Mayawati’s changes in police system add to IPS demoralization
After the Nithari murders of children and the uncovering of Azamgarh’s link with terrorism in Jaipur and Ahmedabad, the Uttar Pradesh government has initiated some changes in the name of police reform but all that has been achieved is added frustration in the police cadre. The government’s decision to scrap the IG, zone post has been taken badly by the IPS cadre. For long, the cadre had been demanding implementation of the police commissioner system in large towns. But what they have been dealt is a demotion in status. Eight IGs were brought one rung down (range level). Chief Minister Mayawati said it would improve functioning and further strengthen the law and order machinery but the officers perceive it as a fallout of the old IAS-IPS rivalry. “It has once again proved IAS domination,” commented an IG bitterly.
The question is whether the DIG-SSP in these districts will be available on call to the District Magistrate, who in most cases would be junior to him. According to the Warrant of Protocol of the Union government issued in 1973 and ratified by the UP government, “DIG is above DM and SP is below DM.” “The government’s decision will lead to subordination of the DIG,” pointed out former DGP VKP Nair. “The DIG-SSP might not attend the meeting called by the DM.
The IPS and PPS officers in the state are also unhappy over the “reforms” introduced in the police department as their functioning will be affected. The SC directives stipulate fixed, two-year tenure for DGP, SP and SHO. But reality was exposed by a recent order of the Central Election Commission telling the UP government to remove all officers posted in one place for more than three years and send their names to the CEC. Surprisingly, the state government could not find a single such administrative or police officer. The truth is that police officers’ tenure at any place lasts no more than two or three months and this has affected efficiency. Within 20 months of coming to power, Mayawati changed 95 per cent of police officers who had spent no more than three months in their postings. Now, before imposition of the code of conduct for the coming Lok Sabha elections, the government is again in transferring mode. The state IPS officers’ association is virtually defunct, with the president’s post vacant for a long time, so the hapless officers have no voice.
The officers would be protected if, as directed by the Supreme Court, a state security commission is set up. The court also sought a police establishment board to decide all transfers, postings, promotions and other service-related matters of police officers below the rank of Deputy Superintendent of Police and make recommendations on postings and transfers of officers above this rank.
The present IG, establishment, AK Jain, happens to be the secretary (IPS) to the CM as well. Hence, one interpretation is that all inspectors will now be posted by the CM’s secretariat
According to what the Mayawati government has initiated, police headquarters will now post all the police station in charges. Till now, this authority was vested with the DIG and SSP of the range and district, respectively. Now it will come under the IG, establishment in-charge of all transfers and postings at the headquarters. Interestingly, the present IG, establishment, AK Jain, happens to be the secretary (IPS) to the CM as well. Hence, one interpretation is that all inspectors will now be posted by the CM’s secretariat.
It is also said that the post of IG, zone has been abolished to suit the interests of a couple of senior officers reportedly close to the CM. These officers, currently posted as IG, zones, are set to be promoted to Additional Director General (ADG) in the near future. Since IG, zone is the top post in the district police hierarchy, they will lose their powers to directly intervene in the functioning of the district police. So, once they are promoted, the government will create the post of ADG (Zone) to enable them to continue to enjoy their present authority.
Most IPS officers also believe that a handful of senior IAS officers close to the echelons of power have also managed to scuttle the prospects of the police commissioner system in the state by introducing these reforms. Mayawati, after coming to power in May 2007, had promised to introduce the commissioner system if the state police managed to control crime and the law and order situation. The IAS fraternity opposes the commissioner system as it will strip them of quite a few powers that they enjoy as District Magistrates. The new system also includes posting of all inspector-rank officers by the police headquarters. After the Auraiya engineer’s murder, the CM had announced that all police stations would be headed by inspector-rank officers only. Since inspectors will now be posted by Headquarters, it means that all police station in-charges will come under the direct purview of Headquarters.
In response to a PIL by two former DGPs, Prakash Singh and NK Singh, the Supreme Court also suggested setting up of independent police complaint authorities in the states and districts to look into public complaints against police officers. Again, states do not want to comply. The Centre has failed to enforce the directives. All it has done so far is to set up a law-drafting committee under Soli Sorabjee which submitted a draft Model Police Act to the Home Ministry.
Since the Supreme Court judgement 10 states have passed new police Acts, including Assam, Bihar, Chhattisgarh, Himachal Pradesh, Haryana, Kerala, Punjab, Rajasthan, Tripura and Uttarakhand. The remaining states are still governed by the Police Act of 1861. Mumbai and Delhi are governed by police Acts from 1859 to 1978.
According to People’s Union for Human Rights (PUHR) state executive member Rajiv Yadav, “This time it was 26/11 and Nithari. But on a daily basis how many people in Delhi alone get murdered, maimed, robbed and raped? Is the police able to prevent and investigate such cases and come to a quick solution? The fact is that ordinary security is not available.”
Had the Supreme Court directives been implemented, the police would have been removed from political control and given operational responsibility. Instead, the criminal-politician nexus is blooming and the ruling BSP is giving tickets to mafia dons and criminals like Mukhtar Ansari, Arun Shanker Shukla alias Anna that will lower the morale of the UP police.
Ignoring Supreme Court directives
On September 22, 2006, the Supreme Court delivered a historic judgement, in the Prakash Singh and Others Vs Union of India and Others case, stating six practical directives to kick-start the police reform process. The court’s directives make it binding on all state governments to frame appropriate legislation. The most important directives are 1 and 6 – on setting up State Security Commissions and Police Complaints Authorities. However, most states, including Uttar Pradesh, are reluctant to comply.
The reason is that the state governments do not want to create separate power centres, comprising independent bureaucrats. Thus, as Dr Arvind Verma, an IPS officer-turned-professor at Indiana University in the US, points out, the vested interests of politicians and powerful civil bureaucracy in keeping the police under their control is a major reason holding up vital reform.
Former DGP of Uttar Pradesh Prakash Singh says, “Just 10 tiny states have given an assurance but are yet to set up any mechanism to implement the judgement, while the bigger states like Uttar Pradesh have ignored it so far. UP Chief Minister Mayawati recently announced some steps to strengthen the state police, but she was silent on the police reforms that are pending and for which the state has to face the court. UP is followed by Bihar and Uttarakhand which have got a new police Act but it is so regressive that it takes you back to the days of the East India Company.”
