Starting October 3, The Morung Express is publishing a series, “101 Things You Wanted To Ask About the Police but Were Too Afraid To Ask,*” an easy guidebook published by the Commonwealth Human Rights Initiative (CHRI) on knowing the police better. The questions 27-5 in the series are given below:
Who gives money for policing?
The police are paid by the taxpayer to provide a service. Salaries come out of the state government budget and the budget of the central government. But in the end it all comes out from the pocket of the tax payer.
Where do the police get its money from?
Every state has a budget that is allocated exclusively for providing police services. The police get the money from this budget.
Who approves the budget and what does most of it get spent on?
The budget is decided by the state legislature. In the case of union territories the budget is approved by Parliament. The first draft is prepared by the DG of the Administrative section. This draft is then sent to the DGP for approval.
From there it goes to the Home Department. Then the finance ministry approves it and sends it for cabinet approval as part of the state budget and then it goes to the legislature for discussion. After discussion in the legislature the police budget for the year is finally approved. In the state budget the biggest portion of all money given for policing is spent on salaries. Other items of expenditure are on training, investigation, infrastructure, housing etc.
How do we know that the money the police get is properly spent?
There is an annual audit of accounts and monies spent by the police conducted by the Comptroller and Auditor General (CAG). These accounts are given in the Parliament and state legislatures. Once examined, the reports are sometimes available on the website of the home/police department or in the Parliamentary library. You can also use the Right to Information Act to ask for annual police spending. Since policing is done using taxpayer's money, which means your money, you should take interest to see that this money is properly spent.
What laws govern the police?
The Police Act of 1861 governs the police in most states. A few states have their own police act, but all police acts are essentially modelled on the 1861 Act.
Very recently some states have revised their acts and created new police laws. There are also other criminal laws like the Code of Criminal Procedure (CrPC) and the Indian Penal Code (IPC), as well as local laws, which govern the work and functioning of the police.
What does the Police Act say?
The Police Act talks about what the police can and cannot do; how the police force will be organised; what ranks there will be; who will supervise the force; who will make appointments; what punishment and disciplinary actions the police will face for any wrongdoing. It also lays down some rules for the public to follow.
Why does the Police Act have offences by the public in it?
These few offences are put in to make sure that everyone keeps roads and public spaces clean, uncluttered, safe, decent and free from disease. For instance, the police can immediately arrest a person for letting animals roam around on the road, slaughtering them, or being cruel to them.
People who obstruct the road, or dirty it, put goods out for sale on the road without a licence, are indecent, drunk or riotous, or neglect to make sure that dangerous places like wells were kept safe by fencing etc can also be arrested immediately.
What does 'rule of law' mean?
It means that we - all of us, high or low, rich or poor, man or woman, and even the government and public servants like the police - have to obey the law and must live according to the laws that are laid down in our country under our Constitution. No one is above the law. It also means that every action by the police has to be according to the law and, if not, the police will be accountable before the law. It also means that the laws that are made must be reasonable, just and apply to all of us in a fair way.
Can a police officer be punished if he has done wrong?
Yes. A police officer, just like anyone else can be punished if he breaks the law. In fact, because he is a person entrusted with upholding the law he should be punished more severely for breaking it. There are many means of punishing a police officer who has done wrong. If he has committed a crime then he can be brought before the courts and tried just like anyone else.
If he has been rude, behaved badly or not done his duty as he should, then his senior officers can punish him by giving him a warning, cutting his pay, reducing his rank, suspending him or transferring him.
Check Last Week Questions here:
CHRI’s ‘Things You Wanted To Ask About the Police But Were Too Afraid To Ask’- 5
(To be contd…)
Source: *Written by Navaz Kotwal and Maja Daruwal, the contents of the book are reproduced here with permission from the CHRI. To know more about CHRI visit: http://www.humanrightsinitiative.org
