Torture

Police in India spells fear and trouble in the common man's mind.

noreply@blogger.com (Journey) — Tue, 16 Oct 2007 16:45:00 +0000

Police in India spells fear and trouble in the common man's mind.
http://timesofindia.indiatimes.com/pollopinions/msid-2464192,curpg-1.cms

Rajan Dey,London, UK ,says:The kind of harassment one faces from the police department in India would definitely make one think hundred times before approaching them for any help. That is why crime often takes place in broad daylight and no one dares to approach the victim for help only because of the post trauma police harassments. Police department is not for common man any more. That's the bitter truth!
16 Oct 2007, 2142 hrs IST

Munishwer Nath Gupta,New Delhi,says:I think we should evaluate ourselves before blaming others. It has become fashion to get the work done by hook or crook. If this is the case then everyone would exploit his power and that's what police and others are doing. I think if you're honest and would encourage the honesty then you will have so called great country India.
16 Oct 2007, 2135 hrs IST

Dr A Neelakanta Murthy,Boston, USA,says:Indian police (Gabbar Singh in a new garb) were once invoked by mothers to make their kids sleep out of fear! Alas, what a reputation! Well, it is not mere kids anymore! The common man in general, even the educated for that matter, is not only afraid of, but also sees them as a sordid scourge even to take a sly look at them. After all a hooligan in any attire must be kept at an arms length! That much for a supposed protector!
16 Oct 2007, 2133 hrs IST

KK,UK,says:Indian police is not only corrupt but is very illiterate in handling sensitive cases. They only know how to hit innocent/poor people. The well off can get away with murder.
16 Oct 2007, 2129 hrs IST

Mayank Vishnoi,Bhopal,says:Take the politicians out of the police system then see how the image of police is going to change.
16 Oct 2007, 2128 hrs IST

Varsha,Finland,says:Politicians, mafias and the police! What network can be bigger than that? The common man does not stand a chance against such hardcore criminals! Whom do you reform first? The politicians, the mafia or the police? It looks like the question, who will try to bell the cat? Look at what happened to Kiran Bedi for trying to be a 'human being' amongst these 'cannibals'!!
16 Oct 2007, 2125 hrs IST

Dr Sunil Kowli,Mumbai,says:Nexus between police, politician and press has and been the cause of India's ruin.
16 Oct 2007, 2125 hrs IST

Komalkumar,Pune,says:P for police and P for politics these words have spoiled India. Just remove them both and then only India will be a heaven on earth.
16 Oct 2007, 2124 hrs IST

Pradeep,NJ,says:In the past the situation was worse. People had no belief in the police. But now the situation has changed a little bit. Because of media and awareness among public changed the situation. At the same time there is pressure on police from politicians. With limited resource police has to work. There should be some change in police system.
16 Oct 2007, 2121 hrs IST

Prakash Nanthur,San Francisco,says:Police force has become a money making machine and is a store house of inefficiency, gross misuse of power and nepotism. We need to revamp the entire police structure. But I doubt if the political machinery has the will power to do it since they themselves survive on these elements.
16 Oct 2007, 2121 hrs IST

Jwalant Natvarlal Soneji,Mumbai,says:Common man has to have and does have vote in his own hand, hence no need to get horrified.
16 Oct 2007, 2120 hrs IST

Sam,India,says:Police is the largest institution of organised criminals in India. Barring very few miniscule number of honest policemen they are fearful lot of terror brigade. Occasional case of punishment to them is not a match for horrific percentage of terror created by them for common public. I hope every sensible Indian will support my view.
16 Oct 2007, 2116 hrs IST

Balakrishna,Bangalore,says:Yes the police in India trouble the common man's mind. The police man should be an army man instead of a general public because the army man can be good and better then the general public.
16 Oct 2007, 2115 hrs IST

Robert Mathew,Saudi Arabia,says:Police in India are the henchmen of politicians. They are a bunch of khaki thugs used by the state government to be in power. If they do not bow to the whims and fancies of the politicians, the policemen will be forced to kneel to be in the police force which is their wage earner.
16 Oct 2007, 2111 hrs IST

