Second Administrative Reform              Commission Part IV

    • Introduction

      1. Inextricable link between the public order and conflict resolution since non-resolution of conflicts manifests itself in public disorder.

      1. Public order is largely a product of efficient general administration, effective policing and a robust criminal justice system.

      1. Public order implies a harmonious state of society in which all events conform to the established law and is synonymous with peace, tranquility and the rule of law.

      1. In most liberal democracies only serious disturbances which affect the even tenor of life would constitute a breakdown of public order. In autocratic societies, however, even orderly and peaceful protests and demonstrations against the State are often treated as breaches of public order.

    • Causes of public disorder.

      1. Widely prevalent crime

      1. political polarisation

      1. divisive impulses based on ethnicity, religion, region, language and the sharing of natural resources

      1. criminalisation of politics

      1. indigenous and transnational criminal organisations

      1. homegrown armed groups like Naxalites

      1. foreign sponsored secessionist groups

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    • Reasons to preserve public order.

      1. Peace and order are necessary pre-conditions for freedom of expression of individuals

      1. Violence and disorder necessarily undermine economic growth and development

      1. Urbanization, tends to promote impersonal lives, alienation, reducing peer pressure and social control

      1. State’s constitutional commitment to equitable growth and justice

      1. Rapid economic growth may sometimes aggravate disparities between individuals, groups and regions

      1. Weak enforcement and failure of the criminal justice system create a culture of lawlessness

      1. Organised crime, militancy and terrorism have devastating consequences on the morale of the public

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    • Police and internal security

      1. As police are the agency to enforce the will of the State, the capacity of the police agencies to respond to a potential or real challenge to public order – rapidly, efficiently and justly – is of paramount importance

      1. this power is exercised in a democratic society within the bounds of the constitution and the law.

      1. the manner in which the police functions is an index of society’s respect for civil liberty and the rule of law

      1. Padmanabhaiah committee (2000)

        1. Meaningfully and effectively, the society and the country need a highly motivated, professionally skilled, infrastructurally self sufficient and sophisticatedly trained police force

        1. However just and efficient policing may be, security agencies alone cannot enforce the rule of law and maintain public order.

        1. An effective and impartial criminal justice system is a necessary precondition for order and harmony in society

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    • Public Order

      1. Lack of good governance and poor implementation of laws are the major factors for public disorder.

      1. Public order implies the absence of disturbance, riot, revolt, unruliness and lawlessness.

      1. public order is universally recognised as the prime function of the State.

      1. the distinction between `established order’ and `public order’.

      1. Established order may not always be as per the tenets of the rule of law.

    1. public order is strengthened by protecting the liberty and dignity of citizens and bringing about social change.

    • Building Community Resilience

      1. Location specific training programmes for the community should be executed through the panchayats.

      1. Crisis management awareness needs to be mainstreamed in education.

      1. Orientation and sensitization programmes highlighting issues and concerns in disaster management should be taken up

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    • Emergency Response System

      1. Since the initial response in any crisis/disaster should be timely and speedy, the Emergency Response Plans should be up-to-date and should lay down the `trigger points’ in unambiguous terms.

      1. The district emergency response plan should be prepared in consultation with all concerned.

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    • Role of Specialized Agencies

      1. The Civil Defence Act should be amended as proposed so as to cover all types of disasters.

      1. Civil Defence should be constituted in all districts which are vulnerable not only to hostile attacks but also to natural calamities.

      1. The objective should be to include 1% of the population within the fold of Civil Defence within five years.

      1. Policemen, Firemen and the Home Guards at the field level who are among the first responders should be adequately trained in handling crises/ disasters.

      1. A section of Home Guards should also be given para-medical training.

      1. While in the long run, it would be desirable to place the Fire Services under the control of all municipal bodies, as a first step, this may be done in bigger cities

      1. While it is necessary that each nodal ministry handling crisis has an EOC, it is clearly desirable to have an integrated National Emergency Operation Centre for all types of crises.

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    • Recovery

      1. Damage assessment should be carried out by multidisciplinary teams in a transparent and participatory manner

      1. A recovery strategy should be evolved in consultation with the affected people and concerned agencies and organisations.

    1. Minimum standards of relief should be developed to address the requirements of food, health, water, sanitation and shelter