Common Cause India Making Our Police Effective and People - Friendly Model Police Act, 2006

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Common Cause IndiaMaking Our Police Effective
and People - FriendlyModel Police Act, 2006

• Dr UNB RAO, Ph.D., IPS (Retd.)
• Formerly Secretary,
• Police Act Drafting Committee
• 4th July 2009

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Police Act , 1861

• In the wake of First War of Independence
• (Sepoy Mutiny)
• Earlier Jamindari Police Systems
• Degenerated and highly Ruler
  supportive
• British introduced Irish Model
• Oppressive and regimental

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Preamble for 1861 Act

• Whereas it is expedient to
• reorganize the police and to
• make it a more efficient for
• the prevention and
• detection of crime
• 
  
  Extremely limited role?

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Provisions of 1861 Act

• 47 Sections (6 Secs. were soon repealed)
• Superintendence and Administration enmeshed and
  unclear
• SP( who were generally from Armed Forces) to
  function under the general power and control of
  the DM
• Mostly procedural police always on duty
• Levying cost on inhabitants in disturbed areas!

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Police Commission,1901-03

• Observed that
• there can be no doubt that the
  Police force through out the country was in a
  most unsatisfactory condition, that abuses were
  common everywhere, that this involved great
  injury to the people and discredit to the
  Government, and that radical reforms were
  urgently necessary

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Comment on Indian Police

• In India, a dual system of Criminal Justice has
  grown- the one of the Law and the other of
  Politics.
• With respect at least to the
  police,
• decisions made by the police officials
  about the application of law are frequently
  subject to partisan review or direction by the
  elected representatives
• -
  Prof. David H. Bailey.

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Status of Policing

• Lack or bad policing led to newer forms of crime
• 1960s..Naxalism..Naxalbari Srikakulam
• 1980s .. Telangana and all over ..
• 2000s.. 300 districts of India!
• Veerappans..Ayodhya demolition..Gujarat riots,
  nithari killings..white collar crimes
• Burking of crime ..serious manipu. of statistics
• Police Subculture !!??

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Commissions/Committees

• 1959-71 Ten State Commissions
  (Kerala,WB,Bihar,Punjab,Maharastra,MP,Delhi,
  Assam and Tamilnadu)
• 1984 Andhra Pradesh
• Headed by 3..ICS 3..Retd Judges
• 2..IP/IPS
  1..MPJudg
• 1..Senior Advocate

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Commissions/Committees (contd.)

• National Level Commissions/ Committees
• National Police Commission, 1977 - 81
• Ribeiro Committee(as directed by the Supreme
  Court), 1998
• Padmanabhaiah Committee(for structural changes
  in police), 2000
• Malimath Committee on Reforms in Criminal
  Justice System, 2001
• MHAs Review Committee(to cull out 49 vital recs.
  from ), earlier commissions), 2004
• Sorabjee Committee (to draft a new Police
  Act),2005-06 (addressed to 38 out of 49 Recs.)
• Menon Committee,2006 (Policy on CJS)

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Police Act Drafting Committee

• October 2005 to October 2006 (13 months)
• Headed by Sh. Soli Sorabjee
• 2 legal luminaries,4 IAS,3 IPS,One expert from
  Civil Society
• 40 sittings, wide range of discussions and more
  than 1100 inputs from outside
• A comprehensive Act with16 Chapters and 221
  Sections

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Preamble for the MPA,2006

• WHEREAS respect for and promotion of the human
  rights of the people, and protection of their
  civil, political, social, economic and cultural
  rights
• ..
• AND WHEREAS it is expedient to redefine the role
  of the police, its duties and responsibilities,
  . and respect for human rights
• AND WHEREAS it is essential to appropriately
  empower the police to enable it to function as an
  efficient, effective, people-friendly and
  responsive agency

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Salient Features of MPA,2006

• Police is to be known as a Service, not as a
  Force
• Ensuring functional autonomy for police.
• Creation of a State Police Board( instead
  of State Security
• Commission) A Recommendatory
  Body
• - Merit based selection of DGP panel
  prepared by State Police Board, not
  UPSC
• 2 year tenure for DGP, and other imp.
  functionaries (Zonal IGP,
• Range DIG, Dist. SP, and SHOs
  ) Tenure of DGP and
• others may be curtailed in
  specific circumstances, and exigencies
• to be recorded

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Ensuring functional autonomy for police (contd..)

