INTRODUCTION
In the past couple of years, the incidents that solidify the need for more accountability and transparency of the legal system have increased tenfold. With India being a democratic nation with free will to voice their concerns, people have started demanding answers to their questions on the working of the protectors in our towns. While the uniform-wearing men in our cities have a reputation of their own with both positives and negatives, oftentimes the public and masses demand a clear picture of cases to develop a better trustworthy relationship[1] and one of the most effective ways to achieve the same can be police body cameras. Body cameras are in the basic sense small cameras which are usually worn on the front of the uniform and which can record video and audio. This blog explains and explores the need along with possible concerns that can be included when we talk about police-worn body cameras.
IS IT A NEED?
While police-worn body cameras are a norm in the US and UK, it is not as widely talked about as a need in India. In a country with a high population and high crime rate, the need for a recording device on a police officer becomes self-explanatory but there are so many layers to the same which solidify the argument in the favour of these body cameras.
Police brutality is a major topic of discussion amongst various nations in today’s day and age and the increased cases coming forward on the same raises many concerns for the public. Questions like “Are the ones who are meant to protect me my main perpetrators?” plague your mind and fear of reporting a crime that has occurred with you becomes a matter to think about simply because “What if the police do not help me?”. A case from the United States had come forward about a police officer who shot a civilian under the guise that the civilian refused to comply with the order given by the officer.[2] While the state of affairs in India is such that with brutality, the ethical standards of policemen also come into question when they are willing to accept bribes from civilians in exchange for letting them off without any repercussions for any crime, be it on any level, that they have committed. A body camera in such situations will mandate the police officers to display a sense of responsibility as well as transparency[3] as they would be left with no choice but to conduct themselves as per appropriate standards[4] to ensure that the people feel a sense of safety and security. In 2021, the Modi government made a new plan to curb traffic-related problems as well as curb any cases of malpractice that are taking place with the help of these cameras. The notification released addressed the problems of privacy to some extent when it stated “Both the video and audio functions of the body camera shall be activated only when the law enforcement official is on duty and the official must notify the subjects that they are being recorded by the body camera.”[5]
On the topic of safety, one might think that body cameras would mainly harbour safety of the civilians but that is not true. While these cameras will secure citizens, they will also provide the police with a sense of security knowing that there cannot possibly be a false claim of brutality or misconduct labelled on them.[6] Both sides behave appropriately to not cause an altercation which could lead to a further dispute. This can be seen with the ample of police body camera footage of officers in the USA which is available to view online on platforms like YouTube. The severity of certain cases and the behaviour of the people in those cases account for the same.
This brings us to the most important point which is regarding the presentation of the footage that would be recorded on these cameras and their use as a strong source of evidence. In a court of law, the raw, unedited and true course of incidents and facts that took place can be displayed without a problem which would in turn make it easier for courts to look at the particular case objectively[7] from a first-person lens as well as give an effective judgement and answers. The scope of error decreases tenfold when there is primary proof in front of your eyes to confirm your doubts.
With the knowledge that they are protected and safe, civilians develop trust and faith in the country’s executive system which harbours public unity, cooperation and good relations between the people and its government.[8] A strong relation of trust thus creates a foundation of public good and serves a larger public purpose
ACKNOWLEDGING THE CONCERNS
Considering all that was mentioned above concerning the growing need for such audio-visual recording devices, it also becomes of utmost importance to discuss the issues and concerns that could arise if such technology is vastly implemented, one of the major points being of privacy. While interacting with police officers civilians do reveal a lot of personal information about themselves, their families, their expenses, their children etc., and any such information if leaked can lead to a dangerous downhill by putting the person in an extremely vulnerable position. Besides, if these police-worn body camera footage are readily made available to the public for viewing then it increases the risk factor. Hence it becomes imperative to adopt a system that is rigid in filtering that information out. Strict guidelines in place along with the mandate of information to be provided by the officer to the civilian that he or she is being recorded ensures complete respect to a person’s privacy.
Not just the external aspects, but the internal aspects also pose an issue like the question of costs and funds required to implement the use of such cameras. The cost of bringing in a system of camera technology that is to be worn for long hours, machinery that would require its own updates and quality checks[9] from time to time and the possible incorporation of the aspects of Artificial intelligence when using police body cameras requires a good monetary backing so help sustain this type of a plan.
CONCLUSION
The US and UK become prime examples as to why bringing about the use of police-worn body cameras can be a huge advantage to the executive, judiciary as well as the common man. These devices promote accountability and transparency which is required for the smooth functioning of a nation and for building necessary trust in the services for the protection of its citizens. Recent developments from December of 2023 show the progression that has led to a mandate being put on body cameras by the Karnataka police.[10] The potential benefits of these cameras are not something that should be ignored if we wish to achieve our objectives of good governance, a healthy democracy and an efficient law enforcement framework.
Author(s) Name: Biniti Shetty (SVKM NMIMS Kirit P Mehta School of Law, Mumbai)
References-
[1] Nehal Sharma, ‘Ensuring Accountability and Transparency: How Body Cameras Empower the Indian Criminal Justice System to Monitor Police Activities’ (Legal Vidhiya, 13 July 2023) <https://legalvidhiya.com/ensuring-accountability-and-transparency-how-body-cameras-empower-the-indian-criminal-justice-system-to-monitor-police-activities/> accessed 17 July 2024
[2] Jayanth Murali, ‘Pros and Cons of Police Body-Cams’ (Deccan Chronicle, 2 June 2019) <https://www.deccanchronicle.com/nation/current-affairs/030619/pros-and-cons-of-police-body-cams.html >accessed 19 July 2024.
[3] Shashank Shekhar, ‘For More Accountability, UP Police to Increase Use of Body Cameras’ (Indian Express, 2 December 2021) <https://indianexpress.com/article/cities/lucknow/for-more-accountability-up-police-to-increase-use-of-body-cameras-7653383/> accessed 17 July 2024
[4] Common Cause-India and Lokniti-CSDS, ‘Public Perception of Policing in India’ (2018) <https://www.commoncause.in/publication_details.php?id=45 >17 July 2024.
[5] Aishwarya Iyer, ‘Body, dash cameras for police — Modi govt’s new plan to keep roads safe, check malpractice’ (The Print, 25 February 2021) <https://theprint.in/india/governance/body-dash-cameras-for-police-modi-govts-new-plan-to-keep-roads-safe-check-malpractice/612953/ >accessed 17 July 2024.
[6] Jay Stanley, Police Body-Mounted Cameras: With Right Policies in Place, a Win For All (ACLU, 9 October 2013) <https://www.aclu.org/documents/police-body-mounted-cameras-right-policies-place-win-all> accessed 17 July 2024.
[7] Nehal Sharma, ‘Ensuring Accountability and Transparency: How Body Cameras Empower the Indian Criminal Justice System to Monitor Police Activities’ (Legal Vidhiya, 13 July 2023) <https://legalvidhiya.com/ensuring-accountability-and-transparency-how-body-cameras-empower-the-indian-criminal-justice-system-to-monitor-police-activities/> accessed 19 July 2024
[8] Ibid
[9] Ibid
[10] ‘Karnataka Police Chief Makes Body Camera Compulsory’ The Hindu (Bengaluru, 12 July 2023) <https://www.thehindu.com/news/national/karnataka/karnataka-police-chief-makes-body-camera-compulsory/article67565103.ece >accessed 19 July 2024.
