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Government of India Ministry of Home Affairs GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO. †386 TO BE ANSWERED ON THE 19TH JULY, 2017/ ASHADHA 28, 1939 (SAKA) REFORMS IN POLICE ADMINISTRATION †386. SHRI PRABHAT JHA: Will the Minister of HOME AFFAIRS be pleased to state : (a) whether it is a fact that there is a need to make sweeping reforms in police administration and its working in order to make law and order of country more effective; (b) if so, details thereof; (c) whether Justice Thomas Committee, constituted by Supreme Court had stated in its report in 2010 that there is apathy towards police reforms in States, while in 2013, Justice Verma Committee had stated in its report that compliance of orders of Supreme Court is essential for bringing basic reforms in police administration; and (d) if so, details thereof? ANSWER MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAJ GANGARAM AHIR) (a) to (d): The need to implement various police reform measures has been underlined in various conferences of Chief Ministers and Director Generals of Police/Inspector Generals of Police (DGsP/IGsP). The Centre had also set up various/ Commissions/Committees on police reforms and reviewed it from time to time to make police more efficient, effective, responsive to the needs of the people and accountable to the Rule of Law. Further, as ‘Police’ is State -2/… -2- RS.US.Q.No.386 FOR 19.07.2017 subject under the seventh schedule of the Constitution of India, it is primarily responsibility of the State Governments/UTs administrations, to implement the reforms in police administration and its working in order to make law and order of country more effective. The Centre persuades the States from time to time to implement the requisite police reforms. The Supreme Court by an Order dated 16.05.2008 set up Justice Thomas Committee to examine the affidavits filed by the different States and the Union Territories in compliance of its seven directives pronounced on 22.9.2006 in Writ Petitions (C) No. 310 of 1996 – Prakash Singh & others and Union of India and others. Also wherever the implementation was falling short of the Court Orders, the Committee was mandated to advise the State Governments on the basis of ground realities and after considering the respondents’ stated difficulties in implementation. The Committee submitted its report to the Hon’ble Supreme Court which was circulated to the States and Union Territories by the Hon’ble Supreme Court on 4.10.2010. The Hon’ble Supreme Court is monitoring the implementation of its directives ibid. The Justice Verma Committee, in its report has opined that ensuring full compliance across all of India of the Judgement of Hon’ble Supreme Court in W.P. No. 310/1996, Prakash Singh Vs Union of India was of utmost priority to national welfare. The status of implementation of various directives given by the Hon’ble Supreme Court by various States/UTs is given in the annexure. ***** Annexure to RS US Q. No. 386 for 19.7.2017. Compliance of Supreme Court Six directions in respect of the States/UTs. 5. Set up a Police Establishment 2. Selection of the Director 3. Prescribe a 4. Separate Board at the State General of Police of the minimum tenure of investigating 6.Constitute Police level for, inter alia, 1. Constitute a State State from amongst the two years to the police from law & Complaints Authorities at deciding all Security Commission three senior-most officers police officers on order police, the State and District level transfers, postings, on any of the models of the Department operational duties starting with for looking into complaints promotions and Sl.No. States/Uts recommended by the empanelled for promotion towns/urban against police officers other service National Human to the rank by the Union areas having related matters of Right Commission, Public Service Commission population of ten officers of and the Reberio and once selected, provide lakhs or more, below the rank of Committee or the a minimum tenure of at and gradually Deputy Sorabjee Committee least two years irrespective extend to smaller Superintendent of of date of superannuation. towns/urban police. areas also. 1 Andhra Pradesh No - - - Yes No No ( core group on - - - 2 Arunachal Pradesh security exist in place Yes No of SSC) 3 Assam Yes - - - Yes Yes Yes Yes Yes Yes with some 4 Bihar Yes Yes * modification 5 Chhattisgarh Yes Yes Yes Yes Yes Yes 6 Goa Yes Yes Yes** 7 Gujarat Yes Yes with deviation Yes with deviation Yes with deviation Yes Yes *** 8 Haryana - - - - - - 9 Himachal Pradesh Yes Yes Yes Yes Yes Yes Yes Yes a separate crime Detection Cells have been set up 10 Jammu & Kashmir Yes in the police Yes Yes Stations in twin cities of Jammu and Srinagar - - - Working as State Human 11 Jharkhand Yes Yes Rights Commission yes Sec 