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The crime of not registering cases
By Maxwell Pereira
mfjpkamath@gmail.com
The
police often try to show a lower crime rate by burking. There
is need to implicate erring police officials
On Friday, January 27, 2006, the Supreme Court deigned to issue
notices to two senior police officials of Uttar Pradesh —
the SSP Ghaziabad and his Station House Officer, Vijay Nagar police
station — for not filing an FIR in a kidnap case. It treated
the plea of a distraught and sobbing mechanic as an habeus corpus
petition.
There
is an interesting page in Google's cache of http://ncrb.nic.in/faq.htm
as retrieved on 23 January, 2005, on which is available the NCRB's
(National Crime Record Bureau) FAQ section with answers to queries
from a police officer from one of the States. One of the queries
is, “In my State I have ensured free registration of cases.
In other States there is large scale burking. It is not fair to
go by crime rate, as free registration has led to increase in
crimes reported. What mechanism do you have to ensure a balance
in it?”
The
NCRB’s answer: “Every State ensures free registration
of crimes. Burking of crime is neither permitted nor possible
in a society where envisioned public and media are alert and act
as watchdog. No one can claim that free and fair registration
has led to increase in crime rate. On the contrary, ‘‘transparency”
is maintained in crime reporting. Surveys such as ‘‘crime
victimisation’’ at the state and national levels shall
ensure a balance and can estimate the number of un-reported serious
crimes.
How
very utopian! If it were true, would the state of affairs concerning
‘‘registration of crime’’ have reached
such nadir as to warrant the highest court's intervention! The
worst plague afflicting the police, in reality, is the rampant
malady of non-registration of crime. Commonly referred to as burking
in police parlance, this is something all police departments in
the country suffer from.
‘‘Free
registration’’ is an expression that one hears in
police circles whenever a freak police chief makes it known that
those found ‘‘burking’’ will face disciplinary
action. The Delhi police had its share of good officers —
R D Pandey, Nikhil Kumar, and some others, who concentrated on
solving crime than bothering about increased statistics. Only
to be cried down in the media, where sensationalising the increased
numbers merited more than the quality of policing the citizens
enjoyed. To the politician and the government in power, increasing
statistics are always a bother to answer in Parliament. Inevitably,
such odd chiefs get shown the door quickly, mainly to reinforce
the message that ‘‘free registration’’
and politics cannot go together.
So
the Indian police have a positively bad record for ‘‘burking’’
(a favourite expression now to describe ‘‘covering
up’’ or ‘‘burying’’: the choice
word that had its origins in describing a unique form of committing
murder). Burking helps massage statistics so that they look respectable
and uneventful. Police performance evaluation needs to be gauged
by the sense of security the citizens enjoy. Judging it solely
on the basis of crime statistics is inadequate. This encourages
the extremely undesirable practice of refusing to record and investigate
crime. It also fails to give a true picture of the state of law
and order — often leading to disastrous consequences.
When
every aspect — political uncertainty, socio-economic factors
like caste and religion, growing disparity between haves and have-nots,
and particularly the growing population — is conducive to
growth in crime, there is no explanation for any downward slide
in the crime graph attempted constantly to project to a nigh cynical
populace by those in the chair, as their measure of success.
Against
this background, now the matter before the Supreme Court: It is
time the Government is asked the specific measures it can take
to ensure that citizens are not deprived of their basic right
to have complaints registered and investigated. Unless such drastic
measures are contemplated, there is no hope.
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