Lok Sabha Question No. 387 (UNSTARRED), answered on 2016-04-26
Subject: Police Reforms
Ministry: HOME AFFAIRS
Asked by: HARIOM SINGH RATHORE

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO. 387

TO BE ANSWERED ON THE 26 TH  APRIL, 2016/ VAISAKHA 6, 1938 (SAKA) POLICE REFORMS

387.  SHRI HARIOM SINGH RATHORE:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) whether the Police Act, 1861 is in force in the NCT of Delhi and is still  relevant  in  the  current  changing  scenario  and  if so,  the  details thereof;
- (b) whether the Government has any proposal to review the said Act;
- (c)  if  so,  the  details  thereof  and  the  time  by  which  such  review  is likely to be completed along with the nature of changes likely to be made in the Act;
- (d)  whether  the  Government  has  constituted  Committees  on  police reforms in the country;
- (e) if so, the details thereof and the recommendations made by each Committee along with their status of implementation, State-wise; and
- (f) the steps taken by the Government  to implement all the recommendations made by said Committees?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HARIBHAI PARATHIBHAI CHAUDHARY)

(a) to (c) : As the provisions of the Police Act 1861 and related laws were  found  to  be  inadequate  to  face  the  challenges  of  policing  in Delhi, Parliament enacted a comprehensive legislation viz. the Delhi Police Act, 1978.

## LSUS.Q.NO.387 FOR 26.04.2016

(d) :     Government had constituted several committees/Commission on  police    reforms  and  working  of  police  in  the  country.    Notable amongst these are the National Police Commission (1977-81), J.F.Riberio  Committee  (1998),  the  Padmanabhaiah  Committee  on Police  Reforms  (2000),  the  Malimath  Committee  on  Reforms  in  the Criminal Justice System (2002-03), Review Committee (2004) and an Expert Committee to draft a New Model Police Act (2005).

(e) & (f): The details are at Annexure.  Further, Police being a State Subject  in  the  seventh  schedule  to  the  Constitution  of  India,  it  is primarily  the  State  Governments  which  have  to  implement  the various Police reforms measures. The Centre has been consistently persuading the States from time to time to bring requisite reforms in the Police administration to meet the expectations of the people.

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## ANNEXURE TO LSUSQ 387 FOR 26.04.2016

## Brief Recommendation of Commissions / Committees on Police Reforms

## I. National Police Commission (NPC)

The  National  Police  Commission  (NPC)  was  constituted  in  1977  to  study  the problems of Police and make a comprehensive review of the police system at national level.      The  National  Police  Commission  submitted  eight  reports  during  the  period February 1979 to May 1981.  The reports were sent with the specific directive from the Central  Government  to  all  State  Governments  /  UT  Administrations  for  examination and appropriate action.  The Central Government took initiatives in persuading the State Governments / Union Territory Administrations to implement the recommendations of the  National    Police  Commission.    Among  the  various  recommendations  of  National Police  Commission  which  the  Central  Government  have  implemented  pertain  to providing more funds for housing to policemen, strengthening of the police communication system, giving assistance for computerization in the State Police Force under the Scheme for Modernisation of State Police Forces, Establishment of National Crime Records Bureau, Organizing management courses at Sardar Vallabhbhai National Police  Academy,  Hyderabad  for  IPS  Officers,  stream-lining  the  set  up  of  Bureau  of Police  Research  and  Development  (BPR&D),  Directorate  of  Co-ordination  Police Wireless  and  Lok  Nayak  Jaiprakash  Narayan  National  Institute  of  Criminology  and Forensic Science (LNJN NICFS), issue of guidelines of arrest of persons etc.

