Peace and order Essay

Maintenance of earth parliamentary procedure is a core blend in of governance. The Indian Constitution, while according a pre-eminent spotlight for the fundamental rights of citizens, recognizes the importance of mankind order, by providing for legislation imposing credible restrictions in the interest of creation order. Under the Constitution of India, the Union and the federating units, that is, the invokes amaze well-defined atomic come 18as of responsibility. Public Order and Police argon essenti everyy the responsibilities of State policy-making relations. However, the Central Government assists them by providing Central Paramilitary Forces (CPMFs) as and when required.The administrative Reforms Commission is looking at Public Order with a attitude to suggest a framework to strengthen administrative machinery to master(prenominal)tain macrocosm order conducive to social harmony and scotch development. And too to progress to capacity for conflict resolution. r elease is looking into all aspects of the subject thus the focalization is on studying the causes of public derangement, how early symptoms of disorder should be detected and addressed well in time, what should be the role of diverse stakeholders in aid of public order, how the enforcement machinery should be made more(prenominal) powerful to deal with public disorder. The Commission is examining the subject by focusing on its comp whiznts namely causes of conflicts and their resolution, secondly the role of well-be defecated system, media, guild, court and NGOs in maintaining public order, and thirdly the role of practice of law and the need for reforms. Accordingly each hotshot of these is being discussed in great length in three crack up shop classs. In the first workshop which is being organized jointly with the focus on for Policy Research (CPR), the role of well-mannered administration and other stakeholders would be discussed, in the second workshop, which is being organized jointly with CPR and the Kannada University the antithetical types of conflicts in the Indian Society would be discussed, and in the third workshop being organized jointly with the National Police Academy the aim of Police would be discussed.The aim of the first workshop on public order is to identify the salientlessons we stomach learn from a mixture of experiences in dealing with public disorder. The workshop go away help the ARC to think through nearly of the challenges posed for the maintenance of public order by the role of the four agencies namely the polite administration, the legal interventions, the civil golf-club and the media. How cigarette these agencies be strengthened to make them promoters of a more humane public order? What atomic number 18 some of the difficulties that promptors in these variant domains face? What atomic number 18 some of the commonly leveled criticisms of these agencies? Do these criticisms need some administrativ e or legal response? What explains the succeeder of failure of these agencies on some occasions. Although the focus of the workshop will be on reforms that can be implemented, this workshop would like to discuss these issues in the widest realizable sight so that new and innovative conceits can be countenanced. The main problem of the workshop will be to identify problems and challenges in these domains, and to pep up possible solutions.The purpose of the second workshop that is on Conflict resolution is to (a) need in free and frank discussions about the causes of conflicts in India, (b) arrive at some conclusion about the role and importance of different ethnical factors in the origin and continuance of these conflicts so that (c) fundamental solutions can be proposed to address the deep-rooted causes for the sustainable maintenance of public order. The emphasis will be on coming up with specific recommendations pertaining to administrative reform. likewise the third worksh op, which is being organized jointly with the National Police Academy, would focus on the role of police and police reforms. Before I go into the role of various stakeholders, I would like to clarify the meaning of the account book public order. Any violation of justice is a problem of justness and Order, but every such violation is not a illustration of disturbance of public order. The dividing line between Public order and Law and Order is very thin. The Apex Court has explained the concept of public order. It is the capableness of an act to disturb the redden tempo of the life of the community which makes it prejudicial to the maintenance of public order. If the contravention in its effect is hold in only to a fewindividuals directly involved, as distinct from a wide spectrum of public, it would raise the problem of law and order only. It is the potentiality of the act to disturb the even tempo of the life of the community which makes it prejudicial to the maintenance of public order.Importance of maintaining public orderIndia today is equanimous to emerge as a global economic power with all its high growth rate of economy and all-round economic development. For realizing our authentic aspirations of economic development, it is essential that the problems of peace and order argon managed efficiently in the country. No developmental activity is possible in an environment of danger and disorder. Failure to manage the multifarious problems arising out of violent conflicts based on religious, caste, ethnic, regional or any other disputes, can lead to fallacious and chaotic conditions. Such conditions not only militate against realization of our economic dream, but also would jeopardize our survival as a vibrant democracy. We adopt to look at the problem of public order perplexity and the role of law enforcement in that regard, in this perspective. We should not forget that it is the weaker sections which get together the most in any public disorde r.Whose responsibility is to maintain public order-role of civil administration Undoubtedly, it is the role of the police, as the principal law enforcement position to preserve public order. The magistracy and the judiciary also ingest a vital role in preserving public order. But there are other agencies within the governmental set up which have to put forward towards preserving public order. It is the police which bears the brunt of violations of the Laws and also the ensuing violence. But in a large number of addressing the root cause is much beyond their purview. The movement of recent demolitions in Delhi is an example. The main cause there has been the non enforcement of the building regulations by the officials who were entrusted this task. Another example is the Ulhasnagar demolitions.If one looks at the causes of public disorder, there are a host of reasons. These may be broadly classified into socio-economic, political, historicaland administrative. I am not going int o the details of each one of these but I would like to highlight that a large number of public disorders have administrative reasons