Problems of Police in Bangladesh

Introduction Police, agency of a community or government that is responsible for maintaining public order and preventing and detecting crime. It is one of the important agencies within the State territory to maintain peace and security and uphold the internal sovereignty Your Paper Will Be Finished Handily! – click here to investigate http://couponcodesr.us/author/jessica-d-winkle  . It is also an important branch of criminal justice with other organs such as courts, prisons, corrections etc. The basic police mission—preserving order by enforcing rules of conduct or laws—was the same in ancient societies as it is in sophisticated urban environments.

Crime Detection, discovery, identification, and analysis of criminal evidence are also means of law enforcement. The responsibility of law enforcement agencies is to detect crimes, apprehend the perpetrators, and provide evidence that will convince judges and juries that the perpetrators are guilty beyond a reasonable doubt. To accomplish these aims a variety of methods are used, including reconstructing the crime, collecting physical clues, and interrogating suspects and witnesses. Problems of police: Identifying the causes and findings suggestions to resolve problems

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Bangladesh has been experiencing unstable political climate since its independence. The political instability has often resulted imposition of emergency and declaration of military law undermining the legal regime of personal liberty. The impact of such political regime on the police system has been clearly reflected in maintaining the law and order situation of Bangladesh. The criminal justice system of most Asian countries still demonstrate the colonial heritage because many of these countries including India, Pakistan and Bangladesh have been under colonial administration during the past few centuries.

Police institution as an important criminal justice agency remains as a major problem in Bangladesh. In this assignment I have tried to find out the problems of police from various sources in our country under following heads: In Bangladesh police institutions are not autonomous instead the State exercise strong control over police agencies. As a consequence many policies and decisions regarding police are instigated for political purpose. Evidence suggest that politicians even influence preparation of charge sheets and final reports as a result fall out rate of rrest is high. Most importantly the investigation of sensational cases have been redirected according to the will of ruling party. It may be noted that after assuming the State power the successive government brought major changes in different tires of the police administration including the appointment of new police chiefs. for example, during the tenure or B. N. P. Government [October 2001-October 2006] a total of 65 senior of them six Additional IGP, nineteen D. I. G, and four Additional D. I. G. nd 950 lower ranking police officers were sent to forced retirement while 796members of the police force were dismissed during the same period on political ground. The extent of politicization has also been reflected in appointment, promotion, posting and academic training of the police officers. Bangladesh police follow the British police system of the colonial era with some minor modifications. During the British rule the police were a repressive institution and their main purpose was to serve the ruling class.

The Police Act 1861 governs the police administration while operational aspects are guided by the Police Regulation of Bengal 1943 also the home ministry has power to issue administrative regulation on personal and police operation. Police works with the help of Penal Code 1860 and Code of Criminal Procedure 1898 which give police extensive power to oppress the public. There are 599 police stations in our country where about 123000 police are working to keep law and order situation. [Report police head quarter 2008].

In the fact of rising crime problem specially the organized crime, the government has created a specialized unit of police force called Rapid Action Battalion [RAB] in June 2004 based on the Arm Police Battalions Act 2003. it is a composite force drawing its person from the police, paramilitary forces and the various branches of the arm forces. Presently 12 battalions of RAB are working throughout the country. Compare to the police RAB members are well trained well paid and well equipped.

Despite wide public acceptance their involvement in extra-judicial killings popularly known as cross fire has generated wide controversy among the politicians, members of civil society groups and human rights activists at home and abroad. The U. S. A. based human rights watch report that over the past four years RAB members have killed more than 540 people as of June 2008. The use of police officer as prosecutor is one of the important feature of our police functions under S. 492-495 of Code Of Criminal Procedure. The government assigns police to conduct the prosecution in the Magistrate Courts.

They deal with about %70 of all cases in the country. Usually a police officer at the rank of sub-inspector deals with the prosecution of cases before the court. The officers do not have any law degree or adequate training in prosecution interviews. Police officers suggest that since police investigations the cases so they can plead the cases better than the regular prosecutor to prove charges against the accused. The most common preliminary step in seeking justice in Bangladesh is to lodge a complaint with a police station or magistrate court within the jurisdiction where the offence allegedly occurred.

