Passing legislation in the light of the police ordinance
Saturday, 9 January 2010
THE observance of the Police Week has started with the usual ceremonies that accompany this occasion every year. The Prime Minister was present in the inaugural session of the week and offered many advice to the police force to discharge their duties more efficiently and dedicatedly. But experiences over the years have proved that mere exhortations will not lift up the functional abilities of a force that remain seriously handicapped from delivering its best from many factors that are not naturally endogenous to it. The police are looked upon as vital for achieving good governance. But government's excess control over the force, its use for any partisan political purpose rather than conducting its professional activities, insufficient logistical abilities, etc., are formidable negative factors -- and largely exogenous ones -- that prevent the police from doing better.
The immediate past caretaker government took steps to formulate an ordinance that would address all of these issues effectively. Even valuable suggestions came from the upper echelons of the police in favour of the proposed ordinance. But for reasons unknown, the ordinance was not promulgated under the caretakers nor it was submitted to the present parliament for consideration and acceptance.
The police are still governed by the Police Act-1861 which was enacted during the British era. This law was enacted in the wake of the Sepoy Mutiny in the subcontinent that was designed to give extraordinary powers to the police to be used by the colonialists in their vested interests of suppressing brutally any rightful protest or uprising by the people. This outdated legislation has no room for community sentiments, democracy, constitution, media and human rights. Thus, it remained as a handy tool in the hands of all governments since its enactment, to promote its narrows interests at the cost of civil and political rights of the people or the requirements of the police to be transparent, sensitive and accountable for their actions or lack of actions.
Thus, all concerned quarters in the country would be one in expecting that the government would prove its sincerity through taking real steps forward for passing an appropriate legislation for drastic police reforms, for the sake of promoting good governance, democracy and professionalism of the police force.
Among the major issues to be addressed in police reforms, is the one of their subservience to the political goals of any incumbent government. One of the worst weaknesses of the police has always been in the area of their being controlled by the government of the day to serve its selfish ends, no matter whether the police observe or not human rights and other norms in the process. This, together with the limitless powers of the government to control the selection, posting and other related factors affecting the life of policemen, had been big factors in making the police force virtually the "partners" of sorts of ruling political parties.
The recruitment of police officers based on their allegiance to political parties, the buying and selling of lucrative posts in the police departments, etc., were the other outstanding malaises that were detrimental to the working of a police force with real flair and professionalism. All of these issues, specially the ones of politicising the police administration and the in-built corruptions in the selection and posting of policemen, must be considered as important issues for the purpose of reforms. The aim of the reforms should be introduction of appropriate legislation and other safeguards to ensure that no government in the future can quite seek to use the police force more like its "loyal supporters" and activists than playing its role as the defender of public interests.
The immediate past caretaker government took steps to formulate an ordinance that would address all of these issues effectively. Even valuable suggestions came from the upper echelons of the police in favour of the proposed ordinance. But for reasons unknown, the ordinance was not promulgated under the caretakers nor it was submitted to the present parliament for consideration and acceptance.
The police are still governed by the Police Act-1861 which was enacted during the British era. This law was enacted in the wake of the Sepoy Mutiny in the subcontinent that was designed to give extraordinary powers to the police to be used by the colonialists in their vested interests of suppressing brutally any rightful protest or uprising by the people. This outdated legislation has no room for community sentiments, democracy, constitution, media and human rights. Thus, it remained as a handy tool in the hands of all governments since its enactment, to promote its narrows interests at the cost of civil and political rights of the people or the requirements of the police to be transparent, sensitive and accountable for their actions or lack of actions.
Thus, all concerned quarters in the country would be one in expecting that the government would prove its sincerity through taking real steps forward for passing an appropriate legislation for drastic police reforms, for the sake of promoting good governance, democracy and professionalism of the police force.
Among the major issues to be addressed in police reforms, is the one of their subservience to the political goals of any incumbent government. One of the worst weaknesses of the police has always been in the area of their being controlled by the government of the day to serve its selfish ends, no matter whether the police observe or not human rights and other norms in the process. This, together with the limitless powers of the government to control the selection, posting and other related factors affecting the life of policemen, had been big factors in making the police force virtually the "partners" of sorts of ruling political parties.
The recruitment of police officers based on their allegiance to political parties, the buying and selling of lucrative posts in the police departments, etc., were the other outstanding malaises that were detrimental to the working of a police force with real flair and professionalism. All of these issues, specially the ones of politicising the police administration and the in-built corruptions in the selection and posting of policemen, must be considered as important issues for the purpose of reforms. The aim of the reforms should be introduction of appropriate legislation and other safeguards to ensure that no government in the future can quite seek to use the police force more like its "loyal supporters" and activists than playing its role as the defender of public interests.