The onus of upholding the law is on police dept

The onus of upholding the law is on police dept
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The police system in our country has to undergo changes to emerge from its shadows. It is time for them to perform their duties with dignity—not out of fear, pressure, or impatience to get quick results, but with true values, accountability to the law, and professional ethics. This is not meant to criticize or teach morality to today’s police or to say that what they are doing is wrong.

However, if this system continues to operate under stress, fear, and disrespect, treating their profession merely to pass time, the society will be mute spectators to the complete collapse of this crucial department.

First and foremost, there is a need to understand for whom the police serve and uphold their professional ethics. The law grants them the authority to file cases and conduct investigations. Furthermore, to ensure justice, they must arrest suspects and gather evidence. It is precisely in this evidence-gathering process that police find themselves caught in a helpless position.

There is growing pressure—often from governments desperate to maintain their existence—that imposes time limits like “resolve this case by this evening,” thereby placing the department in a vulnerable state. Only when the police system breaks free from this helplessness can it perform duties to the required levels and with respect and integrity. It is easier said than done, but why are the police not trying to step out of these shadows and sincerely work to solve cases?

Analysing the reasons reveals some important facts. Democratically elected governments—legitimate representatives chosen through elections—end up focusing only minimally on welfare and development. After power struggles are settled, they spend the rest of their term preparing for the next elections, leading to a cycle of stagnation.

Earlier, politicians of every hue adhered to values that ensured government institutions functioned with discretion—knowing what each branch should or should not do—and avoided misusing power for personal gain. Governments never brazenly forced the police to break laws through undue pressure, insisting that whatever the government said was law. That is why democracy was able to take root in our nation, even if only for a few years.

In other democratic countries, corruption within the police system is quite rare. This is because everyone—senior government officials, opposition leaders, politicians, and citizens alike—adhere to democratic values, respect the law, and uphold the principle that no one is above the law. The meanings and awareness of crime, criminals, and criminal justice are shared not only by the media but also by intellectuals and community leaders, which helps prevent criminals from being honoured, protected, or given official positions. However, recently, especially in countries like the United States, values have been eroding. The leadership has changed direction. When the Watergate scandal was exposed, the then-president became a laughingstock. Until a few years ago, there was a culture in the U.S. of holding any president accountable in public, no matter their weaknesses.

But when businessman Donald Trump became a political leader, the concept of ‘diplomacy’ lost its meaning, and ‘tariffs’ became the primary weapon. How long and to what extent Trump, who makes an announcement every minute, will drag down America and other countries is something only time will tell.

Setting aside the police systems of other countries for now, experts, police specialists, and constitutional scholars can carefully discuss and agree on implementing certain measures in our country in accordance with the law.

Police must not hesitate even a bit to register the First Information Report (FIR). In cases where the offense is not legally recognized as an FIR-worthy crime, some suggest closing the case. Sending the final report to the court will reduce pressure on the police by half, while delays caused by police in registering FIRs will only increase the pressure. Unfortunately, police have sometimes sidelined FIR registration. The reasons are well known. Continuous supervision by higher authorities on this crucial matter can help marginally improve the situation at the police station level. Supervision by higher authorities must become a continuous process.

Following the police manual should be mandatory. Material evidence needed to be submitted to courts must be sent immediately! The DSP should constantly check whether these tasks are being carried out properly. When case registration and notings in the general diary are done regularly and in the right manner, cleansing will begin right at the police station level. Mention of whoever is held in lockup must be recorded in the general diary. At present, the need to resort to third-degree methods has decreased. Keeping detainees in lockup (illegally and unauthorisedly) has caused the police to overstep their boundaries and become mere puppets in the hands of leaders.

It is, after all, the responsibility of the police to uphold the law. According to which suspects must be sent for remand within 24 hours without fail. If the police intend to interrogate suspects, they can conduct the process in a designated room at the police station. When the police carry out everything transparently and responsibly, it is difficult to find fault with them. The enforcers of the law are accountable to the lawmakers (legislators) and to the judges who interpret the laws, at least until they themselves take the law into their own hands. Anyone who manipulates the law for personal gain is unfit to live in a democratic system. Once this simple truth is recognized, no one can exert undue pressure on anyone else. But if governments, opposition parties, and public representatives believe that only the police are responsible for protecting the public system that has now turned into a money-driven mechanism, then it is inevitable to think they are gradually opening the door to authoritarian, Hitler-like thinking! Authoritarianism has no place in a democracy.

Governments are accountable to the Constitution, whose depth is interpreted by the judiciary. As long as one system does not intrude upon another, everything functions properly and well within the framework of the Constitution. Only when all systems function properly can a democracy be considered mature.

The police must enforce the laws, and the elected governments must govern, while the judiciary must protect the Constitution. Governance runs smoothly if the foundations remain untouched. Only when lawmakers uphold constitutional duties properly can they have the right to be questioned within the constitutional framework. If they forget this, then anyone has the right to question them! Those who are in power would face the consequences slowly but surely if they ignore adherence to law.

(The writer is a retired IPS officer, who has served as an Additional DGP of Andhra Pradesh)

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