M. E. S. Abasaheb Garware College
Karve Road Pune 411004
Ironically the country,
which boasts of its cultural heritage from the great exponents of non violence
like Gautam Buddha, Guru Nanak and Mahatma Gandhi, is stricken by the deadly
disease of communal violence. The incidences of communal violence are the most
disturbing phenomena. It is a matter of great shame that in spite of
commissions of inquiry and long post mortems into incidents of communal
agitation, nobody is punished for the communal crimes they commit.
Combating communalism has to be given priority as urgent
national task. It needs to be taken up at all levels of society irrespective of
caste colour and creed. Communalism has made serious inroads into the state
apparatus; many of the officials of the Government have openly or secretly
compromised with or even supported communal forces and sometimes themselves
practice communalism. The law and order machinery has to be rid of communal
elements. It has to remain ever vigilant to extinguish the communal spark
before it sets an area or town on fire.
Communal riots
occur often; they claim more lives and property; and they last much longer.
Communal groups are better organized. Anti social elements, with the support of
communal organizations and politicians, are able to create rigorous damages to
society. There has been a regular breakdown of law and order machinery in
dealing with major communal riots. Very low morale, poor leadership, and lack
of direction and poor equipments today weakens the police force.
Police
force in the country is not free from communalism, castism, indiscipline and
politics. Police indiscipline was reflected in police riots when the army had
to be called in at some places, to disarm the rioting policemen, including some
members of Para-military forces. Many committees and commissions have analysed
the weaknesses of the police force and suggested remedies. Several senior
officers have drawn attention to the havoc wrought by political patronage and
meddling. Everyone agrees that the communal minded inefficient element in the
police force could easily be eradicated if only politicians would let it alone.
Police misbehaviour and misconduct could be seen even in some communal
riots in 21st century.
Godhra
Riot:
It
is considered that the Godhra incident would not have been taken place, if the
police have been taken few precautions right from the beginning. Given Godhra’s
history and communal background, the police should have maintained a strict
vigil as Kar Sevaks crossed Godhra on their way to Ayodhya, the Kar Sevaks had
indulged in offensive acts at Godhra station. Despite these alarming bells,
there was not enough deployment of forces. Whether it was a case of intelligent
failure on the part of police force, or a deliberate absence of preventative
action?
Once the Godhra tragedy had occurred, the
Gujarat police made no preventive arrests. The
only two arrests were made on February 27 of those, who were picked up at
Astodia that night, for shouting slogans.
Since 1998, there has been an explosion
of hate speech all over Gujarat . The Gujarat police were guilty of not taking criminal action
against the hate mongers for four long years, even after hate speech and
writing had frequently been used to create an appropriate social climate to
precipitate violence against the minorities. Through out the baleful planning
and scheming, the Gujarat police maintained a
diplomatic distance, adopting a non-interfering stance towards illegal
activities.
Ahmedabad’s police commissioner, Mr. P.
D. Pandey had pleaded, “The police tried their best, but they could not stop
the mobs. They were disgustingly outnumbered when the mobs grew.” But in most
cases inadequacy of forces is a mere excuse touted by serving police officers,
who fail in their primary duty. Even in Gujarat
this time, in several cases where good officers held out against political
pressure, the same small deployment was enough to act positively and control
the situation. In the vast majority of cases, however, the police did not act
on behalf of the mob.
On February 28, of the 40 persons shot dead
by the police in Ahmedabad city, 36 were Muslims. This despite the fact that it
was the minority community, which was being targeted by huge and well armed
mobs at Naroda Gaon and Patia as well as Chamanpura. Of the 184 people, who
died in police firing since the violence began, 104 are Muslims says a report
drafted by Gujarat police force itself.
This Statistic substantiates the
allegations of riot victims from virtually every part of the state that the
local police did not do anything to stop the Hindu mobs; they actually turned
their guns on the helpless Muslim victims.
From February 27 to April 10, it failed
miserably in taking decisive action to control the violence that followed. In
addition to this the police itself committed atrocities against Muslims
especially in Vadodara and Ahmmedabad. Even women were beaten and thrashed. In
fact, such widespread misbehaviour of
the police with Muslim women marks a new low in police misconduct against the minorities.
Police conduct after the Gujarat incidence, with regard to the registration of
crimes, conducting of investigations etc., has been marked by a desire to
please political bosses and a total disregard for the law of the country. The
police are required to file separate FIRs for each incident. Instead, separate
incidents of crime committed by different aggressors at different places at
different times have been clubbed together in single common FIR. Panchanamas
have either been made 3-4 weeks after the incidents or not at all. The names of
the main accused have been conveniently dropped.
There
were so many other examples of police misbehaviour
and misconduct which were published in The Times of India or The Hindusthan
Times.
Legal
Remedies:
Sections
107 to 110and sections 143 to 152of the criminal procedure code give adequate
preventive and disciplinary powers and consider it the duty of district
magistrates and police chiefs to prevent violation of peace and ensure the rule
of law. And the All India Service Rules (1969) provides for the punishment of
delinquent IAS and IPS officers.
