Interviewing Stalwarts-3 [2021]
LET’S TALK POLICE PROTOCOL WITH MR. KRISHNA PRAKASH
Mr. Krishna Prakash is the Commissioner of Police – Pimpri Chinchwad area, Pune. I had the opportunity to discuss the police force in India with him:
Mariam: My topic is the 16th UN Sustainable Development Goal. I would like to learn how we can work towards building inclusive institutions and I seek to learn how the Indian police force supports victims wronged in the context of discrimination. May I ask you some specific questions?
Mr. Prakash: Yes, you can move on with them.
Mariam: Would you please share with me a few examples of how the Indian police system upholds human rights of civilians and vulnerable groups on a day-to-day basis?
Mr. Prakash: This is a very pertinent question. Every human has human rights by virtue of being a human.
Police is the most conspicuous government institution and at the same time they must protect many children, women, old people, and vulnerable sections like the poor by way of acting against the perpetrators at the right time and by way of involving civil society in the awareness of their rights and taking preventive measures against perpetrators of abuse. The second thing is that many times the police itself transgresses their authority and power which is there for the protection of the people. These are people in positions of political power as well as police constables who may misuse authority because of coming from oppressed strata of society themselves. If our mindset is to understand institutions, we need to understand suffering because of ideologies, economic divide, ghettoization, polarization and as such the police force works towards integration of marginalized people.
Mariam: A specific example a victim of domestic violence where the victim that may be economically dependent on the perpetrator. How would you help that person?
Mr. Prakash: There are Supreme Court judgments regarding this. Marriage is an important institution. We try to mediate first but after that we act under Section 498A, which is the India Evidence Act that whatever the victim says is the correct and that includes cases of physical and mental harassment. The second is the domestic violence act of 2005 where the police role is very limited. There is first a court order and then we come in. Before that there is a protection officer appointed by the civil authorities.
There are several provisions like if the woman lives under one roof with any like her father, brother, husband or a beloved, she can request the court to oust him/them or to separate the place into two to protect her from harassment. The protection officer should visit her often and give a report to the court.
Accordingly, the court takes further action and invokes the domestic violence. The protection officer must assist the magistrate and make a domestic violence report to the magistrate in such a manner described by the complainant. Copies are forwarded to the police in charge within the local limits. Application is made in such form and manner described by the magistrate to ensure the person is provided legal aid and under the Legal Assistance Act where free legal assistance is given. The system also gives them shelter if required and gets them medically examined if they have sustained injuries. The copies are forwarded to the police and the magistrate to provide them monetary assistance under Section 26 and they are executed in compliance with the criminal code of 1973.
Mariam: Thank you that answered my question very well. So, this is for civilians, but what is the internal system to ensure that the members of the police force can discharge their duties without fear? For example, we learn a lot of women are being included in the police force which is a very good thing. How do we ensure that there is a safe working environment for them?
Mr. Prakash: A safe working environment for the police force is propagated by of giving them proper protection equipment. Whenever they go to act, they should be given body cameras. Technology is very important when we want to create a safe working environment because the police must face unruly people on a day-to-day basis. We take proper preventive action. We find the hotspots and at peak times for the crimes we ensure preventive protection. Yet the fact remains that police is expected to do many duties without proper education and training and when something threatening happens in the color of the office while imparting their duties resulting in excessive action, there are no human rights for them because they are government servants. So far as inside the police department is concerned, we have the “darbar” system where if they have any queries or any grievances, we have a “samadhan” application online where they can apply and the grievances can be addressed or a system where the police person gets an appointment and meets the highest ranking officers to discuss their problem. Also, we take the meeting of the police wives to understand their problems. We have sporting events where we all participate together with members of family and have ‘bhada khaana” where we eat together. There is time for interaction where they put forward their grievances. But there is still a long way to go, I agree.
Mariam: Regarding this, if someone is not aware of their duties inside the force how is awareness raised to prevent incidents of police brutality towards the civilians?
Mr. Prakash: This is a very important question because I have observed that the lack of professionalism amongst some of the newly financially empowered constables aggravates the habitual violence of their domestic living resulting in brutal behavior. Sensitization to crime is a must for new recruits. Also, peoples’ complaints to the highest authorities helps keep any police brutality in check. Everyone who has entered the police station can report cases of brutality directly and there is a team who checks is and calls them back. 7800 people have approached us and 7400 are satisfied. The second thing is that policemen are citizens in uniform, and they are educated to abide by the rules of that uniform. We also make the police officials understand the spirit of the law – to not be brutal even with criminals, it is important that they try to deescalate the situation before using force. They are tasked to intervene if one of their colleagues is using excessive force, and they are required to report it. We have a police complaint authority in every state and the human rights commission and women and child commission.
Mariam: So, to stop police violence awareness and sensitivity need to be instilled?
Mr. Prakash: You are correct. Sardar Vallabhai Patel who devised the services for the country, has said that our duty is to bring the culprit to book and detect crimes in order to instil confidence among the people.
Mariam: So, when you personally seek to inspire youth which human right is closest to your heart?
Mr. Prakash: All the human rights are equally important, and they are all interlinked but the right to life and liberty are topmost because it encompasses protection of civil, social, cultural and economic rights.
Mariam: You mentioned that to ensure the safety of the force you scoured the area to find hotspots of crime. Are there any other steps taken to prevent crimes?
Mr. Prakash: There is a preventive system involving women related crimes, if we find that it is on the rise, we can take the perpetrators into custody and preventive detention. If we find that an unruly mob is going to attack another community, we can pick them up under preventive detention. Another method is to conduct meetings which is often the best way to resolve problems. We have peace committees for the same. We must find the root cause. I have surveyed areas to see why young people are coming in conflict with the law. I have conducted psychometric tests for them and those who are ready to change and have a positive streak are contacted by a German NGO where they obtain vocational training. For all this to happen there needs to be complete coordination between institutions. If children grow up in a violent area, they should be helped instead of being left to their own devices.
Mariam: What are some of the steps are being taken to ensure inclusivity in the force, especially regarding women?
Mr. Prakash: There is a provision of 30% of reservation for women along with reservations in which every community must be represented in the recruitment. We have the shaka committee where they can complain if their male counterparts are harassing them.
Mariam: Like the UN, I believe every government is trying to create more peaceful sustainable institutions so what do you believe is the key to making todays institutions peaceful and just?
Mr. Prakash: The government is trying ensure that institutions can be fair and just for all. Of course, you must change people’s mentality. On a primary level a greater need is there for moving past age-old biases and dogmas. People should be more progressive in their way of thinking and need to be scientifically inclined, rational, temperate and apply their education in a humanitarian and inclusive manner. Citizens including members of all institutions should follow the Indian Constitution and should abide by it.
Mariam: That was very insightful, thank you Sir.
Mr. Prakash: Jai Hind.
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