Endorse Police Act

With the promulgation of the new constitution in 2015, Nepal formally entered the federal and republican system. The new dispensation demands new laws, structures, resources and competent workforce. However, the country still lacks necessary legal instruments and infrastructures that smooth out the impending difficulties with regard to the implementation of federalism. The federal order aims to systematically decentralise powers to provinces and local units. In the absence of clear laws and regulations, conflicts over the distribution of powers and resources naturally arise. There should be unambiguous explanations to exercise the jurisdictions of three-tier governments over the mobilisation of security forces, administrative works, utilisation of natural resources and revenue collection in the form of taxes. The constitution has clearly outlined their duties and responsibilities but the existing legal hurdles precluded them from proving their mettle as per public expectations.

The provinces have been demanding that the federal government introduce Federal Civil Service Act and Federal Police Act without delay. The Bills related to these Acts have been pending in the federal parliament for years. As a result, the administrative and security restructuring has been lingering at the provincial level, affecting the delivery of services to the people. Nepal Police is currently running as per a law that is 69-year old. The proposed Federal Police Bill consists of provisions governing the recruitment and retirement of police personnel and authorising the provinces to set up their own police force. Provinces have formulated police laws but the lack of corresponding federal laws has hampered the process to handle security agencies on their own. In the past, the Chief Ministers of all provinces had drawn the attention of the Prime Minister to bring laws to address their demand.

It is surmised that the central government or top police leadership is unwilling to hand over their authority to the provinces in managing security. This is why there has been a lingering in the passage of the Federal Police Service Bill from the parliament. However, a recent remark of Home Minister Ramesh Lekhak does not corroborate this line of argument. Speaking at a function in Kathmandu, Minister Lekhak assured that upcoming session of the parliament would endorse the Federal Police Bill that aims to replace the Police Act, 2012 B.S. It will provide compensations to the families of security personnel who lost their lives during the conflict. Those wounded during the insurgency will also be recognised as war survivors. Moreover, the endorsement of proposed Bill will facilitate the provinces to set up their own police personnel and deal with the matters pertaining to law and order. 

The Home Minister stated that the government was mulling to reconsider the 30-year service period and reduce the voluntary retirement period for police constables and head constables to 16 and 18 years, respectively. The Bill will stipulate these changes while devolving the rights to the provinces to deal with the security issues. The federal government will have the responsibility in building the capacity of the provincial police so that they can effectively check the unlawful activities and provide security to the people. Since the new charter has clearly mentioned that each province will have its own police force to maintain law and order in the province, the political parties represented in the federal parliament should forge consensus to pass the Bill, thereby ending the long-drawn dispute between the centre and the provinces.