A day after the BJP-led government introduced an ordinance to modify the existing Police Reforms Act, the activists called it an eyewash alleging that the new Bill only takes up one out of six recommendations made by the supreme court. The government, in its new Bill, has only amended those sections which are connected to transfers of low rank police officers which the activists claim is an attempt to deviate from the real issues of policing.
A day after the BJP-led government introduced an ordinance to modify the existing Police Reforms Act, the activists called it an eyewash alleging that the new Bill only takes up one out of six recommendations made by the supreme court. The government, in its new Bill, has only amended those sections which are connected to transfers of low rank police officers which the activists claim is an attempt to deviate from the real issues of policing.
"The issue of transfers and their politicisation always kicks up a storm. In the ensuing furor, all other crucial issues get sidelined. It's not clear why the government is acting on the law in a piecemeal manner despite knowing that the entire legislation is gravely flawed," said Saurav Datta of the Commonwealth Human Rights Initiative, a body that has been vocal on the issues of police reforms.
Dolphy D'Souza of the Police Reforms Watch, who initiated the demand for change in Police Reforrms, called it a "patch work" done by the chief minister Devendra Fadnavis to save his face.
Fadnavis, when in opposition during the Congress-NCP regime, had supported the demand for these changes in the law that was passed by the previous government in June 2014.
On Tuesday, the Fadnavis government moved an ordinance before the assembly that aims at bringing transfers of personnel up to the rank of inspector under the Police Eastablishment Board Number 2. However, IPS transfers shall continue to be decided by the chief minister and for the Maharashtra Police Service officers above the rank of deputy superintendent, the decision will rest with the home minister.
However, issues like protecting police officers from undue political interference and implementation of the SC's guidelines on the procedure for setting up the state security commission (SSC) meant to monitor if police functions are performed away from the pulls and pressure of the government remain untouched.
"Why does the new act not include a shortlisting process for selection of DGP by the Union Public Service Commission? The Supreme Court had recommended this step to reduce political interference in the posting," asks D'Souza.
Also, a few other issues like the state government holding powers of taking the sole discretion to select (and effectively remove) the non-official members of SSC also remain untouched.
Similarly, there has been no mention of the appointment of a judge as a member of the SSC, as suggested by the court. Instead, there are three members from the political executive- the home minister, chief secretary, and the additional chief secretary (home).
Also, the Police Complaints Authority has not been set up in consensus with SC directives. "How can you have serving police officers as members of the complaints authority that is meant to hear cases against police officers? A fair investigation is not possible in such a case," D'Souza added.
Fadnavis had earlier found this law giving politicians "excessive and unjustified" control over the police. After becoming the chief minister, though, Fadnavis has not been able to spare time to meet these groups pushing for police reforms.
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