Philosophy of policing

 

One of the major challenges before police leadership is about how to correct the unethical behaviour and action of police. Most of the time it is found that the strategies being made at the top is not being translated at the edge level. The edge level in policing is the constabulary and non-gazetted officers, who largely interact with the common citizens. It is their action and conduct which the common masses face and make opinion upon. Bringing these ranks in tune with the strategies being made at the apex level is very critical and of utmost priority. However, despite serious efforts being made the results are far from being satisfactory. Almost all the complaints of police misbehaviour and misconduct are at this level.

Now the question arises that despite knowing the root of the problem, why have we not been able to overcome it? Lots of deliberation has been done over it. Attempts like training programmes, counselling sessions, welfare measures, disciplinary actions etc. have been undertaken, but the desirable change is yet to be seen. So, the challenge is how to bring a lasting change in their behaviour and action? This is only possible when such changes are internalised. Such behaviour should come out naturally rather than out of some fear or compulsion. One way to achieve this desirable change would be by changing the way we perceive our role and by being aware of the role expectation. This requires change in the thought process. Without it there would be some cosmetic change which will not serve the purpose. It is important as only right thinking can ensure right behaviour and right action. However, the challenge is how to train one’s thought process. Several modules of training have been adopted but the desired result is far from being achieved.

Another challenge in policing is at the leadership level. Leaders, be it at the police station level or at the top-most level face the challenge of taking the right decision. Handling any situation in police is a complex issue. Every situation is a result of multiple factors and there can be no uniform way of handling it. Many a times, handling such situation would need a policy of wait and watch, whereas on certain occasion use of force would be warranted. Similar decisions may lead to contrasting results in different situations. There may be an incident where such decision would have effectively controlled a law and order situation, but on another incident the same decision would have aggravated the problem. Thus, taking right decision for the leader in police is a complex and uncertain process. It may result in controlling a situation or at times may even aggravate a situation. It becomes even more vital as the issues of life and liberty of people are involved. One should also not forget that many a times such decisions are subjected to intense post-facto scrutiny by various agencies and commissions. As a result, the police leadership has to undergo severe stress while taking such decisions. Therefore, one of the most vital aspect of policing is to take correct decision so that right action can be undertaken. This can only be achieved when we ask right question and get the right answer.

“Asking the right question, giving right answer, making right decision and taking right action” is a difficult proposition considering the fact that the human behaviour is always variable. Many times, one is confronted with a situation where one has to weigh in different options before taking a decision. So, decision making in police cannot be a mechanical process constituting different strategies to control crime and maintain law and order. It requires not only deep understanding of the human psychology but also proper appreciation of the philosophy of policing. Philosophy of policing can be defined as a set of basic premises which determine the thought, behaviour and action of a policeman. The philosophy of policing also makes one understand the purpose behind this service. It explains one’s role in this large and structured organisation which is regulated by established hierarchy as well as command and control. It also helps in better understanding of the legal provisions and better appreciation of the intention behind any order or instruction issued. It clarifies what is to be expected from the subordinates and what are the superiors’ expectations from him. This underlines the importance of appreciating the philosophy of policing for every policeman to fulfil one’s role expectation and render the true service that he has been recruited for.

 

What constitutes Philosophy of Policing?

Policing is a multi-faceted task. A policeman has to perform different roles. Each role requires different set of skills. The task to be performed as an investigator is starkly different from the task to be performed during a VIP security arrangement. Similarly, to handle a law and order scenario the skills required are quite different from the skills required for prevention of crime. However, for all the different roles being performed by a policeman there are certain values and principles which are common. These values and principles define the ethos of policing. A policeman can not only perform his role in a better manner but also appreciate his role in much better fashion if these ethos are clear to him. An attempt has been made to identify those ethos so that the Philosophy of Policing can be understood in the right perspective.

It’s a service, we serve citizens and society

The most important ethos which determines the philosophy of policing is that it is a ‘service’. It is a service to the nation in general and the citizens in particular. It is not like any other job with fixed duty hours and well defined roles. Being a service, it demands certain commitments which are not expected in any other job. On a call of duty, a policeman is expected to even risk his life. This he does for achieving the larger goal of securing the society. This also explains the immense expectation that the society has from the police. Most of the comforts that one enjoys in other jobs are not meant for this service.

