2, 41, 172, 193, 204, 207
Centrestage 168, 188, 218, 223
Chaidambaram 178
Chambal 88, 89, 125, 175, 176
Chandigarh 78
Chandraswamy 226
Chargesheet 18, 41, 65, 66, 128, 132,
170, 209
Chauvinism 193
Chess-board 233
Chessboard 72, 85
Chitradurga 47
Chopra 1
Churchill 112
Cia-inspired 146
Cib 42
CID 115, 117, 229
CISF 154
Civilisation 111, 185, 194
Civilisations 185
Civilization 1
Climacteric 201
Co-operation 150, 203
Co-ordination 229
Coalition 77, 209
Coexistence 189, 219
Cold-blooded 95, 199, 208, 228
Coldblooded 95
Colonial 115, 144, 168
Commercialisation 59
Commercialised 170
Communal 59, 106, 202, 231
Communist 184
Computerisation 33, 34
Computerised 180
Conscience 1, 3, 13, 41, 42, 48, 49, 51,
59, 62, 69, 71, 77, 82, 84, 87, 99,
122, 124, 137, 206, 215, 222, 237,
242
Consciences 62, 70
Conscious 184
Consciousness 45, 145, 169
Consequence 20, 47, 63, 93, 97, 121,
126, 135, 169, 173, 197, 207, 224
Consequences 11, 48, 70, 83, 101,
217
Constabulary 5, 16, 20, 34, 35, 93,
204, 241, 242
Constitution 4, 24, 40, 43, 57, 76, 77,
92, 101, 102, 126, 168, 179, 181,
185, 186, 187, 188, 189, 203, 205,
210, 212, 213, 218, 219, 230
Cooperation 5, 32, 51, 108, 118, 134,
146, 154, 155, 156, 157, 158, 166,
179, 180, 196, 197, 209, 227, 229
Coordination 8, 52, 133, 154, 155,
156, 157, 158, 171, 180, 195, 229
Corruption 3, 20, 23, 28, 29, 30, 31,
33, 52, 64, 65, 67, 68, 70, 73, 83, 87,
93, 98, 99, 116, 117, 121, 122, 123,
148, 149, 160, 161, 169, 170, 171,
172, 178, 208, 212, 242
Cost-efficient 204
Counter-balances 92
Counter-espionage 144
Counter-productive 75, 143
Counterbalances 178
Counterchecks 205
Counterpulls 232
Credibilities 121
Credibility 12, 23, 40, 41, 42, 50, 56,
63, 64, 66, 68, 70, 77, 83, 84, 101,
121, 124, 139, 142, 151, 170, 183,
199, 209, 210, 213, 214, 222, 230,
238
Creditworthy 45
Crime-free 32, 201
Crime-infested 201
Crime-prevention 47
Crimes 4, 12, 13, 29, 32, 38, 41, 49,
66, 67, 71, 72, 83, 84, 86, 87, 94,
106, 116, 117, 123, 124, 128, 143,
151, 157, 168, 169, 170, 174, 175,
178, 179, 180, 181, 182, 189, 191,
195, 196, 197, 199, 200, 202, 203,
204, 206, 207, 219, 221, 226, 227,
229, 230, 232, 233, 235, 243
Criminalisation 25, 70, 76, 89, 226
Criminalising 89
Criminals 12, 15, 17, 18, 20, 25, 29,
30, 34, 37, 38, 53, 65, 66, 67, 69, 70,
71, 82, 83, 84, 85, 86, 87, 88, 89, 90,
91, 92, 95, 106, 117, 123, 124, 125,
128, 133, 139, 142, 148, 152, 154,
156, 160, 161, 165, 175, 179, 180,
181, 182, 199, 200, 201, 203, 204,
206, 207, 210, 226, 227, 228, 229
Crisil 182
Crosspolitical 210
Crossroads 3, 13
Crpf 154
Cuba 146
Cuban 146
Culture 1, 3, 12, 13, 33, 36, 37, 47, 49,
