Pakistan’s Police Reforms: Dire Straits

Dire Straits

For a vast majority of people in the country, the police represents the only connection with the state, and this had a direct bearing on the general welfare of citizens.

SHER ALI KHAN

During any dinner table conversation that doesn’t revolve around sports or politics, the topic of the police might come up. Along with the qualms about policing and the behaviour of policemen, there is no doubt a general agreement about the need for reform in the police. But before one can even think of reform, understanding the Pakistan police as an organization is imperative if a decision is to be made about what can be done to fix the system. In this regard, legislation has been passed, but any immediate change will take time.

Recently, the Human Rights Commission of Pakistan (HRCP)and the Commonwealth Human Rights Initiative (CHRI) hosted a joint launch of the booklet ‘Police organizations in Pakistan’ at the HRCP New Garden Town office to discuss and understand how to improve police organizations in Pakistan. The speakers at the event underscored the need to make the police a people-friendly institution that should be made accountable through legislative reforms. The booklet, which was authored by the famed human rights lawyer and journalist Asad Jamal, was seen as an important piece of information that could create awareness about police organizations in Pakistan. The collaboration with an Indian NGO signified the similarities between the two countries’ police systems. Further, both organizations expressed a deep interest in the area of police reform. The wide array of speakers, ranging from NGOs to the police, meant that the discussion carried the tenor of a debate rather than a typical book launch.

Speaking on the occasion, Asad Jamal commented that the book provided vital information for the general public. It described the Frontier Constabulary (FC), and threw light on the structure of the police force and constitutional and legal status. However, he found that the police did not welcome this project.

In understanding what the police signify to the general public, the HRCP Director General I.A. Rehman, who is a distinguished journalist in his own right, explained that for a vast majority of people in the country, the police represents the only connection with the state, and this had a direct bearing on the general welfare of citizens.

Further, he explained that the British rulers of India had drafted a Police Act in 1861 and had also given the Subcontinent a penal code. The act addressed the needs of the people during certain periods of time. It was a good act but could not be used indefinitely. There is a dire need to reform the police at this point in time.

The history of attempts at police reform has been complicated for both countries. For instance, in India the recommendations of the National Police Commission in 1977 to insulate the police from outside interests were ignored. In Pakistan, in 2001 the drafted Police Ordinance was intended to create an independently controlled and people-friendly police force. Immediately after this alterations took place, through the Police Act of 2002 and then the Police Order Ordinance of 2004. In this regard, analysts and scholars have generally felt the 2001 Ordinance should be a blue print for police reforms.

The similarities between Pakistan and India’s police organizations are what led the HRCP to collaborate with the CHRI in writing the booklet. Also present on the occasion, Ms Navaz Kotwal explained, that her organization had been working to further police reforms in India but found that policemen lacked the will and determination to undertake necessary measures. Elaborating on the point, she explained that a two tier effort was necessary for change. Her organization was working for policy reform and also creating public awareness on the matter in India and now in Pakistan. To provide awareness, last year the CHRI had released a booklet regarding the Indian police structure. After its success, the organization decided to publish a booklet in Pakistan as well. She said, “I hope that the booklet will break the shroud of secrecy about the police”.

The criticism regarding the 1863 Police Act stems from Section 3 of the document, which gives power to the government to exercise superintendence over the police. The lack of definition regarding the amount of authority that government carries, opens the door to misuse. This means that generally speaking, there are minimal rules in restricting the governments misuse of the police for vested interests.

In this regard, the Police Reform Act of 2002 vests the interests of authority again in the power of the government, but it also provides specifications into how much power the government has. The Act says, “shall be so exercised as to ensure that police performs its duties efficiently and strictly in accordance with law.” By defining words such as ‘superintendence’, the Act also specifies the role of the government and emphasizes that it insure the autonomy of the police. Rehman commented that despite this, the Police Order of 2002 had shortcomings “because it was not debated sufficiently and therefore did not include the collective wisdom of the people.”

Further, due to the general public perception regarding police organizations, two officers of great repute addressed various misconceptions regarding police reforms. Naturally the subject riled various people in the audience, but nonetheless the officers offered candid opinions regarding the issues facing policing in Pakistan. The Additional IGP Training Sarmad Saeed, who comes across as an interesting person, specifies on his website that he is a human being first and a police officer second. As a punch line, his website reads, “I am striving to gather together like-minded police officers.”

Saeed asserted that under the law people and the police were both responsible for maintaining law and order. He said that the state had failed in asserting its objectives of policing. His opinion was that the country was facing the consequences of dissociating people from the police. Further, he explained that the basic duty of the police was to protect the life and property of the people. His opinion was that crime was a social disease, stressing that good police officers needed to be good human beings.

The Additional IGP reiterated that the police had gone through several structural changes, but challenges of militancy and terrorism had made matters difficult. In his opinion the booklet would serve as a guideline to finding solutions.

Much debate has arisen as to how effective public awareness initiatives have been in Pakistan. The HRCP, unlike other organizations, has created positive attitudes through its human rights organization. The overall significance, of the organization has been its ability to compile data about the general public regarding various issues.

This event provided a stepping stone towards change. The plethora of like-minded people from the police, civil society and the NGO’s demonstrated the possibility of an improvement on the issue.

Sher Ali Khan is a regular contributor at TFT