Lately, there has been a significant increase in the number of people leaving the Nepal Army, Nepal Police and the Armed Police Force. When the manpower prepared by the state with huge investment leaves the job without completing the service period, it is ultimately causing loss to the state itself.
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After the debate about the need to revise the Police Act, which is about seven decades old, the process of making the Nepal Police Act has finally been moved forward. The proposal that the Nepal Police Bill, 2081 registered in the House of Representatives by the government should be sent to the relevant committee for quarterly discussion has been approved.
The amendment and consolidation of the Nepal Police Law after seven decades is a positive aspect in itself. However, due to some provisions of the bill, a conflict has been created between the Ministry of Home Affairs and the Nepal Police Organization.
Even though the Nepal Police has not directly expressed its dissatisfaction with the provisions of the bill, it has already expressed its dissatisfaction with the former Inspector General of Police and higher officials. There is opposition from the retired IGP of police to high-ranking police personnel. The former officials have intensified lobbying saying that the provisions in the bill should be corrected.
They have already attracted the attention of the chief whip of the parliamentary party of the political party represented in the parliament, by meeting the federal parliamentarian as a whip. The demand to make the police an efficient, professional and strong organization by making the police bill brought in 2012 up-to-date has been rising since the past. However, the government did not prioritize it. Without being included in the bill, the police organization was being promoted based on the regulations. According to the
regulations, adding and subtracting arbitrary regulations and on the basis of that, the police organization was being weakened by the political leadership as per the will. The bill that was introduced after a long time has also become controversial.
After being registered in the parliament, 53 amendments have been registered saying that the provisions in the bill should be corrected. The State Order and Good Governance Committee has an opportunity to discuss and improve those amendments. The question has been raised as to why the bill has increased the conflict between the Ministry of Home Affairs and the police organization. One of the reasons for the controversy is that the bill seeks to put the police organization in the hands of civil servants in order to control the police.
The Home Minister has clarified that the bill has been brought to regulate the police organization as envisioned by the constitution in such a way that it is compatible with the constitutional spirit with the extension to the provincial jurisdiction and the provincial police. However, there are indications that the current dispute will not be resolved by that alone. Because one of the main reasons for the complicated dispute between the Ministry of Home Affairs and the police organization is the provision in section 7 of the bill.
In sub-section 1 of section 7, it is mentioned that "Mobilisation, control, direction and supervision of the Nepal Police shall be done by the Ministry". By keeping the word "ministry", the police understand that the authority to mobilize and control the police is being handed over to the administrative leadership of the Ministry of Home Affairs.
Police officials have been arguing that the word Nepal government should be kept. Not only sub-section 1, it is provided that the police personnel will be under the control, direction and supervision of the Chief District Officer in relation to the work related to peace, security and order, crime prevention and control of the district mentioned in sub-section 3. The police are dissatisfied with this. To maintain the peace, security and order of the district, there is a demand that the chief district officer should be kept only who can give necessary instructions to the police.
Similarly, as mentioned in sub-section 4, in sub-section 2, if orders or instructions are to be given to police personnel in relation to the prevention and control of crime, there is a demand that the chief district officer should be given through the appointed police chief by removing the word "crime prevention and control" from the place where it is mentioned that the word "crime prevention and control" should be removed and the word "police personnel should be instructed or coordinated in relation to law and order". The police officer claims that the word "order" is a remnant of the regimental police system and it does not represent the legal basis and judicial discretion.
While the Police Act enacted in 2012 also kept the chief district officer separate in terms of certain tasks, duties and rights and responsibilities of the police. The Bill on Nepal Police Act is basically a service-related law that is being created with the purpose of making arrangements regarding the formation, operation and conditions of service of Nepal Police Service, so it is not possible to put the rights of other bodies and officers in this Act. However, the way the provisions are made to weaken the only organization that is responsible for law enforcement, crime control and prevention, it may lead to the risk that the police organization will be further weakened and out of 'command' control.
In Section 8 of the Police Act, 2012, the chief of police shall be under the direction of the district officer in relation to peace and security, and according to the Local Administration Act, 2028, the chief district officer shall give necessary orders and instructions for maintaining peace and order, so the chief district officer can only give necessary instructions to the police in matters of peace and security.
Crime control and prevention is a subject related to police expertise and crime prevention and control includes the development and expansion of intelligence systems, surveillance operations, information collection, community police partnership programs, etc.
There is an interdependent relationship between crime control, prevention and investigation, as crime investigation and control are within the responsibility of the police according to the prevailing constitution and law, the police personnel demand that the word "crime control and prevention" should be removed as it is not legal for the chief district officer to give control and instructions in crime control and prevention.
Police operation and control should be done by the Inspector General of Police (IGP) under the chain of command, not by the Chief District Officer. Security organization is a matter related to national security.
The government has also presented a bill to amend and unify the laws related to the Armed Police Force, Nepal. Security experts are worried that some of the provisions contained in this bill may create a conflict between the Nepal Police and the Armed Police.
In their understanding, the Nepal Police is going to make a law by allowing the Armed Police to do some of the things that the Nepal Police has been doing. They think that it may cause problems in the coming days. A few days ago, MPs including UML MP Yogesh Bhattarai, while speaking in Parliament about the proposed bill, expressed the opinion that it is necessary to remove the word "police" from the armed police force and create only an armed force.
Lately, there has been a significant increase in the number of job vacancies from the Nepal Army, Nepal Police and the Armed Police Force. When the manpower prepared by the state with huge investment leaves the job without completing the service period, it is ultimately causing loss to the state itself. On the one hand, millions have to be spent on the production of new manpower, on the other hand, there is a situation where the retiring manpower has to be supported by pensions. Nothing is included in the Police and Armed Police Act which the government is bringing to solve this problem.
It is not seen that the provisions necessary for the moral development of security agency employees and keeping them in service are included in the bill. Instead, a provision has been added that employees of the police jawan level can take voluntary retirement at the age of 16.
As a bill is being tried to amend the Nepal Police and the Armed Police Force, in the same way, if some of the provisions in the bill are not corrected, there is a risk that it may create a situation of mutual confrontation between the two organizations tomorrow. It has been seen in the past as well. Peace and security of the country can be effective only if mutual coordination and cooperation environment is created between the two organizations, otherwise there will be a threat to the security system itself and it will cause a big problem.
