By Soumitra Banerji
Some time ago, my iPhone got picked up from an ATM lounge in a Tier 2 City of Uttar Pradesh. We got the CCTV footage and with the help of the associated bank could accurately identify the person involved, as well as his address. All the data was lawfully handed over to the police along with a procedurally compliant report at the jurisdictionally correct police station. However, I could never ever get my mobile back.
It really made me muse over the futility of going and reporting to the police. As a middle class, law abiding and educated citizen of India, I seem to be below the visibility of the Police System of our Nation.
The law plays a critical, yet often limited, role in situations where there is an absence of foundational trust between citizens and the police. While legal frameworks are essential for establishing accountability and defining proper conduct, they cannot, by themselves, fully address the deep-rooted issues that lead to mistrust.
Here’s a breakdown of how law helps…
- Establishing Accountability: Laws provide the framework for holding police officers accountable for misconduct, abuse of power, or violations of citizens’ rights; under the:
- Criminal Law: Police officers can be prosecuted for criminal offences committed in the line of duty (e.g., assault, corruption).
- Civil Law: Citizens can sue police departments or individual officers for damages resulting from civil rights violations, excessive force, or negligence.
- Departmental Regulations and Disciplinary Actions
- Independent Oversight Bodies: Laws can establish independent civilian oversight boards or commissions to investigate complaints against the police, review policies, and recommend reforms.
- Defining Powers and Limits
- Ensuring Due Process and Rights
- Promoting Transparency: Laws can mandate transparency in police operations, such as requiring public disclosure of data on use of force, arrests, or complaints.
- Facilitating Reform
- Procedural Justice: Which emphasises fair and respectful treatment of citizens by the police, giving them a voice, and ensuring neutrality in decision-making.
And the Limitations of Law…
- Enforcement Challenges: Even with robust laws, effective enforcement can be a challenge. If internal disciplinary systems are weak, prosecutors are reluctant to pursue cases against officers…or courts are perceived as lenient, the law’s ability to deter misconduct and build trust is undermined.
- Discretion and Interpretation: Police officers often exercise significant discretion in their duties. This is where mistrust can arise if discretion is perceived as biased or unfair.
- Deep-Seated Issues: Mistrust often stems from historical injustices, systemic biases (e.g., racial bias), and a perceived lack of empathy or understanding from the police. Laws alone cannot change cultural attitudes or rectify historical grievances without accompanying shifts in police culture, training, and community engagement.
- Lack of Public Awareness/Access: Citizens may not be fully aware of their legal rights or how to seek recourse, especially in marginalised communities. Access to legal aid or the justice system can also be a barrier.
- “Letter of the Law” vs “Spirit of the Law”: While laws may exist on paper, their implementation can fall short of their intended spirit, particularly if there’s a lack of commitment from police leadership or political will to enforce them rigorously.
- Reactive vs Proactive: Laws primarily function reactively, addressing misconduct after it occurs. Building trust, however, requires proactive engagement, community partnerships, and a shift in policing philosophy.
- Mutual Mistrust: Mistrust can be a two-way street. If police officers themselves distrust the community, it can lead to defensive or aggressive behaviours that further erode public confidence, regardless of legal mandates.
In conclusion, while a strong legal framework is an indispensable foundation for police accountability and citizen rights, it is insufficient on its own to build or restore foundational trust.
The thumb-rule test will always be when a society of citizens around a police station, make it a part of their ecosystem…a part of their collective living, instead of looking at it with fear and distrust…or a last resort place to go to, when they have exhausted all other options to resolve a dispute or mishappening.
I would wait for the day when I can be sure that my Police Station will be equally aggrieved with my loss and proactively get back my iPhone…or else my wife’s snatched chain. Till then I would hope that our nation’s leadership will be working overtime to make that dream come true…
(Soumitra Banerji is an acclaimed Indian author and writer, best known for his thought-provoking novel “Liminal Tides”.)
