PANJIM: Despite repeated announcements by successive governments, the State has lagged in enacting a Goa Police Act. The act hasn’t seen the light of the day for over two decades. The announcement by Chief Minister Pramod Sawant has once again raised hopes of strong Police Act for the State. However, the political apathy and fear of bureaucracy of police getting evermore powerful, especially with the power of transfers taken away from the netas, has reduced the likelihood of the Act becoming a reality.
This time it is PM MODI inspired bill and the Goa government would like to grant his wishes
On March 29, while presenting the Goa Budget 2023-24, Sawant announced that the government has initiated the process to draft the new Goa Police Bill, 2023 in line with the model bill prepared by the Ministry of Home Affairs.
The Chief Minister’s announcement is nothing new for Goa. There have been two more attempts to introduce the bill in the Goa Legislative Assembly the first being in 1996, which was based on the Singapore model of policing. It was rejected by the then President of India. In 2008, the bill was re-drafted and tabled in the Assembly in 2009. However, nothing happened but it was later sent to the Select Committee and lapsed in 2012 after the dissolution of the Assembly.
While the Model Police Act seeks to cover the entire field of police administration, it is self-sufficient in nature and does not draw any support from the other substantive law for the purpose of administration. It is an act in the right direction, which can be a good alternative to the archaic old Act that governs the policing system in Goa.
The Model Police Act envisages
Transfers: Under the Police Act 1861, there is no specific provision regarding transfers. The police being under the State government is always subject to frequent transfers on the wishes of the government.
Under the Model Police Act, 2006, the power to transfer is given to different authorities depending on rank or post. The transfer is prohibited by any authority other than the one specified in law.
The Model Police Act also provides for strict rules for promotions, appointments, strengthening investigations, performance and police misconduct.
Along with the above provisions the Model Police Act also provides clear jurisdiction to police in handling cases that come before the police stations. Presently, there are regular conflicts between the police and bureaucracy.
Hear it from Bosco George (IPS) just retired Deputy Inspector General, Crime and Range. “Our bill is stuck at the legislature level. I think there is no will or urgency among the legislature to enact the law. At present for any action there is a dual executive provision which is the magistrate and the Police. Ultimately in this set up nothing really happens. When there is a clear devolution of powers and responsibilities like the Commissioner in Mumbai who is responsible for everything. There is no confusion or pushing of responsibilities like what happens in Goa,” George said.
Maharashtra, Karnataka, Bihar and Punjab have a Police Act
No unwarranted pressure on the police
The Supreme Court in the 2006 case of Prakash Singh versus Union of India issued directions to the State and Central governments and tried to address the problems in the present police laws. The Supreme Court in its order asked the States to constitute State Security Commissions to ensure that the State governments do not exercise unwarranted influence or pressure on the police; to lay down broad policy guidelines, and to evaluate the performance of the State police, enact a new legislation if they do not have one.
After these guidelines were issued, many States enacted specific legislations for the police force. States like Maharashtra, Karnataka, Bihar and Punjab have their Police Act while others have adopted acts of other States. However, Goa has been lagging in enacting the Act.