It’s always going to seem like a run uphill with an extremely heavy weight on your back, when you have legislators mulling over passing a bill that would restrict their involvement
in the police force. This is at a time when the state government and it’s ministers exert great power over the men in uniform.
The Goa Police Bill has been lying around the office of the legislative assembly for around nine eight years, ever since it was first drafted in 2008. It has been discussed by select committees, that changed with the change in governments , but has never made it to the floor of the house. Granted, there were problems with the bill, severe problems that stemmed from the fact that the structuring of the bill did not comply with the directives of the Supreme Court. In 2006, after almost two decades of discussion and investigations
by the National Police Commission, the Supreme
Court laid down seven directives that would form the Police
Bill. Since law and order is a state
subject, the states and union territories
were directed to come up
with a functional police bill. Goa
did so in 2008, but has not managed
to get the bill passed.
A broad look at the seven directives
might provide some insight
into the delay. Directive One mandates
the constitution of a State
Security Commission, which evaluates
the performance of the police,
lays down policy and also, most importantly, ensures that the
state government does not exert any unwarranted influence
on the police. Directives Two and Three are aimed at ensuring
a minimum tenure for high ranking officials, and also a merit
based transfer process. Directive Four separates the investigation
and law and order functions of the police. Directive
Five requires a board to decide on all transfers, postings and
service related matters of the force. Directive Six mandates a
Public Complaints Authority which will inquire against any
public complaints. Directive Seven requires the setting up of a
National Security Commission at the union level.
If all these directives, particularly the first six are put in
place, the law and order situation in the State would be a lot
different. It would also ensure that the public can scrutinize
every move made by the police, which negates the possibility
of external influence or even internal politics. But for that to
happen, the bill requires public consulation. In 2014, pre-legislative
consultation was made mandatory and is now policy
at the Centre.
Kerala did just this in 2011. They put the draft police bill on
their websites, involved the media in spreading awareness,
then incorporated feedback and created a draft bill. This was
then referred to a select committee, which toured Kerala, held
public meetings in all districts of the state and then introduced
hundreds of amendments. The bill was passed in 2011 itself.
Goa is by far a smaller state than Kerala, so there is no reason
why this has to take so much time.
As of now, the police function under an act that came into
force in 1861. It is absurd that such an important function
of law and order does not change with the times, especially
when the people’s faith in the police force, the judiciary and
the government is deteriorating. The Goa Police Bill will address
systemic weaknesses and also curb undue politicisation
of the police force. But this can only happen if the directives
are followed and policy is adhered to. None of that seems to
be happening.