20 9F) of Sec 20(G) of 12 Karnataka Yes Yes Yes Karnataka Police Karnataka Police (amendment) act (Amendment) act 2013 provides for 2012 provides for officers in charge of separation of police stations, crime circles, sub-divisions, investigation and districts and range i.e. Law and Order. operational duties for a minimum of 1 year. 13 Kerala Yes - - - Yes Yes 14 Madhya Pradesh Yes - - - Yes Yes 15 Maharashtra Yes Yes Yes Yes Yes Yes 16 Manipur Yes Yes Yes Yes Yes Yes Yes Yes Implemented in Shillong and Tura 17 Meghalaya Yes town, though they Yes Yes are not having 10 lakhs population 18 Mizoram Yes - - - Yes Yes **** Yes Yes Yes Notified and yet to be 19 Nagaland Yes Yes implemented 20 Odisha No - - - Yes Yes 21 Punjab Yes - - - Yes No ( to be established) 22 Rajasthan Yes - - - Yes Partly Yes***** 23 Sikkim Yes Yes Yes NA Yes Yes 24 Tamil Nadu Yes Yes Yes Yes Yes Yes 25 Telengana No - - - No No Yes As per Tripura Police -NA- Act, 2007, there is a mechanism for 26 Tripura Yes Yes Yes minimum tenure for certain levels of officials 27 Uttar Pradesh Yes Yes Yes Yes Yes Yes 28 Uttarakhand No - - - Yes Yes 29 West Bengal Yes - - - Yes Yes Yes UT administration is The ensuring minimum Recommendation tenure of two years is for the cities for SHO’s. However, and town where 30 A & N Islands Yes Yes Yes the Tsunami affected the population is areas of the territory, over 10 lakhs. the administration However the has been posting Hon’ble Supreme officials for tenure of has directed to one year, in view of gradually extend prevailing hard living in smaller condition in view of towns/urban prevailing hard living areas also. In this condition in these UT, total Islands this policy separation of needed to be investigation from continued till the law and order is working conditions not required as are improved. the population is Further, only in thousands officers/official may in the Jurisdiction be considered for pre of many Police mature transfer on Stations. If their own request for separted, one compelling personal wing may be idle difficulties. for large period of time in many PSs. As such, it has been decided to enhance the strength of Central Crime staion at Port Blair. A proposal for creation of 1 post of Dy. SP, 5 SI, 5 ASI and 10 HCs for strengthening the Central Crime Station, Port Blair pending with MHA. Appointment to the post of Necessary provisions Necessary Chief of Chandigarh Police is in this regard have provisions in this made by the GOI/MHA. been made in section regard have been Necessary provisions in this 15 of the Punjab made in section regard have been made in Police Act, 2007 as 36 of the Punjab section 6 of the Punjab extended to the Police Act, 2007 as 31 Chandigarh Yes Yes yes Police Act, 2007 as extended Union Territory, extended to the to the Union Territory, Chandigarh. Union Territory, Chandigarh Chandigarh. Full implementation is under consideration No post of DGP sanctioned Pertaining to MHA Population of to the Union Territory of Dadra and Nagar 32 D & N Haveli No Yes Yes Dadra and Nagar Haveli. Haveli is recently 04 lakhs (approx.) In UT of DD&DNH the senior No comments No comments most police officer is of the 33 Daman & Diu Yes rank of IGP/DIGP who is yes Yes posted by MHA and normal tenure is of two years. yes Yes Delhi Police on the subject matter has informed that Delhi Police has 34 Delhi Yes specialized cells Yes Yes for investigation such as EOW, CAW, Special Cell etc. 35 Lakshadweep Yes Yes Yes 36 Puducherry Yes As it is U.T. is done by MHA. yes yes yes Yes * Bihar (yes, with some modification) :Section 59 of the Bihar Police Act, 2007 provide the constitution of a “District Accountability Authority” for each District. The goal of the protection of Human Right has also been incorporated in Police Act. Section-26 of the Act provides that the complaint regarding violation of human Rights by Police shall be dealt with as per the procedure prescribed by the protection of Human Rights Acts, 1993 and by the State Human Rights Commission constituted under the Act. **Goa: constituted a State Level Police Complaint Authority under Chairmanship of rtd. Justice DR. Eurico Santana da Silva. *** Gujarat (yes, with deviation): Provision for State Police Complaint Authority has been made in section 32 F of the Bombay Police (Gujarat Amendment) Act, 2007 and board has been constituted vide Government resolution. **** Mizoram (yes but partially): Full compliance of this direction is not possible for want of retired judges in Mizoram. In the State’s Affidavit filed in the Hon’ble Supreme Court in Dec/2006, a request was made for permission to constitute one State-level Police complaints Authority with a retired IAS/IPS Officer of appropriate level as its head since retired High Court judges are not available in the State.
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