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This article is written by Kushang, a student from Himachal Pradesh National Law University (HPNLU) and Oishika Banerji of Amity Law School, Kolkata. This article talks about why human rights form an important consideration for police. The article also discusses the importance of stress management programs and various challenges that it faces in the police system. 

This article has been published by Oishika Banerji.

Introduction

One of the most significant law enforcement authorities in any State is the police. In recent decades, police have increasingly been viewed as a service provider rather than a force. This perspective is rooted in the larger concept of a democratic state founded on the rule of law and inspired by human rights considerations. The traditional goals of policing, such as maintaining public order and combating crime, are furthered by this viewpoint. The police’s distinctive role, given its monopoly on the use of force, professionalism, the demand of rigorous legality, internal and external responsibility, transparency and a relationship of trust with the public are the essential features of human rights-based policing in democratic countries. While this is one aspect of this article, the other aspect is the concerns surrounding police officers. “More police officers are likely to die due to suicide than in the line of duty.” This tells about the level of stress that an officer goes through in his duty. It is well known that a police officer has to face many stressful situations while discharging his duty. This calls for an effective stress management system for the police. But still, very little importance is given to mental health by these officials. Many times we come across the news of infringement of human rights by police officers. An important reason which leads these officers to indulge in such acts is the amount of stress which does not allow them to think clearly. Just like stress management, human rights are an important aspect for a police officer. 

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Human rights and the police

Police officers are affected by human rights in many ways. They are the ones who help people if there is any infringement of their human rights by recording their complaints. They deal with people and while doing so they are bound by certain principles of human rights. They have the basic responsibilities of respecting, protecting, and promoting the human rights of the suspects in a case. Thus, the behavior of the police officer should not affect the human rights of another individual even if he is a culprit. However, in certain cases, the police may impose certain restrictions like restricting the movement of an individual. But such activities of the police have to be justified and logical.

Also, police are human beings and thus, they also have certain human rights which need to be respected and protected. For example, the officer should be treated equally without any discrimination on the basis of caste, sex, or religion. In this manner, human rights affect the police by protecting them from such discrimination.

The practical questions that need to be answered

With the concept of human rights not being restricted to one particular State, it is necessary for the readers to know certain general questions surrounding the subject matter of policing and human rights that often find their place in police official handbook that are provided to the officials during their training so as to avoid any kind of challenges in relation to this subject matter in their professional career.  

Does murder constitute a human rights violation

This question contributes to a better understanding of the fundamental issue of state obligations and, as a result, the role of the police in human rights. 

  1. A public official who murders someone violates human rights since the state has failed to uphold its commitment to respect the Right to Life. When a public official, such as a police officer, uses force and a person dies as a result, the state is required to undertake an impartial and independent investigation.
  2. The state’s failure to act or omission to defend the Right to Life constitutes a violation of the state’s commitment to protecting the Right to Life if it fails to take reasonable steps to prevent the murder of a person facing a threat to his or her life from another person.
  3. A private individual who murders is guilty of a crime but he or she does not infringe anyone’s human rights.

What is the role of the police with regard to human rights

Police officers as state officials 

In a democratic society, police officers hold a unique position since the state empowers them to use force when required. Human rights impose significant limitations on police operations including the use of force, requiring them to adhere to stringent legality, proportionality, and necessity criteria. Such constraints help to guarantee that when police operate, they do so in a way that respects human rights and seeks to achieve their purpose in the least invasive manner possible. Officers must not only respect but also actively protect human rights, such as by arresting a suspect to protect the rights of others. Human rights are the foundation of police work because of this police commitment to defend.

Police officers as law enforcers 

No law has more authority in the eyes of police officers as law enforcers than the law of human rights. It is a well-established legal principle in the United States that all laws should be read and implemented in a way that is consistent with the spirit of the law’s rigorous adherence to human rights standards. 

Police officers as service providers 

In the past, police were largely viewed as a force and a tool of state control. This viewpoint has shifted, and police officers are now frequently viewed as government employees who serve community service. International human rights texts such as the Council of Europe’s Declaration on the Police (1979) and the European Code of Police Ethics (2001), as well as the United Nations Code of Conduct for Law Enforcement Officials (1979), all emphasize the role of police as service providers.

There is no conflict between human rights and policing, policing means protecting human rights : an insight 

Policing and human rights – are not in conflict

  1. Human rights are the foundation and the objective of policing.
  2. Human rights promote successful police by establishing strict legality, necessity, and proportionality standards.
  3. Human rights-based policing aids help in the successful administration of justice by ensuring that human rights are respected when police acquire evidence that is later used in court proceedings.

