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RULE OF LAW AND POLICE ACCOUNTABILITY: A CRITICAL ANALYSIS

Abstract

The current status of accountability of Police Forces in India has put a question mark on the democratic system of the country. Force has always been shielded against the backdrop of Law. Rights of the citizen must not be sacrificed at any cost, and one of such right is to have a reasonable choice between the Force and Rule of Law.

Introduction

A strong country embracing the principles of democracy in its every corner was one of the dreams of our founding fathers. They aimed to build a country that revolves around the notion of democracy and its principles. One of the inalienable principles to uphold the notion of democracy is Rule of Law. In addition of being the founding stone of democracy, the principle has always found its place in the academic discussion of the best colleges for law.

Rule of Law and Police Forces

Rule of Law is a governing principle where all the citizens of a country accept the majesty of law. The essence of Rule of Law classically appraises that the citizens who are in a commendable nexus with the law are exempted to take the law in their own hands as everyone is equal before the law.

In a democracy, every organ of the state must be subjected and accountable to the Rule of Law, but true accountability applies especially to the police forces. The reason being the predominant body of enforcing law and order in an organized civil society. Moreover, every provision of the Constitution of India is based on the modesty of state behavior. The Constitution of India through its preamble has advanced the commitments and aspirations of our forefathers in assuring the dignity of the citizens. The Living law of our country, Constitution of India ensures equal protection of basic human rights of every individual.

It is important to emphasize that protecting the rights, dignity and position of the accused of a crime has become a crucial challenge for the country. The principles of Rule of Law are widely professed but rarely practiced. In recent scenarios, money, power; muscle and influence play an important role in the entire justice system. It is indeed a great disappointment that the administration of the justice system has been divided into two different standards: One for the rich and privileged, and other for the poor and unprivileged. Furthermore, it is often observed in the realm of crimes that First Information Reports purposely fail to get registered if the offender or violator is a high-powered person. In addition, the entire investigation process depends on the political affiliation and eventually comes under the political spectrum. Poor and unprivileged witnesses often become the sitting targets of threat.

Need For a Strong Nexus of Police Forces and Rule of Law

In a country where socialism, democracy, secularism, liberty-oriented rights have been given absolute importance; and where its citizens are guaranteed fundamental right irrespective of the caste, creed, community, religion, social or economic status; it is vitally important for the police forces to be operative in an unprejudiced manner and in accordance with the law that governs the country. The police officials must discharge their duties without dread and favoritism. The police forces must have a foot in both camps while discharging their obligation. The system must be indubitably fair and unbiased in enforcing the legal framework.  The upper hand as well as discretion to decide whether or not to detain a suspect; arrest an accused; or developing charge sheets, must be determined by the police officials in literal sense and in compliance with the legal principles.

Conclusion

Bringing reforms in such an antiquated system though sounds simple, is not an easy task. Emphasis must be given to put forward weak and targeted arenas of Police Officials in order to have a clear picture of the system. Rights of the accused can be ensured if sufficient obligations are put forward on the part of police forces. Steps need to be taken to develop awareness with regard to such obligations of Police officials. Proper measures need to be developed to inform citizens their rights. Therefore, legal awareness programs become a necessary step for best colleges for law. These programs would ensure that citizens must have knowledge of getting proper legal aid which will help them in protecting themselves against such violation.

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