The Modern Age of Dystopia and the Role of Policing
The modern age of dystopia often feels weird and dysphoric, where no one knows what is happening. The institution meant to protect us acts like nothing but an institution of violence. In 7th BC Rome, there were guards of the king meant to act for the king and do all the dirty work required for the king, called “Urbanes” or “night watchers,” and this is one of our first understandings of police. Police, however, with changes in thought, ideas, and time, would change from institutions that enforced the violence and will of the king or crown to the prevention of crime and much more.
Evolution of Policing: From Europe to India
As Europe soared with the ideas of liberalism, equality, revolution, and whatnot, so did the idea of police and other allied institutions. In India, the idea of police was first brought by the Britishers and regulated under their Police Act of 1861, which was in use till a decade or two ago, is still used or read even if partially, and such can be held true even by the measure of today. The police of independent and democratic India feel much the same as in British times. We might have got democracy, but we still are, what I say is, the reminiscence of British times.
Historical Overview of Policing
| Period | Key Development |
|---|---|
| 7th BC Rome | Urbanes, or night watchers, served the king and enforced royal authority. |
| Europe’s Liberal Era | Policing gradually evolved towards crime prevention and public order. |
| British India | Police administration was regulated under the Police Act of 1861. |
| Independent India | The police structure continues to reflect several colonial characteristics. |
Police in a Modern Democratic State
A state or nation, whatever you call this, that holds itself in the view of Vishwaguru or the largest democracy, a nation that has transitioned into a service state, must have a clear view of the working police, not as an instrument or enforcer of violence of the state but rather as an institution that upholds the security, life, and liberty of its people, even if against the state itself. The prima facie duty is to be just and fair rather than violent.
What truly remains of violence induced by police is often major distrust, and it is in itself a violation of constitutional machinery. The public fears the police, then they hate them, and then they disobey them; this is how the cycle goes. The inevitability of trust failure will often lead to violence from either side. Police, by their very nature, must be for the people rather than the state, an institution to protect them rather than coerce them.
Core Principles of Democratic Policing
- Protect the security, life, and liberty of the people.
- Act justly and fairly as a prima facie duty.
- Serve the people rather than function merely as an instrument of the state.
- Promote public trust instead of fear and coercion.
- Respect constitutional values and natural justice.
Peaceful Protest and Constitutional Rights
In regard to the recent case, which is a serious violation of rights held dear and enforceable by people and of numerous humanitarian aspects of life and liberty, protest in a democracy must be appreciated and accepted not just as dissent but also as a celebration and festival of democracy and must be welcomed.
Any crackdown by police on peaceful protesters, and even the preparation for such, is beyond unconstitutional and carried out with disregard for natural justice.
Prima Facie Violation of the D.K. Basu Guidelines
What is really amazing is that no judicial servant has taken any suo motu action on such a matter, as if everything that happened there is not a prima facie violation of the D.K. Basu guidelines, which are
D.K. Basu Guidelines
- The police officer who arrests a person should bear proper name tags and designations so that they can be easily identified. The particulars of the officers who will interrogate must be recorded in a register.
- An arrest memo should be prepared by the police officer carrying out the arrest. The memo shall also be attested by at least one witness, including either a family member or a respectable person of the society from where the arrest is made.
- The person arrested will have the right to inform any of his close friends or relatives about his arrest as early as possible.
- Every detail regarding the arrest, like the time, place of arrest, and venue of custody of the arrestee, must be notified by the police. Where the next friend or relative of the arrestee lives outside the district or town, they should also be informed within a period of 8 to 12 hours after the arrest through the legal aid organization in the district and the police station of the area concerned, telegraphically.
- An entry must be made in the diary at the place of detention regarding the arrest of the person, as well as the particulars of the friend or relative who has the information about the arrest. The police officers under whose custody the arrestee is shall also be mentioned.
- On request, an examination can be conducted on the arrestee, and every detail regarding any major or minor injury on the body of the arrestee shall be recorded. The inspection memo must be signed by both the arrestee and the police officer effecting the arrest, and its copy must be provided to the arrestee.
- Within 48 hours of detention, a medical examination should be performed on the arrestee by a trained doctor. The medical examination can also be performed by a doctor appointed by the Director of Health Services of the concerned state.
- The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.
- A police control room should be set up at all district and state headquarters so as to collect information regarding the arrest and place of custody of the arrestee. The information shall be communicated by the officer causing the arrest within 12 hours of effecting the arrest, and it should be displayed conspicuously on the notice board of the police control room.
Summary Table of the D.K. Basu Guidelines
| Guideline | Requirement |
|---|---|
| Identification of Police Officers | Officers must wear name tags and record details of interrogating officers. |
| Arrest Memo | Must be prepared and attested by an independent witness or family member. |
| Informing Relatives | Arrestee has the right to inform a friend or relative immediately. |
| Communication of Arrest Details | Police must notify the time, place, and custody details of the arrest. |
| Diary Entry | The detention diary must record arrest details and informed relatives. |
| Inspection Memo | All injuries must be recorded and acknowledged by both parties. |
| Medical Examination | Medical examination must be conducted within 48 hours. |
| Right to Legal Counsel | Arrestee may meet a lawyer during interrogation. |
| Police Control Room | Arrest information must be communicated and publicly displayed. |
Major Guideline Allegedly Violated
The major one that was severely violated was the first guideline: policemen were without name tags, and some were even without uniforms. The working of modern India is colonial, if not worse, and alike a fascist deep state.
Key Takeaways
- The concept of policing has evolved from enforcing royal authority to preventing crime and protecting society.
- India’s policing framework continues to reflect elements of the colonial Police Act of 1861.
- In a democratic nation, police should safeguard constitutional rights, life, and liberty.
- Public trust is essential for effective policing and constitutional governance.
- Peaceful protest is portrayed as an integral part of democracy and should be respected.
Important Links
Important Links:
- Lawyers in India
- Copyright Registration in India
- Caveat Filing in Supreme Court of India
- Mutual Consent Divorce in Delhi/ Delhi/ NCR:NCR: WhatsApp 9650499965
