Police reform in Bangladesh requires a thorough examination of police organization, mandate and functional dynamics. It also highlights the need to establish effective structures to oversee police performance and ensure the achievement of the organizational mission. The reform process must touch all levels and be inclusive, requiring commitment and a sense of purpose from the political executive, as it is fundamentally a redetermination of the entire governance paradigm.

Any organization, whether public or private, can only be successful if it is founded on valid organizational principles. In the case of the Bangladesh Police, these principles have not been followed over the years, resulting in a corrupt, ineffective and highly politicized force. Increasingly, the police have become agents of the political executive rather than an instrument of a democratic state. Selective application of the law against opponents, whether political or personal, at the behest of influential individuals, has become the norm rather than the exception. People perceived the police as agents of the ruling party and not as members of an organization publicly tasked with upholding the rule of law.

The key question for reform is: what type of organization will the Bangladesh Police need to meet the law and order challenges of the 21st century? Initially, responsibility for maintaining public order must fall unambiguously on the police. The police hierarchy must be responsible not only for the organization and internal administration of the force, but also exclusively for all matters relating to the maintenance of public order. In short, police operations should no longer be subject to overall control and direction from outside the police department.

Measures will be necessary to make the police professionally competent, operationally neutral, functionally coherent and organizationally accountable for all their actions. This in turn will lead to effective police operations, better decision-making, better discipline within the police force and an overhaul of accountability mechanisms. The role, duties and responsibilities of the police must be oriented to give priority to the service function, ensuring that the prevention and detection of crime meets a social objective. The reform strategy should seek to solicit the voluntary support and cooperation of the population.

The sole objective of the police is to enforce the laws of the land without fear or favor towards anyone. It is therefore crucial to make the police politically neutral. Such neutrality has been achieved in other countries by placing the police under apolitical control, thereby creating a buffer between political opportunism and law enforcement. Without such a buffer, influential individuals will never allow the police to carry out the tasks assigned to them.

Police accountability is a subject of great contemporary importance. The increasingly sophisticated range of coercive, scientific and technical devices available to police requires stricter accountability controls. Bangladesh urgently needs statutory commission institutions like the Independent Police Complaints Authority in Britain or the Public Safety Commission system in Japan. In Britain, the independent Police Complaints Authority is made up of members of civil society and has a mandate to investigate serious complaints against the police. One of the most important functions of Japan’s public safety commission system is to ensure that police operations do not remain influenced by the ruling party. Apolitical public safety commissions at the national and regional levels are designed to protect police from the debilitating effects of political control.

Historically, policing in Bangladesh has largely been a one-sided affair, with communities having little or no say in the local policing plans and strategies that most affect them. The idea that “the police are the people and the people are the police” has not yet taken root in the region. Unfortunately, the Police Act of 1861 was silent on the issue of community consultation. Instead, it focused on the responsibility of communities to ensure order, with the entire community facing collective punishment if any of its members failed to follow the rules.

For some time, senior police officials have been reluctant to recognize the need to view police forces as organizations fundamentally similar to any other business or enterprise. The police organization must therefore develop a common vision and understanding of a common mission increasingly focused on meeting the expectations of the community.

The first thing to do is pass a new police law to replace the current archaic legislation enacted in 1861. This law is weak in almost every parameter that governs democratic police legislation. It is now easier for others to abuse and misuse the police organization. Those in positions of power were able to do this because the law grants the government the power to exercise control over the police without defining the term “superintendency” or prescribing guidelines to ensure legitimate use of the power. The law does not establish institutional arrangements to protect the police from unwanted external controls, pressures and influences. It also fails to recognize the government’s responsibility to establish an effective and efficient police force. Furthermore, it does not require the setting of performance targets or standards, nor does it establish independent mechanisms to monitor and inspect police performance.

The goal should be to establish a police force subject to the rule of law rather than the whims of the ruling party. The police should only intervene in the lives of citizens in limited and controlled circumstances and must be held publicly accountable.

Historically, policing in Bangladesh has largely been a one-sided affair, with communities having little or no say in the local policing plans and strategies that most affect them. The idea that “the police are the people and the people are the police” has not yet taken root in the region. Unfortunately, the Police Act 1861 was silent on the issue of community consultation. Instead, it focused on the responsibility of communities to ensure order, with the entire community facing collective punishment if any of its members failed to follow the rules.

An ineffective and outdated administrative legacy undermines reforms supported by numerous national and international expert missions. For too long, the fundamental functioning of policing has remained unchanged. What is needed is to make improving the quality of law enforcement a permanent and integral part of the national agenda.

Enlightened and determined political leadership, high levels of public support and a motivated and well-led public sector are essential for change. Equally, if not more important, a civil society that demands and supports higher standards of police performance is essential to reform.

The central question today is not what the police do, but why they do what they do. It’s time to make the police work for the people.

Over the past several decades, thought leaders have responded to the growing policing crisis using traditional approaches. They blamed police officers, protested abuses of authority and corruption, and criticized the police without showing the will or support to change their thinking.

The debate over police reform appears to attract a broader and more serious audience. These issues are the subject of focused and sustained attention in the media. If the goal is to make quality policing a way of life, then we must start by restructuring the existing policing framework. The police officer must be transformed into a responsible public servant providing essential services to the community. The existing police setup must be replaced with a system that strives to be user-friendly. There must be a shared sense of mission and clearly understood organizational goals, as well as the inclusion of citizens in police decision-making processes.

Mohammed Nurul Huda is a former IGP of Bangladesh Police.

The opinions expressed in this article are those of the author.

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