However, some of the crucial recommendations of the Commission which could not be got implemented were in respect of :-

- (i)   Constitution of State Security Commission;
- (ii)      Selection  of  DGP  to  be  made  from  a  panel  of  IPS  Officers  of  the  State  Cadre prepared by a committee consisting of Chairman, UPSC, Union Home Secretary, Senior most  head  of  Central  Police  Organisations,  Chief  Secretary  &  the  outgoing  DGP  as Members and the tenure of the DGP of a State;
- (iii)    Appointment  of  Head  of  Anti-Corruption  Bureau  from  a  panel  of  IPS  Officers prepared by a Committee headed by the Chief Vigilance Commissioner;
- (iv)    Insulation of investigation from undue pressure; and
- (v)    Replacement of the Police Act, 1861.

## II. Riberio Committee :

On the directions of the Supreme Court of India in the case of Prakash Singh Vs Union of India and others pertaining to implementation of its recommendations of the National  Police  Commission,  the  Government  had  on  25th  May,  1998,  constituted  a committee  under  the  Chairmanship  of  Shri  J.F.Riberio,  IPS  (Retd.).    The  Riberio Committee submitted two reports which were filed in the Supreme Court during 1998 and 1999, respectively and copies of reports were sent to States for appropriate action.

## III. Padmanabhaiah Committee on Police Reforms;

Government had set up a Committee in January, 2000 under the Chairmanship of Shri K.Padmanabhaiah, former Union Home Secretary, to suggest the structural changes in the police to meet the challenges in the new millennium.  The Committee submitted its report to the Government on 30.08.2000.  Several recommendations were made by the Committee which were examined in the Ministry.  Recommendations like review of allocation  of  cadre  policy,  direct  IPS  officers  to  be  given  charge  of  District,  to  post IAS/IPS  as  judicial  magistrate,  police  commissioner  system  in  cities,  division  of National Institute of Criminology & Forensic Science (NICFS), compulsory retirement to those not empanelled as DIG, review of cadre allotment policy of IPS for North East, recruitment of Constables and Sub-Inspectors from the boys who have passed on 10th & 12th Examination and giving them 2/3 years training in Police Training Schools / Police Training Colleges respectively, maximum age of entry of IPS to be reduced  to 24 Years and  federal  offences  etc.  were  not  accepted,  after  examination.    Recommendations pertaining to recruitment, training, reservation of posts, involvement of public in crime prevention,  recruitment  of  police  personnel,  delegation    of  powers  to  lower  ranks  in police, revival of beat system, use of traditional village functionaries, police patrolling on national and state highways, designs of the police stations, posting and transfer of Superintendent  of  Police  and  above  etc.  were  found  to  be  such  that  they  could  be implemented without any structural changes and the State Governments were accordingly advised  for implementation in the existing administrative set up.  Another set up of recommendations which mainly pertained to rationalization of the recruitment of  Constables  with  1:4  ratio,  fixing  the  minimum  qualification  for  recruitment  of Constables  as  10+2  and  maximum  age  limit  as  20  years,  assessment  of  Man-power, recruitment  at  the  level  of  Sub-Inspector  and  Deputy  Superintendent  of  Police  apart from Constables, re-orientation in the approach for training and attitudinal transformation and development of skills, technology upgradation of the capabilities of the  police  and  strengthening  of  training,  forensic  laboratories  etc.    were  also  sent subsequently to State Governments for implementation.

## IV. Malimath Committee on Reforms in the Criminal Justice System;

Government had set up (November, 2000) a Committee under the Chairmanship of Dr.(Justice) V.S.Malimath, former Chief Justice of the Karnataka and Kerala High Courts  to  consider  and  recommend  measures  for  revamping  the  Criminal  Justice System.  The Malimath Committee submitted its report in April, 2003 which contained 158  recommendations.    These  pertain  to  strengthening  of  training  infrastructure, forensic  science  laboratory  and  Finger  Print  Bureau,  enactment  of  new  Police  Act, setting  up  of  Central  Law  Enforcement  Agency  to  take  care  of  federal  crimes, separation  of  investigation  wing  form  the  law  and  order  wing  in  the  Police  Stations, improvement  in  investigation  by  creating  more  posts,  establishment  of  the  State Security Commission, etc. and were sent to State Governments for implementation.