Meera ,Florida ,says:Yes, they are exploiting any situation for money. Police in the true sense are the protectors of law and order but in reality they are not. It is the white truth. Shame on the police for giving India a bad reputation! It's sad that the country is in this condition.
16 Oct 2007, 2111 hrs IST

Gabriel I,Tamil Nadu,says:Recently reported encounter deaths, Jessica Lal murder case and the Priyadarshini Mattoo's case illustrates the hands in glove theory and the revelations have created fear waves and distrust throughout the country. Totally neglecting human values while enforcing the law and order have sent shock waves in the minds of the common man.
16 Oct 2007, 2108 hrs IST

Dr. SS Jamwal,Jammu,says:All over the world-In sensible countries, police is there to help you-not harass you. India is different-Police means-show of authority and harassment.
16 Oct 2007, 2107 hrs IST

Shital Prashad Jain,Delhi,says:Honest, fearless and determined officers like Kiran Bedi can alone bring reforms in the police force in India.
16 Oct 2007, 2054 hrs IST

Hindupur Rajagopalan ,Canada,says:Police create fear with the people they deal with. It is not entirely their fault though. They are in a system that creates fear in the common citizen. With increased awareness of citizens rights, duties and obligations due to increase in literacy rates and exposure to other systems in the world the situation should get better over a period of time. Changes have happened through out the world.
16 Oct 2007, 2052 hrs IST

Giri,Hyderabad,says:They have to change at least now.
16 Oct 2007, 2050 hrs IST

K,Bangalore,says:Police force in the entire country should be disbanded. At present, it can at best be described as a corrupt criminal force. Police in India are the main violators of Human Rights. How many civilised countries in the world use a 6ft stick as a baton? In India we find them still in use to mercilessly beat protesting poor farmers or teachers! No IPS officer or PM or President or CM or Home Minister has ever even tried to reduce the size of the baton they use to control mob. So when and by whom shall we expect the police force to be disciplined? Police and politicians are hand-in-glove criminals. Police provide politicians with protection for implementing their wrong policies. Police & Politicians can only be wiped off with either revolution or holocaust. Our police force is not good to protect the country from terrorists. They are good at beating poor farmers or taking bribe from motorists! Take away most of their powers and this alone will make them kneel on their knees. A lot of power is at present entrusted to them & that is the main mistake. A lot can be said and written but finally 'who will bell the cat?' To begin with, at least think and cast your vote.
16 Oct 2007, 2040 hrs IST

Baba goud,Hyderabad,says:Police are good for the rich and bad for the poor.
16 Oct 2007, 2035 hrs IST

Balbir Singh Sooch ,Ludhiana ,says:Police in India spells fear and trouble in the common man's mind for the reason of hurry to extort and to fetch maximum money at the first stance itself from the common man entering in police station though he may be complainant or caught as a petty accused under the garb of search called Jamatalashi even beaten severely at the entry point itself openly. Secondly due to the combination of undue top political pressure and influence and affect of bribe on the subordinates, they terrorize common man as well as honest, may be from well to do family, mean to say whosoever is not influential in kind or power according to their assessment, humiliated in their hands. But if the pressure is without bribe, in that case, the police do not bother much for pressure alone. In that situation, the officials do make up their mind not to trouble unnecessarily the victim of circumstances. But in very rare to rarest cases, young blood policemen being a new comer and rarely the old one do act morally and show the spirit of honesty and impartiality in investigation without any greed even facing reasonable risk and odd state of affairs as I personally experienced in life. They deserved to be respected. Indian politicians misuse the police and adapt all evil means and designs to let down their opponents including common man.
16 Oct 2007, 2035 hrs IST

Johny Antony,K.S.A,says:Criminals in khaki must be punished and dismissed so that the ordinary people will have more confidence.
16 Oct 2007, 2030 hrs IST

Vijesh,UK,says:Working in UK now I understand the difference between the police departments of the two countries. Apart from few genuine officers, most of them don't deserve the uniform of high esteem.
16 Oct 2007, 2027 hrs IST

John F Williams,Gurgaon,says:It is a fact no common person will ever like to come forward to stand witness to an accident, theft, murder, etc since they are very much scared of the fear and trouble which may be created by our police at a later stage.
16 Oct 2007, 2026 hrs IST