Police is responsible to all the sources from which it gets authority

Police is responsible for prevention and detection of crime and maintenance of law and order. For this, police gets authority from the law, executive and legislative superiors, the community and the police profession itself. One should always keep it in mind that one is ultimately responsible for each of these sources of authority. The tendency to submit to any one source of authority, especially the executive and legislative superiors, should be avoided as it goes against the philosophy of policing. A policeman is answerable to all the above mentioned sources of authority for his action, be it the law or the executive and legislative head or the community or his profession.

Law enforcement is a means to serve society and not an end in itself

Excesses committed by the police force during enforcement is a major area of concern for the police leadership. Almost every day the print and electronic media as well as the social media display with prominence the excesses done by the police. This problem is mainly because we fail to appreciate the objectives of policing. The objective of policing is to protect life, property and maintain order. The law enforcement is a means to achieve this. Most of the time, police is subjected to criticism mainly because they mistake law enforcement as an end in itself rather than being a means.

Use of force is justified only when it’s to achieve legitimate objectives.

Police being the enforcement arm of the state is mandated with the use of force. However, police must be willing and capable of employing force when justified to achieve legitimate objectives. Since, most of the times police is handling the citizens of the country and not enemy, use of force should always be the last resort. It should always be borne on minds of the policemen that the rights and freedom of these citizens are protected by the same law which empowers police to use force. The police should always strive to develop non- violent and ethical method of gaining cooperation.

Police has a special responsibility to take care of those who are farthest from power

Due to the nature of job, police is unavoidably associated with those in power. Yet they should not forget that they have a special responsibility to take care of those farthest from the power. The majority of population has nothing to do with power. However, unless they are properly taken care of by the policeman, his acceptability in the society will be minimal which is against the ethos of policing.

Police should maintain highest level of honesty and integrity

The police symbolise the visible presence of the state in civil society. The law enforcement agencies are generally the first authority to interact with an outsider. Their conduct and behaviour reflect on the general work culture of the state. In addition to it, because of their smart outfit and nature of job, they are ‘role models’ for many. This underlines the importance of maintaining highest level of honesty and integrity for a policeman. Because of their distinct appearance in uniform any act of misconduct is highly visible and subject to large scale adverse publicity in mass media and social media. Such happening leads to large scale ridicule by the public and reflects poorly on the state.

Principles of Sir Robert Peel

In this context, the nine principles laid down by Sir Robert Peel, the father of Modern Policing, in nineteenth century are still very apt and relevant. These principles define the essence of modern policing. These nine principles, as listed by former New York Police Department Commissioner William J Bretton, are as follows: -

Principle 1- The basic mission for which the police exist is to prevent crime and disorder.

Principle 2- The ability of the police to perform their duties is dependent upon public approval of police actions.

Principle 3- Police must secure the willing cooperation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public.

Principle 4- The degree of cooperation with the public that can be secured diminishes proportionately to the necessity of the use of the force.

Principle 5- Police seek and preserve public favour not by cutting to the public opinion but by constantly demonstrating absolute impartial service to the law.

Principle 6- Police use physical force to the extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice and warning is found to be insufficient.

Principle 7- Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being the only members of the public who are paid to give full time attention to duties which are incumbent on every citizen in the interest of community welfare and existence.

Principle 8- Police should always direct their action strictly towards their functions and never appear to usurp the powers of the judiciary.

Principle 9- The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it.

The profession of policing is a continuously evolving process. New challenges emerge and many of the old challenges continue to stay. In India, even the objectives of policing changed from the British colonial period to the post-independence era. The policing in the British colonial period was designed to serve the interests of the British Empire. Predominantly the stress was on maintaining order in the society at any cost so that the exploitation of the resources could continue unhindered. After independence, the focus shifted to serving a democratic nation where police is responsible for protecting the rights and freedom of its citizens. Unfortunately, this shift from serving colonial interests at any cost to instilling a sense of security among the citizens of the country has not been up to the desired level. The scope for improvement is manifold. In order to live up to the expectations, there is a need to have a very clear appreciation of the philosophy of policing not only at the level of police leadership but also at the cutting-edge level. (Views and opinions expressed are personal.)