50, 53, 59, 79, 126, 129, 130, 132,
137, 154, 157, 159, 160, 168, 192,
194, 201, 207, 208, 226, 237, 241
D
Dacoities 157
Dacoits 88, 125, 175, 176
Dacoity 18, 94, 200
Davangere 72
Dawood 196, 197
Defraud 178, 182
Defrauding 20, 71, 94, 179
Degeneration 17, 26, 29, 47, 56, 67,
91, 99, 100, 101
Degradation 122
Dehumanisation 142
Democracies 59
Democracy 2, 5, 11, 12, 18, 22, 26, 37,
44, 45, 59, 60, 66, 74, 75, 92, 97,
112, 113, 145, 150, 168, 173, 178,
212, 213, 214, 227
Demoralisation 56, 101
Demotivate 150
Demotivation 163
Desensitize 71
Devaluation 238, 239
Development 9, 11, 15, 29, 34, 45, 47,
67, 68, 74, 100, 112, 122, 140, 143,
146, 152, 171, 194, 233, 234, 242
Developmental 97, 113
Developments 11, 18, 32, 45, 58, 63,
67, 78, 80, 94, 104, 105, 106, 116,
121, 146, 153, 168, 169, 182, 191,
221, 228, 229
Dharwad 94
Dholewas 78
Dia 157
Diligence 29, 67
Dimensions 12, 69, 81, 122, 182, 190,
220, 237
Disciplinary 51, 118, 132, 135, 160,
162
Discipline 4, 11, 12, 13, 15, 22, 48, 62,
63, 69, 74, 82, 103, 113, 127, 132,
134, 147, 153, 161, 164, 173, 179,
181, 182, 237
Discrimination 186, 189, 190, 193,
219, 220
Discriminations 188, 189, 218, 219
Dispensation 22, 27, 62, 63, 68, 160,
215, 238, 243
Dispensations 69, 81
Doctors 3, 59, 188, 218
Dowry 65, 107, 108, 109, 110, 122,
186, 187, 190, 192, 193, 194, 220
Draupadi 192
Dynamics 11, 24, 87, 90, 105, 106,
121, 122, 123, 159, 176, 179, 184,
195, 242
E
Economics 100
Economies 1
Economy 30, 44, 64, 87, 124, 145,
178, 183
Eelam 44, 145
Ego-clashes 156
Election 15, 27, 68, 70, 82, 83, 85, 90,
92, 123, 227, 239, 242
Elections 21, 27, 70, 82, 90, 117, 148,
239, 243
Electoral 90
Electorate 70, 71, 82, 83, 84, 89, 175
Emergencies 33, 34, 231
Emergency 7, 24, 115, 137, 209
Environment 3, 48, 49, 59, 84, 124,
127, 128, 129, 139, 140, 141, 143,
154, 155, 157, 161, 162, 163, 164,
178, 179, 180, 202, 203, 206
Environmental 164
Espionage 31, 45, 144, 146
Ethics 3, 12, 13, 66, 69, 81, 234, 238,
241
Ethnic 59, 106
Ethos 23, 126, 131, 154, 160, 161,
222
Europe 79
Evacuation 232
Evidence 20, 30, 42, 50, 79, 94, 108,
109, 128, 179, 194, 196, 209
Evidences 13, 25, 29, 66, 110, 122,
128, 179, 208, 209, 213, 216
Evolution 169, 199, 241
Extra-judicial 195
F
Fabric 3, 11, 18, 23, 59, 64, 69, 74, 81,
88, 92, 112, 121, 124, 141, 154,
200, 209, 211
Face-lift 34
Fact-finding 62
Factional 26, 28, 66
Factions 196, 197
Far-East 196
Farmer 4
FBI 40, 76, 115, 116
Federal 40, 115
Fellow-feeling 112, 159
Finance 56, 74, 78, 178, 179, 182
Financial 15, 74, 89, 112, 165, 178,
179, 180, 181, 182, 183, 239
Fingerprint 19
Fingerprints 34