Policing and human rights – are in conflict

  1. A criminal’s human rights can be constrained to some extent, with detention often curtailing not only personal freedom but also family and privacy rights through restrictions on visiting hours, phone use, and general detention rules.
  2. Human rights are viewed as a barrier to police work by those who do not appreciate the positive benefits of human rights for a just, peaceful, and inclusive society, both for individuals and for the police.
  3. Some police trainees may find it difficult to understand why an alleged abuser should be treated with respect and dignity in serious circumstances, such as child abuse, and this viewpoint may certainly appear during the training course. Trainers face unique obstacles when dealing with emotionally charged disputes.

Possible grounds why police stations possessed the highest to human rights

Chief Justice of India N.V. Ramana had in one of his recent interviews stated that according to recent reports, even the affluent are not immune to third-degree torture in police stations, posing a threat to human rights and bodily integrity. The junior Home Minister, Nityanand Rai said that as per information received from the National Human Rights Commission (NHRC), 100 deaths in police custody and 236 cases of torture during detention by cops were reported in 2020-21, down from 112 deaths and 411 instances of torture in police custody in 2019-20 and 136 deaths and 542 torture instances in 2018-19. 

In the landmark case of Paramvir Singh Saini v. Baljit Singh & Others (2020), the Supreme Court of India directed that:

  1. The state and Union territory governments should make sure that CCTV cameras are installed in every police station in their jurisdiction. Furthermore, CCTV cameras must be installed at all entry and exit points, the main gate of the police station, all lock-ups, all corridors, lobby area, all verandas or outhouses, Inspector’s room, Sub Inspector’s room, areas outside the lock-up room, etc. 
  2. The CCTV systems that should be installed must be equipped with night vision and must include both audio and video footage. It shall be the responsibility of the states and the Union Territories to provide energy and/or internet as quickly as feasible in places where neither exists, utilizing any mode of electricity generation, including solar or wind power.
  3. CCTV cameras must then be installed with such recording systems so that the data that is stored thereon shall be preserved for a period of 18 months. If the recording equipment, available in the market today, does not have the capacity to keep the recording for 18 months but for a lesser period of time, it shall be mandatory for all States, Union Territories, and the Central Government to purchase one which allows storage for the maximum period possible, and, in any case, not below 1 year.
  4. When there is information of excessive force being used at police stations, resulting in significant injury and/or death in custody, it is necessary that people have the right to complain and have their complaints heard. Such complaints may be made not only to the State Human Rights Commission, which must then use its powers under Sections 17 and 18 of the Protection of Human Rights Act, 1993, to resolve such complaints but also to Human Rights Courts, which must be established in each District of each state or Union Territory under Section 30 of the aforementioned Act.

Legal representations 

Arrested or detained people suffer greatly from a lack of efficient legal assistance in police stations. For the accused, the early hours of arrest or incarceration often determine the outcome of the case. The poor and disadvantaged are discouraged by lengthy, expensive formal processes followed by courts. The judiciary’s most difficult task now is to break down these barriers. The Chief Justice of India stated that “if we want to remain as a society governed by the rule of law, it is imperative for us to bridge the gap of accessibility to justice between the highly privileged and the most vulnerable. For all times to come, we must remember that the realities of socio-economic diversity which prevail in our nation cannot ever be a reason for denial of rights. Let our past not determine our future.”

Digital divide

The digital gap, according to Chief Justice Ramana, has hampered the cause of easy access to justice. Lack of connectivity is a problem in rural and distant places. “In India, access to justice is more than a pipe dream. To make it a reality, we’ll need to collaborate with numerous government departments.” The Chief Justice has previously written to the government about the urgent need to bridge the digital divide ‘on a priority basis. “Let us imagine a future built on legal mobility, a world in which equality is the norm. That is why the ‘Access to Justice’ program is a never-ending goal, stated CJI Ramana.

Judicial decision-making 

The Supreme Court of India has explained and expanded the scope of fundamental rights in the realm of criminal justice over the years and has issued landmark judgments laying out the scope of such rights, limits on policing powers, directions for the police, and remedies for victims of rights abuses, all aimed at ensuring that human rights standards are upheld.

Sakiri Vasu v. State of Uttar Pradesh & others (2007)

The Supreme Court in the present case used the “doctrine of implied power,” which argues that when an authority is given the ability to accomplish something, it also includes any incidental or implied powers that would assure the successful execution of that task. It was observed that a Magistrate can direct the police to register an FIR and investigate a matter under Section 156(3) of the CrPC, but he or she can also supervise or oversee the investigation to ensure that it is handled in a fair and proper manner. 

Youth Bar Association of India v. Union of India (2016) 

The Apex Court in this 2016 case recognized that a person accused in a criminal case has the right to personal liberty under Article 21 of the Indian Constitution and the same could not be realized unless they had access to the FIR filed against them. Thus, except in selective circumstances where the offence is of a sensitive nature, such as sexual offences, sexual offences against minors, insurgency, or terrorism, all FIRs had to be uploaded to the official website of the police, as early as possible, preferably within 24 hours of registration.

