Opportunity Knocks Andhra Pradesh Police (Reforms) Act 2014

Andhra Pradesh in its new avatar seems to be taking steps towards police reform– the question is will it be a better or worse kind of policing? Will the process be done behind closed doors or through wide consultation? Some steps toward reform were taken last week when the Andhra Pradesh Police (Reforms) Act 2014 was passed. This fixes the DGP’s tenure for a sure two years irrespective of superannuation. This helps the present DGP to stay beyond July 2014 and assures successors of some certainty of tenure.

Good in itself, the move indicates a piecemeal approach to bringing about deep and very necessary changes aimed at organisational transformation. All is not lost though – as long as this moment is seized to prompt a participatory and open reform process. This critical time of state formation is Andhra Pradesh’s best opportunity to shape new democratic police.

So what would such a process look like? If there is to be policing by consent – and in a democracy there can be no other - then people deserve to be involved from the very early stages of design. This requires a process of public consultation which seeks to find out what people’s problems with present policing are and what kind of policing they would like to see in the future. Their many grievances will pinpoint what needs to change and their suggestions can be distilled into a statute that reflects their aspirations. Ideally, this process must begin at the district level and work upwards.

Consultations have no meaning outside cosmetic deception if they are hastily called half-day meetings with the chosen few. This is no longer a good enough way to make laws. It plays into the outdated belief that all wisdom resides within a small coterie of elite who can fashion instruments of state, closeted on high without the necessity of inputs from those most affected by policing – the public at large and also the police rank and file.

The state of Kerala gives a great example of genuine public consultation. In Kerala, before its new policing law was finalised, it was referred to a legislative Select Committee. The committee of MLAs representing nearly every political hue toured all 14 districts over a couple of months in 2011, holding town hall meetings that invited as much feedback and input into the Police Bill as possible. Prior to the meetings, notices were placed in all leading newspapers about the Committee’s visit and its mandate. 400-500 people poured in to each meeting. Many had grievances against the police, some had specific recommendations and some having studied the Bill in detail had suggestions and alternate formulations to offer.

In the end the Committee’s report, laid before the House, recorded some 790 amendments to the original Bill. The Bill was then debated for almost four hours and 240 amendments - all based upon the feedback received from the public - were accepted and passed.

The pre-legislative process in Kerala has been seen as an amazing goodwill gesture on behalf of the state government and gone a long way toward increasing public confidence in governance in general and the police in particular. There is no reason why the same benefits to all should not flow in Andhra Pradesh.

No doubt, there will be considerable planning and some funds needed to hold district level consultations across the state. Civil society groups can be roped in. Village level groups, civic associations and affinity groups in towns make great vehicles though which to organise town hall meetings everywhere.

Communities are the main beneficiaries of good policing and the main victims of bad. The opportunity to truly transform the police is at hand. Public consultation will lay the foundation for efficient, honest, unbiased, law abiding and accountable policing in the future. The public must demand it and the government must do it – each in cooperation with the other. Real belief in government intention and police practice will come only when all from high table to district are actively involved in designing what kind of police is best suited to the people of Andhra Pradesh. This is the democratic way. This is the only way