Following the 1857 revolution and its unsettling impact on the colonial rulers, in 1861 the British established the police as an organised institution in India, not to serve the people but to protect, perpetuate and consolidate their oppressive rule in the country. In 1902, the Indian Police Commission admitted that the police force had utterly failed to secure the confidence and cordial cooperation of the people.

Today, more than hundred years since this observation and over seventy years since India’s independence, not much has changed in India’s police system. New enactments have been patterned on the model of the old 1861 legislation. Even though the state of Uttarakhand is rather young, the policing story has been much the same. “The public at large is convinced that a policeman can get away with anything – from being rude, unresponsive and negligent, to being corrupt and murderous,” notes Commonwealth Human Rights Initiative (CHRI) in its report on police accountability in the State.

There has existed an urgent need for external oversight and redressal for greater police accountability. However, more than a decade after its establishment in 2008, the Uttarakhand Police Complaints Authority has been a big let-down, having failed to set any positive precedents or benchmarks, showing an abysmally poor record and quality of implementation and having been unsuccessful in meeting its objective.

People’s awareness about even the existence of Police Complaints Authority (PCA) in Uttarakhand is nearly nil. When the State PCA was first established, the newly appointed chairperson conducted a Press conference. From its consultations with various civil society organisations and people in the state, The Pioneer found that the PCA has since not made any further attempts to spread awareness about its existence and how people can make use of its services. Why are there no posters or boards near police stations and at prominent public places and roads? Why are there no public interest advertisements to spread information on the authority? Why are there no awareness programmes around it? These are key questions that members of the authority fail to answer.

Speaking to this correspondent on this matter, a high-ranking official of Uttarakhand police commented anonymously, “Passionate people are not being appointed as members and chairman of PCA in Uttarakhand. When the authority will be run by retired government officers whose main goal is to enjoy government benefits like official cars and remuneration, how can the body function successfully?”

The overall balance of the authority is tilted in favour of retired government functionaries, who may or may not bring about the desired autonomy to the body. Until one year ago, there were no comprehensive objective selection criteria nor any independent selection panel to select any of the members, thereby defeating any semblance of openness, objectivity in selection or independence.

Last year, the government enacted the Uttarakhand Police (Amendment) Act, 2018 providing that the chairperson of the State PCA shall be a retired judge of the Supreme Court or High Court and this appointment may be made by the State Government only from among the panel of retired judges suggested by the Chief Justice of the High Court. The appointment of the members of the State PCA shall be made by the State government from the panel of names prepared by the State Human Rights Commission/ Lokayukta/ State Public Service Commission.

A retired IAS officer, instead of a retired judge, had been officiating as the chairman of State PCA.  Since his retirement, for the last two weeks, the post of chairperson of the State PCA has been lying vacant. It is to be seen as to when the authority will appoint its chairperson and how dynamic and independent the incoming head of the body will be.

“The complaints authority must promote the complaints procedure and take positive steps, using modern media, to make the general public aware of the complaints system and how to record a complaint. At the bare minimum, the public needs to know about the authority: what it is, where it is located, who the members are and how the public can access the authority. The public also needs information about the complaints system. It should be available when and where it may be needed. Proper publicity can make the mission a success. Both print and electronic media should be roped in for proper advertising. District administrations should also be given informational pamphlets and resource material for mass distribution in the districts. Authority members should travel to all the districts to publicise the mandate, the working of the authority, and how to go about making a complaint,” recommends CHRI.

Meanwhile at the two-storey office of State PCA in Dehradun, there is no separate room for waiting complainants or policemen who come to depose. The washroom open for visitors is shoddy and unclean. The authority does not have a website either. The state police website mentions other relevant web links such as the State Lokayukta and Home Ministry but does not mention the PCA as one of the bodies where complaints could be made against the police.