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Policemen Role in Corruption
What is Corruption? To study this concept it is very important to understand its meaning. Police corruption is defined as the " abuse of police authority for personal or organisational gain by a police officer acting officially"
It is not an easy concept to understand and it has many complex aspects. But one aspect which stands out is its existence which is spread almost in every part of the world. Corruption can be broken down into two sections, internal and external corruption. With reference to the police department, internal corruption is the illegal acts and agreements within a police department by more than one of the officers and external corruption is the illegal acts and agreements with the public by one or more officers in a department.
The most important elements of police corruption are misuse of authority and misuse of personal attainment. Widespread corruption at every level of the administrative department poses as a great obstacle in its working, efficiently and effectively. It inverts the goals of the organisation, that is, it may encourage and create crime rather than deter it. One of the main causes for this is that the police officials have ceased to act as professionals and are politicized to a great extent. They are manipulated by political leaders, who have misused the power of appointments and transfers to patronize weak or corrupt officers for their own selfish purposes at the cost of public interest. These leaders appoint wrong persons for the top jobs as they are willing to carry out the dictates and wishes of their political masters for their own survival. The main areas for their interference are appointments, transfers, rewards, and punishments. General police corruption includes bribery or exchange of money or something of value between the police and the wrong doer. Other police crimes may range from brutality, fake encounters, sexual harassment, custodial crimes, to illicit use of weapons.
Despite an attempt to eliminate corruption by ways like increased salaries, upgraded training, incentive for education, and developing policies that focus directly on factors leading to corruption, it still exists.
Even though the government spends over 67% of the Home Ministry's budget on the police, there has been no noticeable improvement in the behavioral and attitudinal pattern of police personnel. Apart from allocating 67% of the budget on police, Rs 800 crores is being spent on modernization of the police forces of states for last three years 2. Yet there is no improvement in the conduct of the police personnel of all ranks.
Police Corruption is also violation of human rights as it denies some very basic rights to the citizens. The fundamental right of being protected by a law enforcing agency, mainly constituted for this purpose is being denied by the prevailing corruption. The right to self-defense is under a threat with more and more cases of custodial crimes and wrongful persecution and prosecution being reported. With the present day situation worsening, the basic Right to life granted under Article 21 of the Constitution is being denied. Cases of fake encounters, rising death toll in the prisons, and unnecessary delay in investigation makes one feel insecure and vulnerable. A Sub-Inspector reportedly, compelled the family of a man who had committed suicide to pay a bribe for the release of his body, in another case a police officer was penalised for extorting money from a trader by threatening to implicate him in a murder case3. Such incidents make it like a commercial transaction. The general public looses trust in the department by such incidents and are lead to believe that everything can be done if one is in position to talk in terms of money or power with the police officials.
Following are some cases reported in the newspapers, from different states that had occurred in the year 2006:
Mumbai - Five policemen accused of allowing passage of arms and ammunitions from Rajgad to Mumbai which were later used in the series of 12 blasts in 1993 were convicted under TADA. A bribe of rupees seven lakh was accepted for aiding this terrorist act4. Delhi - CBI nabbed Sub-Inspector, Incharge of Sarai Kale Khan police post, accepting a bribe. He escaped with Rs 20,000/-; later Rs 50,000/- and 100 grams of drugs were recovered from his drawer in his office. The Sub-Inspector was the investigating officer for a theft case and had asked for rupees two lakh for arranging the bail, from the mother of the person who had been arrested under the case. The said amount was agreed to be paid in instalments.
Uttar Pradesh - 3 police persons sent to jail after they allegedly harassed a couple on their way, in Greater Noida area. Later an FIR was registered under Section 323 (voluntarily causing hurt), 354 (assault or use of criminal force against a woman with intent to outrage her modesty), 504 (insult intended to provoke breach of peace), and 506 (criminal intimidation)6 of the Indian Penal Code, against the police officers.
The Investigation Officer also kept evidence like samples of blood and semen collected from the scene of occurrence for four days before handing it to the hospital.
Police officials ignored several complaints made by the victim during 1994-1996 against Santosh Singh for stalking and harassing her.
CBI was charged for not following an ‘official procedure' in the DNA tests and for keeping away the fingerprint report from the court 13.
The judgment of the Trial Court in 1999 acquitting the accused on the basis of lack of evidence was criticised by the High Court which gave its final verdict in October, sentencing the accused to death penalty.
Shivani Bhatnagar's Murder Case: Shivani Bhatnagar, a journalist for the Indian Express was found murdered in her flat in East Delhi on 23rd January, 1999. Her murder became a scandal that reached into the top levels of Indian politics. A top ranking officer of the Indian Police Service Ravi Kant Sharma was charged with the murder by the Delhi Police, who investigated the case. R K Sharma and his wife Madhu, have alleged that Bhatnagar's murder was planned by Pramod Mahajan who was alleged to have been the father of Bhatnagar's child. It took the police more than 3 years to make the first arrest in the case. The delay in nabbing the accused, the apparent absence of a clear motive in the crime, and the lack of transparency in the case raised several questions.
As the investigation progressed there were constant whispers that the cops were dragging their feet on the case due to involvement of a senior BJP politician. An ACP of the Delhi Police's Crime Branch was arrested on charges of corruption by derailing the investigations in the case 14.This case too waits for its final verdict to be passed by the court.
Nitish Katara's Murder Case: Nitish Katara was allegedly kidnapped and murdered on the night of 16th February, 2002, from Ghaziabad, Uttar Pradesh, where he had gone to attend a marriage party. Bharti Yadav, the daughter of former Rajya Sabha MP D P Yadav was allegedly having an affair with Nitish to which her brothers, Vikas and Vishal, had objection. Her brothers have been accused of killing Nitish because of this objection15.
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