"How can we get a bottle of ‘Daroo’ when both you and I are empty-pocketed right now?" The newly recruited young Hawaldar glared at his senior colleague. The exorbitant-bellied Hawaldar waved his right hand. "What’s the use of our being ‘public sevaks’ if we can’t get two free drinks?!" "Free?" "Yeah, free, the Dhaba is illegal, the bastard has no license to sell Desi Daroo and so he keeps two bottles for me everyday…simple…" gasped the senior in a single breath. "Illegal dhaba… sounds unhygienic, I’ll not drink that," young Hawaldar said firmly. The senior lost his temper. "You think that posh beer bar will give us free drinks? Ok watch this," the Hawaldar clapped and strutted up to a pheriwala. Smashing his stick on the cart, "People are complaining about you, you do not let them sleep in peace." "But s-sir" pheriwala stammered, "I return home early evening quietly." "What about your morning routine?" the reply was reluctant: "I start my business at 7.30". "Many people also sleep in the morning…it definitely means that complaint is feasible, I will confiscate your thela." "Mercy Sir, have mercy. I have a family to support …" pheriwala started sobbing. "OK, I am not that much cruel, relax. Give me a hundred rupees. Tu bhi kya yad karega." Pheriwala slowly took out crumpled rupee notes and handed it to the callous Hawaldar. The younger colleague argued, "But it is wrong, it is inhuman…" Hawaldar briskly turned away saying, "Everyone thinks the same way in your age. Ghabra mat tera bhi zameer marjayega."
Do not think this is an exaggeration. How I wish it were so! But the bitter reality is: whichever negative trait you hunt for – injustice, corruption, partiality, dishonesty, bribery – the Indian khaki will not let you down.
The police force is the principal protector of state’s internal sovereignty but alas in the largest democracy of the world, the common man is more in terror of the police than of notorious dacoits and goondas; courtesy the infamous fake encounters, custodial deaths and extra-judicial killings which have become everyday phenomena, apart from illegal detention of relatives, unbearable methods of torture, etc. During riots the ‘heroism’ of our forces is especially spectacular. We have police forces, sent to maintain law and order, who remain "spineless spectators" of the pogrom, sometimes even egging the attacking mob on and assailing the hapless victims along with the aggressors. This was visibly the case in Ahmedabad (1969), Hyderabad (1978), Moradabad (1980), Bhiwandi (1984), Meerut (1987), Bhagalpur (1989), Bombay and Surat (1993) and the horrific massacre in Gujarat (2002). Treachery is clearly enshrined in the heart and soul of our policemen. And this predicament is not a mere coincidence. There are horrendous logical reasons for it.
THE COMPOSITION OF KHAKI
The composition of khaki (both military and police) is disproportionate to the core. I will not bog you down with statistics but we shall just skim the surface to estimate the astronomical injustice here. In Assam, Muslims constitute a considerable portion of the population, but in Assam Rifles they are a negligible 2.5%, likewise in BSF they are 4.5%, in CRPF 5.5%, in civil services 3.2% and SPG, RAW and IB are yet to see a Muslim in their ranks. Some may claim that Muslims are uneducated and unqualified, which is true to an extent, but do they not qualify to figure even in the lowest ranks of these forces? The diseased mentality restraining the largest minority from these forces is revealed by Vijay Kiran, a former CBI Director, who said "It (negligence of Muslims) is a sort of an unwritten code; everybody knows it and it is accepted as a fact." Meanwhile most Muslims do not even consider such careers, apprehensive of the discrimination they might face. These two factors have led to a rift in these forces between the proportions of the two major communities of India.
The absence of Muslims from the police and paramilitary in majority of states serves as breeding ground for stereotypes of Muslims as violent bigots, smugglers, underworld gangsters, offspring of the invaders (Babar ki Aulad), filthy beef-eaters bent upon out-breeding Hindus to create Pakistans, etc. In a word it gives birth to sentiments of "us" vs. "them".
COMMUNAL MINDSET
Some police departments can be better described as Shakhas (branches) of Hindu extremist organizations. Even if a microscopic minority of the department is affiliated to either Shiv Sena, Bajrang Dal, BJP or VHP, it’s enough to pollute the lot. There have been numerous instances of distribution of RSS literature in police stations. Several IAS, IPS officers join BJP and other branches of RSS after retiring. This is not limited to individual choices: this mentality has far-reaching ramifications, most apparent during riots where they actually behave and command subordinates to behave like butchers. In times of peace too they vent their anger communally: when the police fails to nab the real criminal, or wishes to conceal the truth, it simply arrests a ‘Saqib Nachar’, ‘SAR Geelani’ or an ‘Afzal Guru’ or any other well-educated Muslim youth, authoring a dramatic storyline of his alleged links. Sticks, gun butts, whips, iron rods, base ball bats, electric shock all serve to relieve anger of self-failure on the ill-fated bodies of terror-stricken "terrorists". This, along with blackmailing, insulting women relatives, threatening rape, pulling out nails, stripping them and their relatives naked, dripping acid on feet, genital mutilation and other untold horrors. Confessions are extracted and the battle is won. And if accused refuses to comply despite the intense torture, the next day news channels holler the ‘breaking news’: "Dangerous Terrorist (wanted in so-and-so-and-so case under Article so-and-so-and-so) shot in an encounter by valiant police officers. Medals awarded by state CM". The characters may be different but the plot and climax is the same in all cases, be it Khwaja Younus or Sohrabuddin Shaikh or Ishrat Jahan.
POLITICAL HINDRANCES
It is true that the hands of law are very long but our anarchists have much longer hands which they use to keep the law in their pockets. Very often the root of the problem does not lie in the police department. Police just work as an instrument of politicians playing their sinister political games.
