ROLE OF POLICE IN

THE CAUSE OF SOCIAL JUSTICE

Article 15 (1) of the Constitution of India lies down that “ The State shall not
discriminate against any citizen on grounds only of religion, race, caste, sex, place
of birth or any of them.” Article 14 that speak about equality before the law or
the equal protection of the laws. Article 16 that speaks about the equality of
opportunity in matters of public employment and Article 17 that speaks about
abolition of untouchability are mere extensions and applications of the Article 15
(1). The Preamble of the Constitution identifies justice as social, economic and
political; and Equality as of status and opportunity. These declarations of the
Constitution provide the framework of social justice of the Sovereign Socialist
Secular Democratic Republic of India. The principle of equality enjoined by the
Constitution gains significance vis a vis the long tradition of discriminations and
exploitations in India on the basis of religion, race, caste and sex. Police is the tool.
Indian Constitution also seeks to establish economic equality. Economic and
social equality are inter-knitted with the cause of social justice for the reason that
economic status and opportunities more often than not decide the position of
religions, races, castes and sexes in society.
ROLE OF POLICE
Police are called social doctors. They examine, diagnose and treat misease in
the body of the society through the administration of laws and surgical
operations. Discriminations and exploitations are the deadly cancers that seize
and disintegrate a society. Police are duty-bound to keep these maladies under
check. Their fight against the evils of a long tradition and practices accepted by
the society as legitimate by the stamp of time is a protracted and frustrating
struggle against the convictions imbued deep into the psyche of the society. Their
role as the ultimate enforcers of social laws brings them centre stage in the cause
of social justice.
SENSITISATION AND SPECIAL SKILLS
Administration of social laws is a specialized task requiring sensitization to
social issues and social justice and special skills sine qua non for handling socially

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sensitive cases. Police handling these cases have to be understanding and

circumspect though tenacious when circumstances warrant sans temulence of
power and surquedry. These operators should be kind and devoid of the
malfeasance of immane police methods, never forget that they are dealing with
distinct issues which are the outcome of historical reasons and special social
situations, that they are dealing with a wider social malady through the specific
symptoms in their hands for solution and ergo there are no villains in the real sense
of the term in the extant issues, that they are social doctors interested only in
excising cancerous growths from the society. They have to be sensitive to human
sufferings and committed to social justice. These characteristics thought to be
alien to police nature are not easy to come to police unless recruitment process
takes special care to draw men of appropriate mental makeup to the force and
their training process is programmed to reinforce the characteristics. The police
also require periodical programmes to sensitize them to the cause of social
equality and social justice.
NEED OF CIRCUMSPECTION
Social injustices of discrimination and exploitation are committed by the
pollent on their weaker counterparts. This makes witnesses to crimes reluctant
witnesses for the fear of reprisals. The natural resourcefulness of the police
comes to the fore in handling such obstacles. In a social situation where the
exigencies of survival, coexistence and security force rival parties to bury the
hatchet and the weaker of the two submit again to the tyranny of the pollent for
the sake of survival, commitment of the police to the goal of social justice plays
a crucial role in bringing offenders to the book and abstergent evils from the
body of the society. However discreetness and circumspection are the calves
here. In nonserious cases where possibility of exploitation in future is ruled out,
rehabilitation and compensation become important factors from the human
side of the issue and the need of a fair settlement gains ground. Police are required
to attend these problems with discreetness and circumspection in the best
interests of the society and justice. Ability to handle situations with creative ingine
is the core of the skill of handling socially sensitive cases.
LOCUS STANDI OF ECONOMIC INEQUALITIES
Discriminations and exploitations based on race and caste take myriad forms
and shapes in India of a million races and castes, each individually and in groups
discriminating against the other. The main strain of this discrimination is about
20% of the country’s population specified by the President as Scheduled Castes
and Scheduled Tribes under Articles 341 and 342 respectively of the Constitution
being discriminated against and exploited by forward communities.

