presentationonmodelpoliceactu n b rao

7/27/2019 PresentationonModelPoliceActU N B Rao

1/23

1

Common Cause India

Making Our Police Effective and People - Friendly

Model Police Act, 2006

Dr UNB RAO, Ph.D., IPS (Retd.)Formerly Secretary,

Police Act Drafting Committee4th July 2009


2/23

2

Police Act , 1861

In the wake of First War of Independence

(Sepoy Mutiny)

Earlier Jamindari Police Systems

Degenerated andhighly Ruler supportive

British introduced Irish Model

Oppressive and regimental


3/23

3

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?


4/23

4

Provisions of 1861 Act

47 Sections (6 Secs. were soon repealed)

Superintendence and Administration :enmeshed and unclear

SP( who were generally fromArmedForces) to function under the generalpower and control of the DM

Mostly proceduralpolice always on duty Levying cost on inhabitants in disturbed

areas!


5/23

5

Police Commission,1901-03

Observed that

there can be no doubt that thePolice force through out the country was

in a most unsatisfactory condition, thatabuses were common everywhere, thatthis involved great injury to the peopleand discredit to the Government, and thatradical reforms were urgentlynecessary


6/23

6

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.


7/23

7

Status of Policing

Lack orbad 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 !!??


8/23

8

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..MP+Judg

1..Senior Advocate


9/23

9

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 inpolice), 2000

Malimath Committee on Reforms in CriminalJustice 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)


10/23

10

Police Act Drafting Committee

October 2005 to October 2006(13 months)

Headed by Sh. Soli Sorabjee

2 legal luminaries,4 IAS,3 IPS,One expertfrom Civil Society

40 sittings, wide range of discussions and

more than 1100 inputs from outside A comprehensive Act with16 Chapters and

221 Sections


11/23

11

Preamble for the MPA,2006

WHEREAS respect for and promotion of the humanrights 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, . andrespect for human rights;

AND WHEREAS it is essential to appropriately

empower the police to enable it to function as anefficient, effective, people-friendly and responsiveagency;


12/23

12

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 PoliceBoard, not UPSC

- 2 year tenure for DGP, and other imp. functionaries (Zonal IGP,

Range DIG, Dist. SP, and SHOs ) : Tenure of DGP andothers may be curtailed in specific circumstances, and exigencies

to be recorded


13/23

13

Ensuring functional autonomy for

police (contd..)

Defining Superintendence vis--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 inexceptional 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


14/23

14

Promoting Professionalism

Civil Police Officers vis--vis Armed PoliceConstabulary : Civilian Police to be betterqualified and trained; better prospects

Dedicated stafffor Crime Investigationperiodical rotation between L&O dutiesand IOs;

Stepping up Training facilities and linkingup to posting/promotion

Research and Development


15/23

15

Promoting Professionalism (contd..)

Providing Legal and Financial Advisers

Forensic and scientific support for Investigationand other policing tasks

Urban/Metropolitan Policing : Commissioner ofPolice System (ten lakh plus); other areas asnotified

Rural Policing- Village Guards, Village Defense

Parties, Community Liaison Groups Village Guard on salary and deemed a public

servant


16/23

16

Accountability made Paramount

Norms set forPerformance Evaluation

(other than usual statistical)

Police Accountability (Public Complaint)

Authorities at State and District levels

Distinguishing serious misconduct vis--

vis misconduct

Non registration of an FIR is made an

offence against police


17/23

17

Welfare and grievance redressal

State Welfare Bureau, incl. publicparticipation; also to take care ofpostretirement scenario

Insurance coverto all right from the day ofjoining service

Specifying working hours8 hrs,

maximum 12 hrs a day Forum for redressing individual and

collective grievances


18/23


19/23

19

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


20/23

20

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 DistrictAccountability authorities

Improved service conditions

Special Security Zones


21/23

21

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


22/23

22

Contentious Issues

Reluctance of Political Executive to implement reformsdue to an apprehension that reforms might weaken theircontrol over the police.

Composition and Role ofState Security Commission.

Control of District Magistrate over the District Police(Bihar Police Act was opposed by the State police, whiledraft police acts of AP and some other States arereportedly kept pending due to disagreement on thisissue).

Commissionerate of Police system in notified cities.

Empowerment ofCivil constabulary, by distinguishingthem fromArmed constabulary.


23/23

presentationonmodelpoliceactu n b rao

Documents