Apart
from violating Indian Penal and constitutional law, dereliction of duty is a
clear violation of the All India Service Rules. Under these rules, there already
exist provisions for the dismissal from service of IAS and IPS officials guilty
of “any act or omission which renders him liable to any penalty specified in
rule 6.” (Communalism Combat, November-December 2002)
While discussing about police misbehaviour and misconduct we should not forget that the
maintenance of law and order over a civil disturbance is one of the greatest
challenges that the policemen have to face today. All policemen must be
prepared to control the danger of actual mob violence. Demands, greater than
ever before, are being made on the police by Indian citizens for the
maintenance of law and order. The growing complexities in society present
increasing and difficult problems to the policemen. The tension, the conflicts
and frustrations are not going to be solved completely in the near future and
consequently one of the heavy responsibilities of every policeman is to recognise and to protests the rights, privileges and immunities
of persons within the jurisdiction he serves. The large scale, communal,
linguistic, regional, and students’ riots that occurred in the recent past
graphically portray that without law and order there can be no peaceful life
consequently no economic progress and indeed nothing but chaos. Some police
officers have discussed the causes of police failure[1].
Some major reasons are as follows.
Causes of
Police Failure:
1. The police force appears disorganised and ineffective. There morale is absolutely at a very low level.
2. Police authority in many places is being seriously
undermined.
3. The uncontrollable groups and individuals appear to
‘sense’ the impotence of the police forces and ‘challenge’ the police forces
openly. No frequently, at this point, the police are sometimes withdrawn to a
safe position in order to avoid a confrontation.
4. Political interference and ‘control’, in police field
operations at riots, even to the extent of determining specific tactics to be
used or more likely not used during a riot.
5. Kindness of the courts.
6. Lack of public Support.
Communalization of police force is one
more important reason of police failure. No doubt that there is communal
element in police force, which leads biased attitude of police personal towards
minorities. Policemen from minorities are often given non-executive posts.
After the carnage in Gujarat , several police
officers suffered for their upright behaviour
in controlling violence and preventing further loss of life[2].
The police are charged with the lawful
duty to enforce the law, preserve the peace, protect lives and property, and
detect anti arrest offenders. Failure to perform these statutory duties
constitutes serious grounds for removal from office.
In any riot, it is important to remember
that the police are dealing with people, who have either real or imaginary
grievances or who are misguided in their actions. Nevertheless, riots are
emotional storms as potentially destructive as any national disaster and it is
incumbent upon the police to prevent them if at all possible or to bring them
under control once they are in progress.
Remedial
actions that can be taken:
Riot Scheme:
Every city has a riot scheme, which is
known as emergency scheme. It is put into operation in the first stage. It
includes mostly of orders and warnings.
1. Orders to the public to not to assemble in crowds or
carry arms.
2. Orders to police for preventive arrests of hooligans
and antisocial elements,
to appoint
special police officers under section 17 of the police act.
3. Warnings to the fire stations to man the fire engines,
to the hospitals to be ready of causalities, to jail authorities to be ready to
receive prisoners.
4. A riots headquarter is established under the scheme
and manned 24 hours.
After the implementation of the scheme, during
communal riots the police and other agencies of Government are required to
provide full protection to the minority group and to Government buildings,
banks, food storage warehouses, petrol pumps, power houses, industries etc.
Deployment
of Police Force:
Every
policeman on riot duty must be briefed about the situation that exists. The
basic objectives of riot control operations are destroying the mob
organizations, breaking its will to resist and preventing regrouping. The
deployment of the police must be done to achieve these objectives by the most
rapid and direct means of law and order.
Policemen on
riot duty should be provided with full protection. The proper use of police
manpower is very important. Every police officer has to be warned of the danger
of improperly distribution of his force. Long hours of duty under stress will
tire out the police.
During the
riots the police force is utilized for a large number of duties. It is
suggested that home guards should be utilized for such work and the police
could assist them without dissipating its energy for main task of restoring
order. One more important factor is to keep up their morale. Foodstuffs should
be stored for emergency. Otherwise police has to make their own arrangements
for supply of cooked food. That will divert them from their aim.
Operations:
The pattern
of rioting has undergone a considerable change in the recent past and still
police force is using the same old equipments. Instead of that ultra modern
equipments should be used. Recent police performance in riots and terrorist’s
attacks in Mumbai indicate that they are still largely untrained resulting in
poor police operations.
Command:
A senior
police officer should be earmarked for looking into,
1. Mobilisation of
the force.
2. Deployment of the police force on various duties.
3. Supply of riot control equipment, tear smoke shell,
canes, lathis,
bulletproof
jackets, mobile phones, wireless sets, modern and conditioned
vehicles
arms and ammunition, loud speakers and cameras etc.
Public
Relations:
A
senior police officer should deal directly with the press. The public and the
press must be satisfied that the police are acting within the powers conferred
upon them by the laws of the land, and that they give reasonable information
of/about their activities.
Police
Conduct:
Police
officers on riot control duty must maintain an impartial, tactful and patient
attitude regardless of community, caste or creed. Complaints of police excesses
in dealing with rioters have often been made and especially against the lower
ranks. An individual misconduct or brutality on the part of one policeman may
expose other policemen and the entire operation.