• Defining Superintendence vis-à-vis
  Administration.
• Superintendence vests in the State Government
  policies and guidelines
• Administration vests in Police Chief
• Proviso for Government may intervene in Admn .
  Powers of Police Chief as per rules and in
  exceptional circumstances to be recorded
• District Magistrate functions in accordance with
  provisions of Cr P C and plays coordination role
  ,especially in crucial situations like natural
  calamities, elections, atrocities against
  SC/ST/Women/Children, etc

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Promoting Professionalism

• Civil Police Officers vis-à-vis Armed Police
  Constabulary Civilian Police to be better
  qualified and trained better prospects
• Dedicated staff for Crime Investigation
  periodical rotation between LO duties and IOs
• Stepping up Training facilities and linking up to
  posting/promotion
• Research and Development

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Promoting Professionalism (contd..)

• Providing Legal and Financial Advisers
• Forensic and scientific support for Investigation
  and other policing tasks
• Urban/Metropolitan Policing Commissioner of
  Police System (ten lakh plus) other areas as
  notified
• Rural Policing- Village Guards, Village Defense
  Parties, Community Liaison Groups
• Village Guard on salary and deemed a public
  servant

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Accountability made Paramount

• Norms set for Performance Evaluation (other than
  usual statistical)
• Police Accountability (Public Complaint)
  Authorities at State and District levels
• Distinguishing serious misconduct vis-à-vis
  misconduct
• Non registration of an FIR is made an offence
  against police

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Welfare and grievance redressal

• State Welfare Bureau, incl. public participation
  also to take care of post retirement scenario
• Insurance cover to all right from the day of
  joining service
• Specifying working hours 8 hrs, maximum 12 hrs
  a day
• Forum for redressing individual and collective
  grievances

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Internal Security and Public Order

• Special Security Zones for extremist areas, to
  provide with adequate infrastructure and command
  structures
• Contiguous areas falling in more than one State
  Central support and notification with concurrence
  of relevant States
• Responsibilities of public spelt out

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Too detailed !?

• Details and elaborations given to be made self
  explanatory and to indicate rationale behind
  those provisions
• Parts are expected to be shifted to Rules and
  Manual , to be drafted
• Supreme Court perused the Model Act at draft
  stage and just prior to their Judgment dtd 22nd
  Sep 2007

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New Areas Covered in MPA

• Setting up of a State Police Board
• Selection procedure and minimum tenure of DGP
• Security of tenure of key functionaries
• Establishment committee
• Separation of crime investigation from Law
  Order
• Performance evaluation
• Police accountability commission and District
  Accountability authorities
• Improved service conditions
• Special Security Zones

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State-wise enactment of new Police Acts (as on
3rd July 2009)

• Passed new Police Bills
• - Haryana
  Mar. 21, 2007
• - Bihar
  Mar. 21, 2007
• - Tripura
  Mar. 21, 2007
• - Chattishgarh
  July 20, 2007
• - Gujarat
  July 20, 2007
• Bombay Police Act
  (Gujarat amendment)
  
• - Assam
  Aug. 08, 2007
• - Himachal Pradesh
  Aug. 28, 2007
• - Kerala (Amendment)
  Sep. 19, 2007
• - Rajasthan
  Sep. 21, 2007
• - Uttarakhand
  Jan. 04, 2008
• -Tamil Nadu
  May 14, 2008
• - Sikkim Aug. 04,
  2008

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Contentious Issues

• Reluctance of Political Executive to implement
  reforms due to an apprehension that reforms might
  weaken their control over the police.
• Composition and Role of State Security
  Commission.
• Control of District Magistrate over the District
  Police (Bihar Police Act was opposed by the State
  police, while draft police acts of AP and some
  other States are reportedly kept pending due to
  disagreement on this issue).
• Commissionerate of Police system in notified
  cities.
• Empowerment of Civil constabulary, by
  distinguishing them from Armed constabulary.

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Epilogue

• Reforms are evolutionary and continuing
  processes
• One may not be able to bring in all reforms at a
  time
• Process is to start as suited to individual
  States.. rather than arguing and resenting
• States are to perform so that Federal Structure
  progresses..