Complaint lodged with police station is known as First Information report [F. I. R. ] or G. R. CASES or cases on the government registrar. Lodging complaint with police station is difficult for poor and political will especially if the complainants relate to wealthy and politically connected persons. In such cases the other option is to lodge a complaint directly before a magistrate court, such cases are identified as C. R. cases. In either type of cases police investigate, collect evidence and take necessary steps. It has been argued that successful prosecution of criminal cases requires a thorough and professional police investigation.

Study on the effectiveness of police criminal investigation found a high fall out rate between 2002-2006 the average conviction rate for the police submitted charge sheets were about %34, the study also reported the political influence in police investigation work and improper role of the public prosecution for personal benefit or some other reasons are responsible for largely low conviction rate. The witness of the investigation can be best understood from a recent statement made by police chief I. G. P. Police investigation have never been conducted strongly. It is not being so right now and we never be it is obvious.

He also pointed out that police submit charge sheets in about %50 to %60 of the cases while the rest end up in final reports closing the inquiry without trial. On 31 December 2007 an online news agency BD News24. com of Bangladesh published a report with the title ‘DMP commissioner blames failure of police on political pressure’. The report said unwarranted influence and pressure from outside, jeopardized the freedom of the police administration. The report further said that the main cause of harassment by police is the decades-old irregularity and absence of rules for which the police is not responsible.

The report stated that these observations were made by Mr. Naim Ahmed, Commissioner of the Dhaka Metropolitan Police (DMP). The Commissioner made the above remarks in his speech in a workshop organized on police reforms. The workshop and training program, which aimed at motivating the police to be people-friendly, started on Monday 31 December 2007. About 2,000 DMP officers ranging from superintendent to constable attended the workshop. In his speech, the Commissioner also remarked that the police failed to discharge their responsibility properly due to the pressure from politicians and sometimes even from within the department.

In the keynote address, the officer also observed that one of the main causes of public harassment by the police is due to the appointment of inefficient persons as police officers. The Commissioner further admitted that professional inefficiency and lack of knowledge within the police department made things worse and that the police sometimes arrest people without reason, and they intimidate innocent persons with arrest and abuse of law, particularly Section 54 of the Code of Criminal Procedure 1898 and the DMP Ordinance 1976.

While appreciating the confessions of the ‘top cop’ as a first sign of correction of errors, the Asian Human Rights Commission (AHRC) is of the opinion that public confession alone will not improve the situation of policing in Bangladesh. Jurists, bureaucrats, policymakers and human rights defenders must sit together with a view to discuss these real problems of policing in the country. A number of questions emerge from the admissions made by the DMP Commissioner: Who are those involved in recruiting the inefficient and unqualified candidates to the service?

What procedure is available to adjudicate the quality of recruitment as well as to monitor the process of recruitment in the police department? Who is responsible for overburdening the department with such unqualified persons? Subsequent to the recruitment, are there any credible and continuous training program to enable the officers develop their skill and to increase their efficiency? Are there any independent and credible mechanisms for taking disciplinary actions against erring officers? Are there any available mechanisms for monitoring their performance and making the police accountable?

If the answer to all these questions is an emphatic ‘no’, then lamenting about the problems alone will not help. These questions are not exclusively limited to the police force, but equally applicable to all law enforcement agencies in the country. As of now in Bangladesh, a uniformed officer is often conceived as an expendable pawn by those in authority and power and a burden and menace to the common man. Yet another grievance heard quite often within the police force is about unwarranted pressure from outside, meaning the politicians of the country.

This is often viewed as a cancer affecting the autonomy of the force. Everyone in Bangladesh is aware that political influence tarnishes the image of the police and also hinders their work. Whatever professionalism is left within the force is thrown out of the window the moment an external element like a politician throws his or her weight upon the force. Such interferences are not limited to some high profile cases, but are expected even for petty disputes which would not even qualify for a police action in other jurisdictions.

As of today, the police force in Bangladesh does not know how to deal with this unwarranted interference, but rather enjoys it as an additional means for corruption. The morality of the Bangladesh police is probably the lowest in the region. The problem is in the mindset of the police force and the policy makers. While the police force consents to exploitation by the authorities, particularly the politicians, the politicians conceive the state police as tool for exerting undue pressure.

