Limited Police Powers

Was it not John Galbraith who dubbed India as a functioning anarchy? Do we all not sense it ever and willingly add to being part of the great drift that is the Indian tryst with destiny? The Nehruvian tryst and the dharma of karma have fused into one another so well over the centuries. We have over the decades had governments that have a filled the spectrum in all the possible variations. At the level of the states, the variety and thereby the anarchy too has been even more varied.

Today therefore when I read about the mass encounter of hunters and the worrisome double digits of victims, it is alarming. Even in the USA, the sharp increase of policemen shooting and killing people is on the increase. Society in the US react far more sharply than back home and also the system I guess gets to the truth with a lot more confidence clarity and transparency.

We in India, talk loudly, not clearly. The compare comes from the fact that we are arguably the two most active large functional democracies The Bill of Rights – thanks to the initiative of James Madison reflected perhaps a historic milestone after the likes of the Magna Charta saluting the spirit of man and the cause of freedom.

One of the amendments which came as an initial amendment to the American constitution provides “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

” Echoing the same sentiment but with less rhetoric our constitution provides “No person shall be deprived of his life or personal liberty except according to procedure established by law.” The men in khaki are entrusted a task to help manage society within the realms of the constitution. They are not given a carte blanche. Power brings with it responsibility. More power, more responsibility.

Incidents of encounters are not rare in the Indian milieu and the citizenry is indifferent at its own peril. The Indian police need to be sensitised to the constitutional limitations of the power they wield. In an article in an American newspaper Anne Reeves addresses the question as to whether the police image can get better.

To quote ,“People treated police and other emergency responders with an almost fanatical attitude of respect and reverence. We waved flags at them as they drove by. We showered them with food and other gifts. We prayed for their safety. We thanked them publicly and privately as the heroes who went into those burning buildings selflessly risking their own lives for others, opinions have shifted almost 180 degrees.

Especially for police, our admiration has turned to condemnation, our appreciation to disdain." Every time a police bullet goes of, it is a signal that there is something wrong in our streets. The citizen can go wrong- awfully wrong. The state should not, not even a little. That is the hallmark of a mature democracy.

65 years and the defence of we being a young and growing democracy is no longer available. We the collective must realise the guarantees in our constitution relatable to the value of life and liberty are enshrined not embalmed. Any other choice would be route unintended and away from the constitutional goals.

When power flows from the barrel of a police gun, it is by definition contrary to the Rule of Law. Those who rule must by the rule of law, not by the strength of their muscle- or so intended our constitutional makers and so ordain the law.

By L Ravichander