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Download PDF file - Human Rights Commission of Pakistan

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Analysis and recommendations 43AnalysisPreambleA preamble is the foundation <strong>of</strong> a law and sets the purpose and principles <strong>of</strong> an Act. The Act itself will beinterpreted in light <strong>of</strong> the preamble and it is therefore crucial that the preamble is carefully drafted.The wording in DPPA is slightly generic at some points and should be replaced with terminology that isconsistent with the objectives <strong>of</strong> democratic policing.Preamble RecommendationIn the 5 th paragraph <strong>of</strong> the preamble, after the words “people friendly” add words “accountable, transparent”,thereby the 5 th paragraph should read:“AND WHEREAS it is essential to appropriately empower the police to enable it to function as an efficient,effective, people friendly, accountable, transparent and responsive service;”Chapter II: Responsibilities and Duties <strong>of</strong> the PoliceSection 3 – Attitude and responsibilities <strong>of</strong> police towards the publicThe attitude and responsibilities <strong>of</strong> police towards the public under section 3 <strong>of</strong> the Police Order, 2002included the following claused:“aid individuals who are in danger <strong>of</strong> physical harm particularly women and children”.However, this clause has been omitted in the section 3 <strong>of</strong> the DPPA. This unnecessary omission <strong>of</strong> animportant aspect <strong>of</strong> police’s duties toward the vulnerable indicates an undue shift away from what is desirable. It isthe responsibility <strong>of</strong> the police to come to the aid <strong>of</strong> people who in danger <strong>of</strong> physical harm especially women andchildren who are particularly vulnerable in general, and specifically in situations <strong>of</strong> law and order. It is thereforestrongly recommended that the section 3 (d) <strong>of</strong> the Police Order, 2002 be retained under section 3 <strong>of</strong> this Act.3(d) RecommendationSection 3(d) should be added in the following form“3(d) aid individuals who are in danger <strong>of</strong> physical harm particularly women and children”Section 4 – Duties <strong>of</strong> the PoliceUnder Section 4(b) <strong>of</strong> DPPA, one <strong>of</strong> the duties <strong>of</strong> police is to “maintain law and order”. This should be

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