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Police reforms must involve the people

NAVAZ KOTWAL and DEVYANI SRIVASTAVA
AS Prime Minister Sheikh Hasina hands out bravery awards and medals to police and Rapid Action Battalion (Rab) personnel during the ongoing policeweek, two young men prepare for their slow recovery in the southern district of Barisal. The duo, one of whom is a member of the Bangladesh National Party (BNP) youth wing, were abducted by law enforcement agencies and tortured in custody. They are reported to be among 27 such people who have either been picked up, allegedly by law enforcement agencies, or gone missing in the past month.
These are only some of the isolated incidents that actually come to the fore. Police brutalities aside, there is growing public dissatisfaction even against routine malpractices, roughness, unwarranted violence and corruption in the course of day-to-day policing. The dominant perception now is that the police can get away with practically anything, perhaps even murder. It comes as no surprise then that the police don't command any public confidence and are themselves alienated from the communities they are meant to serve.
Police reform has never been on the agendas of the powers-that-be in Bangladesh. Encouragingly, new police legislation, Police Ordinance 2007, was drafted under the Care-Taker Government (CTG) by the UNDP in collaboration with the Bangladesh police in order to replace the (still) existing 1861 Police Act, and was among the most significant reforms introduced during the time. The government, however, failed to get it passed by the parliament during its tenure.
The Ordinance is far from perfect but it does reflect modern day policing principles such as the introduction of external accountability mechanisms where people can file complaints against errant police officers. Such provisions need strengthening in the Ordinance but serve as a useful starting point for reform. Unfortunately, the Ordinance since then has found no owner. It lies somewhere in cold storage to be dug out occasionally by the UNDP Since coming into power, the Sheikh Hasina government has successfully managed to block its passage.
The deep political unwillingness to introduce a new law is coupled with a deeper apathy amongst civil society stakeholders to engage with the process. This may be due to the fact that no public consultations were held at the time of drafting of the Ordinance — not even those that bear the maximum brunt of poor policing. Not surprisingly, the Ordinance retains provisions that will only intensify insecurity among communities and widen the gap between the police and the people.
One such example is the provision to set up Special Security Area "when threatened by insurgency, terrorism or militant activity." In such areas, the chief of police will have the authority to create an appropriate police structure and a suitable command, control and response system. Such provisions have generally tended to create parallel police structures, perpetuated an environment of fear and suspicion, and proved to have a damning effect on rule of law. Till such provisions exist, it is virtually impossible for the police to build upon community policing, an approach that relies solely on winning the trust of, and building sustainable ties, with communities
Today, the few demands for consultation are rejected on grounds of time, complexify, expense and a fear that it will stir up popular resentment. Much to the contrary, consultation, in fact, begets confidence and ownership of a service and reduces hostility towards it.
World over, governance is becoming more and more participatory and consultative. This is particularly crucial where policing is concerned. In a democracy, police is a public service and thus must be based on the expectations and concerns of people. Policing laws must be the outcome of wide consultations, both within the rank and file of the organisations as well as with civil society and other interest groups at large. Otherwise, gaps between community expectations and policing priorities will persist. Such consultations will have a beneficial effect on policepublic relations and would go a long way in repairing the trust deficit between people.
A practice of a broad based prelegislative consultative process has in fact been tried out in South Asia itself, in the state of Kerala in India. Upon drafting of a new police law, the Kerala police put it up on their website along with an invitation for feedback and comments. When it was tabled in the state assembly, it was referred to a Select Committee that decided to go public to the fullest extent. It toured the state, held district-wise public consultations and invited as much feedback and input into the Bill as possible. Within three months, the Committee had toured each district holding large and small public consultations. Prior to each meeting, small notices were placed in all leading newspapers highlight the mandate, purpose and the visiting dates of the Committee members.
Large numbers poured in to the meetings. People aired grievances against the police; some made specific recommendations and offered alternate formulations. Lack of knowledge about the technical aspects or exact clauses of the new law did not become a hindrance nor a waste of the Committee's time. Frequent complaints against typical police malpractices were heard and could be transformed into clauses that shaped the Bill so that it included legislative cures for frequent mischief.
The final report submitted by the Select Committee suggested as many as 790 amendments to the original Bill. The Bill was extensively debated and 240 amendments — all based on public feedback — were accepted and passed. The process has led to a better law, greater ownership of the law and a more vigilant citizenry.
Policing is a central issue in any society. Post-independence the role of police has changed. But laws, practice and ethos of the police have not changed to reflect their new roles and function. In Bangladesh too, the role of the police is no longer to control a subject population but to uphold the rule of law. If the PM is serious about reform, then the present moment is an opportunity for a new beginning to policing with a police service capable of attracting and sustaining support from the community.
The writers are Coordinator, Police Reforms Programme and Consultant, Police Reforms Programme of Commonwealth Human Rights Initiative, respectively.