Tamil Nadu has taken the first step towards ushering in police reforms by promulgating an ordinance, days before the Supreme Court is slated to take a call on reining in states that have not complied with its guidelines issued in 2006. The state, however, has fallen short of complying with the guidelines on many counts.
A significant feature of the ordinance is creation of a separate investigation wing in every police station. Without orders from zonal IG, the personnel from the wing can’t be drafted for bandobust duty. Though Tamil Nadu, for long, has been having separate crime wings in every police station, they used to handle only property-related crimes. Investigation into cases like murder was the duty of law and order police.
On the selection of the state police chief, the ordinance says the DGP (law and order) will be picked from among five senior-most police officers empanelled by the Union Public Service Commission. It also provides for a minimum tenure of two years to the selected officer, irrespective of date of superannuation. Similarly, all officers heading police stations, districts and commissionerates will have a minimum tenure of two years. They are, however, subject to superannuation and promotions.
The government has set up a state security commission with home minister as chairperson to frame guidelines to improve efficiency in policing. The commission will evaluate the force on operational efficiency, public satisfaction and observation of human rights standards. It will have leader of the Opposition, chief secretary, home secretary and chairpersons of Tamil Nadu Public Service Commission, State Human Rights Commission, State Women’s Commission and State Minorities’ Commission as its members. DGP will be the member secretary. The commission, however, is dominated by government officials and its nominees. Moreover, though the commission’s annual report will be tabled in the assembly, the recommendations are not binding on the government.
A police establishment board has been set up with the DGP as chairman and four senior additional DGPs as members to recommend promotions and transfers of officers from superintendents of police up to inspectors general of police. Similarly, a state police establishment committee will consider matters relating to promotions and transfers of officials below the rank of additional SPs. However, contrary to SC guidelines, these bodies do not enjoy full autonomy.
Though state police complaints authority and district police complaints authorities have been set up to look into complaints against police personnel, they are headed by home secretary and district collectors respectively.
The state chose to take an ordinance route as it will take longer to pass a police bill. Though the previous DMK government introduced a bill in the assembly in 2008, it was referred to a select committee and lapsed at the end of the assembly’s tenure in 2011.
Commenting on the ordinance, former BSF director general Prakash Singh, whose petition prompted the SC to issue guidelines, said, “Passing an ordinance is an extraordinary measure. It appears to have been motivated by a desire to be on the right side of the SC. But the powers given to the security commission and police establishment board are inadequate and the composition of state and district level complaints authorities is violative of the directives”.
KHAKI RULES CHANGE Ordinance will ensure change in policies for efficient policing
UPSC to form a panel for DGP selection
DGP to have a fixed tenure of two years irrespective of the date of superannuation
Officers heading police stations, districts and commissionerates to have a two-year tenure, subject to retirement or promotion
State security commission with the home minister as chairman set up to frame policy guidelines
Police establishment board set up with DGP as chairman to decide transfers and promotions of SPs, DIGs and IGs
Separate investigation wing to be created in all police stations
A significant feature of the ordinance is creation of a separate investigation wing in every police station. Without orders from zonal IG, the personnel from the wing can’t be drafted for bandobust duty. Though Tamil Nadu, for long, has been having separate crime wings in every police station, they used to handle only property-related crimes. Investigation into cases like murder was the duty of law and order police.
On the selection of the state police chief, the ordinance says the DGP (law and order) will be picked from among five senior-most police officers empanelled by the Union Public Service Commission. It also provides for a minimum tenure of two years to the selected officer, irrespective of date of superannuation. Similarly, all officers heading police stations, districts and commissionerates will have a minimum tenure of two years. They are, however, subject to superannuation and promotions.
The government has set up a state security commission with home minister as chairperson to frame guidelines to improve efficiency in policing. The commission will evaluate the force on operational efficiency, public satisfaction and observation of human rights standards. It will have leader of the Opposition, chief secretary, home secretary and chairpersons of Tamil Nadu Public Service Commission, State Human Rights Commission, State Women’s Commission and State Minorities’ Commission as its members. DGP will be the member secretary. The commission, however, is dominated by government officials and its nominees. Moreover, though the commission’s annual report will be tabled in the assembly, the recommendations are not binding on the government.
A police establishment board has been set up with the DGP as chairman and four senior additional DGPs as members to recommend promotions and transfers of officers from superintendents of police up to inspectors general of police. Similarly, a state police establishment committee will consider matters relating to promotions and transfers of officials below the rank of additional SPs. However, contrary to SC guidelines, these bodies do not enjoy full autonomy.
Though state police complaints authority and district police complaints authorities have been set up to look into complaints against police personnel, they are headed by home secretary and district collectors respectively.
The state chose to take an ordinance route as it will take longer to pass a police bill. Though the previous DMK government introduced a bill in the assembly in 2008, it was referred to a select committee and lapsed at the end of the assembly’s tenure in 2011.
Commenting on the ordinance, former BSF director general Prakash Singh, whose petition prompted the SC to issue guidelines, said, “Passing an ordinance is an extraordinary measure. It appears to have been motivated by a desire to be on the right side of the SC. But the powers given to the security commission and police establishment board are inadequate and the composition of state and district level complaints authorities is violative of the directives”.
KHAKI RULES CHANGE Ordinance will ensure change in policies for efficient policing
UPSC to form a panel for DGP selection
DGP to have a fixed tenure of two years irrespective of the date of superannuation
Officers heading police stations, districts and commissionerates to have a two-year tenure, subject to retirement or promotion
State security commission with the home minister as chairman set up to frame policy guidelines
Police establishment board set up with DGP as chairman to decide transfers and promotions of SPs, DIGs and IGs
Separate investigation wing to be created in all police stations
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