Experts talk | Renuka Mishra, DG State SIT, UP: What does wearing a police uniform mean? (Part I)

Manas: You are leading the State Special Investigation Team (SSIT) of the UP Police. Police officers in investigating roles are often confronted with ethical issues during the investigative process. What are the ethical issues in investigation and what can be the solutions to unethical police conduct or “ethical dilemma” in the investigation?

Renuka Mishra: I would consider the term “ethical dilemma” in the context of policing, to be something of an oxymoron. If it is ethical, that means it follows the rule of law, or else we would, in effect, be saying that the rule of law is unethical.  And hence there can be no dilemma. All police work, including investigation and law and order, is governed by the law of the land. Following the law to the T may be challenging at times but unless we highlight these challenges to bring about changes in law, we would be doing a disservice to the police and the public by using a bypass to circumvent the law in practice, while apparently following it on paper. Only when we work within the system can we bring about qualitative change on its breakdown. Everything else is not only cosmetic but also illegal and unlawful. Hence investigative processes like arrest, search, seizure, charge sheeting an accused, releasing an innocent person, etc are all defined in law. Shortcuts taken during investigation impact justice as the benefit of the same eventually accrues to the accused.

So, there can only be one way: the Rule of Law. As investigating agencies, we need to know it, understand it, correctly interpret it, and then follow it. And if in time we come across functional difficulties that are likely to impact justice, we would do well to document the same and communicate it to the right forum to result in an amendment of the law. In State SIT, we focus on doing the right thing in the right way by planning ahead. In the police, due to the multiplicity of tasks and responsibilities, time is often at a premium and we end up constantly firefighting and working overtime just to maintain peace and order. More often than not we work backwards from the criminal to the crime, having arrested the criminal first due to the clamour of the public. In State SIT cases are large and involve extensive study and documentation. We take the time to build up our cases with evidence and frame charges only when we have the requisite relevant and admissible evidence. We start with the crime and then proceed towards the criminal and not vice versa.

The only solution to unethical police conduct and investigation is zero tolerance towards it. It would require a clearly stated objective by every leadership level, systematisation of mandatory processes, effective monitoring, and strict action against deviant behaviour. If the consequences of illegal action outweigh the initial euphoria associated with instant justice or even personal gratification, this will, in time, lead to change for the better.

In the same breath, it is also essential that police reforms are effected and necessary changes in the law are forthcoming. All pillars of the criminal justice system will need to step up to ensure this.

Manas: Popular investigations by police often become case studies for research and analysis. The question of investigation generally revolves around Standard operating procedures (SOPs). How important are SOPs? Can you by any example, for the benefit of our readers and aspirants, list down general SOPs that you and your team follow while investigating and solving a case?

Renuka Mishra: SOPs are extremely important. In order to breakdown the law in a manner that is understandable and also to ensure that mandatory provisions are adhered to, SOPs work well. As no other state has SIT as an organisation, we have taken CBI as a benchmark. CBI has an elaborate crime manual which lays out complete functioning and has served as a good place to start for us. UP Police has many investigative agencies some of which have an existence even prior to CBI. The manuals written out decades ago still serve well in many contexts. However, many changes in law and several judgments have necessitated constant updating of these SOPs. We are in the process of creating an SOP for SSIT on the lines of the CBI Crime Manual. We have, however, created and implemented a complete end-to-end solution for our investigations and enquiries called the Case Management Software (CMS). This focuses on simplifying procedures for our investigating officers, monitors progress and offers tools to assist and measure work done.

We have also implemented e-Office in SIT and have digitised all our documents and files. We are attempting to move towards a paperless office to the best extent possible. We have SOPs which are for internal circulation and hence confidential documents. It might not be appropriate to list the same for public consumption.

Manas: Police services are often seen as a male-dominated profession. There is gender stereotyping attached to it. What challenges does it bring along for women in police services and how can women officers come over it? Do you see changes since the time you joined the Police Services?

