Lok Sabha Question No. 1597 (UNSTARRED), answered on 2017-07-25
Subject: SMART Policing
Ministry: HOME AFFAIRS
Asked by: DHARAM VIRA GANDHI

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 1597

TO BE ANSWERED ON THE 25 TH  JULY, 2017/ SHRAVANA 3, 1939 (SAKA)

SMART POLICING

1597. SHRI DHARAM VIRA:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) the status of the concept of SMART Policing which was introduced in 2014;

(b) the status of the Supreme Court Directives in 2006 in this regard;

(c) whether the Government has any action plan to reform the police;

(d) if so, the details thereof;

(e)  whether  the  Government  is  considering  to  include  Police  in  the Concurrent List; and

(f) if so, the details thereof?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAJ GANGARAM AHIR)

(a): During the 49 th  annual DGsP/IGsP conference held on 30 th  November, 2014, Hon'ble Prime Minister introduced the concept of 'SMART' Policing. 'SMART'  stands  for:  S-Sensitive  and  Strict;  M-  Modern  and  Mobility;  AAlert  and  Accountable;  R-  Reliable  and  Responsive  and  T-  Trained  and Techno-savvy.    The  Ministry  of  Home  Affairs  organized  four  Regional Workshops to strengthen the concept in the country. In these conferences, many innovative ideas and best practices followed by various

## L.S.US.Q.NO.1597 FOR 25.7.2017

States were discussed. Accordingly, a compilation of best SMART Policing initiatives, shortlisted in those conferences, was circulated in the DGsP/IGsP conference held in 2015 for implementation.

Central Government assists States/UTs in implementation of these initiatives under the Modernisation of Police Forces (MPF) scheme, as per priorities  identified  by  the  States/UTs.  The  implementation  of  'SMART policing' is reviewed regularly in the annual DGsP/IGsP conference & other fora.

Bureau of Police  Research & Development (BPR&D) has also prepared a road-map  for  implementation  of  the  concept  of  SMART  policing  with certain  indicators  such  as,  (i)  Enhanced  Efficiency  through  Training;  (ii) Technological  Intervention  to  improve  performance;  (iii)  Winning  Public Trust  and  Confidence  Building;  (iv)  Induction  of  Innovation  and  Modern Application  in  Policing;  and  (v)  Improved  Investigation  through  Scientific Aids and Application. The road-map has been uploaded on BPR&D website and has been conveyed to all concerned.

(b):  The Hon'ble Supreme Court pronounced seven directives in 2006 in a Writ Petition filed by Prakash Singh & others, on police reforms. The first six directives, concerned with the State Governments/ UT Administrations,

## L.S.US.Q.NO.1597 FOR 25.7.2017

were forwarded to them for necessary action. As per information available, the  status  of  implementation  of  various  directives  given  by  the  Hon'ble Supreme  Court  by  various  States/UTs  is  given  in  the  annexure.  The Seventh  Directive  of  Hon'ble  Supreme  Court  was  to  set  up  a  National Security Commission.The Union Government, initially, set up a Committee on  National  Security  and  Central  Police  Personnel  Welfare  vide  Office Memorandum  dated  02.01.2007.  Thereafter,  Union  Government  filed  an applicationon 12.02.2007, before the Hon'ble Court, stating the difficulties in the implementation of the direction and for modifications/ clarifications in  respect  of  setting  up  a  National  Security  Commission.  The  Hon'ble Supreme Court is monitoring implementation of its judgement ibid.

(c) & (d): The Central Government set up various/ Commissions/Committees on police reforms and reviewed the matter from time  to  time  to  make  police  more  efficient,  effective,  responsive  to  the needs of the people and accountable to the Rule of Law. The Government has also prepared a draft Model Police Bill, 2015 which has been placed on the website of BPR&D for comments of various stakeholders. Further, all the States/UTs have been requested to identify positive stories/ good work being  done  at  the  Police Station level or by any other Police office at the

## L.S.US.Q.NO.1597 FOR 25.7.2017

district level or below and put the same in public domain on a website in the  office  of  District  SSP/SP  and  Commissioner  of  Police,  for  suitable replication in other States.

