Deana Heath and Jinee Lokaneeta put the lens on police violence
‘The intensification of the Indian government’s efforts to stifle freedom of expression and undermine democratic institutions, such as the judiciary and the press, now also elicit more attention to the injustices and violence embedded in every aspect of Indian criminal justice, including the police system.’ This serves as a fitting Introduction to the book.
‘Policing and Violence in India’ is a unique work that traces police violence from colonial times to the present day. The book rightly concludes that the colonial rule aimed to safeguard its empire rather than protect citizens. Consequently, the police were poorly trained, underfunded, and worked under terrible conditions. The judicial mindset exacerbated police violence, as many Britishers believed that Indians were pathological liars, making their evidence untrustworthy.
Police brutality in India includes physical and mental torture, and in some cases, even death. It is often driven by misuse of power under political pressure or for personal gain. The Indian police force faces systemic issues such as widespread impunity, corruption, and lack of accountability. Despite calls for legal reforms, India has yet to criminalise torture as a distinct crime and has not ratified the UN Convention Against Torture.
The book is a compilation of research and studies conducted by 21 contributors whose credentials are unquestionable. The in-depth analysis, covering historical, contemporary and futuristic aspects, makes for a fascinating read. For instance, a chapter on the concept and origin of martial law explains how colonial interests blurred the boundaries between war and state security, setting a trend for enacting laws without judicial review, such as the Armed Forces (Special Powers) Act. While one may not agree that contemporary police actions are calibrated based on caste, there is no doubt that the economic condition of the individual influences police behaviour.
State violence is generally seen as manifested by the police or security forces. It is surprising that medical officers in government hospitals are also complicit. The role of semi-State actors has not engaged the attention of oversight mechanisms.
Custodial violence is largely viewed in the context of crime detection. The book reveals that the Supreme Court has acknowledged that custodial detention ensures effective interrogation of suspects, assisting the police during investigations. Therefore, the judiciary is expected to exercise proper discretion in granting anticipatory bail. Concerns about the use of “third degree” methods were dismissed by the court, reasoning that such claims could be made by all accused in criminal cases. Nevertheless, it has occasionally taken steps to contain the menace, such as the guidelines in the DK Basu judgment.
The book provides an interesting summary of the annual conferences of DGPs held since 1950. Despite well-meaning papers and ideas, there is no evidence of their implementation or marked improvement.
The book rightly emphasises the need for political reforms, as without these, it will be impossible to reform the Indian police.
However, the chapter on counter-insurgency in Kashmir is contentious. It portrays the Jammu and Kashmir Police (JKP) as a distinct entity, whereas the police worldwide are integral to the State. The JKP cannot be held responsible for the manipulations of the political class. A similar situation prevails across the country. The same police force tasked with combating organised crime and terrorism is also expected to show empathy towards the socially disadvantaged and deprived. While the former demands resolute action, the latter requires compassion. Given that the elected wing often focuses on acquiring power and wealth, the expectations placed on the police are enormous. This is especially true when considering that the police are merely a reflection of the society they serve.
— The writer is former Director General, Bureau of Police Research And Development
Book Review