The security of the minorities during communal disturbances depends largely on the attitude of the political party in power in the state. The police chief, the director general act purely according to the dictates of the CM. If he is directed, explicitly or implicitly, not to interfere with rioters, he cannot but comply because to do otherwise leads to instant removal by transfer.
Omar Khalidi concurs with the fact that when leadership is capable, honest and impartial, the grimmest situation can be handled effectively and loss of life limited. "The police in Kerala & West Bengal has acted impartially, due primarily to the unbiased orientation of the politics in both the states and parties in power… Similarly at various times, the Bihar and UP police, otherwise notorious for their anti-Muslim conduct, were compelled into fairness by the administrations of Lalu Prasad and Mulayam Singh". Mulayam Singh in 1990 had successfully used police forces to prevent destruction of the Babri Mosque. Similarly, when in 1992 under BJP-administered UP, Babri Masjid was demolished, Lalu, the then CM of Bihar called DMs and police chiefs one by one and said: "Shoot whoever foments communal violence. Deal with the situation ruthlessly; otherwise you know how I will deal with you."
We have counter-examples of the same BJP-led UP in 1992 where leaders watched and even celebrated "Vijay Divas" when plunderers violated the sanctity of a mosque, desecrating democracy. And of course the shameful incidents of Gujarat in 2002 where several high profile police officials like Harsh Mander urging strict action were not granted permissions by the Modi-led fascist regime.
THE ANTIDOTE
The ailment is noxious and multifaceted. On one hand it encompasses the whole police force, while on the other it is connected with fierce communal organisations, uncouth political ambitions and a perverted junta. This malady needs an expert analysis; the remedy must be sought after a careful diagnosis of every aspect of the disease. There is a need for initiatives which may ultimately vindicate the Khaki of its nefarious image.
i. The government must make efforts to balance the diversity of the army, paramilitary forces and police. The communal parties which oppose such religious head count in security forces must be reminded how even before independence the Mahasabha Chief Mahant Digvijay Nath told the Police Reorganization Commission, "…Justice and fair play demand that Muslims must not have more than their fair share of representation… recruitment of the Muslims to the police force should stop when communal proportion is achieved." Why these dual standards now?
Distribution of communities in security forces is no guarantee of peace but it certainly helps in creating a better environment ////since representation of various religious, castes and regions gives the police force a pluralistic outlook./// Hindu and Muslim constables sleeping side by side in a barrack, living and eating together will certainly create greater unity and a sense of oneness than living in one’s own world of prejudices and faulty beliefs.
ii. Government must arrange fast track courts for complaints of illegal arrests, police crimes inside and outside the police station including encounters, custodial deaths, suicides inside jails, serious injury in lockups etc. The guilty must be punished seriously. Instead of confessions extracted by third degree torture, interrogation must be done in presence of the accused’s lawyer and any confession made without the lawyer’s presence must be not be acknowledged. Sound security must be provided to those who have complained against the police.
iii. We require a powerful system to ensure that police does not misuse its powers. Many innocents perish inside lockups without being presented in court. Many are tortured mercilessly. A high court representative appointed in each city or town must inspect the records and conditions of prisoners to ensure that no extra-judicial activities take place.
iv. Police officers must be paid adequate salary in order to curb ‘under-the-table’ acquisitions. Corruption can be curtailed by frequent reviews of assets and accounts. Surprise inspection by senior officers will keep the police on their toes.
v. The State must fight tooth and nail to combat communal ideology within the institutions of police and army. Distribution of books, leaflets or cassettes preaching communal hatred and prejudice must be banned, and rule breakers and organizations must be dealt with stringently.
vi. Media must stop eulogizing so-called ‘super-cops’ and encounter-specialists. Journalists should hunt for facts behind the cold-blooded murders of innocent citizens by police officers. It is also incumbent on the media to present all information impartially, without any derogatory comments on accused individuals.
vii. Citizens must be aware of their rights against the state in general and against the police in particular. These include rights against double jeopardy, right to counsel of choice, right to know about grounds of arrest, right to be produced before a magistrate within 24 hours of arrest etc.
viii. If someone is being ill-treated and ensnared in a fake case fabricated by police, or if the grounds of arrest are not divulged, in any such event instead of sitting on the information, present it to the media, National Human Right Commission (NHRC), minorities’ commission etc. Form NGOs to guide such victims of police barbarity, along with sound financial and legal assistance.
ix. Muslim citizens need to be 1000% cautious because they are prime suspects for every crime in every case. My advice especially to educated Muslim youth: do not indulge in breaking the minutest of laws, even obsolete traffic rules, or our psychotic police may chase and kill you and your family will later be informed that you were linked to LeT and ISI somehow. So play it safe. And if despite all your innocence, the police prevail, do not despair, have faith in Allah and fight for justice till your last breath. May you will be rewarded for your patience on the Day of Judgment. I salute the courage displayed by the family of Khwaja Younus, who was killed by merciless police officers in pursuit of "evidence". If such people are not supported by society, they may succumb to intimidations, money and muscle power (remember Zahira Sheikh). And don’t wait till it happens to you. Remember, it’s not smart to see fire in your backyard and continue sleeping.
Justice Krishna Iyer observed about the 20th century: "The first half of our century made India free; the second half of it must make Indians free." But six decades later, the challenge still remains. It is painful to see the innocent Afzal Gurus wait in dark cells to be hanged and the Vanzaras of the era rock the streets, roaming in red-light cars, getting medals for killing innocent citizens. It is time we stood up for our community, our country, our democracy – or else Iqbal has said, "Tumhari Dastan Tak Bhi Na Hogi Dastanon Mein".