As 'Police' is State subject under the seventh schedule of the Constitution of  India,  it  is  the  primarily  responsibility  of  the  State  Governments/UTs administrations,  to  implement  reforms  in  police  administration  and  its working  in  order  to  make  law  and  order  of  country  more  effective.  The Centre persuades the States from time to time to implement the requisite police reforms.

(e) & (f): At present, there is no such proposal with the Central Government to include Police in the Concurrent list.

******

## ANNEXURE LS US Q. NO. 1597 FOR 25.7.2016.

## Compliance of Supreme Court Six directions in respect of the States/UTs.

|   Sl.No. | States/Uts        | 1. Constitute a State Security Commission on any of the models recommended by the National Human Right Commission, the Reberio Committee or the Sorabjee Committee   | 2. Selection of the Director General of Police of the State from amongst the three senior-most officers of the Department empanelled for promotion to the rank by the Union Public Service Commission and once selected, provide a minimum tenure of at least two years irrespective of date of superannuation.   | 3. Prescribe a minimum tenure of two years to the police officers on operational duties   | 4. Separate investigating police from law & order police, starting with towns/urban areas having population of ten lakhs or more, and gradually extend to smaller towns/urban areas also.   | 5. Set up a Police Establishment Board at the State level for, inter alia, deciding all transfers, postings, promotions and other service related matters of officers of and below the rank of Deputy Superintendent of police.   | 6.Constitute Police Complaints Authorities at the State and District level for looking into complaints against police officers   |
|----------|-------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------|
|        1 | Andhra Pradesh    | No                                                                                                                                                                   | -                                                                                                                                                                                                                                                                                                                 | -                                                                                         | -                                                                                                                                                                                           | Yes                                                                                                                                                                                                                               | No                                                                                                                               |
|        2 | Arunachal Pradesh | No ( core group on security exist in place of SSC)                                                                                                                   | -                                                                                                                                                                                                                                                                                                                 | -                                                                                         | -                                                                                                                                                                                           | Yes                                                                                                                                                                                                                               | No                                                                                                                               |
|        3 | Assam             | Yes                                                                                                                                                                  | -                                                                                                                                                                                                                                                                                                                 | -                                                                                         | -                                                                                                                                                                                           | Yes                                                                                                                                                                                                                               | Yes                                                                                                                              |
|        4 | Bihar             | Yes                                                                                                                                                                  | Yes                                                                                                                                                                                                                                                                                                               | Yes                                                                                       | Yes                                                                                                                                                                                         | Yes with some modification                                                                                                                                                                                                        | Yes *                                                                                                                            |
|        5 | Chhattisgarh      | Yes                                                                                                                                                                  | Yes                                                                                                                                                                                                                                                                                                               | Yes                                                                                       | Yes                                                                                                                                                                                         | Yes                                                                                                                                                                                                                               | Yes                                                                                                                              |
|        6 | Goa               | Yes                                                                                                                                                                  |                                                                                                                                                                                                                                                                                                                   |                                                                                           |                                                                                                                                                                                             | Yes                                                                                                                                                                                                                               | Yes**                                                                                                                            |
|        7 | Gujarat           | Yes                                                                                                                                                                  | Yes with deviation                                                                                                                                                                                                                                                                                                | Yes with deviation                                                                        | Yes with deviation                                                                                                                                                                          | Yes                                                                                                                                                                                                                               | Yes ***                                                                                                                          |
|        8 | Haryana           | -                                                                                                                                                                    | -                                                                                                                                                                                                                                                                                                                 | -                                                                                         | -                                                                                                                                                                                           | -                                                                                                                                                                                                                                 | -                                                                                                                                |
|        9 | Himachal Pradesh  | Yes                                                                                                                                                                  | Yes                                                                                                                                                                                                                                                                                                               | Yes                                                                                       | Yes                                                                                                                                                                                         | Yes                                                                                                                                                                                                                               | Yes                                                                                                                              |
|       10 | Jammu& Kashmir    | Yes                                                                                                                                                                  | Yes                                                                                                                                                                                                                                                                                                               | Yes                                                                                       | a separate crime Detection Cells have been set up in the police Stations in twin cities of Jammu and Srinagar                                                                               | Yes                                                                                                                                                                                                                               | Yes                                                                                                                              |

