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 Reform, 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.
