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LATEST NEWS UPDATES | To become a just society, strike a balance between firm and fair law enforcement -Vipul Mudgal

To become a just society, strike a balance between firm and fair law enforcement -Vipul Mudgal

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published Published on Aug 28, 2019   modified Modified on Aug 28, 2019
-Hindustan Times

A study shows glaring gaps in Indian policing — from unfilled quotas of SC/STs to a dip in women officers.

The rule of law has two extremes: a failed State and a police State. A failed State loses control over law and order as its monopoly slips over the use of physical force. The latter commands complete control, but ends up abusing State machinery for repression. Both extremes suffer from a deficit of legitimacy.

A just society must strike a balance between firm and fair enforcement of the law. The police have to control crime, uphold the law and maintain harmony. But how do we know if the criminal justice system is fair and effective? Do we have access to accurate diagnostics to check if things are improving or flagging?

Most advanced democracies carry out satisfaction surveys to capture citizens’ perceptions of police performance, competence and behaviour. It is routine in the Western world to carry out large surveys on citizens’ trust in the justice system. The New York-based Vera Institute of Justice has been using citizens’ feedback since 1961 to make sense of what is and what ought to be.

Another important study, the World Justice Report, measures the rule of law across 126 countries. It uses data and surveys to measure the perceptions and experiences of citizens on multiple parameters. Sadly, India has slipped three points below its performance last year amid a global decline in the rule of law. Rising incidents of mob lynching and fake police encounters may have played a role in this decline.

But within India, we need more research to measure the State’s performance on the rule of law. We must first acknowledge that a prosperous and democratic nation cannot be built on an obsolete criminal justice system. The police forces are meant to serve the people, not parties or politicians in power. The next step is to professionalise the force and make it responsive and accountable.

It was with these objectives that the Status of Policing in India Report (SPIR) was conceived as a tool to monitor the impact of policing on the ground by Common Cause and its academic partners, the Lokniti programme of the Centre for the Study of Developing Societies. SPIR 2018 surveyed 20,000 respondents in 22 states on citizens’ trust levels, discrimination, police excesses, infrastructure, diversity, state of prisons and disposal of cases. SPIR 2019 (launching today) builds on these findings.

SPIR 2019 surveys around 12,000 police personnel inside police stations in 21 states and around 11,000 of their family members. It studies the working conditions of police personnel, their attitudes and infrastructure, crime investigation, diversity, people-police contact and police violence.

Please click here to read more.

Hindustan Times, 27 August, 2019, https://www.hindustantimes.com/analysis/to-become-a-just-society-strike-a-balance-between-firm-and-fair-law-enforcement/story-6Ki8k8WBmRtFVV4JvTH89K.html?fbclid=IwAR3


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