Forensic 108
Fraud 3, 179, 180, 181, 224
Frauds 170, 178, 179, 180, 181
Fraudulent 48, 178, 179
Free-for-all 18, 92, 223
Freedom 8, 49, 118, 129, 136, 168,
184, 185, 201, 206, 207, 222, 233
French 159, 185
Frustration 12, 56, 101, 184, 185, 212
Frustrations 32, 141, 174, 184, 200
G
Gadag 94, 95
Gallows 64
Gameplan 128, 210
Gameplans 68, 210
Gandhi 8, 9, 80, 115, 156, 193
Gang-lords 175
Gang-wars 175
Gangawars 170
Gangsers 198
Gangster 197
Gangwar 51, 137
Gangwars 197, 198
Ganster 197
Gawli 197
Godfather 63, 121
Godfathers 161
Goldsmith 18, 19, 94, 95
Governance 2, 3, 6, 16, 49, 53, 74, 89,
100, 112, 113, 131, 163, 170, 205,
206, 213, 233, 235, 241
Governmental 137, 160
Greenhorns 196, 228
Gujarath 154
Gupta 74, 111
Hostages 228
Humanise 140, 141, 165
Humanised 139, 140, 142, 143
Humanism 139, 140, 143
Humanity 39, 111, 194, 224
Humiliating 51, 118, 120, 135
Humiliation 56, 73, 94, 107, 141
Humiliations 31, 51, 61, 73, 101, 118,
135, 192
I
H
Haryana 78
Have-nots 189, 219
HBT 200
Headquarters 47, 51, 63, 73, 131, 172,
197, 239
Heavyweights 170
Hi-tech 45, 46, 146, 147, 148, 151,
196, 199, 201, 203, 204
Hierarchical 4, 5, 13, 15, 23, 53, 61,
62, 103, 104, 130, 132, 133, 143,
222, 223
Hierarchy 20, 35, 37, 70, 82, 93, 118,
136, 141, 154, 202, 204, 205, 241
High-calibre 15, 62, 104
High-money 200
High-power 15, 35, 105
High-profile 86
High-tech 169
Higher-ups 53, 118, 132
Higherups 38, 48, 136
Hijacking 231
Himalayas 111
Hindu 89, 186, 187, 212
Hindus 78
Historical 60, 74, 111, 186, 188, 193,
218, 231, 237
History-sheeters 172
Homicide 95, 108, 109, 110, 190, 194,
220
Hoodlums 85, 89, 123
Hostage 79
IAS 99
IB 154
Ibrahim 196, 197
IDBI 181
Ideology 7, 12, 66, 88, 125
Illegalities 37, 198, 239
In-service 129, 139, 143, 153
India 1, 2, 3, 4, 5, 8, 9, 11, 12, 13, 15,
16, 20, 21, 22, 23, 24, 26, 27, 29, 30,
31, 33, 34, 35, 36, 38, 41, 44, 45, 46,
47, 48, 49, 52, 55, 56, 57, 58, 59, 60,
61, 62, 63, 64, 66, 67, 69, 70, 72, 73,
74, 75, 76, 79, 81, 82, 83, 84, 88, 89,
90, 91, 92, 93, 95, 97, 98, 99, 100,
101, 102, 103, 107, 111, 112, 113,
114, 115, 116, 117, 118, 119, 120,
124, 125, 127, 133, 136, 138, 139,
140, 142, 143, 144, 145, 146, 147,
148, 150, 151, 152, 154, 155, 157,
158, 161, 162, 163, 164, 166, 168,
170, 171, 172, 173, 174, 175, 176,
178, 180, 181, 182, 184, 186, 187,
188, 189, 192, 193, 194, 196, 197,
198, 199, 205, 207, 209, 212, 213,
215, 217, 218, 219, 222, 223, 224,
226, 227, 228, 229, 230, 231, 237,
238, 239, 243
Indians 127, 212, 217
Indira 9, 80, 115, 193
Indiscipline 243
Indiscreetness 214
Indo-pak 79
Industry 45, 87, 123
Infra-structure 161
J
Jain-hawala 209
