There is fresh rage on the bad state of law and order in India
today. That rage is entirely appropriate.
My father was born in 1926 and experienced British rule. One of the
high points of his life was participation in the freedom movement. He
used to say to me with great regret that under British rule, the Shiv
Sena would have never arisen. What has happened in India is a
disgrace.
The interesting and important question is: How can the problems be
solved?
Moral outrage does not lend itself to good policy analysis. As with
the problem of corruption, the problem of law and order requires
sophisticated thinking. Just as the young people who got enamoured by
Baba
Ramdev and Baba Hazare got nothing done in terms of combating
corruption, we should worry about what comes next on law and
order. Anger and outrage, coupled with low knowledge of political
science and public economics, is a sure path to poor policy
analysis. What matters is shifting from anger to analysis to
action.
As an example, if laws are modified to prescribe draconian
penalties for rape, then rapists are more likely to kill the
victim. What is required is better quality implementation of
the existing law.
What would it take to make the police and courts work better? The
three ingredients that are required are incentives for
politicians, resources and feedback loops.
Incentives for politicans
The first issue is incentives for politicians. Politicians will
deliver law and order if they think that this is what will get them
re-elected. From Indira Gandhi's time onwards, politicians in India
have felt that the way to win elections was to focus on welfare
programs for the poor. As long as this is the case, the narrative that
will dominate the Indian State is that of poverty, inequality, and
welfare programs.
Economists distinguish between public goods and private
goods. Public goods are defined to be those that are `non-rival'
(your consumption of safety does not reduce my consumption of safety)
and `non-excludable' (it is impossible to exclude a new born child
from the environment of safety). The legitimate purpose of the State
is to pursue public goods. All citizens gain from public goods, and
all voters should respond to these benefits. The first and most
important public good is safety, which requires building the army, the
police and the courts.
The Indian State has, instead, gone off on the adventure of
building welfare programs: of government giving private goods to
marginal voters. The first priority of the Indian State is the themes
of poverty, inequality and welfare programs. Politicians need to learn
that this hurts. Sheila Dixit should realise that her top priority in
Delhi is law and order.
There are undoubtedly problems in the leadership and management
structure of the police. I believe that once politicians want law
and order, this will drive them to recruit the leadership that is
required, and undertake structural reforms, so as to get
results. As an example, look at how the politicians broke with PWD
and setup NHAI, or setup Delhi Metro. The question that matters is :
Do politicians want law and order? From the 1960s onwards, the minds
of politicians have been addled by welfare programs.
If Rs.X is spent as a gift on a few marginal voters, it makes a
certain difference to winning elections. If that same money is spent
on public goods -- e.g. better safety for all -- it should make a
bigger difference to winning elections since more voters gain. The
question is: Do politicans see this and act in response?
Resources
The second issue is resources. India needs much more staffing in
the police and the courts. This includes both technical staff
(e.g. constables and judges) and support staff (e.g. clerical staff,
operators of computer systems, etc).
Courts and police stations need to be high quality workplaces with
air conditioning, computer systems, modern office equipment, canteens,
web interfaces to the citizenry, lighting, toilets, and such like.
Policemen need to live in high quality housing. If policemen live
in high quality housing and work in high quality offices, they will be
more civilised both in terms of the quality of intake and in terms of
how their behaviour evolves on the job. This will cost a lot of
money. The State in India has very little money. To improve the police
and courts will require cutting back on welfare programs.
As Robert Kaplan says, underdevelopment is where the police are
more dangerous than the criminals. One element of this is the biases
in recruitment. As an example, the police in Bombay tends to be male
Maharashtraian and relatively low skill. This needs to evolve into a
more sophisticated workforce, with gender, ethnic and religious
diversity that reflects the cosmopolitan structure of the populace.
At present, in India, spending on police and courts (which are core
public goods) is classified as `non-plan expenditure' and is treated
as a bad thing. Spending on private goods like welfare programs is
classified as `plan expenditure' and grows lavishly year after
year. In the UPA period, plan expenditure has gone up by four times in
10 years. These priorities need to be reversed.
