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letter to padc re model police act

letter to padc re model police act

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Published by diabloernest
Letter from CHRI including comments on PADC remodel police act.
Letter from CHRI including comments on PADC remodel police act.

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Published by: diabloernest on Aug 31, 2007
Copyright:Attribution Non-commercial


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Commonwealth Human Rights Initiative
NGO in Special consultative Status with the Economic and Social Council of the UnitedNations
B-117, First Floor, Sarvodaya Enclave, New Delhi
110 017Tel: 91-11-2686 4678,2 685 0523 Fax: 91-11-2686 4688E-mail: chriall@nda.vsnl.net.inWebsite:www.humanrightsinitiative.org 
Executive Committee 
B.G. Verghese
Chairperson &Treasurer 
Maja Daruwala
Director Members 
R. V PillaiAnu AgaK. S DhillonB. K ChandrashekarMool Chand SharmaHarivanshBhagwan DasPoonam MuttrejaSanjoy HazarikaNitin Desai30
October, 2006To
Dr. U.N.B. Rao,
 Member-Secretary,Police Act Drafting Committee,Ministry of Home Affairs,Government of India.
Dear Dr. Rao,Model Police Act, 2006
The Police Act Drafting Committee, set up by the Ministry of Home Affairs,had invited the Commonwealth Human Rights Initiative (CHRI) to beassociated with the discussions and drafting of the Model Police Act. Itwas heartening to see that the Committee appointed by the governmentrecognised the importance of including a human rights organisation in itsdeliberations.CHRI welcomes the Model Police Act, 2006, which aims to provide apolice service
and not a force
institutionalise best practices in policing, including mechanisms thatassure operational autonomy of the police, but at the same time temperthe autonomy through enhanced accountability to a civilian oversightagency. Other ideas of evaluating the performance of the police againstset criteria, providing adequate and regular training and improving theservice conditions of junior officers are also praiseworthy.Nevertheless, CHRI has concerns about certain provisions in the differentchapters of the Model Act, and especially grave reservations to the
Policing in the Context of Public
large parts of which are in the nature of an emergencycontd..
FCRA Registration No. 231 650671; Registration No. S-24565 under SocietiesRegistration Act; Registration No. D.I.T. (Exemption)/94-95/C-390/94/417 U/S 80-GSupported by: Commonwealth Journalists Association, Commonwealth Trade Union Council,Commonwealth Lawyers Association, Commonwealth Legal Education Association,Commonwealth Medical AssociationCommonwealth Parliamentary Association, Commonwealth Press Union.
:law, has no place in a Police Act. Similarly, CHRI is of the view that the policeshould not have powers to remove people from their homes and cities, thusinterfering with their fundamental rights. The judiciary alone should exercise suchpowers. Furthermore, definitions of certain words including terrorist activity,militant activities, insurgency and the like should be precise and narrow withoutany scope for abuse. CHRI wants its views on these issues to be put on record.RegardsSincerely,Maja Daruwala
:1. A dissenting note to the inclusion of Chapter IX in theModel Police Act, 20062. Other issues of concern to CHRI.

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