## V. Review Committee set up by Ministry of Home Affairs in 2004 :

A Committee was constituted by Ministry of Home Affairs in December 2004 to review the status of implementation of recommendations made by various Committees/Commission  on  police  reforms,  short-list  those  which  have  not  been implemented so far or have been implemented partially.

The Committee culled out 49 recommendations as being crucial to the process of transforming the police into a professionally competent and service oriented Organisation.  These 49 recommendations mainly pertained to:

(i) Improving professional  standards  of  performance  in  urban  as  well  rural  police stations,

(ii) emphasizing the internal security role of the police,

(iii) addressing the problems of recruitment, training, career progression and service conditions of police personnel,

(iv) tackling complaints against the police; with regard to non-registration of crime, arrests etc. and

(v) insulating police machinery from extraneous influences.

## VI. Expert Committee to draft a New Model Police Act.

One of the recommendations of the Review Committee pertained to enactment of a New Police Act to replace the Police Act of 1861. The Ministry of Home Affairs set up  an  expert  Committee  to  draft  a  new  Model  Police  Act  in  September,  2005.    The committee submitted a Model Police Act on 30 th  October, 2006.

## VI.(a) Salient features of Model Police Act.

The Model Act emphasized the need to have a professional police 'service' in a democratic society, which is efficient, effective, responsive to the needs of the people and accountable to the Rule of Law. The Act provided for social responsibilities of the police  and  emphasizes  that  the  police  would  be  governed  by  the  principles  of impartiality  and  human  rights  norms,  with  special  attention  to  protection  of  weaker sections including minorities (preamble to the Act). The other salient features of Model Act include:

-  Functional  autonomy :  While  recognising  that  the  police  is  an  agency  of  the State and therefore accountable to the elected political executive, the Committee has  specifically  outlined  the  role  of  Superintendence  of  the  State  Government over the police.  (Section 39). The Model Police Act suggested creation of a State Police  Board  (Sections  42-50)  to  frame  broad  policy  guidelines  for  promoting efficient,  responsive  and  accountable  policing  etc.    Merit-based  selection  and appointment  of  the  Director  General  of  Police,  ensuring  security  of  tenures (Section 6), setting up of Establishment Committees (Section 53) to accept and examine complaints from police officers about being subjected to illegal orders, to recommend names of suitable officers to State Government for posting to all positions  in  the  ranks  of  Assistant/  Deputy  Superintendents  and  above  in  the police organisation in the State excluding the DGP etc.
-  Encouraging professionalism : To ensure an efficient, responsive and professional police service, the Model Act  sought earmarking dedicated staff for crime  investigation;  and  distinct  cadre  for  Civil  police  vis-à-vis  Armed  Police (Chapter III & IV).
-  Accountability paramount :    the  Act  prioritised  police  accountability,  both for their performance and their conduct (Chapter V & Chapter XIII).
-  Improved  service  conditions :  The  Act  also  aimed  to  provide  better  service conditions  (Chapter  XIV)  to  the  police  personnel  including  rationalising  their working hours, one day  off in  each  week,  or  compensatory  benefits  in  lieu.  It suggested creation of a Police Welfare Bureau to take care, inter alia, of health care,  housing,  and  legal  facilities  for  police  personnel  as  well  as  financial security  for  the  next  of  kin  of  those  dying  in  service.  It  further  mandates  the government to provide insurance cover to all officers, and special allowances to officers posted in special wings commensurate with the risk involved.

Forwarding  of  Copies  of  the  Draft  Police  Act  to  States/UTs :  A  copy  of  draft Model Police Act as framed by the committee was forwarded to State Government for consideration and appropriate action vide Home Secretary D.O. letter dated 31 st October,  2006.  As  per  information  available,  so  far  17  States,  Viz  Assam,  Bihar, Chhatisgarh, Gujarat, Haryana, Himchal Pradesh, Kerala, Karanataka, Maharashtra, Meghalaya, Mizoram, Rajasthan, Sikkim, Tamilnadu, Tripura & Uttarakhand have either enacted the Police Act or amended the existing Act.

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