In this process the police resort to violence against the people like torture or extrajudicial execution. Currently, there is a program sponsored by the UNDP to reform the police force in Bangladesh. The Ministry of Home Affairs, for better of worse, is now proposing a bill to address the problems in policing in Bangladesh. The AHRC is of the opinion that now that there is a window of opportunity, all concerned persons in Bangladesh must make use of the occasion to discuss and debate about the decades-long problems in policing in the country. Such an opportunity does not come very often.

This discourse should engage the UNDP in understanding the convictions of the ordinary people about their police. Model police stations and standard best practices are only good on paper. To improve the situation of policing in Bangladesh, the primary requisite is to find ways to improve the confidence of the ordinary persons concerning their police. At the end of the day, the Bangladeshi police are for the Bangladeshis. There is no way out but discarding practices of abuse of power, and replacing them with trustworthy professionalism in the service of citizens.

Our honorable course teacher, Sheikh Hafizur Rahman Karzon, Associate Professor, Department of Law has identify some problem of police of Bangladesh and suggested some recommendations to overcome those problems entitled: Bangladesh Police: Existing Problems and Some reform Proposals published in Daily Star, on 10th May 2007 which have been discussed below: In common parlance cops and robbers are a conceptual couple -cops always to chase This was not the case until relatively recently. Criminology has shed light, for most of it the robbers and miscreants; cops and other components of criminal justice system were jurisdiction.

The “classical school” was concerned with the establishment of a reasonabl criminal justice system. In the late eighteenth and early nineteenth centuries “science flourished as a branch of political economy. This branch took into consideration the prob and disorder and considered how to develop appropriate policies to prevent and control this sense is much broader and is used to mean a whole system of governing a society social, political and cultural policy. The police in our contemporary sense are seen as a s the whole of domestic government and an important agency of criminal justice system.

Here I want to focus the problems of Bangladesh Police and how to come out of the situ law and order situation presupposes the establishment of a professional police force. An should be created where police will serve the purpose of the people. Their prime concern control and maintenance of social order. Recently people are more conscious than ever about the role of police in ensuring law a number of former police officials, columnists, advocates, judges and human rights activ putting their valuable views in different newspapers about the problems of police and se their recommendations to reform the police.

This positive trend, I hope, will usher in a p shall get a professional and institutional police. Police of the Indian sub-continent took institutional shape after the mutiny of 1857. They were bewildered at the widespread mutiny all over India. After controlling the mutiny they reorganized the police of Indian sub-continent and appointed a Police Commission in 1860 accordance with the recommendations of the Police Commission the Police Act, 1861 was organization of police was established according to the provisions of this Act, which regulated the police functions still today in Bangladesh.

Immediately after establishing the police, British rulers realized that they had created a Frankenstein. Later through successive enquiries they found police incompetent, high-handed and corrupt. In 1902 the Fraser Commission clearly to police system established by the British rulers had completely failed. It recorded that, “They went, the Commission heard the most bitter complaints against the corruption of police. These complaints were not made by non-officials only, but also officials of all classes.

Magistrates and police officers, both European and native. ” The structure, within which the police of Bangladesh are working, was established by the rulers. At that time police was low salaried, little educated, corrupt and they had no accommodation. At the end of nineteenth century, movement against British government became widespread, readymade force, police, at their disposal to suppress the rightful movement of this sub-continent. After the emergence of Bangladesh, government kept the previous structure of police.

S initiatives were taken to reform it, but no government implemented the reform proposal incumbents did not do anything for establishing a professional police force in this country government machinery is well aware of the corruption, manipulation, illegal arrest, torture, malpractices of police. In spite of that they are working with this deviated force. It has usual practice that opposition parties criticizes the activities of police, but when they go in power defend the same police force and utilize the force for narrow party purpose as usual. Firstly, Police force in Bangladesh is beset with many problems.

First, the structure of police was created by the British rulers and the laws regulating the activities of the police were enacted by ruling elite. Both the structure and laws require extensive review. Our police is governed by Police Act, 1861, principal purpose of which was to maintain the status quo. The Act put emphasis on maintenance of order. Rather than focusing on the professional aspect of the Act over emphasizes the constabulary functions of the police. We require a new Police will focus on professional aspect of crime control and clearly define police role and responsibilities.