Kaab,Mumbai,says:The Indian police is the worst department in the world. They should learn from the Scotland Yard. The police here is corrupt. They rarely arrest the right criminal and tease innocent poor people. That's why no one trusts them.
16 Oct 2007, 2021 hrs IST

G.Laxminarayana,Mississauga,says:Common man fears to approach the police as he thinks the police yield to money and power and pay no heed to justice.
16 Oct 2007, 2018 hrs IST

Gomtesh Upadhye,Bangalore,says:Well, it's not only in India but throughout the world. That is the only reason why crime rate is low (if it isn't already high)
16 Oct 2007, 2013 hrs IST

Sheikh,Chicago,says:Yes, they are exploiting any situation for money. Police in the true sense are the protectors of law and order but in reality they are not.
16 Oct 2007, 1958 hrs IST

Kedar,Philadelphia,says:The police force in India is the biggest organized crime gang in the country! That is the bitter truth. On the other hand, when an entry level policeman is paid less than a watchman, and receives zero training, what else can you expect?
16 Oct 2007, 1957 hrs IST

Vikram Singh ,Texas ,says:Yes they spell fear in public be it the shootout in Delhi, be it a rape case of teenager in Mumbai or be it the road rage near Mayur Vihar where a police man shot a son and his father. In India an individual can protect himself from a terrorist but not from the police. We can trust anyone but not the police. It's a frustrated and criminal force and not a police force.
16 Oct 2007, 1952 hrs IST

Chauhan,USA,says:Please bring an officer like Ms Kiran Bedi who can fix the corrupted police department. Shame on the police for giving India a bad reputation!
16 Oct 2007, 1951 hrs IST

P K Ravindran,Mumbai,says:The police follow the simple doctrine: If the offender is rich pamper them, and if they are ordinary men, torture them. And with the might of the politicians, the police have no options but to obey their political mentors. What is needed is to implement a new approach of dealing with the public with some concern the way we are trying to change the punishments given to the students in schools, thereby making them better citizens of the society.
16 Oct 2007, 1949 hrs IST

Praveen Kumar,Hyderabad,says:It is the white truth.
16 Oct 2007, 1948 hrs IST

Balu,Haveri,says:The mere word 'police' sends a shiver in my heart.
16 Oct 2007, 1945 hrs IST

Khurshid,Saudi Arabia,says:I just wonder if the media would not have any existence in India, Indian police would have dominated brutality in India and without letting the common man know that they have got freedom now..
16 Oct 2007, 1945 hrs IST

Hemant,Adelaide,says:It's the people who have to realise that they are there to help them. Once they are able to set this fact in their mind I think we can have a different picture of our police force.
16 Oct 2007, 1944 hrs IST

Kaushik Vishwakarma,Pune,says:The Indian police needs extreme overhauling. All the existing personnel should be fired and a complete new force needs to be created.
16 Oct 2007, 1939 hrs IST

Girish Hungund,Belgaum,says:Our country got freedom 60 years back, but the common indian has not got freedom from Police Rule. Indian Police is the successor of British Police.
16 Oct 2007, 1926 hrs IST

R K Mishra,Kanpur nagar,says:There is no doubt that when a gentleman sees a police man he does not feel easy because peoples are fed up with the rude behaviour of the police. Although senior IPS officers advise their subordinates to have a good relation with the common man, but all in vain.
16 Oct 2007, 1923 hrs IST

Ambedkarite,Kerela,says:Some of the policemen and upper caste criminal gangs should be dealt with a heavy hand.
16 Oct 2007, 1919 hrs IST

Qusai Dalal,Mumbai,says:The Indian police have hardly shown that they are the caretakers of the law and order in the country. Instead they are always seen violating the laws themselves.
16 Oct 2007, 1914 hrs IST

Viswanath C Pillai,Mumbai,says:The Indian Police is yet to understand that India got its freedom in 1947. They still follow the same degree of brutality as the British-Indian police were doing. The stories of our "Babus" are also not at all different.
16 Oct 2007, 1913 hrs IST

Raaj,Bhavnagar,says:Because they are the bandits and not police.
16 Oct 2007, 1910 hrs IST