Gurbaksh Singh Sibbia & Ors. v State of Punjab (1980)

The purpose behind anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 was laid down by the top court in the present case. The Supreme Court had observed that when the smooth flow of life becomes tainted, the police may be called in to investigate charges stemming from political animosity. Criminal law’s powerful mechanisms can then be used to achieve illegitimate goals. It can even take the shape of a respected person being paraded in handcuffs, ostensibly on their way to a court of justice. The authority to issue anticipatory bail was added to the Code of 1973 in order to deal with such situations, albeit it is not confined to them.

Babubhai v. State of Gujarat & Ors (2010)

The Supreme Court of India while deciding on the case of Babubhai v. State of Gujarat & Ors (2010) observed that not only is a fair trial a fundamental right, but so is a fair investigation, as provided by Articles 20 and 21 of the Indian Constitution. As a result, a minimum prerequisite of the rule of law is that the investigations must be fair, transparent, and judicious. An investigation cannot be allowed to be corrupted and biased by the investigating agency. It is the police’s responsibility to conduct an impartial inquiry with no hidden agendas. The police’s conduct has to be unbiased, with no suspicions about its veracity, and it has to be free of evidence fabrication. The rule of law has been built on the foundation of a fair investigation. The Supreme Court stated that the purpose of a criminal case investigator was to discover and bring out “the true and unvarnished truth” before the Court and not to improve the prosecution’s case on the basis of any evidence solely to gain a conviction.

Ramlila Maidan incident v. Home Secretary, Union of India & Ors (2012)

The fundamental rights to free speech and expression, as well as the freedom to gather peacefully without arms, are acknowledged in Articles 19(1)(a) and (b) of the Indian Constitution. These rights, however, are not absolute. For one of the reasons listed in Articles 19(2) and 19(3), the State has the authority to impose “reasonable restrictions” on the exercise of these rights. The State cannot take away a person’s right to protest by preventing them from assembling, but it might regulate or apply reasonable restrictions for the sake of public order. Any restriction of fundamental rights by a public body, such as the police, must be based on the law and be “just, fair, and reasonable.” And if any action is found to be infringing on fundamental rights, the authority has to prove and defend why it was reasonable, or it would be declared unconstitutional. The Supreme Court in the present case concluded that Section 144 of the CrPC authorized magistrates to order any person to refrain from undertaking a specified act or to take action as instructed where there is adequate reason for proceeding towards the same. 

Stress management programs in police

Impact of stress on police officers’ health

Stress is a factor that impacts the working of an individual. Especially in a field like that of police, a person has to deal with many situations which lead to stress and fatigue. Stress in a police officer can lead to:

  • Time mismanagement among the officers. 
  • Disturbed sleep which affects the health of the individual as well as his efficiency in work
  • The irritation may lead to complaints from citizens regarding police behavior
  • More prone to injuries due to accidents. Risk of being killed in serious encounters due to lack of attention.
  • Can lead to impaired eye-hand coordination which is important for police officials.
  • More prone to depression and anxiety. A police officer has to deal with many traumatic incidents which can have a great impact on their minds.
  • Chances of developing gastrointestinal problems like stomach ulcers or loss of appetite.
  • Increased risk of developing serious health problems like diabetes. Also physical problems like body pain.

Need for stress management programs for police organizations

Due to the impact that stress can have on police officers, it is important that a stress management program is implemented in the police organization. A system where importance would be given to the mental health of the police officers. In the time when various news of police mistreatment is often debated, it is essential to determine what causes such actions. It is the stress which causes frustration leading to such non-acceptable behavior of the police towards the citizen. 

Also, when we talk about the police, health is one of the most important criteria for them. If they are not mentally or physically fit, they wouldn’t be able to carry out the responsibilities and duties that they owe to society. Also, this may lead the officer to change his conduct in such a manner that can be harmful to both himself and society. It is said that the policemen are more likely to die by suicide than in the line of duty. Even the work environment and work culture of the policeman can be very stressful Thus, there is an urgent need to tackle this through the development of a stress management system.

Issues and challenges in the stress management system

There are a few issues and challenges related to the stress management program for police officers like:

  • To develop the system, proper research is needed. The research has to be done properly about how different policies affect the policeman.
  • Lack of initiative from the side of the policeman. They don’t want to talk about such issues as they consider that it symbolizes weakness.
  • The implementation of such programs is very important. However, in many cases, the programs just appear on paper. They are not adopted or regularly implemented.
  • Lack of participation of police officers is also one of the major issues which have been observed in various stress management programs.
  • The nature of the work of the policeman is such that they become cynical about any change. They are suspicious about the program. This prevents them from sharing personal information which is needed to reduce stress.
  • There is no training for personnel who can act as a supervisor in building a stress management program. Also, no training is given to the policeman to cope with stress.
  • Also, the cost involved in developing methods, employing people, and techniques to find the stress among the policemen is high. This poses a great challenge in developing a stress management program.