Jaipuria 201
Jammu 154
Japan 116
Jawaharalal 97
Jayalalitha 209
Jean-paul 185
Job-culture 3, 59
Johan 185
John 146
Judgement 13, 20, 49, 57, 93, 121,
136, 206, 215
Judgements 30, 61, 73, 174, 214, 215,
216, 232
Judical 66
Judiciary 15, 22, 25, 37, 40, 43, 62, 68,
76, 77, 100, 107, 115, 116, 117,
127, 142, 160, 161, 194, 195, 212,
213, 214, 215, 216, 217, 235, 236,
241, 242
Justification 13, 29, 50, 65, 176, 203
K
Kannada 7
Kanyakumari 74
Karachi 196
Karakoram 74
Karnataka 1, 7, 8, 18, 25, 47, 56, 65,
67, 72, 94, 115, 156, 174, 176, 200
Karnataka-tamilnad 156
Karunanidhi 29
Kashmir 36, 38, 44, 88, 89, 125, 127,
145, 154, 156, 157, 170, 199, 227,
230
L
Labyrinth 178
Laissez-faire 178
Lakhubhai 42, 117, 209
Lanka 36, 44, 88, 145
Lankan 145
Law-abiding 53, 82, 133, 159, 195
Law-breakers 13, 53, 103, 133, 156,
162
Law-enforcers 37, 38, 132, 160, 230
Lawbreakers 156, 206
Lawlessness 24, 38, 47, 48, 159, 160,
170, 176, 210
Legality 74, 113, 223
Legilsations 151, 187
Legilslature 212
Legislations 107, 110, 142, 151, 185,
186, 187, 192, 194, 203, 213, 229
Legislature 15, 37, 68, 84, 124, 212,
235, 236, 242
Legislature-executive 216
Legislatures 202, 203
Legitimacy 35, 141, 142, 151
Legitimate 27, 45, 57, 115, 117, 120,
M
Macro-plan 9
Madhavan 42
Madras 115, 144
Mafia 25, 42, 51, 65, 117, 137, 176,
197, 228, 229
Mafioso 196, 197, 198, 199
Mahabharata 192
Mahatma 80
Maheshwara 212
Maifa 176
Maladies 21, 73, 92, 95, 117, 148, 152,
188, 218
Maladministration 118, 133, 135
Malady 1, 11, 26, 47, 48, 63, 88, 119,
125, 138, 143, 153, 170, 188, 190,
218, 220
Malfeasance 137, 170, 188, 218, 223
Malfeasances 129
Man-management 136
Management 15, 20, 23, 32, 33, 47,
48, 53, 68, 93, 98, 118, 131, 132,
133, 136, 139, 140, 153, 163, 167,
172, 173, 176, 195, 202, 208, 223,
242
Managerial 131, 150, 159
Mangalasutra 94
Manpower 7, 33, 46, 53, 55, 103, 104,
105, 106, 118, 132, 133, 134, 136,
N
Narayan 89
Narcotics 60, 85, 123
Nationalist 184
Naxalisim 89
Naxalism 88, 125
Naxalites 10, 36, 156, 170
NCC 232
Need-hierachy 165
Need-oriented 59
Nehru 56, 97
Nerve-centre 55, 57, 100, 105
Network 74, 112, 119, 134, 202, 204
Networks 196
Newspapers 18, 46, 52, 63, 64, 95,
147, 228
Night-vision 204
Night-watch 34
Nizamuddin 1
No-nonsense 61, 240
Non-cooperation 19
Nonaligned 44, 145
Nonbailable 25, 142
Nonexistent 118, 136, 198
Nonpartisan 50, 77, 209
North-East 73, 157, 199
NPA 154
O
Occupational 164
Odd-job 62, 90, 210
Odd-job-man 205
Oneupmanship 203
Orderliness 73
Outlaws 160, 195
Overburdened 33
Overhaul 103, 140, 152, 157, 203
Oxygen 134, 206
P
Pakistan 36, 44, 45, 46, 78, 79, 145,