Renuka Mishra: I was an IPS officer in the state of Uttar Pradesh with very few lady officers before me. And so, in my initial years, I had visitors who came only to see me, their complaints and grievances being purely incidental. Men who had grievances nudged their women forward while talking to me while the women stood tongue-tied and shy in front of me, just happy to see one of their own kind in khaki. My own emotions were mixed. While I realized that this kind of adulation and speculation was inevitable when women in uniform were still a minority and therefore to be viewed as oddities, it caused me immense annoyance as I saw myself not as a woman with privileges but purely as an Indian Police Service Officer having trained on par with my male colleagues. There are many firsts when you are a rarity and yes, a lot of publicity. When I walked, they said I ran and when I ran, they saw me on horseback.

While the stories of women at work will continue to invite attention due to their sheer lack of requisite numbers, allusions to superhuman acts and goddess-like qualities come from a basic lack of expectation and an inherent disbelief in their capabilities. There is a protectiveness that is visible when decisions on whether or not to accept women into combat roles are mulled over again and again. A question like ‘Will they be able to perform in a male-dominated profession? Are they even required?’ stems out of a feeling of misplaced physical and intellectual superiority. Most organizational decision-making groups then proceed to define roles that they feel might be suitable for women. Are all men intellectually superior to women? Are all women physically weaker than men? Definitely not. But popular perceptions are based on stereotypes. It is complicated but also true that gender stereotyping has restricted mainstreaming and thereby affected development adversely. Quality takes a back seat in these situations.

To be honest, there have been very few occasions in my career that I have thought of myself as a lady officer. The work I have done reflects my ethos as an IPS Officer, not as a lady IPS officer. I feel happy in knowing that the respect I have gained is purely attributable to the hard work I have put in and the quality I have endeavoured to produce.

Suffice it to say that I came into the man’s world of policing 28 years ago. In a world where bullet proof vests and body protectors are made for flat-chested individuals, barracks presuppose that concepts of privacy for men and women personnel do not differ, a world where women personnel do not drink water for a day before a law-and-order duty because there is no place to relieve herself while on duty, where women who do not form part of the boys’ clubs are uncomfortable to be around, where toughness means male and sensitivity means female.

Much has changed but much more needs to be changed. When I joined there were much fewer women in the police services and we had to initially work harder to justify that we were worth the service we had chosen. In time, one’s work speaks for itself.

There is definitely scope for improvement. I did a detailed study on ‘Creating a gender sensitive and gender friendly infrastructure‘ for the National Conference for Women Police and presented it before policewomen and men from all over the country. This was documented and given as a set of recommendations to the Ministry of Home Affairs. The issues raised were then taken up in Parliament and soon enough the recommendations of the report were sent to all organizations for compliance. More recently, with the approval of the DGP UP, I did an extensive exercise in UP called Manthan to gauge gender sensitivity within the organization. We will soon take it to its logical conclusion and make action plans to implement over the years to come. Charity begins at home and unless we are able to find the sensitivity in us to create a gender-friendly and equitable workplace within our organization, expecting our police personnel to be sensitive to women in society who look to us for succour, would, in actuality, remain a pipedream. So, this gender-based cleansing of the workspace is imperative, whether within the workspace or within our families. A few years down the line, we should see a change in procurement patterns, as well as encounter, heightened sensitivity to the need to provide equitable opportunities for growth to both women and men. In times to come, the Forces will not only be manpower ready but also womanpower ready and I am fortunate to have had a role to play in it.

Manas: In recent years the term ‘soft policing’ has increased in popularity. Soft policing has been shown to benefit the community and police organizations. What is ‘soft policing’ according to you? Can you please, for the benefit of our readers and aspirants, explain it with an example?