Ali,Hyderabad,says:They are the mafias in uniform, and if they even help you it's only for the money. They will never help you thinking of it as their duty. It would be nice to see the military to be in charge of the police personnel and teach them the true meaning of the post they acquire.
16 Oct 2007, 1909 hrs IST

K B Shahi,UK,says:It is sad that even now the police and administrators are behaving in the same manner as they had behaved during the British Raj. The Politicians are using the police and IAS officials for their own benefits the way the whites had. Education in India is a total failure. Only the middle class seem to be struggling to educate their children with great difficulty. The poor are in a worse situation and are being neglected in their own Motherland. The only way to get the best out of the nation is to educate the citizens free of cost till the age of 18. I feel now that India is in position to see it through. Vote Bank Policy is dangerous for India.
16 Oct 2007, 1908 hrs IST

Satwik Sharma,New York,says:Those who disagree are bound to be policemen themselves!
16 Oct 2007, 1901 hrs IST

Pankaj,Boston,says:I was impressed to see such an apt answer. Even for a thing as lame as just going to get your passport approved, it raises a lot of questions/concerns/tension in your heart and mind. And, of course, ends up in easing your pocket by a few 100 Rs. Shameful!
16 Oct 2007, 1859 hrs IST

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Police Torture And Good Governance

noreply@blogger.com (Journey) — Mon, 24 Sep 2007 14:22:00 +0000

Police Torture And Good Governance

By Gladson Dungdung

http://www.countercurrents.org/dungdung230907.htm

23 September, 2007
Countercurrents.org

An ordinary thief has been tortured by the Police in Nath Nagar of Bhagalpur of Bihar in style of a crime scene of any Hindi Film which shocked the entire country at a time when the government of Bihar is trumpeting its achievements as good governance. The government took immediate action and punished the two police men involved in the incident to prove its commitment to the good governance. But the Police Men Association and many senior Police officers deny the incident as a case of police torture and are advocating for reinstatement of the two dismissed police men. They argue that the police men tried their best to protect the thief but the crowd did not allow them to do so.

The live telecast by TV News Channels of Allahabad fake police encounter and Bhagalpur incident of Police torture has created commotion in the entire country. But in spite of this there is no any impact on the Bihar police. The cases of Police torture is increasing day by day. Soon after the Bhagalpur incident, the Police of Bikram Police Station of Patna district severely beaten and caused disappearance of an accused Kaushal Kumar and declared him an absconder to save them from the allegation of torture. In another incident the officer in charge of Phulwarisharif Police station broke hands and legs of a footballer Santosh Kumar and extracted his teeth.

The heart breaking incidents of Police torture have taken place near Patna the capital city of Bihar. There are also many incidents of putting minor boys in the police lock up by involving them in false cases. All these incidents are crucial examples of misuse of power by the officials who are responsible for the law and order. They have made a fun of law. After Nitish Kumar became the Chief Minister of Bihar there is a rapid increment in cases of Police torture, which had not been seen in the history of Bihar so far.

A Human Rights organization People's Watch has monitored and analyzed the case of police torture in four districts of Bihar i.e. Patna, Bhojpur, Nalanda and Nawada. In this study the cases included are Police torture, fake encounter, torture of women, custodial death, Lathi charge, Police firing and negligence in duty which took place between July 2006 to June 2007. The study reveals that out of the total victims in these cases of Police torture 76 percent victims are male and 24 percent are female.

From the line of caste it shows that 47.5 percent victims are from the Dalit community which is the highest followed by the backward community with 31 percent and 21.5 percent of higher caste. If one looks to all these cases in the occupation wise one finds that 45 percent victims are daily wage labourers. Beside them 9 percent students, 5.4 percent house wives, 3.6 service holders and 38.4 percent victims are from the other walk of life were subjected to police torture.

The study reveals the cases of police torture from the angle of age of victims; the 11.4 percent victims are children of age between 0 to 14 years. The 28.3 percent victims are between age group of 15 to 30, 49.3 percent victims are between age group of 30 to 50 and the rest 11 percent above 50 years were victims of police torture. On the basis of education 30.1 percent illiterate or uneducated are victims of police torture. 10.8 percent highly educated people and 59.1 percent literate or educated has been subjected to police torture.

