Wednesday, January 2, 2013

Police Policy: New Delhi: waiting for police reforms: माडर्न पुलिस एक्ट और पुलिस सुधारों को क्या हुआ? Neither the Centre nor states have been pro-active to improve the quality of policing. Official records show that only 14 states have either enacted the new Police Act or amended their existing laws to incorporate SC's suggestions

NEW DELHI: Each time there is a major crime in any metro or terror attack in the country's mainland, there is a renewed nationwide war cry on reforming India's archaic police system. However, all these seem to fall on the government's deaf ears, leaving recommendations on much needed-reform — as suggested by various expert panels as well as the Supreme Court — gathering dust. Neither the Centre nor states have been pro-active to improve the quality of policing. Official records show that only 14 states have either enacted the new Police Act or amended their existing laws to incorporate SC's suggestions. States like Uttar Pradesh, Maharashtra, Madhya Pradesh, Karnataka, Andhra Pradesh, Tamil Nadu, Odisha and West Bengal have been laggards. The apex court in its September, 2006, judgment had come out with seven key suggestions, including prescribing minimum tenure of two years for state police chief and officers on operational duties, separating investigation and law and order functions of police and several other measures to insulate police personnel from political interference in discharging their day-to-day duties. Even the Model Police Act - submitted by an expert committee a month later - could not be translated into legislation, with the home ministry failing to put it before Parliament. The Act, incorporates several suggestions including creation of state police board (for deciding on promotion and transfers of cops), ensure fixed tenure of police chief and other key functionaries, earmarking dedicated personnel for crime investigation and improved service condition of policemen. Retired IPS officer Prakash Singh, on whose petition the SC had come out with its judgment in 2006, on Monday said, "Reforms are not happening due to states' cussedness. Chief Ministers treat police department as their 'zamindari' (fiefdom). They are against reforms because they don't want to give police autonomy". Singh said the Union home ministry too did not act in the manner it was expected to, but the states were more to blame for the status quo. Police being a state subject under Indian Constitution, it was the responsibility of states to legislate on issues concerning law and order in the federal set up, he added. Assam, Bihar, Chhattisgarh, Gujarat, Haryana, Himachal Pradesh, Kerala, Meghalaya, Mizoram, Punjab, Rajasthan, Sikkim, Tripura and Uttarakhand, however, have initiated marginal reforms. Though these states have enacted the new Police Act, most of them retain the powers of politicians (chief ministers) to have a say in appointment of police chief and other top posts. The laws are mainly focused on setting up of police complaints authority (to look into complaints against police officers) which is only one of the seven key directives of the Supreme Court. Measures like setting up of state security commission (to check political or bureaucratic pressure on police); merit-based selection of state police chief from among three senior most cops; giving them security of tenure; separate the investigation and law and order functions of the police and setting up of police establishment board (deciding all transfers, promotions, postings and other service related matters) are yet to see the light of day. Besides, the apex court had also directed setting up of a National Security Commission at Union level for selection of chiefs of central police organizations, including the seven paramilitary forces.

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