New Act needs to ensure police professionalism, accountability and modern police man, proper functioning of which seeks to improve human security and access to justice. It s the basis for establishing police as a public-friendly service-oriented organization, which monitored by police-public consultative committees. Secondly, the police of lower echelon constitute majority of police force. But they, particularly Constables, Nayeks and low ranking police officers, do not possess substantial education intellectual attainments. Their treatment and exposure to the general people is very arrogant and frightening.

Thirdly, because of lack of proper training and motivation, police do not know that they are the servants of the Republic which requires its people to be served properly. Members of police force are busy with serving the government officers and party in power, rather than acting in a service-delivery system. Proper training will make them aware about their role of establishing rule of law. As members of an important agency of state and criminal justice system, they are under lawful compulsion to provide proper service to all types of people of the society. Fourthly, salary given to the police officers and constables is insufficient.

Police officers and constables work 13-18 hours a day, which is almost double than the working hours of the government employees of professions. On an average officer in charge of a metropolitan police station works officer in charge of district and thana level works 15 hours. In all the police stations Sub Assistant Sub-Inspectors and constables work 13-16 hours a day. But their salary is not their serving 13-18 hours a day, as professional service requires sufficient monetary salary structure of police is like that of other government employees, they do not get an remuneration for extra work. Working Paper on Police Stations, Transparency International Bangladesh, March 4, 2004. ) Fifthly, police is always confronted with the problem of inadequate logistic support. On an police staff sit in each room of a police station. In most of the police stations there is no conference or meeting. Police stations of districts and thanas have no prison van, metro stations though have prison vans, but those are old and obsolete. Malkhanas of metropolitan district police stations are narrow and unhygienic, while police stations of thanas have no toilet facilities of police stations are insufficient.

Police require sufficient number of arresting criminals, but most of the police stations do not have sufficient number of cars and available cars are old. The police stations are not provided with necessary furniture. Police needs to be equipped with modern and light arms for expected crime control, but 45. 5 percent arms in the metropolis stations are Chinese shot guns, 78. 6 percent arms in the police stations of districts are three knot three rifles, in thana police stations this is 95. 5 percent. Criminals are using modern Chinese rifle, AK-47 rifle, SMG, LMG etc. whereas our police is equipped with such weapons are difficult to carry and maneuver. Sixthly, police is the only state agency to investigate criminal cases, the outcome of which charge-sheet for the prosecution or final report for release of the accused. This reality p an advantageous situation which they can manipulate and they do it extensively for the gain. There is no authority to monitor the investigating activities of police. In the absence supervising authority police officers easily include or delete names from the charge-she final report where charge-sheet should be given, or vice versa.

Seventhly, police officers do not get sufficient time for controlling crime and investigating cases. On an average every Sub-Inspector of district police stations has to investigate 7 month, and Sub-Inspector of thana police stations four cases. They do these investigation addition to other duties, hence police officers remain reluctant to take up new cases. Me police spend 40. 6 percent time of a month for maintaining law and order, 32. 7 percent the security of VIPs, and 18. 4 percent for works relating to criminal cases. Police officer and thanas take half of the time of a month for securing the VIPs. Ibid. ) Eighthly, government uses the police as branch of its political organization and suppress rightful activities of opposition political parties. Extensive political use of police force hindering development of professionalism, as a result less qualified and dishonest police officers a important positions, and the people remain deprived of the service of honest and sincere officers. Because of excessive political use, police has no chain of command. Ninthly, police organization of Bangladesh suffers from insufficient accountability, both internal external.

Internal accountability can enhance competence, and prevent corruption and external accountability can ensure people-oriented service. Law prescribes the mode and manner in which police officers will dispose of their duties, but there is insufficient departmental mechanism or neutral body of the state to scrutinize whether the police officers are doing their duties creates widespread human sufferings, and violation of citizens’ rights. Brutality and corruption are not the recent phenomenon of the police force of this region available history witnesses the reality from the Mughal period.

Police has been practicing the very beginning. In 1813 a Committee of the British Parliament commented on the p that police was appointed to save the villagers from the robbers, but they so brutally to villagers which was no less than that of the robbers. (Janakantha, Fortnightly, 7-21 July) The creation of new police force in 1861, the British rulers understood that they had created Frankenstein. In 1869 they took initiative to reform the police, but it failed to bring any change. In 1902 the Fraser Commission was appointed and it found the police high-handed, corrupt.

