Enforcing on the Enforcers
The present Inspector General of Police has taken up an arduous task
upon himself and that is to clean up his own stables. This pronouncement
is apparently made with good intentions of enforcing the law and order
on the enforcers first. After all if the immediate guardians of law are
found to be wanting in their adherence to, there could be little chance
of the law being enforced in the country at large. The question however
is how should the IGP set about this task and what are his limitations
in achieving results?
Police is a unique arm of governance and they have an onerous duty to
perform in the day-to-day affairs of the society. To start with, we are
not sure whether to call it ‘Police Force’ or ‘Police Service’. The
reality is that its role is in between those two and that is why it is
unique; because it has to use force and provide a service.
The official definition however is that it is “the body of agents
organized to maintain civil order and public safety, enforce the law and
investigate crime”.
Law and order has to be maintained at all cost in a country because
that is the essence of social peace and the absence of that is anarchy.
And it is this act of adhering to law and order that sets the human
society apart from the jungle. Having said that, the reality however is
that when we have a body to maintain law and order it become necessary
for us to empower that body sufficiently to rein the violators in.
Police officer ones told me that ‘if we are to enforce the law, we must
first have the right to violate it’.
Law and order
Even though it sounded a somewhat preposterous then, come to think of
it, I now see the point he made. We have to have ‘licensed chandi’ to
neutralize the ‘chandi’ (criminals). Hence we have to give them licence
to use force to protect law and order to degree equal to what a criminal
is prepared to use to violate it.
True, the Police do not have the power to administer and dispense the
law but that part comes later and it is the enforcer that comes first
and hence it is the Police officer who carry this ‘on the job’ power.
Every job or profession may have a degree of ‘on the job’ power but in
the business of maintaining law and order, the ‘on the job power’ is
immense. And that is what makes the Police unique and its actions often
questioned.
Who is the motorist who can challenge a Police officer when he issue
a ticket for a traffic offence and who is the civil member who can save
himself from being arrested on doctored evidence? Hence this unique
character of the police has to be acknowledged by all as a fact of
practical reality.
Having acknowledged that, the position then is how to ensure that
this power bestowed, is used for the purpose it is intended for and not
abused; for the line between use and abuse of power is a very thin one.
What the IGP then needs to do is to fine-tune his department’s internal
discipline, ethical practices and the police law to ensure that the line
between use and abuse gets fatter.
A clearer demarcation will always facilitate deciphering bona fide
use of power more readily from abuse. What a pleasant land this Island
could be if the Police start leading by example? Having conceded that,
we also have to appreciate that much of this criticism levelled against
the police springs from the general public due to their own lack of
empathy of the job of a Police officer. ‘Oh! The Police, the last person
to be trusted or relied upon!’
This is often because the members of the public, having established
personal contacts with Police officers, expect those officers to help
them out from a ‘spots of violation’ of the law. This ‘general public’
includes the ruling politicians, high-ranking officers, and from filthy
rich right down to the helpless beggars.
The police is blamed equally when they enforce the law as well as
when they do not enforce the law. One section will blame when the law is
not enforced and the other will blame when the law is enforced.
Ironically, whatever the action the Police takes they cannot escape
criticism from one party or the other!
Civil society
Then why has this august job of maintaining law and order has come to
be the most delicate job of all? This is simply because we in the civil
society are so obsessed with our own side of the problem that we fail to
appreciate the necessity of maintaining law and order impartially in our
society.
How many of us are prepared to compromise on our personal liberties
and discretions for the sake of the social good?
As members of the civil society, irrespective of the position we
enjoy in the social hierarchy, what we have to realize is that with
every exception we demand from upholding of law and order, the society
gets closer and closer to an eventual state of anarchy.
A politician who uses his influence to free a supporter from rape
charge is exposing his own daughter to a society that does not shun
rape. When a rich man uses his influence to free a criminal he is making
his family vulnerable to crime. Hence you try to tamper with the law and
order and it could come back on you like boomerang!
How beautiful this land could be, if all its citizens realize the
importance of maintaining law and order? That will mean less hassle for
us and less work for the Police.
The IGP can only do his part and expect the rest to fall in line. May
be he could initiate a campaign for that ‘rest’ that is beyond him and
sometimes he may succeed.
In any case we wish him luck in all his endeavours because, after all
he is another Mahinda! |