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Discrimination against and exploitation of have-nots by the well to do is the elan

of all discriminations of race. Caste and sex practised in extant India. Power and
strength make all the differences in this world. Money, knowledge, mental ability,
political power and muscle power constitute real power and strength. Those
who have access to these powers and strength. Those who have access to these
powers and strengths come out successful irrespective of their race, caste and sex.
It is the weak and powerless irrespective of race, caste and sex are exploited most.
Weak and powerless sections of society in race, caste and sex are discriminated
against and exploited most. The police with their statutory powers, laws, arms
and weapons are in position to give spine to the weak and powerless in discharge
of duties towards social justice.
CONFIDENCE BUILDING
Police support to weaker sections can be physical and psychological. Physical
support covers aspects like providing protection, strict enforcement of social
laws and honest investigation to violations. Psyhological support implies carrying
out above responsibilities with an added objective of creating a sense of
confidence and well-being in the exploited sections of the society. Making
enforcements of social laws a showpiece of deterrence also helps. The
psychological aspect needs emphasis in policing against social evils. Enforcing
laws for its own sake does not help tackling social issues. Involvement and
participation of the police with a sympathetic commitment to social justice is the
clavis. The immane approach of the rich and powerful to their weaker
counterparts has to be countered with the strong-arm methods of the state
power through its tool of police.
CIVIL RIGHTS ENFORCEMENT
Civil Rights Directorates au reste the executive police bear the responsibility
of protecting the interests of the exploited races and castes of the society. Police
endeavor to guarantee strict enforcement of the provisions of The Protection of
Civil Rights Act, 1995 and the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act 1989 as amended from time to time and rules
thereunder, au reste keeping pernoctation on violations of constitutional
safeguards and protections to Scheduled Castes and Scheduled Tribes. Police
have responsibilities to give relief under rules and laws pertaining to bonded
labour, debt relief and land grants. They are duty-bound to trace the cases of
misrepresentation of castes to knock off the benefits given by the government
orders pertaining to reservations to these groups of the society. The
responsibilities of the police are to ensure that really weak and helpless among
these weaker sections get maximum benefits of the state protection and

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benevolence. The discreetness and circumspection needed to make this task of

social justice possible cannot be indited in law and has to be exercised by the
police by its own commitment to the cause of social justice.
ATROCITIES AGAINST WOMEN
Rape, unnatural offences, dowry harassments, abduction, kidnapping,
outraging modesty, eves teasing, marriage offences, causing forcible miscarriage
and forcing to prostitution are the most common outrages committed against
women by the more powerful men. The discrimination and exploitation
accounts for about 50% of the population committing injustices against the other
50% and for this reason assumes serious dimensions as a social malady. Unlike
offences against weaker races and castes, most offences against women are
punishable under the Indian Penal Code; rape and unnatural offences come
under sections from 375 to 377, abduction and kidnapping under sections from
364 to 369, marriage offences under sections from 493 to 498, outraging the
modesty under section 354, insulting the modesty under section 509 and forcible
miscarriage under section 314. The Suppression of Immoral Traffic in Women
and Girls Act, 1956 and its amendment in 1986 with rules thereunder deal with
offences relating to immoral traffic in women and girls. The Dowry Prohibition
Act, 1961 with its amendments of 1984 and 1986 and rules thereunder deal with
dowry harassments and dowry deaths either by homicide or abetment to
commit suicide caused against young girls by their husbands, in-laws and their
associates. The Criminal Law (Amendment) Act, 1983 (No.43/83) and The
Criminal Law (2nd Amendment) Act, 1983 (No.46/83) brought further
safeguards to women during the investigation and trial of offences under
immoral traffic and dowry prohibition acts. Dowry death cases have become
sensational topical issues these days with the public being highly sensitized to the
menace of the crime that delivers an innocent girl at the death’s door. Each such
case outrages the patience of thinking people and rouses passion and outcry
against the perpetrators of the crime. The police must give special importance
to the prevention and investigation processes of these crimes.
Social justice is a glidder concept that changes its hues with time depending
on prevailing social norms and social values. No age has a right to preconise its
own norms and values as absolute and peremptory. In this sense, every social law
is passe and peregrine beyond its immediate time frame. The deciduous nature
of social laws necessitates circumspect approach in their enforcement for the
reason that mens rea in the sense it is used in conventional offences may be absent
in these cases. The change of the face of social justice brings new social laws with
it. Police must go pari passu with these developments and differentiate between

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justice and injustice selon les regles in force at the time. Effective enforcement of
social laws reinforces reigning social norms and values by giving them the teeth
of law. How it is done depends on the commitment of the police to the cause
of social justice and equality.

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