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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
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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
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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 were soon repealed)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 fromArmedForces) to function under the generalpower and control of the DM
Mostly proceduralpolice 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 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
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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 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 !!??
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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..MP+Judg
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 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)
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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 expertfrom 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 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;
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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 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
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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
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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
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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
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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
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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
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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 DistrictAccountability 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 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.
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