CHAPTER 1
Human Rights vis-à-vis Policing
Introduction
The basic role of the police in a democratic set up is to function as a law
enforcement agency and render impartial service to law, without any heed
to wishes, indications or desires expressed by the government which either
come in conflict with or do not conform to the provisions contained in the
Constitution or laws. The police have a duly recognised service-oriented
role in providing relief to people in distress situations and are required to
be trained and be well equipped to perform the service oriented functions.2
The more conscientiously the policemen perform their functions, the more
they will be sync with their service oriented role and consequently with
the protection of the human rights of the masses.
As stated in the Introduction, the concept of human rights is not new for
the police; it has been there always, highlighted in all the State Police
Training Manuals, the various Police Commission Reports, the IPC and
Cr.PC and above all, the law of the land, the Constitution of India.
Interestingly, the Police Act of 1861 which is looked upon as a repressive
Act also had certain distinct features which underline the significance of
human rights, albeit indirectly, by referring to maintenance of law and
order and prevention of crime as the primary functions of the police.
The idea that good policing necessarily implies a total commitment and
thorough investment in the protection of human rights of the people runs
through all the above mentioned documents. The thought may not come
across explicitly most of the time but the underlying current, ethos, and
emphasis cannot be missed. The following topics and analysis of the same
would clearly bring out this fact. These are the facets wherein the PolicePublic interface takes place. Each of these topics, has diverse aspects to it,
and could have been developed into separate chapters. Nonetheless, an
attempt has been made to cover the essential components in each one of
these topics. Overlapping of content to some extent, while discussing these
topics, was unavoidable as the issues are deeply interlinked.
2
Second Report of the National Police Commission
Manual on Human Rights for Police Officers
17