Sanjeev Kumar Patro

News Highlights

  • In the case of Odisha, the State seems to be a full-time defaulter on police reforms. Neither has implemented/amended the police Act nor had accepted a single recommendation (out of 49) of the Mooshahary Committee.
  • By debunking both the police reformative plans, the State seems to be sending out an impression that it is not interested in implementing police reforms.

Even as the Odisha government lays much emphasis on the flagship transformative reform plan - the 5T - in every sphere of governance, the State goes coy when it comes to implementing police reforms in the State.

The Parliamentary Standing Committee on Home Affairs under the chairmanship of Deputy Leader of Opposition in the Rajya Sabha, Anand Sharma, has expressed its anguish over some states, including Odisha, for neither enacting the Model Police Act 2006 nor amending the existing Act.    

"The Committee is concerned to note that the Model Police Act was forwarded to all the States in 2006 and even after 15 years, so far only 17 States, viz. Assam, Bihar, Chandigarh, Chhattisgarh, Gujarat, Haryana, Himachal Pradesh, Kerala, Meghalaya, Mizoram, Punjab, Rajasthan, Sikkim, Tamilnadu, Telangana, Tripura & Uttarakhand have either enacted the Model Police Act or amended their existing Act. This shows laxity on the part of the remaining States."

The name of Odisha is not there in the list of 17 states.

Moreover, the Committee notes that 12 States/UTs i.e. Arunachal Pradesh, Assam, Chhattisgarh, Dadra & Nagar Haveli and Daman & Diu, Haryana, Jharkhand, Lakshadweep, Odisha, Rajasthan, Puducherry, Ladakh and West Bengal have not furnished any information on
the implementation of the 49 Recommendations of the Mooshahary Committee, despite
advisories/reminders from Ministry of Home Affairs.

The Key Takeaway

A look at the two concerns expressed by the Parliamentary Standing Committee on Home Affairs reveals that Odisha, and two other states, have no intention to bring any reform in the police establishment.

For instance, Rajasthan, West Bengal and Assam have not furnished any information regarding the implementation of the Mooshahary Committee, but have implemented the Model Police Act or had amended the existing Act.

In the case of Odisha, the State seems to be a full-time defaulter on police reforms. Neither has implemented/amended the police Act nor had accepted a single recommendation (out of 49) of the Mooshahary Committee.

By debunking both the police reformative plans, the State seems to be sending out an impression that it is not interested in implementing police reforms.

Professionalism High In Odisha Police?  

Government regulators are another name of police, said British Explorer Thomas Cook. In the State, Police have gone through many such howlers listed below.

  • Jan 21, 2022: The Orissa High Court while directing the State government to submit a status report on Dhinkia situation, pronounced for an immediate halt of police excesses on villagers at Dhinkia, the site of the proposed JSW steel plant.
  • On Nov 21, 2021: A JFMC in Cuttack district after expressing displeasure over the Odisha police probe in Mahanga double murder case, has asked the State police to preserve the CDR of all accused.
  • On Nov 19, 2021: Orissa HC calls for sensitising State police in rape cases.
  • On Sept 20, 2021: Orissa HC imposed a penalty on an IO for not complying to court orders.

The few samples where the top judiciary of the State has expressed virtual no-confidence on the Odisha police gives a reality check on the type of policing prevalent in Odisha.

What Model Police Act 2006 Says?

Following the recommendation by the Mooshahary Committee for the enactment of a New Police Act to replace the Police Act of 1861, the Ministry of Home Affairs had set up the Police Act Drafting Committee under the Chairmanship of Dr Soli Sorabjee to draft a new Model
Police Act in September 2005. And the Committee submitted a Model Police Act on 30th October 2006.

The Model Act had emphasized on a professional police service, which is efficient, effective, responsive to the needs of the people and accountable to the rule of law.

Model Police Act 2006 Vs Police Act 1861

As per Police Act 1861, the superintendence of the police lies with the State Government and it is exercised by the State Government to which the Police Officer is Subordinate. And police administration vests in the Inspector-General of Police and in such Deputy Inspectors-General and Assistant Inspector-General, as the State Government considers fit.

As per the Model Police Act, even as the superintendence of the police vests in the relevant state government, it is limited to promoting professional efficiency of the police and ensuring that “police performance is at all times in accordance with law".

The 2006 Model Act vests the administration of the police in the Director-General of Police. And the government cannot interfere with the DGP’s powers except in accordance with the prescribed rules or in exceptional circumstances (where reasons should be recorded).

The Model Act also asks for the setting up of a State Police Board (SPB). And the duties of the SPB are given below.

  • Frame broad policy guidelines for promoting efficient, effective, responsive and accountable policing
  • Select and prepare a panel (on the basis of seniority and merit) of three senior-most police officers for promotion to the post of Director General of Police
  • Identify performance indicators for police evaluation
  • Conduct organizational performance evaluation.

Mooshahary Committee 49 Recommendations

Out of the 49 recommendations made, Odisha scores a big 'ZERO' in implementation. Some important ones are given below.

Significantly, many states that didn't agree with some recommendations of the committee have replied in negative. But Odisha maintained a stoic silence over each of its recommendations.

  • For making 10+2 minimum educational qualification for recruitment as Constables and graduation for SIs.
  • For fixing the age of recruitment for constables between 17-21 years so as to catch them young and 20-23 years for SIs
  • Calls for setting up a State Police Recruitment Board to recruit constables. Bihar has accepted this fully.
  • Promotion should be based on merit - only 2 states implemented it fully. They are Gujarat and Delhi.
  • Calls for setting up Police Promotion Board. Bihar has implemented it in Toto.
  • Posting should be based on the type of training. Bihar and Delhi are among 18 states/UTs that have implemented it.
  • Asked for Separation of investigation from Law & Order
  • Outsource non-core police (guarding VIP houses, escorting prisoners, presenting summons etc) functions to free policemen for investigation.
  • A fixed tenure for key functionaries (police officers) to effectively protect them from whimsical and malafide transfers
  • For the setting of Police Establishment Board, which will decide transfer, posting and promotion of police officers.
  • As many as 21 states have implemented this, including neighbouring Chhattisgarh.
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