Accountability in Bangladesh police

Dr. Forqan Uddin Ahmed :
For the British, the maintenance of their rule in India was the prime consideration. Crime control was only a secondary objective to be achieved through fear of the police. The Penal Code, Criminal Procedure Code and the Evidence Act put in place a legal framework and a police force equipped for the maintenance of British rule by force. The Penal Code prioritizes offences against the state and the maintenance of public order. It begins consideration of traditional crime only from Section 299 onwards. The Criminal Procedure Code begins with the “arrest of persons” and the “maintenance of public order and tranquility” before getting to grips with criminal procedure relating to investigation and trial. We have to remember that the Police Act of 1861, despite its preamble, prioritizes collection and communication of intelligence affecting the public peace. The prevention and detection of crime is included among the duties of the police only in section 23 of the Act. The Act further provides for punitive policing at the cost of local residents in the event of “disturbances” and for the appointment of private persons as special police officers.
The sub-continental police system, of which we are a part, has been examined from the perspective of crime prevention and public order management. The system was developed in the light of colonialism’s need to establish a relationship of control, coercion and surveillance over a subject population. A bureaucratic ideology was built to justify the imperial civilizing mission. The Colonial Irish Constabulary became the model for sub-continental police system. A considered view is that native politicians, who came to occupy positions of power, after the departure of the colonial power, were enamored by the administrative and police system left behind by the imperialists and enjoyed exercising power and authority, oblivious of their own demand for far-reaching administrative reform.
One needs to take a historical perspective to understand this. The fact is, Bangladesh had attained independence after a bloody independence struggle and then adopted a liberal, democratic constitution while retaining the colonial administrative, police and judicial structures, without recasting them to meet the demands of the changed situation. How can you promote liberalism with a colonial mindset?
As far as basic reform is concerned, it is still not too late to initiate action. Our politicians know very well that policing in Bangladesh has been by and large a one-sided affair, with the communities having little or no say in local policing plans and strategies that affect them most. Our politicians, including legislators, know very well that the Police Act of 1861, the key police law, is silent on the issue of community consultation. This law focused on the responsibility of communities to ensure order, and should any member steps out of line, the whole community would face vicarious punishment. The situation has not changed much. The politician’s mind has to appreciate that the Police Act, 1861 was principally aimed at administering a static, immobile and backward rural society living in villages and small towns. It envisaged exercise of authority without local accountability.
Political will is very important because it is at the level of government that law is established, and it is essential to evaluate this aspect when considering the subject of human rights and the police. The police are mandated to act in accordance with the law that establishes the conditions in which they operate. The police service should broadly reflect the society from which it comes. The service should be in touch with the public it polices. In Australia and Britain, statutory bodies have been established to oversee internal investigations of complaints against police. In those countries there exists a review board with non-police community representatives to make decisions on the disposition of the complaints. The society as a whole is deeply concerned with the standard of behaviour such as police integrity, the manner in which incidents are generally handled including the amount of force it finds acceptable and unacceptable in carrying out police duties and the interpersonal skills used by police in their dealings with the public. It has a right to have its voice heard, and the requirements of society with the regard to policing method and standard must be satisfied.
Is police only meant for crime prevention and law and order management?
Reforming and revitalizing Bangladesh police is a prime need of state. The traditional police must be changed. Political will can ensure the transparency and accountability in Bangladesh police. State will function better and controversy free if the police members are effective and efficient. Nowadays in many cases the activities of police have become questioned. People cannot depend on them. So a case of distrust and misunderstanding prevail side by side among the people and police members. This bad culture should not be continued. Police must be pro-active and pro-people. Dealings and behavioral attitude towards the people should be very cordial and people must have the easy access to police without fear and hesitation. Only the honesty and responsibility can enhance a congenial environment in society.
It is only possible when relationship between police and people gets a height of standard and ethics. In Bangladesh, police do many odd jobs, which are not meant for them. Police have their respective job field. They should not interrupt other people’s job. Police force have its own charter of duties. They cannot go out of track. If there is a need to inculcate or assign more duties on police, it must be done in proper way in the process of reformation. However, Political will may play a significant role for effective and modern policing which ultimately can help and promote achieving goals in future.

(The writer is former Deputy Director General, Bangladesh
Ansar & VDP).