In a riot
situation a real worth of a police officer and his influence on the force comes
to the force and this is the time when he is really tested as regards his
experience, ability and knowledge of men and affairs. Where officers are weak,
hesitant or prone to panic a stage is reached where there is large scale
rioting, and a firm decision is required to replace those that have failed.
Thus officers of courage and imagination are needed. They have to take
decisions, when the mobs are most threatening, vulnerable, and desperate and
violent. Leadership in the true sense is needed among the officers at this stage.
The last
stage is the after march of the riot. Police have to register and investigate
cases and conduct searches and attacks. At the same time complaints against
police for their misconduct should be received, investigated and disciplinary
action taken.
It is also
necessary for the chief of the police to conduct the inquiry after every riot
to find out;
1. What happened,
2. why did it happen,
3. What can be done to prevent it from happening again?
The success
of the police in controlling riots must ultimately be judged not by the speed,
with which a riot is controlled, but by the manner in which explosions are
detected and prevented. The most effective method of preventing riots and mob
violence is to eliminate conditions, which might lead to friction and
misunderstanding and ultimately to violence and disorder. The police can play
an important role in this direction.
An IPS
officer Mr. S.A. Khopade, has given an interesting description in this regard
in his book named, ‘Police Prashasanachya
Navya Disha’. According to him, the police act in riot situation is like a Fire Brigade. That the officers in Fire
Brigade are always to be ready and alert and should wait for the phone call,
they immediately take an action and with full capacity they try to achieve
their target; and again they wait for another phone call. But they do not take
any preventive action before the incidence occurs. According to S.A. Khopade,
the present role of police force regarding riots is like a Fire Brigade. Police
force is not taking any preventive action. And in present situation that is
more important. Prevention is always better than cure.
Mr. Khopade
has himself done such an experiment in Bhivandi after the Bhivandi riot in
1984. Instead of waiting for an incidence to occur he found out the causes of
riots in Bhivandi. Bhivandi is the most sensitive city in Maharashtra ,
where Muslims Constitute 52% of total population as per the 1991 census report.
Some major communal riots have taken place in Bhivandi in 1960, 1965, 1970, and
in 1984. Mr. Khopade studied the situation in which the riots took place. To
eliminate the riot prone situation he established the ‘Mohalla Committees’. Those committees consisted of the local
people of the particular areas including The Hindus, The Muslims and the police
officers also. The ‘Mohalla Committees’ were
established almost in all Mohallas in
Bhivandi. The interaction between the members of these committees and the
police officers has been increased. The committee members were from all classes
such as shopkeepers, teachers, rikshaw walas, weavers and businessmen. Their
meetings were held every month. This helped the police force a lot in
maintaining law and order. Such as,
1. The increased interaction between police and public
helped to improve the image of police in public.
2. The members of the committee started giving the
information about the offenders and misbehaviour
of any person, which may lead to riot situation.
3. Hindus and Muslims came in contact with each other,
which helped to get rid of misunderstandings between two communities.
4. Police force got the sources of information.
5. The committee members started behaving secularly.
Ultimately
this helped police force to maintain law and order in such a sensitive area.
After these efforts police were able to take preemptive actions, and after
1984, there is not even a single incidence of communal riot in Bhivandi. Even
after the bomb blasts in Mumbai, in 1991, Bhivandi remain peaceful. Such kind
of efforts should be taken by the police officers.
In addition
to this, police officers, public and the Government should realise that the
policemen are human beings. Thus to develop their skills, patience and a high
morale needed in riot situation, they
should be trained properly. There are hardly any changes in content of the
syllabus of police constables since last 50 years. They are still learning the
same old techniques. They should be taught communication skills and latest
technology required to perform their duty efficiently. They should be aware of
society and social problems up to some extent. It would be helpful to improve
the capacity and ability of police force. Every policeman should realize that
he is the agent of peace and he should be confident enough about his ability to
maintain law and order in society.
It is also
important to understand that, maintaining peace and order is not only the
responsibility of police force and other security forces but the citizens of
the country also are equally responsible for it. Every responsible member of
society owes the obligations towards our country. Bhivandi pattern became
successful because of public participation, involvement and their cooperation
to police force in maintaining peace.
BiblioGraphy:
Ghosh, S. K. 1972. Riots – Prevention and Control.
Eastern Law House.
---------1969. Communal Riots in India
Khopade, S. A. 202. Police Prashasanachya Navya Disha. Rajhansa Prakashan.
----------2011. Mumbai
Jalali: Bhivandi Ka Nahi. Rajhansa Prakashan.
Mathur, K. M. 1994.
Indian Police Role and Challenges. New
Delhi
Nath, Trilok. 1983.
The Police problems. New Delhi
Sen.Sankar, 1994.
Police Training – Problems and Perspectives. Jaipur: Rawat Publications.
Periodicles:
Secular Perspective - Communal Riots 2011. Volume xv,
January 2012
Communalism Combat. March - April 2002.
Communalism Combat. November – December 2002.
Hindustan Times and The Times of India
