Thursday, July 9, 2015

Armed Police Force and Crime Prevention; From a Perspective View of Nepal

Krishna Kumar Tamang, PhD

Generally it is assumed and viewed that where crimes occur there poverty exists. The most prestigious award of Nobel Peace Prize winner a renowned criminologist Jane Addams had the opinion. But contrary to that it has been obvious to the concept no longer acceptable as the countries in the western hemisphere have higher rate of crimes as compared to those of particularly Asia in terms of economic progress lagging behind to the developed ones. It is not the matter of economic or any other facets of social life that count for crimes rather other factors governing the psycho status of the people of the land. There is no doubt that the commission of crimes are mostly somehow related to economy of the concern and so does the statistical data establish but it would be not appropriate to presume as the sole cause. It could be one of the major factors of crime causation.
            Interestingly sometimes people speculate and even some retirees of security agencies fail not to guess of seeking alternate for Nepal Police seemingly in progress. However, so far no standing of any base for it has come to surface. By virtue of nature, man is a fighting creature and the habitat of mankind sans crimes would be a mere myth. The topics of safety and security encompass vague fields and none of any single force ever would be suffice to cover all the aspects of it. Should we pursue the history since the Stone Age when security deemed high for safe human living in family and ultimately that led to emergence of society. On the other hand more the heads more conflicts require security.
           From the cradle to grave everywhere human is in chain and the dependence on others is enormous. As to ease life security comes foremost and once it is guaranteed then comes turn for planning and economic development of the country. What the pole is for a tent so is the security matter to a country. Well established and secured societies have their systems organized and managed whereby safety is granted to her people. Annals of battles in the past describe the most of the reasons aroused due to the encroachment and dispute over the land possession. The Great Wall of China depicts the fact emphasizing on the security. The North and South Korea peninsula, Israel and Lebanon, India and Pakistan; and China and Japan have long issues few in numbers to cite for examples.
           Armed Police Force was raised following the insurgency in Nepal in the year 1998. Throughout that period of insurgency APF had full compliance to international norms and international humanitarian laws as of the Article 3 of Geneva Convention. It never had dilemma in discharging its duties, unlike some agency, towards the nation and the people due to the clear mandates mentioned in the Armed Police Act, 2058 itself as;
i. to control any ongoing or would be armed conflict within the country,
ii. to control any ongoing or would be armed rebellion or separatist activities within the country,
iii.  to control any ongoing or would be terrorist activities within the country,
iv.  to control any ongoing or would be riot within the country,
v.  to assist in rendering relief to natural calamity or epidemic victims,
vi.  to rescue any citizen or else from hostage captivity or in the event of occurrence of heinous and serious crimes or unrest of grave nature or of anticipation,
vii.  to guard border of the country,
viii. to assist under Nepalese Army in the events of ingression,
ix. to protect public vital installations, infrastructures and other facilities assigned by the Government of Nepal,
x.   to protect the personalities and public vital installations, institutes and other facilities considered to be given protection by the Govt. of Nepal,
xi.  to perform tasks assigned as per this act and under its regulations or in accordance to other prevalent laws,
xii.  to perform other tasks assigned from time to time by the Govt. of Nepal.
     
          The difference of crime prevention and crime investigation need to be distinguished in between. APF in Nepal has elaborated responsibilities for its personnel in Section 4 Article 24(2) of the APA. APF is not a substitute, neither alternative body nor competitor of any security mechanism of the government. For the diversified spectrum of security aspects APF of any country is in great demand worldwide in every respect.
          Nevertheless, in maintaining law and order though APF supposedly should be backing the forefront first responder namely Nepal Police seldom outsiders negligently interpret otherwise. Once an order issue was there in favour of APF in terms of deployment in crime investigation illustrating for the primary case handling which meant the protection of crime scene till the arrival of crime investigation team naturally of Nepal Police. To which curiosity was to wonder how come it be possible. Perseverance and protection of evidence and exhibits is not the interference to Nepal Police job rather assistance for the time being until the presence of concern, lest they get tampered or spoiled. Crime Investigation related to judiciary and public handling part is complete out of track for APF. The task of crime prevention services is achieved not only by the promotion of social order and social justice but by the productive and necessary protection of commerce, industry and the economy.
The Special Programme introduced in Nepal in the year 2009 for effectiveness of peace and security deepened the public and government faith towards APF. The same continues till date and its feedback asserts for APF camps in their neighbourhood while the wrong doers take APF for dreadful entity. These are the clear indicators of APF reliability in prevention of lawlessness and crimes in the country.
          Due to the improvement in the security situation and the curbing of criminal activities including the smuggling and trans-border crimes have remarkably been noticed with hike in revenue collection. A gap of eleven years is there in between the days of APF inception and today where the security environment has got several turns with the changes in ruling system and governments. The internal conflict has got transformed and in perpendicular the APF role has expanded with new developments within the country.
          APF has successful attempts to establish its image as a protector, servant and people friendly. As anywhere else in Nepal too the government employees get salary with the taxes collected from people. Being an integral part of society APF is not an exception. APF personnel too pay equal tax as any countryman, unlike Armed Forces of neighbouring countries, subject to tax free privilege like exemption of excise duties on consumable commodities, automobiles and electronics.
           This scribe garnered opinions from some intellectuals namely Radheshyam Malla, a host and programme organizer in popular channel of Himalayan TV in Kathmandu. He has his clear-cut views as APF should apprise its prime job of giving protection against inimical elements to the public. The act of prevention means all needful doings to barre the committing of crimes beforehand whereas investigation means finding responsible clues, reasons, actors, and accomplices including causing factors in already committed acts of crime. A promising police officer from Russia also has views not much different as from others. Evgeny Omelchenko, Chief Arms Instructor at Training Centre served United Nations field missions in Kosovo, Bosnia and other African nations for international policing and has distinct marks over the jobs of armed police from the community policing. He opines armed police is meant for special purpose, emergency situations and therefore should involve in its mandate leaving the rest for normal policing to civil police.
            Police has also roles in prevention of crimes; however prevention doers like APF cannot be a part of crime investigation unless prescribed by the law of the land. To be more precise civil police has dual roles of prevention simultaneously investigation in criminal cases while armed police restricted to prevention and no further other than to assist the civil administration and police in their performance.

17 Sept. 2013

References
Paranjape, P. N. (1994). Criminology and Penology.
Bhubanchand Bhatta and Dr. Gobindaprasad Thapa. (2013). Kasautimaa Nepal.
Armed Police Act, 2058


Published in:
Armed Police Day
Special Publication 2013, Nepal
Year-12, Issue-1, 1st November 2013
http://www.hq.apf/includes/class/publication2070.html

No comments:

Post a Comment