as their root cause. Therefore we have to bring in change in our mindset. Our response to public disorder should commence at the very initial stage, and it is here that the role of stainless civil administration including both regulatory and developmental becomes essential.The period later on independence has seen a tremendous increase in spread of precept and alongside has increased the awareness among the sight and so also the aspirations. And when these aspirations are not met, tensions prevail within the society, which if not redressed have the potential of erupting as a problem of public disorder. Increasingly, and rightly so, administration is not being perceived as a ruling class. People are realizing that they are service providers. The administration must also realize this role. Wrong deportment of administration, which in the past may ha ve got muted acceptance, are no longer being tolerated by the civil society. We have to provide an administration which is fair, objective and transparent. How to achieve this is a challenge before us.Role of the JudiciaryAccess to justice is fundamental to the Rule of Law. If the citizens feel that access code to justice is delayed or is not efficacious, they get alienated. If they feel that penalisation is meted out to the wrong doers only in a few cases, they have a tendency to disassociate them with the judicial process and stop pickings interest as a complainant, a witness or a pancha.sometimes a landlord looking to get a recalcitrant inhabit out, a tenant seeking protection from an avaricious landlord, families involved in property disputes, start by thinking that gangsters (goondas) can settle their problems which the courts are going to take ages to do. If this becomes common, criminality will be a substitute(a) for Rule of Law. We have to ensure that we do not take su ch a precarious situation. Criminals should be intimidated by what Shakespeare called The noble majesty of the law, other wise they will become a law unto themselves. Various Law Commissionshave suggested reforms in the criminal and civil justice administration system, which need to be acted upon.Role of the mediaThe importance of a free press, for a healthy democracy cannot be overemphasized. More importantly, it is a sort of check and balance that keeps the authorities on their toes on the one hand and a type of mirror that enables people in potency to get a continuous reality check, on the other. This remains an important role for the media, despite the increasing pressures of commercialization. The fact that participatory India could avoid famines, Amartya Sen has suggested, was just about entirely due to the role of the media in sensitizing authorities to the spur of providing relief. Indeed our free and energetic media is, in fact, our best early ideal system.But what is essential is that the media should play a responsible role. It has been observed that at times, a part of the media has not been quite objective in their reporting. Sometimes the media also plays a role in spreading prejudices, as they uncalled-for to say, are more interested in sensational news than healthy constructive news. We may deliberate as to how the potential of media can be tapped in maintaining public order.Role of the Society, NGOsA elected society cannot function properly if everything in it is left only to the State or even to statutory bodies. Because of the increasing complexities of societies everything cannot be taken care of by the governmental institutions. The gap has to be filled up by the civil society. Government intervention itself will be in fructuous if it is not underpinned by willful action. Moreover the exercise of political power through civil society opens the way for democracy in real sense of the term. Civil society consists of open and secular institutions that mediate between the citizen and the State. In the absence of civil society, the State machinery and civil servants becomes the dominant and the only repository of power. The modern idea of civil government requires emergenceof civil society which would make people self-reliant rather than remain dependent on State institutions. connection by the civil society makes the citizens active agents instead of becoming and passive recipients of welfare.We, especially in the government need to realize that in a healthy growth model of a free democratic society, the Government is just one of the participants. The Government exists as one of the servitors in the service of the society. Indeed the awareness that government alone can neither solve all the problems of the society nor it is the only crucial actor in addressing major societal issues has dictated the need to look beyond Government. interdependency and need to find solutions to societal problems call for greater collaboration between the government and civil society.A large number of Non Governmental organizations (NGOs) are working in the developmental fields. But the number of such NGOs dedicating themselves to preservation of public order is limited. We can perhaps learn from experiences of some of these NGOs and recommend measures to pave the way for their greater involvement.Role of the PoliceI should have taken up the role of police first, as they are the main actors in this process. But as I have mentioned that we will be discussing this issue at great length in the third workshop, which we are organizing at the National Police Academy. But I would suggest that aspects of police administration which require interaction with other governmental agencies and stakeholders may be discussed in this workshop.ConclusionDevelopment and security are truly inversely inter-related. We need therefore, to evolve a combined strategy to deal simultaneously with the twin challenges of development a nd security within the framework of a democratic polity committed to respect for all fundamental human freedoms and also committed to upholding the rule of law. Internal conflict management is the key to the success of participative democracy, strengthening nationalsolidarity and cohesion and firming up the nations disband and capability to meet any external threats to its security and territorial integrity. The deficiencies in this vital area need to be plugged through judicial and police reforms, better citizen participation in governance, transparency and more effective and integrated approach to public order maintenance.Violations of public order, given their socio-economic, political and administrative causes demand a concerted response from different fly of the civil administration. When this is done at the nascent stage itself, minor discords can be prevented from turning into major public disorders. The challenge lies in institutionalizing a mechanism so that all wings of t he civil administration as well as other stakeholders work in a merged fashion. I hope that these two workshops would be able to come up with substantial recommendations for a framework and a roadmap for maintaining public order.