Syllabus: GS IV – Public / Civil service values and Ethics in Public Administration: Status and Problems
In a democratic society, the police must be “low in authority and high in accountability.” Explain .
(15 marks, 250 words)
Police Ethics and Ethical Issues in Policing in India
Ethics pervades all facets of human life, but policing involves an additional layer of ethical decision-making not typically encountered in other professions. The role of the police inherently includes an ethical or moral dimension due to the power they wield over life and liberty.
Core Aspects of Police Ethics
- Fundamental Moral Values:
- According to Professor Seumas Miller, retired IPS officer Sankar Sen, IPS officer Prakash Mishra, and John Blacker in their book Ethical Issues in Policing in India, life and liberty are fundamental moral values upheld across human societies.
- Police routinely decide on actions such as arrests (deprivation of freedom) and, in extreme cases, decisions about taking life.
- Moral Decision-Making in Policing:
- Policemen must assess the goodness and badness of individuals before judging their actions.
- They must evaluate the motivations, intentions, and consequences of actions, ensuring their decisions align with prevailing laws.
- Emotional Intelligence:
- Police officers experience heightened emotions such as fear, anger, suspicion, excitement, and boredom.
- Effective policing requires emotional intelligence to respond appropriately to these feelings.
- Accountability and Human Rights:
- The National Human Rights Commission (1998) emphasized that in a democratic society, the police must be “low in authority and high in accountability.”
- Protecting human rights is a fundamental function of the police, aimed at safeguarding life, liberty, and property.
Ethical Challenges in Policing
- Good Ends vs. Problematic Means:
- Police methods often involve coercion and deception, creating moral conflicts between achieving good outcomes and using ethically questionable means.
- Practices such as the use of deadly force must adhere to the principles of necessity and proportionality.
- Politicisation of Police:
- The Padmanabhan Committee identified arbitrary transfers, lack of tenure policy, and political interference as root causes.
- Politicians frequently use transfers and suspensions to influence or punish police officers, leading to financial losses, family disruptions, and decreased morale.
- Impact on Police Morale:
- Arbitrary punitive measures weaken the chain of command, diminish morale, and undermine honest and competent officers.
- Denigration of the police hinders public understanding of the challenges faced by law enforcement.
Reforms and Recommendations
- Insulating Police from Politics:
- The Shah Commission of Inquiry recommended insulating the police from political interference and focusing on lawful duties.
- Model Police Act:
- A committee led by Soli Sorabjee submitted recommendations in 2006 to make the police efficient, people-friendly, and responsive.
- These recommendations aligned with the Supreme Court directives in the Prakash Singh case.
- National Police Commission Recommendations:
- Emphasized the urgent need to depoliticize the police and insulate them from external pressures.
- Called for the re-emphasis of the Supreme Court’s guidelines for police reform.
Way Forward
The urgent priority is to depoliticize the police and ensure their independence, as advocated by the National Police Commission and upheld in the Supreme Court’s Prakash Singh judgment. Implementing reforms will enable the police to serve as an effective, fair, and rights-respecting institution.
