THE KERALA POLICE- RECENT DEVELOPMENTS
The India Today’s '2004 State of the States’ report ranks Kerala No 2 amongst all states. The ranking is based mainly on assessment of economic and social growth parameters chosen for the study.
However, if the CHRI, which is an independent non government international NGO and has been advocating for police reforms all over the country, were to rank states on the basis of initiatives being taken to introduce reforms in one of the most important institutions of governance i.e. the Police, it would unwaveringly place the God’s Own Country at the top of the list. Kerala is the only state in the country where at least an attempt is being made, even though limited, to introduce some changes in the system that has remained unchanged since 1861.
It was 143 years ago that the British set up a police system in this country through the Police Act of 1861. The establishment of the system was governed more by considerations of defending the establishment rather than providing sensitive and friendly policing to the people. The police forces in all the states were structured, groomed and controlled to be loyal and subservient to the rulers and not to the people. The police thus were seen not as servants of law but of the regime in power and this perception has persisted into the 58th year of Independence because no state and no political regime has sought to encourage the transition from a colonial to a democratic system of policing. Major recommendations made by the National Police Commission two and a half decades ago to improve the policing across the country have remained unimplemented. But Kerala is at least trying.
Kerala is the only state in the country, which is showing the political will to change the system. Over the last couple of years, some significant developments have occurred in policing in Kerala. For the first time, the Police are being allowed the autonomy to function without any interference from outside. The police are not brooking any interference from politicians in their day-to-day work and this has been due to the support extended to them by the present Chief Minister. Decisions regarding appointments, transfers, postings, promotions, rewards and punishments in respect of officers up to the rank of Deputy Superintendent of Police are being taken by the Police Headquarters. Consequently, the police leadership is exercising greater, forceful and uninterrupted authority over its men and this has helped in improving the discipline in the force. There is also some evidence of reduction in crime during the last year. According to figures, the total IPC crime in the state came down from 104200 in 2002 to 99790 in 2003. Incidence of murder fell down from 451 in 2002 to 406 in 2003, attempt to murder from 562 to 449 and rape from 449 to 376 during the one-year period.
Politicians, of course, have not welcomed the development of freeing the police from their clutches. It has hit them where it hurts most and that is why there is a great orchestrated clamour for reversion to the earlier system. A loosening of hold over the local police means a tremendous loss of influence in their constituencies. While the grievance of some is that the Chief Minister wants to concentrate all power in his hands; the complaint of many is that the illegitimate influence peddling of the earlier era has not been reduced. “Faceless middlemen” have taken their place and are exercising illegitimate control over the police. Politicians were at least known faces and could be called to account for their misdeeds, but the new middlemen being faceless, private interests rather than public figures get away with influence peddling.
The Chief Minister has shown enormous courage to resist the demands for reversion to the earlier system. However, the new initiatives are under threat from many sides and for many reasons.
One, they are fairly tenuous because they have not been given any statutory backing. The Chief Minister thinks that once the police can show to the public that they can function professionally when they are given a free reign, no party or the government will have the courage to dismantle the initiatives.
Two, the reforms have not been introduced as a package of comprehensive measures supporting each other. Any move to give functional autonomy to the police should have been accompanied with the establishment of institutional arrangements that would lead to speedy inquiry into citizens’ complaints against police personnel and provide redress. The Government of Kerala did set up a Police Performance and Accountability Commission on November 18, 2003. , but its charter is too limited to enable it to function as an effective accountability mechanism. It has only two terms of reference. Besides evaluating the general performance of the police during the last two years and making periodic recommendations to improve the functioning of the police, the Commission is asked to “ examine the effectiveness of the autonomy given to the police in recent times, its merits and demerits and to suggest measures for further improving the functioning and accountability of the police.” The Commission does not supervise the investigation of individual cases or entertain individual complaints, though it can suggest measures for improving investigation in general.
Three, the biggest threat comes from the perennial scourge of the police- their corruption. According to some, freedom given to the police has resulted in increasing the incidence of corruption in the police. Reform requires not only that illegitimate political interference come to a stop but that the police take responsibility for providing honest, unbiased and efficient service to the public.
This puts a tremendous responsibility on the shoulders of police leadership at different levels in that state. The police have always blamed interference from their ‘political masters’ as a major justification for poor performance. With this curbed, it is for them to show that they will not ally with other influence peddlers and vested interests in the performance of their duty but stay steadfast to their mandated duty to protect the public interest and uphold the law. They cannot let this opportunity be wasted. On their performance depends not only their survival as an autonomous police force but also of the growth of accountable democratic policing in other states. If the transition from the regime police force to a democratic police service has to occur in other parts of the country, Kerala has the opportunity to take the lead, but the police there have to show that they are mature and competent enough to set an example for other states in the country to follow.
The Congress party at the center has to realise the enormous significance of developments in policing in Kerala and extend support to the present Kerala CM against his opponents within as well as outside the party. It will be a sad day if the chief minister is divested of Home portfolio and the new incumbent allows the recent reform initiatives to fall flat without support.