146, 147, 196
Pakistani 79
Pandering 148
Parliament 57, 102, 175, 213, 214
Parliamentarians 193
Parochial 41, 48, 70, 76, 83, 99, 207,
237
Pathak 42, 117, 209
Patiala 78
Patronage 23, 30, 63, 69, 71, 84, 85,
90, 123, 124, 174, 175, 210, 226
Patrons 68, 85, 123, 210
Peacetime 231
Petroleum 195
Philippines 1
Philosophies 1
Philosophy 44, 144, 145
Phoolan 176
Polarisation 88, 124, 125, 143, 206
Police-public 232
Policies 12, 45, 56, 74, 75, 89, 91, 112,
113, 146, 203
Polictical 128
Policy 13, 45, 53, 74, 75, 79, 112, 113,
130, 131, 133, 139, 140, 145, 146,
147, 156, 159, 160, 162, 163, 164,
167, 169, 172, 186, 204, 209, 223,
227, 237, 241
Politician 63, 85, 88, 120, 121, 123,
125, 175, 227
Politician-master 71, 86
Politicisation 71, 84, 124, 226
Politicking 67, 212, 233
Politique 228
Polity 11, 88, 125, 159
Population 32, 47, 79, 91, 153, 189,
190, 219, 220
Power-bloc 92
Power-brokers 13, 18, 29, 67, 71, 90,
237
Power-centre 7
Power-centres 174
Power-game 212
Power-games 71, 84
Powergame 209, 226, 227
Prikriti 192
Primordial 192
Principle 4, 8, 23, 48, 55, 63, 69, 81,
100, 103, 107, 141, 150, 182, 188,
192, 206, 218
Principled 72
Principles 13, 26, 32, 33, 48, 82, 127,
153, 186, 192, 223, 234, 235
Pristine 121, 131, 140, 141, 222, 242
Pro-active 161, 212, 213
Pro-rich 175
Procedure 15, 40, 57, 76, 102, 109,
154, 185, 216
Profesionalism 26
Propaganda 70, 73, 83, 197
Proximities 111
Proximity 9, 29, 67, 78, 104, 227, 237
Punjab 36, 38, 78, 79, 88, 125, 127,
157, 161, 170, 199, 201, 208, 227,
228, 230
Q
Quantum 164, 215
Quantums 194
R
Radicalism 213
Rajasthan 78
Rajiv 8, 80, 156
Ramayana 192
Rat-race 64, 237
Rattan 145
Raw 44, 105, 124, 145, 154
RBI 179, 182
Reconstructing 73
Reconstruction 1, 22, 23, 24, 60, 73,
130, 184
Rectitude 121, 237
Reorganisation 24, 101, 148
Restructuring 53, 151, 162
Rhino 228
Rivalries 174
Rivalry 156, 195, 203
Rural 112, 152
Russia 45, 146
S
Sacrifices 88, 118, 125, 134
Safe-houses 201
Satellite 46, 146
Satellites 169
SBI 181
Scams 178, 179, 181, 183
Scandals 116, 117, 179, 197, 222
Self-policing 159, 160, 161, 162
Self-promotion 224, 239
Self-promotions 239
Self-regulation 160
Sensibilities 33, 79, 118, 132, 136,
164
Sensitisation 128, 140, 159, 160, 188,
218
Separatist 10, 156
Separatists 37
Sivarasan 8, 156
Skolnick 185
Slef-promotion 116
Social-wrecker 224
Southern 24, 61, 63, 72, 101, 120,
201, 224, 243
Sovereign 44, 59, 144, 188, 218
Sovereignty 26
Soviet 44, 144, 146
Specalisation 169
Specialisiation 150
Srilanka 125
Starategies 106
Steel-frame 111, 112, 113
Steel-nerves 228
Steelframe 97
Strategic 105, 106, 150, 156, 172, 173,
