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Sangath, www.sangath.com, is looking to build a centre for services, training and research and seeks to buy approx 1500 to 2000 sq mtrs land betweeen Mapusa and Bambolim and surrounding rural areas. Please contact: contac...@sangath.com or yvo...@sangath.com or ph+91-9881499458 http://lists.goanet.org/pipermail/goanet-goanet.org/2009-July/180028.html ------------------------------------------------------------------------ POLICE REFORMS BILL By John Eric Gomes Between the Government, Police and the Courts, people generally feel the System not only delays justice, but aborts it. It is reported that more than 30 million cases are pending in the Courts and the National Human Rights Commission receives more than 75,000 complaints a year. We have honour killings, Vigilante mobs Justice, caste conflicts and Panchayats awarding death sentences. Amartya Sen reviewing his recent book The Idea of Justice says "analysis of justice has to pay attention to the lives that the people are actually able to lead, rather than concentrating only on the nature of just institutions...Democracy can be seen as Government by Discussion". Below are my comments, and at the Round Table on The Police Bill held on 18th July 2009 in Panaji, a cross section of citizens from all walks of life from all over Goa gave their practical views with concrete examples of where the lacunae exists and some dangerously not in public interest. For example: People's democratically peaceful dissent cannot be legitimate for a Law and Order crackdown. I trust the Minutes will find its way to those finalising the Bill. The drafts Bill has eleven chapters and let us very briefly review the Draft Bill. Chapter 1- Short title, Extent, Commencement and Definitions: a) There is a big problem right at the beginning, in the Act's commencement, if it ever does commence in toto! The Bill says it will come into force on the date notified in the Official Gazette, however different dates may be there for different provisions of the Act! Then will follow the Rules without which the Act cannot be implemented. THIS IS NOT ACCEPTABLE FOR AN URGENTLY NEEDED AND LONG OVERDUE ACT. b) Cattle are defined as cows, buffaloes, elephants, camels, sheep, goats, swine, asses and also mules. No Leopards, dogs etc. Section77 (2) deals with cruelty to animals. So why is Cattle needed to be defined away from animals? Incidentally 77 (2) (ii) says:Any person who wantonly beats, abuses or tortures any animal will be fined not less than Rs10/- (and not more than Rs50/-) for first offence! c) I do not understand why militant activity has to be only with explosives and only terrorist activity includes terror to society. They may also have other than political objectives? d) Police Officer is any member of the police service, as against Police Personnel which also include police officers! Overlapping, so all members of the force can be considered as officers? Chapter 2-Constitution and Organisation of Police Service The important terms of office of key police functionaries are laid down as two years and exceptions to transfer before two years are also laid down, as are powers of a District Magistrate. Section 12 states that there shall be a State Intelligence and Criminal Investigation Department whichI could not find specifically in accordance with chapter five (see below). Chapter 3- Control, Supervision and Direction of Police Force Things to note are Section21 which categorically states: The powers of superintendence over the police service in all matters shall vest with the State. There is Police Range (not defined in Definitions) and Police District. The DG is appointed on Central government orders by the State government, which appoints the Police Range Officers under the DG. Chapter 4- STATE POLICE COMMISSION AND PANEL FOR SELECTION OF INDEPENDENT MEMBERS This is the most important section where politics must be firmly kept out for non interference by politicians. This is not done for the Act states that the Home Minister will be the Chairman of the State Police Commission. This means he will be advising himself! The Chairman for selection panel of independent members is the Chief Minister! This means independent members will be chosen for towing the government line. Transfers of DySP and above also cannot be done without government approval! Chapter 5- Functions, Duties and Responsibilities of Police Officers It is necessary to add a Para on helping/guiding public in choosing appropriate police station and settle matter of jurisdiction on the spot for the convenience of the public. Complaints should be permitted at the nearest Police Station for quick action. Like all government Departments the Police must exhibit the mandatory "Citizens Charter"! Chapter 6- Policing for Public Order and Internal Security AND Chapter 7- Special Orders for separating Crime and Law and Order. IT IS IMPORTANT THAT WORD "MAY" IS REPLACED BY "SHALL" No more delay must be tolerated or built in for this separation; the earlier the better! Chapter 8- Welfare and Grievance Redressal- This must be better organized. Composition, Responsibilities, mechanism etc.Nothing is laid down. Chapter 9- General Offences and Penalties - Section77(2)(iii) The throwing of garbage finds mention which is a good thing but what is not is Section 67 where: No court shall take cognizance of any offence committed by any police officer under this Act without previous sanction of officer authorized by the government. In a Democracy isn't this is illegal? Our government seems to go by "Where there is a Bill, there is a way". Chapter 10- Police Accountability- Here again it appears government will delay appointing a Lokayukta, and have its own appointees on the State Police Accountability Authority Board! It states: "The State may as soon as maybe establish" this authority comprising of the Lokayukta, and if Lokayukta is not appointed by the time the Act comes into force the government may constitute this board until Lokayukta is appointed! I cannot understand why there are so many MAYS and why after all these years more uncertainty and delay is built into this Act. Chapter 11- Miscellaneous- Anyone aggrieved by the Act, may apply to annul, reverse or alter any order under this Act. The State Government has the power to make Rules for carrying out the purpose of this Act! These Rules have to go before the State Legislature only when it is in session for 14 days etc. (The Goa Cooperative Act was published about 15 years after it was drafted and the Rules took another 5 years!) In this draft Bill, all the insecurities of the government are evident in these wishy-washy clauses. I trust this professed aam admi Government will heed the Supreme Court and people's views and needs and therefore exhibit the will to QUICKLY bring this ACT with the Rules into force in a time bound and professionally efficient manner. The finalized Act must be thrown open for easily accessible and time bound public scrutiny, their suggestions and objections, after which an ordinance can be issued if Assembly cannot be summoned. This should be an example to all other States and is vital in public and national interest. (ENDS)
