The true face of democracy?

In operation, the idea of democracy in India has been disappointing. Democracy, with its “for the people, by the people and of the people,” description, has been disappointing in India, with people across the country distressed by the ineffectiveness and incompetence of institutions like the police, courts and the administrative machinery.

The “protectors” of our basic human rights, as well as our constitutionally guaranteed fundamental rights, misuse their power to suit their individual interests. In carrying out their duties, they often forget an individual’s right to live freely and fairly, and also their right to constitutional remedies, thereby violating their human rights.

There have been numerous instances where Indians have been denied their fundamental rights, a classic example of which would be when the Emergency was declared by then Prime Minister Indira Gandhi in 1975. Police were given unwarranted power and the press was gagged, with its right to freedom of speech and expression taken away. This period changed the entire perception of democracy in the minds of people.


Severe laws like the Armed Forces Special Power Act (AFSPA) and the Maharashtra Control of Organized Crime Act (MCOCA) have given such institutions unimpeded power which have resulted in repeated acts of human rights violations.

In 1958, then President of India Rajendra Prasad gave his assent to the notorious Armed Forces (Special Powers) Act(AFSPA). This act deemed the states of North-East India “disturbed areas,” and vested the armed forces with powers to destroy structures on suspicion, enter and search premises and also arrest persons without warrant, detain and interrogate them, and use force even to the extent of causing death on mere suspicion. Moreover, no legal action can be taken up against these forces without prior sanction from the Union government.

A democracy is one in which the judiciary is the supreme power, but this law negates the entire idea by allowing the armed forces to be their own judge. The provisions of this act establish the executive’s lack of faith in the judiciary, and mar its power.

Initially sanctioned to combat terrorism, actions in accordance with this act now compromise on human life and dignity. If law enforcement forces resort to such violation of human rights, to fight which had been the central reason for its enactment, it would leave no difference between them and the terrorists.

The extensive misuse of the act calls for something more humane. For the repeal of this law, Irom Sharmilla has been on an 11-year-long hunger strike in the state of Manipur for which she was detained and force-fed. Though she has gained recognition and awards for her sacrifice and determination, it is the likes of Anna Hazare who receive utmost media attention. In spite of such atrocities being committed in the North-East, the country remains oblivious to these undemocratic practices.

The Maharashtra Control of Organised Crime Act (MCOCA), 1999, was enacted at a time when the economic capital of India saw an outbreak of organized crime and became the centre of criminal activities like the murder of business tycoons, extortion and abduction. Although it was then believed that the act provided sufficient provisions to prevent its misuse, they clearly are not enough any longer. The MCOCA is now misused by the police for their own personal gain. False cases are registered and the pleas of those accused are turned a deaf ear to.

When we think about the police, we think about security and maintenance of law and order in our societies. A force which once served as a source of moral strength has now deteriorated in standard and quality of work. Today, corruption plagues the police administration. Under political pressure or following their own judgments, policemen use their positions of power to benefit their own selves. They take a considerable amount of time in disposing cases, though here, the slow pace of the judiciary shares the blame as well. Such is the state of the police administration in our democracy that we rarely see cases being cleared without money exchanging hands.

Forces such as the Central Reserve Police Force (CRPF), established under the Central Reserve Police Force Act of 1949, and the Border Security Force (BSF) play a vital role in the Indian context of democracy. The CRPF are deployable throughout the country, serving as a backup for the state police forces for when situations get out of control. They assist the state and/or union territories in maintaining law and order and contain insurgency. BSF guards the borders with a commitment to promote a sense of security among the public and prevent transborder crimes. It has diversified its role in order to contain insurgency in Jammu & Kashmir and the Northeast.

In the course of performing their duties, these forces often resort to immoral and barbaric means. While trying to maintain order in Kashmir, the CRPF has been brutal in carrying out its tasks which involve firing at civilians and the youth. Also, in a recent video, BSF personnel were seen calmly torturing a cattle herder as they believed that he was illegally trying to cross over the India-Bangladesh border. In spite of evidence being produced, such violations are often denied by these forces and the perpetrators of such coldblooded crimes go scot-free.

The involvement of our security forces in such cases of fake encounters, random firing at civilians, rape and assault cases makes one wonder how democratic the world’s largest democracy genuinely is. What hope does it leave the citizens with if the upholders of our rights are the ones violating them?

Originally published in The SoftCopy