204, 209, 235
Strategies 8, 9, 18, 92, 105, 106, 176,
200, 201, 204
Strategy 8, 9, 104, 122, 156, 166, 182,
199, 200, 242
Street-hoodlums 199
Street-smart 89
Structural 185, 202, 204
Stuartpuram 94
Sukhdev 78, 79
Surgeons 222, 223, 224, 225
Surgical 3, 59, 188, 218, 223
Syndrome 39, 127, 128
Synergy 87, 124, 151, 154, 155, 179,
182, 222, 227, 230, 235
Synod 237
Systemic 202
T
Talent 35, 48, 62, 69, 81, 93, 101
Talents 4, 15, 55, 56, 75, 100, 113,
163
Tamil 27, 29, 44
Tamilnad 156, 174, 176, 209
Tamilnadu 200
Tamils 145
Tax 87, 123
Taxes 30
Teamwork 196
Techinique 159
Technical 202
Technique 196, 199, 226
Techniques 7, 16, 18, 20, 33, 34, 44,
93, 139, 141, 143, 144, 153, 170,
176
Technology 12, 45, 146, 150, 169,
204, 237
Telecommunications 42
Tendencies 13, 47, 59, 72, 87, 122,
123, 130, 132, 136, 140, 160, 165,
172, 176, 201, 228, 239
Terrorist 7, 8, 34, 38, 44, 78, 79, 80,
91, 103, 104, 106, 145, 156, 199,
200, 227, 228
Terrorist-squads 60
Terrorists 7, 37, 42, 79, 80, 103, 106,
152, 156, 227, 228, 231
Theories 169
Theory 1, 185, 203
Third-degree 13, 38, 50
U
ULFA 10, 89, 156, 200, 227, 228
Under-utilisation 232
Underworld 69, 82, 91, 175, 195, 196,
197, 198, 226, 227
Unemployment 7, 119, 137
Unholy 18, 61, 73
Universal 86, 123, 142, 157, 223
Unorganised 201
Unproductive 232
Unprofessional 47, 56, 126
Untouchability 74, 111, 186, 188,
218
UPSC 1, 2, 52, 53, 55, 56, 57, 99, 101,
102
USA 78, 79
Utility 22, 60, 156, 171, 197, 202
V
Vallabh 97
Value 9, 11, 23, 49, 115, 121, 144,
159, 181, 184, 186, 205, 206, 233,
242
Values 12, 23, 32, 44, 47, 49, 52, 60,
63, 65, 67, 69, 77, 81, 88, 97, 98, 99,
118, 120, 121, 125, 129, 135, 136,
139, 145, 153, 159, 163, 164, 168,
170, 184, 186, 191, 195, 207, 221,
223, 224, 237, 238
Vanavasa 136
Veerappan 156, 157, 176, 200
Venkatesh 24
Verma 212
Vice-dens 195
Vietnam 38
Vigilance 57, 68, 102, 160, 243
W
Wadhawa 79
Warfares 169
Warming-up 163
Wars 44, 64, 145
Wassam 79
Watch-dog 69
Watchdog 22, 59, 62, 234
Watchdogs 22, 62, 69
Watermark 193
Wavelength 157
Weaponry 91, 105, 106, 201, 203
Weapons 34, 39, 49, 104, 128, 169,
172, 174, 176, 189, 207, 219, 223,
224
Welfare 74, 90, 103, 111, 112, 113,
151, 165, 166, 184
Wellbeing 53
Western 134, 186, 215
Wherewithal 11, 139, 141, 143, 163,
231
Wherewithals 142
White-collar 226
Winston 112
Witch-hunt 209
Womanhood 193, 223
Work-culture 3, 59
Work-ethic 59
Work-ethics 68, 243
Work-pressure 164, 170
World-class 46, 147
Would-be-terrorists 227
X
X-ray 204
Y
Yeoman 45, 146
Yield 31, 61, 73, 200, 201, 227
Youngsters 13
Youths 79, 119, 138, 200, 201
Z
Zafarwal 79
Zeitgeist 150
Zoetic 184