Lok Sabha Question No. 1451 (UNSTARRED), answered on 2016-05-03
Subject: Uniform Police System
Ministry: HOME AFFAIRS
Asked by: NARANBHAI KACHHADIA, GAJENDRA SINGH SHEKHAWAT, CHANDRA PRAKASH JOSHI

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA

UNSTARRED QUESTION NO.1451

TO BE ANSWERED ON THE 03 RD  MAY, 2016/ VAISAKHA 13, 1938 (SAKA)

UNIFORM POLICE SYSTEM

†1451.

SHRI NARANBHAI KACHHADIYA: SHRI GAJENDRA SINGH SHEKHAWAT: SHRI CHANDRA  PRAKASH JOSHI:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  whether  the  Government  proposes  to  implement  a  new  Uniform Police  System  to  check  crimes  in  the  country  and  if  so,  the  details thereof;
- (b) whether any survey has been conducted in this regard; and
- (c)  if  so,  the  details  and  outcome  thereof  along  with  the  strategy chalked out for the purpose?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS

(SHRI HARIBHAI PARATHIBHAI CHAUDHARY)

(a)  to  (c):  No,  Madam.    Government  had  constituted  a  Committee  to draft a new Model Police Act in September, 2005. The copy of the Act was circulated to the States vide Ministry of Home Affairs' D.O. letter dated 31 st  October, 2006. As per information available, 15 States have formulated  their  states  police  Act  and  2  states  namely  Gujrat  and Karnataka  have  amended  their  existing  police  Act  in  this  line.  Few salient features of the Model Police Act are as follows.

- (a)    Functional Autonomy
- (b)    Encouraging professionalism

- (c)    Accountability paramount
- (d)    Improved service Conditions

A details note on the same is provided in Annexure-I

The Model Police Act was studied again and reviewed in line with the changing realities and for making police more responsive, efficient and citizen  friendly.  Further,  on  the  line  of  concept  introduced  by  Hon'ble Prime Minister during 49 th Annual DGsP/IGsP's Conference on 28.11.2014, ten attributes of 'SMART' Policing have been incorporated in draft Model Police Bill, 2015.  A draft Model Police Bill was prepared and put on public domain for comments on 15.10.2015.

' Public Order' and ' Police' are 'State subjects' falling in Entry 1&2 of List-II  of  the  Seventh  Schedule  of  the  Constitution  of  India.  It  is  the State  Governments/UT  Administrations,  which  have  to  implement  the various police reforms measures.

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## LS.US.Q.NO.1451 FOR 03.05.2016

## Annexure-I LS.US.Q.NO.1451 FOR 03.05.2016

## Salient features of Model Police Act, 2006

The Model Act emphasized the need to have a professional police 'service in a democratic society, which is efficient, effective, responsive to 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  recognizing  that  the  police  is  an agency  of  the  State  and  therefore  accountable  to  the  elected political  executive,  the  committee  has  specifically  outlined  the role 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  police  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 Assitant/Deputy Superintendents and above in the Police organization 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  prioritized  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  rationaling  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  personal  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.

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