The Hindu : New Delhi News : Police Act draft proposes to bridge gaps

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Saturday, Sep 02, 2006

New Delhi

New Delhi

Police Act draft proposes to bridge gaps

It will give officers a chance to develop a team culture with their subordinates, says Prashant Pandey

Besides containing several forward-looking provisions, the draft outline for the new Police Act -- which would replace the grand old 1861 Police Act -- also contains a few innovative provisions that may help in making the police a more flexible organisation from within.

These provisions should not only encourage those at the lower rung of the hierarchy to work more freely but also give senior officers a chance to develop a team culture with their subordinates. In the long run, this should benefit an organisation that is often identified with a rigid hierarchy and a rather wide gap between the lower ranks and the officers.

One of the common threads running through the proposed draft, for instance, is that any action or decision taken in any context will have to be explained in detail in writing by the authority concerned. This should reduce the chances of officers exercising their powers over the subordinates in an arbitrary manner.

To give an example, while the draft seeks to fix the tenure of the senior police officers, including that of the Director-General of Police (DGP), for a minimum of two years, it has also been suggested that the tenure of officers at the police station be fixed for a minimum of two and a maximum of three years. Any authority removing such an officer before the expiry of the tenure will have to explain the same in writing to an authority higher than him and, ultimately, to the DGP. The officer in question shall be free to make his or her representation to the State Police Board against his or her removal. The Board shall consider it and give the ruling accordingly.

Also, security of tenure at the lower level is more likely to give the officer on ground a certain degree of freedom to work with.

The draft also talks about lower level functionaries being given adequate opportunities to advance in their careers. It also proposes limiting the work hours of the policemen to eight hours a day. On the other hand, to ensure speedy disposal of disciplinary proceedings against any officer, the draft proposes to make the Director-General the highest authority for appeal in such cases.

Together with various welfare measures proposed for the policemen -- including insurance, housing facility, risk allowance and career counselling for their wards -- such provisions should provide a framework within which the lower level policemen would be able to work with a high degree of morale. Also, these would reduce the rather constant fear of the superior officer among them. Such an arrangement was least likely to affect discipline within the organisation as there are adequate provisions for punishments and penalties for the lower level functionaries. For instance, the proposed draft provides that none of the officers or men at the lower level can refuse taking lawful orders passed by an authority higher to them.

Through the new draft, an attempt is being made to make the police attuned to the democratic aspirations of the people. Also, the draft seeks to make the police a "service" and not a "force". This would require structural as well as attitudinal changes from within the organisation.

A policeman will now be increasingly expected to be courteous yet firm and the same would be expected from an officer. But for them to be working on the same wavelength it is imperative that they treat each other as "one of them" and not be divided between "us" and "them". In any case, the distinction between the lower ranks and the officers is also a relic of the Raj when officers were usually the British sahibs while the natives were at the lower levels.

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