The other critical resource, other than money, is top management
time. The simple question that I would ask Sheila Dixit or Manmohan
Singh is: What fraction of your time do you devote to public goods? My
fear is that the bulk of their time is spent worrying about welfare
programs. When the top management is not focused on law and order,
safety will degrade.
The lack of safety is a regressive tax: it hits the poor more than
the rich. The rich are able to insulate themselves at a lower
cost. When a policeman faces me on the street, he immediately speaks
to me in a certain way once he sees that I come from the elite. Poor
people are mistreated by both criminals and the police. Through
this, the number of votes that should be affected by improved law
and order is large. The people who care deeply about the poor, and
would like to focus the Indian State upon problems of inequality
and poverty, should ponder the consequences of what they have wrought.
Feedback loops
In order to think about law and order, we need measurement. I used
to think that the murder rate is high quality data. Over recent years,
I have come to believe that in many parts of India, not all murder is
reported to the police. In this case, we are at ground zero about the
state of crime: we know nothing about how much crime is taking place
out there.
What you measure is what you can manage. I had recently written href="http://ajayshahblog.blogspot.in/2012/11/blindly-sending-money-down-leaky-pipes.html">a
blog post about health, and the same issues apply here. Our first
priority should be to setup crime victimisation surveys [ href="http://ajayshahblog.blogspot.in/2009/01/first-measurement-about-crime-and.html">link].
The most important outcome that I think matters is a question asked
in a household survey of parents: Are you comfortable when your
teenage daughter is out alone at 11 PM? That's it. That's the end
goal. Civilisation is where parents are comfortable when their teenage
daughters are out alone at 11 PM.
Once the CPI is measured, href="http://ajayshahblog.blogspot.in/2011/02/how-to-measure-inflation-in-india.html">and
measured well, RBI can be held accountable for delivering low and
stable inflation. In similar fashion, the Bombay police can be held
accountable once we get a graph updated every month about the crime
rate in Bombay, supplemented by quarterly data from crime
victimisation surveys. This would generate feedback loops whereby we
can judge whether Sheila Dixit has improved law and order in Delhi on
her watch.
When Sheila Dixit gets anxious about the lack of progress on
publicly visible statistics about the state of law and order in
Delhi, she will have the incentives to recruit high quality
leadership for the Delhi police, and to resource them adequately, to
get things done.
Why are these good things not getting done?
This is the hardest question. I have three opinions about what has
been going wrong.
The first lies in the incentives of politicans. Why do politicians
pursue private goods for a few when they can instead spend money on
doing public goods that benefit all? Why does democracy not push
Indian politicans towards the centre? I think one element of the
answer lies in first-past-the-post elections.
Today in India, winning elections does not require pleasing all
voters; it only requires a base of 30% of the voters. This gives
politicans a greater incentive to dole out goodies for the 30% and not
work on public goods that please all voters. This reduces the
prioritisation for public goods.
The second issue is that of urban governance. The defining
challenge for India today is to make the cities work. But our
constitutional structure is confused on the location of cities versus
states. The feedback loop from the voters in Bombay do not drive
improvements in governance in Bombay.
Delhi is unique in this respect in that it's the first city of
India where the basic structure is correct. Sheila Dixit is the Mayor
of Delhi. She is held accountable for making voters in Delhi
happy. Voters in Delhi bother to vote in the Delhi elections. Hence, I
am far more optimistic about the future of Delhi than I am with Bombay.
The third issue lies in the intelligensia. Western NGOs, aid
agencies and the World Bank are focused on inequality, poverty and
welfare programs. This generates incentives for individuals to focus
on inequality, poverty and welfare programs, owing to the funding
stream and career paths associated with western NGOs, aid agencies and
the World Bank. These large funding sources and career paths have
generated a distorted perspective in the Indian intelligensia. We need
more minds in India who think in terms of first principles economics
and political science, without the distortions that come from the
worldview of development economics.
We blame politicians in India for being focused on welfare
programs. But to some extent, they are influenced by the
intelligensia. It is the job of the intelligensia to hold their feet
in the fire, and hold politicians accountable for public goods. The
politicians were too happy when, from the 1960s, the intellecturals
proposed welfare programs, poverty action, socialism, etc.
Acknowledgments
I am grateful to Pradnya and Nandu Saravade who helped me think
about all this.