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Right
to equal protection
By
Pandit Prakash Persad
ppersad@eng.uwi.tt
The
state of advancement of a society is judged by its record
in protecting its citizens, especially the weak, the disadvantaged
and the vulnerable. That is why the young and the old deserve
special attention, as does the differently endowed.
It is expected then that it would be the duty of the protective
services to ensure that all citizens, including those who
are not fully conversant with their legal rights, are treated
with equality and dignity. This should be an essential requirement
for the police and especially those stationed in the rural
areas.
Here the police presence seems to loom larger than life and
thus many people are reluctant and/or afraid to insist on
the right to equality under the law.
The outcome of this is that the police tend to “throw
their weight around” and many a time seek not to protect
the innocent or the victimised but rather their friends, family
and others.
The following actual occurrences would serve to bring the
issue into sharper focus.
The use of “mikes” to announce information about
funerals, to invite for bazaars, yagyas (prayer meetings),
to advertise sales and to inform about power cuts and political
meetings are as a part of Trinidad as the Northern Range and
the Caroni River.
One would therefore expect that such a normal activity would
not attract an armed response from the law. Yet this is exactly
what happened recently to two respected citizens who were
in the process of inviting the public to a religious festival.
On an incline of a small hill, they were accosted by a jeep-load
of armed policemen who were in a state of “elevation,”
the kind that has nothing to do with geography.
This incident severely traumatised the gentlemen and naturally
left them with a very negative perception of the service.
In a time when as a nation we are struggling to cope with
the crime situation, and the help of the average citizen is
being solicited by the Police Service, do you think that such
actions would engender the trust and confidence in the police?
An important question also arises: is there any ongoing programme
of testing of policemen for substance abuse?
One would think that such a programme, together with another
of counselling and support, is a requirement for there can
be no doubt that policemen/women are also being stressed by
the public outrage over the crime situation.
Village disputes are sadly a fact of life. They stem from
land disputes, soured relations, overhanging trees and just
plain envy.
These invariably result in some family, generally the quiet,
hardworking, law-abiding one, being terrorised by the other,
whose business is the neighbour’s business and whose
children are just not doing too well in the world of work
and education.
In one such situation, several members a family, one in which
both parents are extremely quiet (probably too quiet for their
own good) with well-behaved children, were assaulted in the
street by their neighbour.
They reported the incident to the police who reluctantly took
a statement, told them to seek medical treatment and to return
in a couple of days to proceed with the matter of charging
the violent neighbour.
The police in the meanwhile would also warn the offending
family as a first step.
Well lo and behold, they visited the perpetrators and then
the victims, whom they warned and then informed that they
are unable to press charges. It turns out that the officer
is acquainted with a family member.
No surprise there! For it always seems that those who intend
to bend or break the law are the very ones who cultivate relations
with the sergeant or the constable. This gives them a kind
of “status and legal immunity” and facilitates their
“badjohn behaviour.”
This situation is so prevalent in the rural areas that people
have come to accept it as the norm.
The options available to the victims are less than rosy. More
licks or a long, costly and unaffordable legal battle.
This has led to an unacceptably high level of perversion of
the justice system and contributes to the crime situation
for it fosters criminal behaviour.
In fact, the conventional wisdom is that these village “badjohn”
families tend to produce a higher percentage of offenders
than other families.
The proper functioning of society requires that exemplars
live up to expectations. Policemen/ women, like spiritual
leaders, doctors, lawyers, teachers and, yes, politicians,
are included. They hold the public trust.
Erosion of this trust invariably leads to social decay and
chaos. Law and order is a necessary condition for any prosperity
and progress.
The Police Service provides the foundation for social stability.
It is thus of utmost importance that, in the first instance,
proper personnel be selected and, secondly, proper mechanisms
be put in place to ensure that they also comply with the law.
The last thing this country, and in fact any country, needs
is a police service, with sophisticated arms and equipment,
that is a law unto itself. The situation warrants urgent attention.
Prakash Persad is Chairman of Swaha Inc
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