Every citizen of a country has a responsibility to follow and abide in Laws
in order to maintain public order. The three organs of government- Legislature,
Executive and Judiciary strives to fulfill the rule of Law in every country.
But, some of the people like to overrule the Law and create chaos and conflicts
among people.
Thus, the Police force has formed to maintain Law and order. Even though, they
have a pivotal role in dealing with crimes and judicial procedures, it is the
duty of citizens and the government to respect them and concern about their
welfare and standard of living. Every law or act is enacted by parliament to
nurture and protect the basic needs of human beings. Here, let's have a little
glimpse about police laws in various countries, including India.
Police Laws in USA
George Floyd Justice in Policing Act (2021):
This act was enabled in 2021 by
Democrats in United States Congress. The latter act, as a human rights act, was
drafted as a result of various strikes conducted because of death of Black
American people. This legislative initiation was named of George Floyd, an
Afro-American security guard, who was brutally died by white policemen. The main
objective of this act was to enable law enforcement over misconduct of court, to
reform police trainings and to make Police activities transparent.
Police Laws in UK
Police Reform Act (2002):
This act was enacted by the Parliament of United Kingdom in 2002. The latter act
was made in UK to enact new provisions in supervision, functioning, code of
conducts in Police force. The main objective of this act is to maintain
exercising power of police forces over those who are against the public
fraternity and liberty. This act has seven chapters, eight schedules and 108
sections.
Police Laws in Pakistan
Police Act (1861):
This act was enacted in 1861, in order to regulate the police force. This act
explains a clear act about some of the legal terms and comes up with the Police
laws prevailed in Pakistan. This act has 58 sections
Police laws in Australia
Surveillance Bill (2021):
This act was enacted in 2021 by Government of Australia promoting the
intelligence department of Police in dealing with cyber crimes. This bill speaks
about three warrants that helps the Criminal Intelligence department of Police
to deal with the cyber data and to spy on Australians who have committed Cyber
crimes and creating chaos in network.
Police Laws in India
Police Act (1861):
This act was enacted in 1861 by British government in order to regulate the
Police department of the country. Even though it was enacted for the earlier
India, now it is legalized by Government of Pakistan with variation in different
provisions. Some of the sections which was applicable during British India
period, was repealed by the Government of India. This act also mentions about
the power of the President and some of the Judicial officers like Magistrate,
State Government etc. This Act has 47 sections.
Police Complaints Authority (2006):
This organization was formed in 2006 as a result of the remarkable judgement of
Hon. Supreme Court of India in
Prakash Singh v. Union of India. This
authority deals with complaints regarding to misconducting of Legal activities
by the department of Police. The main role of this commission is to make the
services of Police transparent and make it in a professionalized method.
Police Laws in Kerala
The Kerala Police Act (2011):
This legal legislation was enacted in 2011 by the Government of Kerala. It is
defined in the introduction of the latter act as an Act to consolidate and amend
the law relating to the establishment, regulation, powers and duties of the
Police Force in the State of Kerala and for matters connected therewith and
incidental thereto. This act gives a clear definition of every institution,
positions of Police and their functions and duties to the public. This act has
Eight chapter and 130 sections.
Judicial Intervention in Police Laws in India
Prakash Singh vs Union of India (2006): This case was interpreted by the Hon.
Supreme Court of India regarding reforms in the Department of Police. In the
light of several petitions and commission reports, including Sorabjee commission
report, the court find out defects in service of Police department. Thus, the
Hon. Court gave approval to have a Police Complaints Authority (PCA) in district
and state level who can deal with complaints regarding services from the
department of Police and take necessary actions.
Vineeth Narain vs Union of India (1997):
This case is also known as Jain Hawala case. It is considered as one of the
landmark judgements regarding Rule of Law. The court found out defects in
investigation of CBI and other Police organizations and instructed to reform the
systems to be transparent, independent and strong in investigations. The Court
also ordered to have a Vigilance Commissioner Act in order to make the Police
force independent and honest.
Conclusion:
The legislative initiatives given above were implemented by different government
and country to reform the Policing functions of the country and to remain for
the people and safeguard their rights. Because, the police force has an
important role in maintain and protect them from internal and external
violations of public security.
We, as the citizen of this country has a responsibility to check whether the
Policing Legislations are implemented or not, with the help of Legislation. As a
democratic country, we have the power of Sovereignty of selecting and removing
of Representatives who serves the State and Union governments according to
Article 311 of the Indian Constitution.
Let's conclude to the point of End with the words of Mr. Robert Heel, the former
Prime Minister of the United Kingdom:
The police are the public and the public are the police; the police being only
members of the public who are paid to give full time attention to duties which
are incumbent on every citizen in the interests of community welfare and
existence.
Reference:
- https://www.legislation.gov.uk/ukpga/2002/30/contents
- https://clpr.org.in/wp-content/uploads/2018/09/Police-Accountability-CLPR.pdf
- https://keralapolice.gov.in/storage/pages/custom/ckFiles/file/LVCeNBrJKl5tlDIu0Dg
95Ag0vYQbq9BYItoYpENO.pdf
- https://www.republicworld.com/world-news/australia/australia-passes-surveillancebill-police-can-now-hack-citizens-devices-to-screen-info.html
- https://www.theguardian.com/australia-news/2021/aug/25/australian-powers-tospy-on-cybercrime-suspects-given-green-light
- https://main.sci.gov.in/judgment/judis/13548.pdf
- https://www.iasparliament.com/current-affairs/police-reforms-prakash-singhjudgement
- Police Quotes - BrainyQuote
- Prakash Singh & Ors vs Union Of India
- Vineet Narain & Others vs Union Of India
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