Incidents in Odisha and Himachal frame the sense of entitlement of the powerful. Action must be taken; no one is above the law
- Political Patronage: A nexus between politicians and administrative officials often ensures impunity. Officials who act at the behest of their political masters are shielded from accountability, creating a culture where laws can be flouted without consequence.
- Colonial Hangover: The Indian bureaucracy and police system still retain a colonial mindset of being ‘rulers’ rather than ‘servers’. This creates a psychological distance from the common citizen, who is often viewed as a subject rather than a rights-holder.
- Weak Accountability Mechanisms: Internal departmental inquiries are often slow, non-transparent, and prone to favouring the accused official. The lack of independent and empowered oversight bodies, such as a robust Police Complaints Authority in every state, exacerbates the problem.
- Stalled Reforms: The non-implementation of crucial reforms, such as those recommended by the Supreme Court in the Prakash Singh case (2006) for police autonomy and accountability, has allowed the status quo to persist.
- Procedural Hurdles: Provisions like Section 197 of the CrPC, which require prior government sanction to prosecute a public servant, are often used as a shield to delay or deny justice.
- Delayed Justice: The slow pace of the judicial system means that even when cases are filed, they languish for years. This delay erodes the deterrent effect of the law and emboldens potential offenders.
- Lack of Witness Protection: Citizens who dare to complain often face intimidation and harassment, with inadequate legal frameworks to protect them.
- Pervasive VIP Culture: Society’s glorification of power and status has normalised a ‘VIP culture’, where influential individuals expect to be treated as above the law. This hierarchical mindset permeates public institutions.
- Erosion of Ethical Values: A decline in foundational values like empathy, integrity, and compassion in public service is a critical issue. Training often focuses on procedural knowledge rather than ethical conduct and emotional intelligence.
- Public Apathy and Fear: A general sense of helplessness and fear of reprisal often prevents citizens from reporting abuse, creating a vicious cycle of impunity.
- Implement Police Reforms: Urgent and sincere implementation of the Supreme Court’s directives to ensure operational autonomy for police, fixed tenures for police chiefs, and the establishment of independent Police Complaints Authorities at the state and district levels.
- Strengthen Internal Vigilance: Overhaul departmental inquiries to make them time-bound, transparent, and fair. The use of technology like body cameras for law enforcement can act as a significant deterrent and an evidence-gathering tool.
- Reform Civil Services: Initiatives like Mission Karmayogi must be strengthened to shift the focus from a rule-based to a role-based governance model, emphasizing a culture of ‘Seva’ (service).
- Review Sanction Provisions: Amend provisions like Section 197 CrPC to ensure they do not become a blanket shield for corrupt or abusive officials, especially in cases of blatant human rights violations.
- Fast-Track Trials: Establish special fast-track courts to deal with cases of assault and abuse of power by public servants to ensure swift justice.
- Enact Witness Protection Law: A robust, centrally enacted witness protection law is essential to protect and empower citizens who stand up against authority.
- Value-Based Training: Integrate ethics, empathy, and constitutional morality into the training curriculum for all public servants, from recruitment to mid-career stages.
- Dismantle VIP Culture: Lead by example from the highest levels of government to curtail ostentatious displays of power and privilege.
- Citizen Empowerment: Promote social audits, strengthen the Right to Information (RTI), and empower civil society organisations to act as effective watchdogs.
