Dr Raja Muzaffar Bhat
A serious debate had generated over the issue of “Police Reforms” in Jammu & Kashmir few year back. Previous Government headed by Omar Abdullah had finally decided to introduce a new Police bill (Police Reforms Bill) in the state legislature during 2013 budget session of J&K legislature . The draft bill was made public by the Omar Abdullah lead Government for public feedback in February 2013 via Home Department website . As soon as the draft bill was made public it had triggered controversy in the State which finally forced the NC lead Government not to introduce it in the state legislature during 2013 budget session.
As media and public pressure continued over this matter , Government assured to make some changes in the bill . Civil Society was hopeful that police bill might be introduced in state assembly during next session ie August -September 2013, but that didn’t happen. It is better that the bill was introduced into the state legislature in haste otherwise we would now have been fighting for its amendments as it would have caused resentment among different sections of the society.
On 15 February 2013, the State Home Department made draft police bill public through its website. Suggestions and opinions were sought within few weeks from general public. This was the time when Afzal Guroo was executed in Tihar jail and Kashmir valley was put under strict curfew for more than a week. A large section of people felt that Government apparently sought to use that situation to formally introduce the abhorrent Police Bill that would have turned Jammu and Kashmir into a police state. But Government didn’t go ahead as they sensed public anger and agitations .
The main opposition party during that time ie Peoples Democratic Party (PDP) had opposed the move of introducing the police bill. Mehbooba Mufti the PDP president has said on record that her party would oppose passage of the Police bill 2013 . PDP President in one of her statements had said “The proposed Police Bill is an attempt to institutionalize the dreaded Ikhwan culture in the State, and is aimed at creation of Special Security zones (SSZs) and legalization of Village Defence Committees (VDC’s) ” .
Civil society organizations like Commonwealth Human Rights Initiative (CHRI) which has been working on police reforms in India and other south Asian countries for the last more than 15 years has appealed Jammu & Kashmir Government to hold consultations with public on the pattern of Kerala. Navaz Kotwal, who looks after Police reforms bench of CHRI at her New Delhi office had suggested that pre-legislative consultation adopted by Govt of Kerala should be followed in Jammu and Kashmir. It is important to mention that Kerala police bill was first placed on official website of Government with an email address inviting feedback from general public . Many suggestions which came were incorporated into the Draft bill . The same draft Bill was referred to a Select Committee of assembly and after their clearance the bill was send to state legislature.
7 Directives on Police Reforms :
Police Reforms generated debate in India after the Supreme Court Judgment of 2006 which suggested for seven directives. These directives are the practical mechanisms to kick start the reforms. They make up a scheme which if implemented holistically will correct the common ills that create poor police performance and unaccountable law enforcement today. The seven directives are as follows:
Directive 1:
Constitute a State Security Commission (SSC) to:
(i) Ensure that the state government does not exercise unwarranted influence or pressure on the police
(ii) Lay down broad policy guideline and
(iii) Evaluate the performance of the state police
Directive 2:
Ensure that the DGP is appointed through merit based transparent process and secure minimum tenure of two years.
Directive 3:
Ensure that other police officers on operational duties (including Superintendents of Police in-charge of a district and Station House Officers in-charge of a police station) are also provided a minimum tenure of two years
Directive 4:
Separate the investigation and law and order functions of the police
Directive 5:
Set up a Police Establishment Board (PEB) to decide transfers, postings, promotions and other service related matters of police officers of and below the rank of Deputy Superintendent of Police and make recommendations on postings and transfers above the rank of Deputy Superintendent of Police
Directive 6:
Set up a Police Complaints Authority (PCA) at state level to inquire into public complaints against police officers of and above the rank of Deputy Superintendent of Police in cases of serious misconduct, including custodial death, grievous hurt, or rape in police custody and at district levels to inquire into public complaints against the police personnel below the rank of Deputy Superintendent of Police in cases of serious misconduct
Directive 7:
Set up a National Security Commission (NSC) at the union level to prepare a panel for selection and placement of Chiefs of Central Police Organisations with a minimum tenure of two years.
Tailpiece :
The draft police bill made public by National Conference lead Government in February 2013 was vehemently opposed by the PDP which was main opposition party during that time . This party is now heading the coalition Government in J&K with BJP . We must hope that the police draft bill will be taken out from the cold chamber so that a meaningful debate is again generated on this bill. We hope pre legislative debates / consultations are held with various stake holders across various areas of Jammu & Kashmir keeping into consideration the regional aspirations of all the people of state. I would also suggest that Police at district level be brought under the direct control of District Magistrate (DM). The DM should have powers to transfer or to take action against SHO of a police station. It has been observed that police is interfering into the matters which are beyond their jurisdiction like deciding land dispute cases etc inside the police stations itself. To stop all this it is important that civilian administration especially the District Magistrate should have some sort of control over police. In-fact the existing Jammu & Kashmir Police Act 1927 gives powers to District Magistrate for having some control over police but on ground this power is not at all executed by the District Magistrates .
(The author is RTI & Social Activist )
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