|   11 | Jharkhand      | Yes   | -   | -                                                                                                                                                                                                     | -                                                                                                                    | Yes   | Working as State Human Rights Commission   |
|------|----------------|-------|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------|-------|--------------------------------------------|
|   12 | Karnataka      | Yes   | yes | Sec 20 9F) of Karnataka Police (amendment) act 2013 provides for officers in charge of police stations, circles, sub- divisions, districts and range i.e. operational duties for a minimum of 1 year. | Sec 20(G) of Karnataka Police (Amendment) act 2012 provides for separation of crime investigation and Law and Order. | Yes   | Yes                                        |
|   13 | Kerala         | Yes   | -   | -                                                                                                                                                                                                     | -                                                                                                                    | Yes   | Yes                                        |
|   14 | Madhya Pradesh | Yes   | -   | -                                                                                                                                                                                                     | -                                                                                                                    | Yes   | Yes                                        |
|   15 | Maharashtra    | Yes   | Yes | Yes                                                                                                                                                                                                   | Yes                                                                                                                  | Yes   | Yes                                        |
|   16 | Manipur        | Yes   | Yes | Yes                                                                                                                                                                                                   | Yes                                                                                                                  | Yes   | Yes                                        |
|   17 | Meghalaya      | Yes   | Yes | Yes                                                                                                                                                                                                   | Implemented in Shillong and Tura town, though they are not having 10 lakhs population                                | Yes   | Yes                                        |
|   18 | Mizoram        | Yes   | -   | -                                                                                                                                                                                                     | -                                                                                                                    | Yes   | Yes ****                                   |
|   19 | Nagaland       | Yes   | Yes | Yes                                                                                                                                                                                                   | Yes                                                                                                                  | Yes   | Notified and yet to be implemented         |
|   20 | Odisha         | No    | -   | -                                                                                                                                                                                                     | -                                                                                                                    | Yes   | Yes                                        |
|   21 | Punjab         | Yes   | -   | -                                                                                                                                                                                                     | -                                                                                                                    | Yes   | No ( to be established)                    |
|   22 | Rajasthan      | Yes   | -   | -                                                                                                                                                                                                     | -                                                                                                                    | Yes   | Partly Yes*****                            |
|   23 | Sikkim         | Yes   | Yes | Yes                                                                                                                                                                                                   | NA                                                                                                                   | Yes   | Yes                                        |
|   24 | Tamil Nadu     | Yes   | Yes | Yes                                                                                                                                                                                                   | Yes                                                                                                                  | Yes   | Yes                                        |
|   25 | Telengana      | No    | -   | -                                                                                                                                                                                                     | -                                                                                                                    | No    | No                                         |
|   26 | Tripura        | Yes   | Yes | As per Tripura Police Act, 2007, there is a mechanism for minimum tenure for certain levels of officials                                                                                              | -NA-                                                                                                                 | Yes   | Yes                                        |
|   27 | Uttar Pradesh  | Yes   | Yes | Yes                                                                                                                                                                                                   | Yes                                                                                                                  | Yes   | Yes                                        |
|   28 | Uttarakhand    | No    | -   | -                                                                                                                                                                                                     | -                                                                                                                    | Yes   | Yes                                        |
|   29 | West Bengal    | Yes   | -   | -                                                                                                                                                                                                     | -                                                                                                                    | Yes   | Yes                                        |