Advantages of stress management programs for police officers

  • The productivity of the policeman will improve. This is very important for a job like police where a stressful work culture exists. As a result, the decision making and thought process during the investigation will improve.
  • Helps in leading or taking initiative in difficult times. As a result, the policeman would not shy away from their duties.
  • Increases coordination among the people. Coordination is a must in a job like Police services. A stress-free environment would facilitate free communication between the officers and thus would help in reducing conflicts.
  • Reduces corruption or unethical practices. When people are stressed, they are more prone to indulge in wrong practices and always look for shortcuts.
  • Enables people to have time for themselves. This is an important benefit that would boost job satisfaction among the police officials.
  • Leads to improved motivation among the officials. There is a sense of team spirit among the people.
  • The most important benefit is that it reduces the health risk among policemen. Due to stress management, there will be less depression and anxiety among them. Also, it reduces the risk of diabetes and other physical problems that may develop in a stressful environment.
  • The adoption of a stress management program would give a positive message to the policemen. It would give a sense of care which would motivate them to be more loyal and considerate towards their job.
  • This would also reduce the drastic steps taken by policemen like leaving their job, asking for more sick leaves, or suicide. 

Recommendations

As stated above there are certain issues which are associated with the stress management program in the police organization. However, these issues can be solved if given proper attention. Let’s analyze certain steps which can be adopted:

Training of personnel

A proper training mechanism has to be developed for stress management among people. Also, a supervisor should be trained who will assess the stress level of the policemen. They should be made capable of solving the problem related to stress and also provide professional counseling to those affected. These supervisors will play a key role in the success of the stress management program by helping individuals.

Active coordination among senior and junior officers 

There is a need for increasing more coordination among senior and junior officials. To achieve this, weekly meetings should be planned for stress management. Such meetings would help to gain more ideas about the problems that the officials are facing and how they can cope with it.

Matching the capabilities with assignments

The officers’ strength should be matched with the type of work they are assigned. It is true that all preferences of the officer cannot be included. However, assigning the duty as per the skill and interest of the individual can play a very vital role in reducing stress. For example, placing officers in zones that they enjoy can reduce stress among the policemen.

Supporting police families

Stress management programs should include certain elements related to the family of the policemen. As families act as a support system for the individuals it is important that the family of the personnel should be counselled to support the policeman in tough situations. Also, the program should be such that it listens to the concerns of the families. This would give rise to a feeling of care among policemen.

Framework of incentives

Various incentives can be developed to promote the mental health of the officer. Incentives like providing paid time off to engage in stress management courses or wellness programs can be undertaken. This step would reduce the risk of losing officers.

Adoption of better techniques

Techniques have to be developed to efficiently assess the stress level. For this, various methods like questionnaires can help to know the mental condition and thought process of individuals involved in the organization by asking a few questions on their routine.

Awareness

This is one of the most important aspects to make the stress management program a success. Policemen are not aware of the implication of stressful life. Even if they know, they don’t like to talk about such things. Thus, a proper awareness program has to be incorporated to make individuals understand the importance of stress management. This can be done through various seminars or workshop programs. These initiatives can play a very vital role in changing the mindset of the individual towards mental health. Thus, it would lead to active participation from the policemen in stress management programs.

Conclusion

Human rights are frequently viewed by police personnel as a hindrance rather than a foundation for their work. This negative attitude may manifest itself at the beginning of a police training program. A discussion emphasizing the importance of policing’s dual role in respecting and protecting human rights – the ‘twin duties’ of refraining from actions that unduly interfere with human rights and taking all necessary and appropriate steps to protect those rights has the potential to change this mindset. Instead of amending the Police Act 1861, a Comprehensive Police Act should be enacted to cover all aspects of police operations, including a strict supervisory mechanism, taking into account the National Police Commission’s recommendations, judicial decisions, reports from various committees, and the Model Police Manual. Such legislation, along with proper measures for the execution of decent human rights practices, will undoubtedly boost police morale and their ability to work as friends of society. The time has come when the police have to take note of a stress-free system in their work. Stress during work can reduce the very purpose of having a police system in a country. There is a need to develop a stress management program but it faces certain challenges. These challenges can be overcome by proper attention to these programs. As time has progressed, situations faced by police officers have also become more complex. Cases have become more stressful and it does need certain new changes. In such situations, there is a need for them to be mentally fit. This change can be brought by a proper stress management plan and its efficient implementation in the police department.

References

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