The debate on the proposed Police Reforms Bill has come at an opportune time. As being advocated by civil and human rights advocates, the tabling of the Bill in the upcoming budget session of the Assembly should be preceded by a public debate on the contents of the Bill. Even as the proposed Bill is believed to be structured on the pattern of the draft Police Reforms Bill prepared by the Soli Sorabjee Committee, there is a room for consultation.
Jammu & Kashmir needs police reforms the most, primarily because there it is faced with two extraordinary situations. J&K's policing system is highly influenced by the British and the Dogra Maharaja reins, where democratic accountability did not exist. It is also influenced by the extra-constitutional laws like the Armed Forces Special Powers Act, Disturbed Areas Act and a stringent Official Secrets Act. Police as an organisation in J&K, its role, police-public relations, political interference with its work, misuse of unbridled power, necessary accountability and performance evaluation are areas where reforms cannot be put on the shelf any more.
J&K's policing system continues to be highly influenced by the colonial police law passed in India 1861. Lack of transparency in the transactions of the police in this State, often facilitated by the extra constitutional laws and colonial policing practices, has serious implications for its peace and security. There is a huge scope for transparency even as the 'sensitive' areas are guarded from undue 'exposure'. The Model Police Act has called for transparency in all police activities except for the areas of operations, intelligence that is used to plan and conduct investigations, privacy of the individual citizen and judicial requirements.
It has been stressed in Model Police Act that police performance should not be evaluated primarily on the basis of crime statistics or number of cases solved. In J&K, police officials' performance continues to be rated on the basis of the number of 'militants' killed, arms and ammunition recovered, information sought about people indulging in "anti national activities" and so on. This system of performance evaluation and rewarding has seriously eroded the rule of law in this State. Another area of concern which is being addressed in rest of India is the system of promotions and transfers of police officers. The Model Police Act has recommended that before promotion to the rank of Superintendent of Police, Deputy Inspector General of Police or Inspector General of Police, all India Police Service officers should be required to undertake a pre-promotion course, followed by an examination and an objective selection process. This procedure needs to be adopted in both IPS and KPS cadres in J&K and would go a long way in eliminating undue political interference in police. It has been recognised that the threat of transfer or suspension is the most potent weapon in the hands of the politicians to bend the police to their will. All this has resulted in serious erosion of rule of law and loss of police credibility as a professional organisation.
The serious dearth of women police officers and police stations in J&K also needs immediate action. The way male police have been dealing with women filing complaints in police stations and the manner male police have been treating peaceful women protests on the streets cannot by any stretch of imagination be a part of a democratic set up. Time has come for us to have a State Security Commission and a State Police Commission, setting up of Complaint Cells at district and provincial levels and create systems of checks and balances to make this institution people-friendly and modern. Meaningful police reforms will be critical for establishing necessary checks and balances in the policing system, and to contribute significantly for the supremacy of the rule of law and establishment of peace in this State.

Lastupdate on : Fri, 18 Feb 2011 21:30:00 Mecca time
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