|   30 | A &NIslands   | Yes   | Yes                                                                                                                                                                                                                         | UT administration is ensuring minimum tenure of two years for SHO's. However, the Tsunami affected areas of the territory, the administration has been posting officials for tenure of one year, in view of prevailing hard living condition in view of prevailing hard living condition in these Islands this policy needed to be continued till the working conditions are improved. Further, officers/official may be considered for pre mature transfer on their own request compelling difficulties. The Recommendation for the where over 10 the has extend In this and order as the in Police separted, be idle of time in such, it   | for personal is cities and town the population is lakhs. However Hon'ble Supreme directed to gradually in smaller towns/urban areas also. UT, total separation of investigation from law is not required population is only thousands in the Jurisdiction of many Stations. If one wing may for large period many PSs. As has been decided to enhance the strength of Central Crime staion at Port Blair. A proposal for creation of 1 post of Dy. SP, 5 SI, 5 ASI and 10 HCs for strengthening the Central Crime Station, Port Blair pending with MHA. in Necessary provisions in   | Yes   | Yes   |
|------|---------------|-------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------|-------|
|   31 | Chandigarh    | Yes   | Appointment to the post of Chief of Chandigarh Police is made by the GOI/MHA. Necessary provisions in this regard have been made in section 6 of the Punjab Police Act, 2007 as extended to the Union Territory, Chandigarh | Necessary provisions this regard have been made in section 15 of the Punjab Police Act, 2007 as extended to the Union Territory, Chandigarh. this made implementation                                                                                                                                                                                                                                                                                                                                                                                                                                                                        | regard have been in section 36 of the Punjab Police Act, 2007 as extended to the Union Territory, Chandigarh. Full is under                                                                                                                                                                                                                                                                                                                                                                                                                                                          | Yes   | yes   |
|   32 | D &NHaveli    | No    | No post of DGP sanctioned to the Union Territory of Dadra and Nagar Haveli.                                                                                                                                                 | Pertaining toMHA                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             | Population of Dadra and Nagar Haveli is recently 04 lakhs (approx.)                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  | Yes   | Yes   |
|   33 | Daman &Diu    | Yes   | In UT of DD&DNH the senior most police officer is of the rank of IGP/DIGP who is posted by MHA and normal tenure is of two years.                                                                                           | No comments                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  | No comments                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          | yes   | Yes   |

|   34 | Delhi       | Yes   | yes                           | Yes   | Delhi Police on the subject matter has informed that Delhi Police has specialized cells for investigation such as EOW, CAW, Special Cell etc.   | Yes   | Yes   |
|------|-------------|-------|-------------------------------|-------|-------------------------------------------------------------------------------------------------------------------------------------------------|-------|-------|
|   35 | Lakshadweep | Yes   |                               |       |                                                                                                                                                 | Yes   | Yes   |
|   36 | Puducherry  | Yes   | As it is U.T. is done by MHA. | yes   | yes                                                                                                                                             | yes   | Yes   |

* Bihar (yes, with some modification) : Section 59 of the Bihar Police Act, 2007 provide the constitution of a 'District Accountability  Authority' for each District.  The  goal  of  the  protection  of  Human  Right  has  also  been  incorporated  in  Police  Act.  Section-26  of  the  Act  provides  that  the  complaint  regarding violation of human Rights by Police shall be dealt with as per the procedure prescribed by the protection of Human Rights Acts, 1993 and by the State Human Rights Commission constituted under the Act.

**  Goa: constituted a State Level Police Complaint Authority under Chairmanship of rtd. Justice DR. Eurico Santana da Silva.

*** Gujarat (yes, with deviation) : Provision for State Police Complaint Authority has been made in section 32 F of the Bombay Police (Gujarat Amendment) Act, 2007 and board has been constituted vide Government resolution.

**** Mizoram (yes but partially) : Full compliance of this direction is not possible for want of retired judges in Mizoram. In the State's Affidavit filed in the Hon'ble Supreme Court in Dec/2006, a request was made for permission to constitute one State-level Police complaints Authority with a retired IAS/IPS Officer of appropriate level as its head since retired High Court judges are not available in the State. In Pursuance of this request, PulalhmingthangaColney, retired Chief Secretary of Nagaland was appointed as chairman of the State Level Authority vide notification No. C18018/12/90-HMP(SC) Vol.III dated 3.12.2009 but could not take up the responsibility as chairman of the Police Complaint Authority.

***** Rajasthan: As per provision of section 62(1) & 66 of Rajasthan Police Act. The District committee has been constituted for only Udaipur District vide order No. f12(6)H-1/2011-part dated 24.8.2015.

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