It is said that war is too serious a matter to be left entirely in the hands of Generals. Similarly, having seen our Police function since 1947, it can be concluded that crimes in our society are too serious a matter to be left entirely in the hands of our Police.
It may be difficult or impractical to expect the Police to be a perfect law - enforcing authority. Yet, the imperfection in the Police force is dangerously all - pervasive that it is certainly not able to do justice to the people by handling effectively the ever - increasing crimes of various kinds we find today in a scientifically advanced society. Say for example, cyber crime.
Be that as it may, after the now infamous Ruchika molestation case of Haryana, which has taken a new turn 17 years after the crime was committed and on learning the punishment meted out by the court to the convict — six months imprisonment and Rs. 1,000 fine — as too apologetic, people are making themselves bold to talk about the ugly face of the Police.
Ruchika's, they say, is not simply a case of molestation but a case of “abetment to suicide” which is as grave an offence as 302. The resurgent court battle is now on.
Let that war go on and let us wait and see if truth will prevail in this Yuga of Adharma. In the meanwhile, a thought crosses my mind about the recurring incidents of kidnapping, missing and suicide of persons. Kidnapping is often done by mafia and underworld dons for ransom. Missing cases are mostly murder cases while suicide cases among women relate to molestation or sexual harassment as in the case of Ruchika Girhotra of Haryana.
Ruchika's case was inhuman for the reason, the perpetrator of the crime, a Top Cop, the DGP of Haryana, S. P. S. Rathore, had harassed this upcoming teenage tennis player beyond human endurance and understanding. She was molested. When the complaint was made, pressure was brought up on her to withdraw the case in many sinister ways. She was rusticated from that Sacred Heart Convent School which apparently is neither sacred nor has a heart.
Her father was intimidated, threatened of life that he had to relocate himself in another State. Many criminal cases were foisted against her brother who was put in lock - up and in jail. And unable to bear all this cruelty that came upon her family because of her, she committed suicide. And when her brother begged to be released for a day to attend her funeral, he was not allowed. And yet, the accused got away with a minor punishment. Why? Because the Police had doctored the FIR. The all - important FIR.
Thank God, the Home Minister P. Chidambaram at last woke up to the danger of leaving the Police unbridled to deal with our criminal laws and apologetically issued a circular to treat all the complaints from the public to the Police to be treated as FIR. This is no final solution to the problem but at least some consolation — a beginning.
Now, to come to my point, the Home Ministry will have to give a serious thought to the three crimes — kidnapping, missing persons and suicide.
I was personally disturbed to read two reports in the newspapers of Friday, Jan.8, relating to this kind of crimes, especially against hapless, highly vulnerable women. One report was published in the local Kannada daily under the title, "Harassment by doctor: Nurse commits suicide." Reading the report, I came to the conclusion it was a clear case of abetment to suicide.
Similarly, in an English newspaper, the case of four Muria tribal women from the village of Samsetti in Chattisgarh's Bastar region. The report narrates the harrowing tale of molestation, rape, arrest and harassment of these women not only by anti - social elements but also by those who are expected to protect these hapless tribal women and punish the guilty — the Police.
Most of the missing cases are today not investigated properly at all, beyond giving a press release or a radio announcement. And when the body is found either hanging by the tree or dumped in the Naala or behind some bush with a poison bottle around, the case is treated as unnatural death or suicide. The Police keep the case very vague and the investigation naturally will be a matter of ritual before the case is closed without any further action, even when the relatives of the missing person give many leading clues and in some cases name the suspects.
Similar is the case with kidnapping when Police are said to be making a fortune depending upon the financial status of the family whose member is kidnapped. Therefore, will it not be a good idea to invoke the provisions of the appropriate law to set up a Citizens' Committee or some such Committee to oversee the investigation of these cases — cases of kidnap, missing persons and suicide?
I am thinking on these lines after reading that under Section 31 of the Karnataka Police Act 1963, there is a provision to set up a Traffic Co - ordination Committee comprising heads of various government departments and a couple of civilians which will oversee and monitor the manner in which a road is to be maintained and developed or find out ways and means for easy and smooth flow of traffic in the city roads. Some thought, some idea. The Home Ministry should certainly consider ways and means to prevent the recurrence of incidents of cases of kidnapping, missing persons and suicide and to detect the culprits through effective and proper registration of complaint, investigation and filing of FIR.
If one follows the cases of crimes committed by the government officials [IAS, IPS, IFS included], it is very clear that they are all hand – in - glove or more appropriately brothers – in - arms ready to defend each other in times of difficulties like the one faced by the Haryana DGP Rathore. It is almost like the story of three musketeers with the motto, "One for all and all for one."
This motto should be accepted by any civilised country if their actions are for the good of the people. But unfortunately today we find these people ganging up to protect themselves after committing crime after crime — of corruption and human rights violation. The Ruchika case exemplifies the naked power of Men in Khaki to inflict violence for their own carnal pleasure or self - aggrandizement. It is for this reason the Supreme Court, according to reports, had laid down a blue - print for Police reforms wayback in 2006. The primary concern of the Supreme Court was to check the rampant political influence over the Police establishment.
As could be expected, the existing Politician - Police nexus did not show any interest in implementing the Supreme Court directives. In fact, some States have sought to bypass the SC directive by enacting new Police Acts with all the loopholes intact to benefit the Politician - Police nexus.
In other words, the governments, whether of Congress, BJP or whatever, have successfully avoided Police reforms. It seems Haryana Police Act of 2007, said to have been enacted in seeming compliance with the Supreme Court’s directives, is full of infirmities to help Police officials like Rathore and the politicians to evade the clutches of law.
In fact, the Supreme Court had suggested three watchdog bodies but it has not been setup at all. Look at the way the new Haryana Police Act 2007 has circumscribed the suggestion. The Act says, "That, it [watchdog bodies] may be set up if the need arises" which otherwise means it will never be set up.
It is unfortunate but true that there is a huge resistance to any kind of Police reforms particularly from those in the Police service and from the politicians who keep exchanging, as one columnist aptly described, "favour for favour."
I do not know if Karnataka has passed any laws in compliance with the directives from the Supreme Court. If it has not, it is advised to do so but with honesty and sincerity. Not like the one enacted by Haryana.
Well, in such a bleak situation, is there any hope of reforming the Men in Khaki?