It is one year since the Nirbhaya gangrape shook the capital and
disturbed the conscience of the nation. The Government constituted a committee
headed by Justice J S Verma to suggest such amendments in laws as would ensure
quicker trial and enhanced punishment to criminals committing sexual assault
against women. The recommendations made by the committee led to passage of the
Criminal Law (Amendment) Act, 2013. Fast-track courts were set up to deal
exclusively with cases relating to offences against women.
Not much seems to have changed, however, and there are daily
reports of sexual assaults. The only significant change has been that now there
are instances of the victims aggressively coming forward to lodge their
complaints. The arrests of Asaram Bapu and Tarun Tejpal are positive
indications.
One important reason why the environment has not significantly
improved is that government has not paid serious attention to the subject of
police reforms, the importance of which was highlighted by Justice Verma. One
full chapter running into 28 pages was devoted by the Verma Committee to police
reforms. It was clearly stated therein that “full compliance with this judgment
across all of India is of utmost priority to national welfare, including the
welfare of women and children and towards the weaker sections of the
community”. The committee urged upon all the states “to fully comply with all
six Supreme Court directives in order to tackle systemic problems in policing
which exist today”. It went on to say that “if the Supreme Court’s directions
are implemented, there will be a crucial modernisation of the police to be
service-oriented for the citizenry in a manner which is efficient, scientific,
and consistent with human dignity”.
These important recommendations were conveniently ignored. The
political class and the bureaucracy are putting up fierce resistance to the
implementation of police reforms because it would dilute their hold over the
police and, to that extent, reduce their powers. That the police require a
certain measure of functional autonomy to perform its functions effectively is
of no consequence to them. The ruling class is holding on to its zamindari over
the police.
The Supreme Court has been monitoring the implementations of its
directions given on September 22, 2006, but the states have been coming up with
one excuse or the other. Fifteen states have passed Acts which violate the
letter and spirit of the court’s orders. The laws were actually passed to
circumvent the implementation of the court’s directions. The impasse continues.
As a consequence, the country is, even 66 years after
Independence, saddled with an archaic, feudal, colonial police which was
essentially designed to subserve the interests of the rulers. The only
difference is that the imperial rulers have been replaced by our own rulers,
who seem to have acquired over the years the same insensitive and self-serving
mindset as that of the colonial masters. No wonder, women continue to be unsafe
as they were before the tragic Nirbhaya incident.
Whether one likes it or not, police is the key to dealing not
only with the issue of women’s safety but all the major problems confronting
the country which have law and order implications. Be it terrorism, Maoist
Insurgency, militancy in Jammu and Kashmir or separatist movements in the
Northeast, the professional competence or otherwise of the police would
determine our success in handling the problems. If the problems are getting
aggravated, an important reason is that the police is just not geared to deal
with them. Its infrastructure in terms of transport, communications and
forensic support is weak. There are huge shortfalls of manpower. Leadership is
of indifferent quality. And, what is worse, there is day-to-day interference by
the politicians in its functioning. The police is just not able to deliver, let
alone meet the expectations of the people.
The
country needs people’s police instead of the present ruler’s police that we
have. It must, therefore, be reorganised, restructured and reformed so that it
becomes sensitive, responsive, humane and accountable. The country has suffered
much and paid heavily for not bringing about this transformation. People need
to raise their voice for a democratic police in the country. That would be our
best homage to Nirbhaya.
(Indian Express. Dt.22/12/13)
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