Kerala adopts new law to make police force ‘professional’

By Ashraf Padanna /Thiruvananthapuram

The law also aims to make the police "capable of protecting the integrity and security of the state and upholding rule of law with due transparency and regard for human rights, liberty and dignity of citizens.”

The Kerala Police Bill 2010 containing several initiatives to modernise the police force in the state and bring in transparency after almost five decades, was adopted unanimously after a marathon debate for ten and a half hours that suggested several amendments. Home Minister Kodiyeri Balakrishnan piloted the bill.

The police will now undergo strict social auditing and those who take bribe or fleece complainants will end up seven years in jail and loss of 12 months’ salary.

Police Complaints Authority will be set up at the state and district levels for the public to file their complaints against the police and there will be a scrutiny committee to review the activities of the police time to time. The Janamaithri neighbourhood policing introduced in the state a couple of years back was also incorporated in the bill providing it the legal sanctity.Another panel will be set up to look into the internal issues of the police force. Those who misbehave with women get three years in jail. The quasi judicial panels like state Women’s Commission, Human Rights Commission and Backward Classes Commission will get unbridled access to the police stations to probe the excesses.

Police should not summon the witnesses to the police station but should go to their places to question them instead. In extraordinary cases where summoning people becomes necessary, they should be given adequate food, water and an allowance equivalent to their daily wages if needed to stay eight hours in the police station. If anyone of the citizen incurs expenses or loss of money during investigation, it is the duty of the police to compensate them.

The police stations will be provided with sufficient working area and sufficient infrastructure including a reception area for public with adequate facilities and sufficient space for civic amenities including wash rooms and toilets for the staff, visitors and those in custody. The State Police Chief will review these facilities in every police stations every year and take steps to upgrade the facilities to the desired level.

The State Security Commission, headed by the home minister, and consisting of law minister, leader of opposition and top police officials and bureaucrats besides eminent people from the areas of law, human rights, law, social service and management of public administration will be formed to frame the broad policy guidelines for the functioning of the police, issue directions, evaluate the performance of the police in general. The Commission will also prepare an yearly report of its functions which will be placed before the Legislative Assembly.

The Indian Lawyers’ Congress (ILC) meanwhile termed sections in the Bill a threat to people’s freedom and rights enshrined in the Constitution which will turn the State into a police state.

The Bill says that a police officer is bound to take appropriate action on a complaint to the police "provided the officer has no reason to suspect that the complaint is pseudonymous, anonymous or manifestly false or frivolous or trifling.”