Renuka Mishra: Again, these terms will be the bane of any meaningful change we hope to achieve. Police ethos and popular perception are primarily macho in form. The adjectives brave, dashing, daring, and hardcore are as easily attributed to masculinity as to policing in general. Hence soft policing automatically tends to raise eyebrows and take a backseat, by virtue of its gender notion. The police population ratio in India at present is 193 policemen to one lakh population whereas the UN standard is 222. Given our growing population, India will never have the requisite numbers to match the UN standard. The only way we can extend our reach and effectiveness is by involving the community as our extended arm. Community policing is soft policing. There are multiple success stories of soft policing where we have extended an olive branch towards those who also work for the community or then reached out to the community itself for sharing responsibility towards maintaining public peace and order. Soft policing has a long-term impact and is completely in consonance with the Panchayati Raj concept of the involvement of the community and making the community responsible and accountable for themselves.

While I was in SSB, there were always complaints of altercations, abrasiveness and skirmishes against uniformed personnel who were manning the borders with Nepal and Bhutan. It being a passport/visa free open border, there were no restrictions on citizens of both friendly countries crossing over. But the presence of uniformed personnel with arms always created a sense of fear and the manner of checking was often met with resistance. The then DG SSB Shri BD Sharma then came out with the concept of Border Interaction Teams which served as the first point of contact with the public on the border. This team consisted of both, male and female personnel who wore smart safari suits with jackets with SSB written on them. They were trained in soft skills, made aware of their responsibilities on the border, the treaties and the diplomatic ties between both countries. They were given training on professional issues like human trafficking, smuggling of wildlife, narcotics, prohibited and restricted goods and also provided skills to identify victims as well as perpetrators of such crimes. This experiment was highly successful and the complaints came down. The personnel were the same but just their orientation and outfits made all the difference. Security remained uncompromised as these BITs were backed by armed personnel at a safe distance. Around the same time, CISF had also undergone a sea change in the way they engaged with the public at airports. The then DG CISF got his personnel extensively trained in soft skills and publicised good work done by encouraging the public to highlight the same on their social media etc. This bores very good results.

Traditionally soft policing has always been a part of police working in the form of village defence societies, peace committees, special police officers, etc who essentially are members of the community helping the police function to prevent crime by maintaining vigil, ensuring peace during festivals and law and order scenarios and be the eyes and ears of the police in crisis and insurgency ridden situations. It is just a question of understanding and accepting that we do not have the numbers or the wherewithal to do everything and be everywhere and that engaging the community will not only help us achieve our objective but also will enhance the quality of our output and the acceptability of our decisions while uplifting the police image in general, over time.

Manas: When thinking about the top characteristics of a police officer, words like brave, heroic and power may come to mind. Do you think it is necessary to re-evaluate police services in terms of values?

Renuka Mishra: Adjectives differ based on perceptions and aspirations. The Colonial legacy, as I mentioned, will always place the police as an instrument of oppression, a strong arm of the state. It also paints a negative picture of the State itself. If the strong arm was to be used to uphold good and maintain peace, there was never any problem with that but on the contrary, it is seen to be otherwise. Police reform, a new police act and regulations and a focused priority towards changing the police ethos and subculture will go a long way in redefining and re-aligning police ‘forces’ into police ‘services’.

Values do not need changing but values do indeed need to be integrated into complete police working, into SOPs, interactions with the public and other pillars of justice. Values must become the norm and not the aberration. There cannot be a gradation of acceptability of lack of values as every such instance will have impacted justice and that cannot be acceptable. I would still agree with the word ‘brave’ associated with Police but being heroic in today’s world would be misconstrued as ‘Singham-like’ and hence undesirable. Power, on the other hand, can be misused but can also be positively used.

As I said, semantics are avoidable. Work should speak for itself and values, once defined in our mission and vision should remain non-negotiable.

Next Friday, in the second part of the Experts Talk with Renuka Mishra, we will focus on the questions around the pressure during an investigation, reforms in the examination, new challenges for police, job satisfaction, and her personal recommendations for aspirants.

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