The New Nation - Internet Edition

Mostafa Kamal Majumder

The Bangladesh Police has been seeking opinion of cross sections of the people on a 'Bangladesh Police Ordinance' draft. The aim is to update the 1861 Police Act introduced by the colonial British rulers that was enacted to suit their purposes by letting loose steam-rollers of oppression as and when needed to make sure that any threat of civic strife was nipped in the bud.

Another express purpose is to make the law governing the police services suited to the demands and requirements of a democratic country and its citizens by upholding their fundamental human rights, and to free the institution from undue influence of political parties in power.

Booklets on the rationale of framing a new law also mentions that the 147-year-old law had made the police only an instrument of coercion of the government, and so the present aim is to institutionalise the force while providing for checks and balances so that members of the force remain under strict administrative control.

The draft ordinance and small booklets on it, and the age-old law replacement of which has been aimed at, have been distributed among citizens at open house day functions of the police, and the opinions on those have been recorded. Copies of the main draft and booklets on the rationale of framing a new law have been circulated also with questionnaire to get feed-backs.

Needless to say the very initiative to take the people into confidence before going ahead with demand for enactment of the draft ordinance deserved accolade. Because the people, most of whom are good, want to see the police force comprising their children, brothers, cousins, nephews or grandchildren to be friends not oppressors. The police are also members of the society and definitely want to live with honour and dignity.

The booklets circulated at open house day programmes of police came under critical review for sounding like statements made at public meetings and most of the discourse being against undue political influence. Speakers pointed out at such meetings that the police should accept the reality of political parties and their influence if they want to be in a democratic set-up which is unthinkable without parties. What is needed is doing away with undue influence of even those who are not elected representatives, but only office- bearers of different units of the party in power.

Provision have been proposed for the constitution of a police commission which would oversee the activities of the police force. It would comprise four members of Parliament, four neutral competent persons to be chosen through a transparent method, the Inspector General of Police and the Home Minister who would be its chief.

One thing that might immediately come to one's mind is, whether this commission would be in conflict with the Parliamentary Standing Committee on the Ministry of Home Affairs. Would these two bodies create dyarchy and confusion instead of streamlining police administration?. Again, if non-elected members have a greater say in the proposed commission, would the minister in charge or the Cabinet that would be in power take responsibility for any failure?

The draft ordinance also provides for an authority to receive complaints against the Police. The proposal is to keep it - comprising competent persons having requisite experience - above the structure of the force. The question is, would this body come into conflict with the discipline wing of the Police. Here it is worth noting that the Constitution provides for the institution of Ombudsman to receive and hear complaints against the administration and give verdicts. Sweden, where this institution was born and flourished, has ombudsmen for various departments. The concerned quarters may think over the institution of a police ombudsman with similar functions. This might help remove the scope of conflicts and contradictions among organisations looking after the police.

The Ordinance draft also proposes the setting up within the force a Police Policy Group for research and brainstorming on different aspects of management of the force. The idea is good. Probably it would be even better if the said policy group comprises experts from outside the police force and is supported adequately to carry out its activities. Or if the Police considers it convenient to have its own research wing, another policy group should be promoted to function outside the force. This would create a think tank with an independent mental makeup and would prove very useful in the long run.

Finally, identification of the problem is called half its solution. We believe since the police has succeeded to identify the problems facing the force, it would also be able to help solve those.