After 1947 the police force of East Pakistan continued to function under the strict rules established by the British rulers. In 1948 the East Pakistan police were agitating in Dhaka. In this context a six-member was formed to reform the police, with Justice Sahabuddin as the President. This Commi their report in 1953, but it was not implemented. In this context another police unrest t 1955. Later on a Police Commission was formed in 1959, and another in 1969, but recommendation of none was implemented. After the establishment of Bangladesh a Police Commission w constituted in 1978.

Another Commission was formed in 1986 with Toiabuddin Ahmed, Additional Inspector General of Police, in the chair. Government accepted partially the r these two Commissions for implementation. In 1988 a Police Commission was formed u leadership of Justice Aminur Rashid, and government partially implemented the recommendation this Commission. Nine Police Commissions were formed to reform the police from 1960 to 1989. But successive governments did not take concrete measures to implement the recommendations, only recommendations were implemented partially.

In the absence of any effective reform police is identified as oppressive, perpetrator, corrupt and abuser. Transparency International has several times identified police department as the most corrupt of all the departments of the government. On February 4, 2002 the Comptroller and Auditor General of Bangladesh submitted a report, which revealed that during the last seven years officials of ministries took huge amount of bribe. In monetary terms it was 15 thousand crore taka said period the officers and staff of police took bribe to the tune of 2066 crore taka.

In a report of Transparency International, police department and lower judiciary have been I the most corrupt service organizations; 83 and 75 percent citizens fall victim of corruption, respectively when coming to get service from these departments. (Bhorer Kagoj, December, 2002. ). Suggestions for solving the problem of police. We need to establish an Independent Anti-Corruption Commission, like ICAC (Independent Commission against Corruption) of Hong Kong, to combat all pervasive corruption of Bangladesh including the corruption of police. In 1973 ICAC of Hong Kong was established to invest corruption of a police officer.

Then the Commission declared its crusade against corruption, successfully rooted out corruption from Hong Kong. Following the example of Hong Kong, many countries have established Independent Anti-Corruption Commission to address the Commission like one established by the present government of Bangladesh will have no addressing the menace. If we want to establish a professional police organization, which will effectively control crime and provide service to the common people, we need to enact a new Police Act and establish a Public Commission or a Security Commission.

Muhammad Nurul Huda, a former Secretary and forward the recommendations. (The Daily Star, July 29, 2006). The Act over emphasized constabulary functions of the police against the professional aspect of crime control. Ma legacy of British and Pakistani regimes, the police of Bangladesh remain busy with supp persecuting the opposition. Because of excessive political use, the police of Bangladesh develop professionalism. The present Police Act should be replaced by a new one, which should determine the re and accountability of police.

The Act should establish effective police management and p professionalism in the department. We may establish a Public Safety Commission or a S Commission, which should “i) lay down broad guidelines for preventive and service-oriented by the police; ii) evaluate the performance of the police every year; iii) function as a forum to dispose representations from officers regarding their being subjected to illegal orders regarding their promotions; iv) generally review the functioning of police force; v) with the enactment of new Police Act the other ancillary laws such as Penal Code, Code Of Criminal Procedure etc. hould also be amended or made newly because police works with these laws ;vi) number of police should be increased. Vii police should be assisted by new technology as they can detect the criminals successfully. Conclusion: The prosecution of criminal cases in Bangladesh is heavily dependent on oral evidence and confession instead of physical evidence. Research on police investigation suggest that the amendment of various legal provisions in Evidence Act of 1872 are essential to rectify the existing investigative practice of Bangladesh.

Specially changing in the rules regarding confessional and admissional statement by the suspect before the police or magistrates are essential for effective investigations of criminal cases. As compared to developed countries modern forensic tools yet fully developed in Bangladesh. Most importantly the lack of specially trained evidence technicians for crime since processing affect the quality of police investigation of Bangladesh.

Enacting new law and establishing Public Safety Commission do no develop an efficient, accountable and professional police organization. Inevitably we should make law and establish some commission, but at the same time it requires a political goodwill government and opposition need to be committed for establishing an apolitical police or which will control crime professionally and serve the people as an organization of the de republic of Bangladesh.

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