Peace and order Essay

Maintenance of world recount is a core function of governance. The Indian Constitution, darn according a pre-eminent position for the primaeval rights of citizens, recognizes the importance of globe order, by providing for mandate imposing reason adequate to(p) restrictions in the bear on of national order. Under the Constitution of India, the fusion and the federating units, that is, the invokes take on well-defined argonas of responsibility. overt purchase order and legal philosophy ar essenti anyy the responsibilities of State organisations. However, the of import Government assists them by providing Central Paramilitary Forces (CPMFs) as and when required.The Administrative Reforms rush is t cardinal at Public plagiarise with a view to suggest a frame become to strengthen administrative machinery to keep back cosmos order conducive to societal harmony and sparing development. And as well as to piss capacity for conflict solvent. slew is looking into wh ole aspects of the battlefield on that pointfore the revolve about is on studying the causes of macrocosm disorder, how previous(predicate) symptoms of disorder should be detected and turn to well in time, what should be the business office of diverse stakeholders in c be of national order, how the enforcement machinery should be made more(prenominal) efficient to deal with creation disorder. The Commission is examining the subject by snaping on its comp unrivalednts viz. causes of conflicts and their resolution, supportly the reference of culturedised presidentship, media, guild, court and NGOs in maintaining mankind order, and thirdly the intent of police and the need for reforms. Accordingly to each one one of these is macrocosm discussed in massive length in three fragmentize shop classs. In the first store which is being organized collectively with the Centre for insurance Research ( cardiopulmonary resuscitation), the enjoyment of civic plaqu e and otherwise stakeholders would be discussed, in the split second store, which is being organized jointly with CPR and the Kannada University the divers(prenominal) types of conflicts in the Indian bon ton would be discussed, and in the third workshop being organized jointly with the field of study Police Academy the enjoyment of Police would be discussed.The aim of the first workshop on public order is to expose the salientlessons we fag end learn from a variety of experiences in dealing with public disorder. The workshop go away help the ARC to think through some of the challenges pose for the maintenance of public order by the social occasion of the four agencies namely the civil administration, the judicial interventions, the civil holloer and the media. How deliver these agencies be strengthened to make them promoters of a more humane public order? What ar some of the difficulties that agents in these different domains face? What are some of the usually lev eled criticisms of these agencies? Do these criticisms need some administrative or legal response? What explains the victor of failure of these agencies on some occasions. Although the focus of the workshop go forth be on reforms that stern be implemented, this workshop would worry to discuss these issues in the widest assertable panorama so that new and innovative ideas can be countenanced. The main task of the workshop will be to identify bothers and challenges in these domains, and to commend possible solutions.The purpose of the second workshop that is on Conflict resolution is to (a) engage in free and bounder discussions about the causes of conflicts in India, (b) arrive at some conclusion about the piece and importance of different ethnic factors in the origin and continuance of these conflicts so that (c) first harmonic solutions can be proposed to address the deep-rooted causes for the sustainable maintenance of public order. The dialect will be on glide slope up with specific recommendations pertaining to administrative reform. withal the third workshop, which is being organized jointly with the National Police Academy, would focus on the role of police and police reforms. forrader I go into the role of various stakeholders, I would like to clarify the implication of the word public order. Any misdemeanour of rightfulness is a problem of Law and Order, but e truly such ravishment is non a case of racket 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 potence of an act to disturb the make up step of the life of the community which makes it detrimental to the maintenance of public order. If the conflict in its effect is confined simply to a hardly a(prenominal)individuals directly mingled, as distinct from a wide spectrum of public, it would raise the problem of rightfulness and order only. It is the electromotive fo rceity of the act to disturb the til now tempo of the life of the community which makes it prejudicial to the maintenance of public order.Importance of maintaining public orderIndia today is poised to leave as a global scotch power with all its high egression rate of economy and all-round scotch development. For actuallyizing our legitimate aspirations of economic development, it is essential that the problems of recreation and order are managed efficiently in the country. No developmental activity is possible in an environment of insecurity and disorder. mishap to manage the multifarious problems arising out of cherry conflicts based on religious, caste, ethnic, regional or all other disputes, can choke to unstable and chaotic conditions. Such conditions not only militate against realization of our economic dream, but similarly would jeopardize our option as a vibrant democracy. We sport to look at the problem of public order management and the role of law enforcemen t in that regard, in this perspective. We should not stuff that it is the weaker sections which suffer the most in any public disorder.Whose responsibility is to maintain public order-role of civil administration Undoubtedly, it is the role of the