The background of Police Act 1861 is instructive. Sir Charles Napier established the Sindh police on the pattern of the Irish Constabulary in 1843. The Irish Constabulary model was devised by the British Empire to quell the discontentment that the Irish population displayed to the centralised rule of Westminster. The model was predicated as the only manner that the empire knew of maintaining order i.e. using barbaric force on the indigenous populace under the assumption of according them subhuman status. The British Empire was sufficiently satisfied with Napier’s efforts in Sindh to set up a Police Commission in 1860 with the mandate of establishing a common system of policing on Napier’s model across the empire. The British were not convinced about the efficacy of the system at home and continued with Metropolitan Police Act 1929 in the United Kingdom. In the British home-grown model, the police had (and still have) very little administrative function, being encouraged to liaison with the local citizenry and perhaps most significantly being a purely civilian enterprise. On the contrary, the major policy directive to the Police Commission of 1860 was that “though the duties of the police should be civil, not military, the organisation and discipline of the police should be similar to those of a military body”. Commissioned police officers and deputy commissioners were, almost without exception, British. The system relied on the iron administration of force upon the ‘bloody Indians’ to ensure the maintenance of order. The presumption was of a hostile native population. The single most noticeable feature of the model is the contempt for the native.
The DC was a mini viceroy of sorts. He was the most visible manifestation of the empire, having powers as wide-ranging as district administration, revenue collection, maintenance of public order and judicial magisterial function. The officers were trained to distance themselves from the public, and even now many bureaucrats take ridiculous pride on how they have managed to serve for decades without mingling with the ordinary citizen. They especially revel in the pedantry of being rude to the elected representatives of the people. The DC would have made Plato proud as the embodiment of the convergence of decision-making in the ‘philosopher king’. And now it seems he is back (since the DC was very rarely a ‘she’).
The purpose of giving this rather tortured historical background is to emphasise our masochistic desire of re-enacting colonial, imperial grandeur. The fact that the system was fundamentally designed to oppress us does not bother us. Paulo Freire, in his unbelievably dazzling Pedagogy of the Oppressed, writes, “during the initial stage of the struggle, the oppressed, instead of striving for liberation, tend themselves to become oppressors, or ‘sub-oppressors’.... Their ideal is to be men; but for them, to be a ‘man’ is to be an oppressor. This is their model of humanity”. Similarly, for us, the DC represents the viceroy in all his vile glory. The colonial mansions are designed to alienate. The local labour councillor, on the other hand, represents the commoner having a modicum of authority and recognition, and deep down the state finds this uncouth to the point of being unbearable. The DC brings stability to the system, albeit at the expense of fairness.
The objective of the move is to establish the comfortable martial law system again, only this time around the military is not intended be in charge, at least not yet. The present government has to be praised for making a decent effort for devolving decision-making to the provinces, and the next logical step in this trajectory should have been according more power to the grass-roots community level. Instead, we decided to take an incredible 150-year leap backwards. The insidious part of these schizophrenic policies is the concentration of tremendous power to unelected bureaucrats, trained in the colonial tradition.
The police, even post-2002, has innumerable flaws and is in grave need of reforms. However, the answer does not lie in reverting to a pre-industrialisation and urbanisation colonial model. The Metropolitan Police model, which entails the police commissionerate system, has been adopted in India and Bangladesh with relative success, the most obvious example being the significant containment of the Mumbai underworld. Our extraordinary circumstances require the conferment of necessary magisterial powers of maintenance of law and order to a professional and accountable police force under an efficiently implemented police commissionerate system. The police need to be empowered so as to make them independent and to ensure that accountability mechanisms are enhanced. However, isolating the local police from the public and subjugating them to the oversight of an unelected revenue civil servant instead of an elected representative is demagogical. The trite saying ‘what goes around comes around’ is an apt description of the recent move. It seems that after 170 odd years, Sir Charles Napier is back in Sindh with a vengeance.
Published in The Express Tribune, July 13th, 2011.
COMMENTS (16)
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ
ha ha! After yesterday's government by ordinance, it seems we have taken another great leap forward or is it backward, iam quiteconfused! The governor of sindh should be known as CMLO...Cancel My Last Ordinance!
Sir,
Your analytical ability is sharp as a surgeons scalpel and deep perspective that of a historian!
I will train my son to be a lawyer!
informative...
In other words, with all his powers the District commissioner is like a mini-Khalifa but not quite. It's time to bring this 1861 law up to date in line with the Islamic precepts of the state. Each DC should be vested with religious authority too and then it will be more difficult to challenge the move by those western stooges/ democracy worshippers! The people will welcome it with open arms and we will have peace and prosperity in our time.
the average readiing and comprehension skills of our leaders will make this article sound like french to them.
until and unless the police and the work of police is completely depoliticized, no matter how modern the Police Act is, it will be an utter failure.
Fantastic article as always. our fascination with colonial masters and by extension their heirs like the army and the bureaucrats is a major reason of our failure. For anyone who says that the British police was not brutual, i have two words Jalianwala Bagh. The british police and the army worked on the model of repression and it seems that our bureacracy and army have inherited that.
A city governed not by its citizens - by its own laws and its own system - is not a city - it is a colony held by foreign powers. The result naturally will be violence.
Excellent piece
The great leap backwards was when the religious barbarians forced pakistan's name to be altered by the addition of the term 'islamic' ,that day our state allowed religion to interfer in the matters of the state and jinnah's dream died that day.When we allow a religion to dictate how the govt. runs its affairs ,then we hand over all power to the bearded ones who then spread their hatefilled homophobia and misogyny throughout our society.
The system of 1861 was a response I assume to the 1857 Mutiny? The British did a lot of barbaric things to put it down! This was not the time of Ripon, which came decades later. Indian scholars have been studying how different ways the British ran the system affected development thereafter. For instance there is a reason why West Bengal, Orissa, Assam are so poor. They were under direct colonial rule the longest. There is a reason why Kerala is better off, it had indirect rule under progressive leadership and then the Leftist government did further improvements. Depending on the type of British rule some regions did better than others.
Brilliant article. No progress is possible without empowerment of the grass root level through local government.
Peccavi!
While I agree that the 1861 Police Act should not have been reimposed in such a fashion, I do disagree with your historical analysis. First, let us not make Sir Charles Napier the bad guy here; he also did a lot of good for Sind. Secondly, the Police Act was peculiar to its conditions and so cannot, and should not, be judged from a modern prespective. In 1861 the British were still suspicious of Indians and so governance needed such strong control (and let us not forget that this model as even followed in England initially). Thirdly, and perhaps most importantly, one should be careful in using phrases like, 'using barbaric force on the indigenous populace under the assumption of according them subhuman status,' 'contempt for the native,' and the like. These are very loaded words, and historically tenuous at best. In a country like Pakistan where people rarely read history, I would be careful in feeding them such strong, and in my opinion, wrong, assessments--attitutes and actions are rarely as black and white as your comments suggest. Also, for the record, the police force had locals much before any of the other services!
We done Mr Ijaz. i must appreciate ur well researched writting.
You are awsome, sir. I envy your range and depth in the topics you choose.