INTRODUCTION
In India, the police force, sworn to protect and serve, has increasingly become a source of injustice. Refusal to register FIRs, human rights violations, and corruption have transformed some officers into predators, preying on vulnerable citizens.
The sacred trust between police and the public has been shattered, leaving victims voiceless.
Alarming statistics reveal the extent of the police apathy highlighting that 30% of FIRs go unregistered annually, 75% of prisoners are undertrials denied bail due to police inaction, and 60% of police personnel admit to taking bribes.
THE PROBLEM: POLICE REFUSAL TO REGISTER FIRs
Police refusal to register First Information Reports (FIRs) is a pervasive issue in India, denying citizens their fundamental right to report crimes and access justice.
Over 30% of FIRs go unregistered annually, according to the National Crime Records Bureau (NCRB). This refusal has severe consequences, including delayed or denied justice, perpetrator impunity, and victim trauma. Vulnerable groups, such as women, children, Dalits, and minorities, are disproportionately affected.
UNDERSTANDING FIRs
A First Information Report (FIR) is a written document prepared by the police to record information about the commission of a cognizable offense.
Section 154 of CrPC, 1973/ Section 173 of BNSS, 2023:
Section 154 of the Code of Criminal Procedure (CrPC) has been replaced by Section 173 of the Bharatiya Nagrik Suraksha Sanhita (BNSS) in the new criminal laws that took effect on July 1, 2024.
Every information relating to the commission of a cognizable offense, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant and every such information, whether given orally or in writing, shall be signed by the person giving it. The substance thereof shall be entered in a book to be kept by such officer in the prescribed form.
A copy of the information as recorded shall be given to the informant immediately, free of cost.
Section 173 of the BNSS also gives a statutory basis to Zero FIR, which allows victims to file complaints regardless of jurisdiction.
HIGHLIGHTING RECENT EVENTS
- Uttar Pradesh, Hathras Case (2020): In the Hathras gang rape and murder case, the family faced significant hurdles in getting an FIR registered initially. Reports indicated that local police were reluctant to act, leading to widespread protests and media coverage.
- Delhi, Jamia Millia IslaViolence mia (2019): Following the violence during protests against the Citizenship Amendment Act (CAA), students from Jamia Millia Islamia reported that police refused to register FIRs for the violence they experienced.
- Kerala, Kozhikode (2022): A case involving a young woman who was stalked saw police initially refusing to register an FIR. Following public outcry and media coverage, the police were compelled to take action and register the complaint.
- Gujarat, Ahmedabad (2023): In Ahmedabad, reports surfaced about police not registering FIRs related to domestic violence cases during the pandemic. This prompted a campaign by local NGOs advocating for better enforcement of laws protecting women.
CAUSES OF POLICE APATHY
- Institutional factors play a significant role in perpetuating police apathy. Corruption within the police force undermines its effectiveness, while inadequate training and resources hinder officers’ ability to respond effectively.
- Societal pressures also contribute to police apathy. Social and economic factors, such as caste and gender biases, influence police decision-making. Political interference and media sensationalism add to the problem, creating public pressure that affects investigations.
- Individual factors, such as burnout and lack of accountability, also contribute to police apathy. Officers’ personal biases and fear of retaliation from powerful perpetrators compromise their ability to act impartially.
Additionally, the psychological toll of policing can lead to stress and trauma, further eroding officers’ motivation.
- Systemic issues, including over-centralization and inefficient complaint mechanisms, perpetuate police apathy. Lack of transparency and oversight enables police inaction, making it difficult to hold officers accountable.
CONSEQUENCES OF POLICE APATHY
Police inaction exacerbates victim suffering and erodes public trust, leading to a breakdown in social order. It perpetuates cycles of violence, divides communities, and undermines faith in law enforcement.
Psychologically, police apathy inflicts trauma, fear, and intimidation on victims. Prolonged mental anguish, anxiety, and depression are common outcomes. Perpetrators exploit police inaction, intimidating victims and witnesses, and causing irreparable harm to mental health and well-being.
Economically, victims incur expenses for medical treatment, legal fees, and lost income, diverting resources from economic development and social welfare.
The long-term implications are alarming. Institutional decay undermines the rule of law, eroding democratic institutions. Accumulated grievances spark protests, destabilizing social order. India’s global image suffers, impacting tourism, investment, and diplomacy.
LEGAL FRAMEWORK AND REMEDIES
India’s legal framework provides robust remedies to address police misconduct and ensure accountability. Constitutional provisions safeguard citizens’ rights with Articles 14, 19, 21, and 22, while statutory laws like the Police Act of 1861 and recent enactments – The Bharatiya Nyaya Sanhita (BNS), and The Bharatiya Sakshya Adhiniyam that replaces the Indian Penal Code (IPC) and Criminal Procedure Code (CrPC), adapting to evolving crime patterns.
People can approach the Judicial Magistrate with a complaint under Section 156(3) of CrPc in case the police refuse to register an FIR.
Landmark judgments have further reinforced these protections. Cases like Lalita Kumari v. Government of Uttar Pradesh (2014) and Prakash Singh v. Union of India (2006) have mandated FIR registration and police reforms. These judicial pronouncements aim to strengthen police accountability and prevent abuses of power.
Available remedies include FIR registration, complaints to police authorities, National/State Human Rights Commissions, judicial review, departmental inquiries, and compensation schemes.
CONCLUSION
In conclusion, The pervasive police apathy in India is a stark reminder of the systemic failure and betrayal of duty that plagues the country’s law enforcement. The alarming rise of police inaction, complacency, and complicity has eroded public trust, perpetuated injustice, and undermined the very fabric of democracy.
To address this issue, comprehensive police reforms are essential. This includes accountability mechanisms, transparency, training, and capacity building. Community engagement and outreach programs can help bridge the gap between law enforcement and citizens. Moreover, a zero-tolerance policy for police misconduct must be strictly enforced. By implementing these measures, India can rebuild trust and ensure justice is served.
Police apathy is not merely a law enforcement issue; it is a societal crisis. As citizens, we must hold our protectors accountable and demand change. The future of India’s democracy depends on our collective action to break the cycle of police apathy. By working together, we can reclaim our police force as a beacon of hope, justice, and protection.
-SHEELU KUMARI
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