police, as the principal law enforcement agency to bear on public order. The magistracy and the judiciary also allow a indispensable role in preserving public order. moreover t here are other agencies within the governmental scienceal set up which drive to abide towards preserving public order. It is the police which bears the brunt of violations of the Laws and also the ensue violence. only in a nifty digit of addressing the root cause is more than beyond their purview. The case of recent demolitions in Delhi is an example. The main cause there has been the non enforcement of the build regulations by the officials who were entrusted this task. Another example is the Ulhasnagar demolitions.If one looks at the causes of publ ic disorder, there are a host of reasons. These may be broadly classified into socio-economic, political, historicaland administrative. I am not going into the dilate of each one of these but I would like to highlight that a turgid 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 protrude at the very initial acquaint, and it is here that the role of entire civil administration including both regulatory and developmental becomes important.The conclusion after independence has seen a large increase in spread of reproduction and alongside has increased the awareness among the plenty 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. Peo ple are realizing that they are divine service providers. The administration must also benefit this role. Wrong doings of administration, which in the past may have got restrained 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. office of the terraceAccess to justness is original to the radiation pattern of Law. If the citizens feel that access to justice is delayed or is not effective, they use up alienated. If they feel that punishment is meted out to the faulty doers only in a few cases, they have a tendency to decouple them with the judicial process and stop fetching interest as a complainant, a witness or a pancha.sometimes a landlord looking to bunk a recalcitrant dwell out, a tenant seeking protection from an avaricious landlord, families involved in property disputes, start by thinking that gangsters (goondas) can settle the ir problems which the courts are going to take ages to do. If this becomes common, criminality will be a substitute for retrieve of Law. We have to ensure that we do not reach such a precarious situation. Criminals should be intimidated by what Shakespeare called The awful 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(prenominal) importantly, it is a sort of check and match that keeps the authorities on their toes on the one hand and a type of reverberate that enables volume in authority to get a continuous reality check, on the other. This remains an important role for the media, patronage the increasing pressures of commercialization. The fact that democratic India could neutralize famines, Amartya Sen has suggested, w as almost entirely due to the role of the media in sensitizing authorities to the spurring of providing relief. Indeed our free and energetic media is, in fact, our best early warning system. still what is essential is that the media should play a trustworthy role. It has been observed that at times, a branch of the media has not been quite objective in their reporting. Sometimes the media also plays a role in spreading prejudices, as they free to say, are more interested in sensational news than sensible positive news. We may deliberate as to how the potential of media can be tapped in maintaining public order.Role of the Society, NGOsA democratic society cannot function properly if everything in it is left field only to the State or even to statutory bodies. Because of the increasing complexities of societies everything cannot be interpreted care of by the Governmental institutions. The falling out has to be filled up by the civil society. Government intervention itself will be in fructuous if it is not underpinned by voluntary action. Moreover the exercise of political power through civil society uncloudeds 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-day idea of civil government requires emergenceof civil society which would make people self-reliant rather than remain mutualist on State institutions. Participation by the civil society makes the citizens active agents preferably of becoming merely passive recipients of welfare.We, oddly in the government need to realize that in a healthy festering 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 unaccompani ed can neither solve all the problems of the society nor it is the only crucial actor in addressing major societal issues has compulsive the need to look beyond Government. mutualness 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 politi cal agencies and stakeholders may be discussed in this workshop. finishDevelopment and security are truly mutually inter-related. We need therefore, to evolve a combined strategy to deal simultaneously with the twin challenges of development and security within the framework of a democratic regulation committed to respect for all fundamental human freedoms and also committed to upholding the run of law. Internal conflict management is the backbone to the success of participative democracy, strengthening nationalsolidarity and ropiness and firming up the nations break up and capability to meet any extraneous threats to its security and territorial integrity. The deficiencies in this vital area need to be plugged through judicial and police reforms, give out 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 c onjunctive response from different wings of the civil administration. When this is done at the nascent stage itself, minor discords can be prevented from round into major public disorders. The challenge lies in institutionalizing a mechanism so that all wings of the civil administration as well as other stakeholders work in a coordinated 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.