Nepal Police is the main security agency of the state working in the front line in the fields of protection of citizens' wealth, compliance with the rule of law and crime control. V.No. Organized systematically after the democratic revolution of 2007, and since the promulgation of the 'Police Act' in 2012, this institution has been playing an important role in the country's various political transformations, social changes and security-related complex ups and downs.
The contribution made by the Nepal Police in the fields of transitional state of the country, natural disasters, election completion to daily peace and security is incomparable. It is well known to all of us that the police organization with the basic ideal of 'Satya, Seva, Surakshanam' is dedicated to serving the citizens round the clock.
However, Nepal Police is still facing many challenges from the point of view of institutional autonomy and professionalism during the seven-decade-long journey of its establishment. In recent decades, due to increasing unfair political interference within the police organization, imbalance in transfer and promotion and external pressure on the investigation process, the Nepal Police has been made unable to work independently and fearlessly according to its full professional capacity.
Imbalance in transfer-promotion: There is a situation where political access is more decisive than professional efficiency, integrity and ability in the appointment and promotion from Police Inspector to Inspector General of Police. Due to this, qualified and honest officers fall behind and create an atmosphere of frustration within the organization.
External pressure on investigation: The practice of overnight transfer of officers involved in the investigation of crimes linked to high-ranking officials or political leaders or pressure to delay files has caused a major blow to fair administration of justice.
Decline in Citizen Confidence: When police officers are forced to take refuge in political leadership for their moral development and moral security, the spirit of the rule of law weakens and common citizens lose faith in the security mechanisms of the state.
Technology, and manpower management: The nature of crime has changed in the present era. Challenges such as cyber crime, financial fraud, organized international crime and drug trafficking are increasing rapidly. The technology and infrastructure currently available with the Nepal Police are not sufficient for modern crime control.
Improper use of manpower: On the other hand, large numbers of police manpower have been deployed against the norms for the personal security of political leaders or those with access. The access of the police at the civilian level has been reduced by limiting the manpower to be employed for the protection of citizens to personal services.
It is imperative to immediately initiate solid legal and structural reforms to make the police free from political interference and disputes to be independent, fair and competent. For this, the following steps should be taken.
Police Act and Security of Tenure: A new autonomous Police Act conforming to the federal framework should be issued immediately to replace the old Police Act of 2012. In the said act, the tenure of high positions including Inspector General of Police should be fixed for at least two to three years, and a legal system should be ensured that they cannot be removed arbitrarily for no reason or on the basis of political interests.
Transparent Career Development System: Transfer, promotion, training and foreign opportunities of the police should be made into a fully transparent and automatic system that is conducted on the basis of performance evaluation, seniority and experience, not on the basis of any individual's choice or political recommendation.
Separation of Investigation and Law and Order Branch: The crime investigation branch should be completely separated from the police unit that is responsible for general law and order. Investigating officers should be freed from external or political influence and provided with legal protection for impartial investigation.
Proper deployment of manpower and technology: The police manpower assigned to VIP security against the norms should be reduced and mobilized for the security of ordinary citizens. In addition, it is equally important to increase investment in technology, digital forensic labs and training for controlling modern cyber and financial crimes.
Strengthening Citizen-Police Partnership: To make the police more citizen-friendly, programs like 'Community-Police Partnership' should be made more effective and the relationship of trust and cooperation with the public should be strengthened.
Police: Mirror of the State, Citizen's Trust
Nepal Police is the mirror of the state. How fair, responsive and sensitive the state is towards the citizens is seen to a large extent from the behavior of the police towards the citizens. The police are the first representatives of the state that citizens remember in times of crisis. When there is a theft at home, when there is an accident on the road, when there is injustice, when facing violence or when there is a question about the safety of one's life and property, it is enough for a citizen to knock on the door of the police. Therefore, the police is not only an organization that implements the law, but also a sensitive organization that is directly connected to the safety of citizens, justice and trust in the state.
But when the shadow of political interference begins to fall on this sensitive role of the police, its effect is not limited to the police organization, but the citizens' trust towards the entire state is affected. The political leadership must abandon the mindset of using the police as a tool to fulfill their party, factional or personal interests.
The tendency to find one's own people in the police, to make favorable decisions, to influence the investigation or to put the police leadership under political pressure, even if it immediately benefits a person, in the long run weakens the state's legal regime and democratic system.
The police is not like someone's personal security force, nor is it a means of displaying the power of any political party. The police should be accountable to the constitution, laws and citizens. The weapon on the shoulder of the police belongs to the state, its authority is given by law and its ultimate purpose is the protection of citizens. Therefore, the use of the police should not be for the protection of power and strength, but for the protection of justice and civil rights.
Not only the political leadership, but also the police leadership should be equally responsible for this. Police leadership must show determination to protect their professional integrity, decision-making ability and organizational autonomy. Courage to stand up for law and order in the face of political pressure, institutional ability to reject unfair orders and commitment to maintain fairness in investigation and security work are indispensable qualities of police leadership. If the leadership is weak, it will be difficult to maintain professionalism and morale within the organization.
Slogans alone are not enough to strengthen the police. The state should provide the police with necessary resources, skilled manpower, modern technology, adequate budget and a safe working environment. The nature of crime has changed. From cyber crime to organized crime, from human trafficking to financial crime, the challenges are becoming more complex day by day.
In such a situation, modern crime cannot be fought by relying on old thinking, limited technology and insufficient resources. The state should invest enough in the use of scientific technology in research, cyber security capabilities, forensic research, information analysis and continuous capacity development of police manpower.
Along with that, accountability and transparency within the police are equally necessary. Freedom from political interference does not mean that the police are above the law. The police should also be held accountable for mistreatment of citizens, use of unnecessary force, inhuman treatment in detention or abuse of rights. Strong policing is not policing that instills fear; It is the police who respect the law and give security and trust to the citizens.
Citizens do not want to see the power of the state in the uniform of the police, they want to see their safety, justice and trust there. When the police believe that even the poor and underprivileged citizens get the same justice as the rich and powerful citizens, then the rule of law is strengthened. The real success of a democratic police service is that citizens who come to the police office can feel that 'I am heard'.
The professionalism and autonomy of Nepal Police is not an internal matter of the police organization, it is a matter connected with democracy and the future of the state. The political leadership should show commitment to keep the police free from interference, while the police leadership should also be determined not to go beyond the law, constitution and professional dignity.
If the state provides the necessary resources, technology, training and institutional independence and if the police perform their duties with fairness, honesty and accountability, the citizen's trust in the police can deepen only.
The real power of the police is not in the weapons in their hands, but in the trust in the minds of the citizens. Only if this trust can be maintained, Nepal Police can establish itself as a reliable guardian of the state for every citizen by making the basic ideal of 'Satya, Seva, Surakshanam' meaningful in practice.
(Mallik to be an advocate.)