The most startling fact is that in 47.7 percent cases, perpetrators (police or private persons) have lodged criminal cases against the victims. The 7.2 percent of torture victims have died up till now and 5 percent cases of police torture have been compromised. The study also reveals that highest number of torture case, which is 32 percent took place in the police stations. 27.5 percent at home, 22.6 percent in village or outside village and 17.3 percent elsewhere. The perpetrators are 57.8 percent constables 28.5 percent sub inspectors, 9.8 percent inspectors 2.5 percent Dy SPs and 1.4 percent higher officials. The data clearly shows that the lower ranks in police are responsible for the majority of torture incidents.

Here the question arises that why police inflict torture on the people? The State Director of People Watch and former District & Session Judge Abhaya Shanker Prasad discloses that the main purposes of police torture are to acquire information from the people, punishment to the accused, intimidation and teaching a lesson for future. According to him the police commit fake encounter to get overnight promotion in service, to get reward, and to get high amount of money but some time inhuman act of fake encounters are done under political pressure too.

The society is also not less responsible for the incidents of Police torture. It can be said that the society as a whole has become violent and believe in instance justice. The majority people whether they are Advocates, Teachers, Doctors or common men support the Police torture and also deny human rights without a second thought. They question, what for the police is if not for beating? In such a state how can only Police be blamed for torture? If police torture need to be stopped then every one should be made aware of human rights and torture. One must start practicing the human right within, in the family and in the society. There is a thrust need to work towards the accountable and transparent system of governance so that the very human rights of the people can be protected.

Though a bit of good governance is being seen in Bihar in the regime of the Chief Minister Nitish Kumar. But the way cases of police torture and Dalit atrocities are increasing is a big question mark to the existence of good governance in Bihar. Police torture is the worst forms of human rights violation which can not be tolerated. There is highly need for the government to take strong action to stop police torture. The Constitution of India guarantees the right to life, equality, liberty and dignity of individual to its people and the state has duty to protect these rights. The good governance can not be established till the human rights are protected.

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Torture in the context of ‘Right to Life and Dignity’

noreply@blogger.com (Journey) — Fri, 07 Sep 2007 23:28:00 +0000

Torture in the context of 'Right to Life and Dignity'
Narendra Ch 07 September 2007, Friday
http://www.merinews.com/catFull.jsp?articleID=126210
As long as the police remain enemies of democracy and the rule of law, and friends of those who abuse power and are corrupt, torture will remain a very important ingredient of policing in Asian countries.

FIGHTING TORTURE has been a long standing campaign of many human rights organisations the world over. Supreme Court directives, National Human Rights Commission (NHRC) guidelines and official sanctions, have not deterred officials from inflicting torture on individuals in their custody.

Torture has become endemic in the police stations and prisons of India. It has become an integral part of daily law-enforcement throughout the country. Many cases of death as a direct result of torture sustained in police and military custody are reported annually.

Though Indian government signed the United Nations Convention Against Torture (CAT) in October 1997, the violation continues and its perpetrators still for the most part enjoy impunity.

So far as many as 144 countries have ratified the CAT and only eight countries, including India, have not ratified the Convention. India is in the company of countries like the little known Dominican Republic, Gambia, Nauru and Sudan.

Though torture is not specifically prohibited under the constitution, legal safeguards against torture are substantial in India. Indian courts have held that Article 21 (The Right to Life) implies protection against torture. However, the practice continues and prosecution for those carrying out torture is rare.

Excluding areas of armed conflict, those who are particularly vulnerable to torture by police include those arrested in criminal investigations and those who have been arrested in order to force the surrender of relatives. The police use torture routinely as part of the investigative process, in order to extract confessions or information, or even to falsely incriminate other individuals.

It has been alleged that the pressure to meet high conviction rates causes police to use torture to extract confessions, which are more likely to produce a conviction in the case. But various studies establish that torture helps us to bring pressure on a person to agree to what we believe as true. In the process the causality is Truth.

Within the country there is public acknowledgment of the problem of torture and strong calls from many areas of society for an end to the practice. Recommendations to combat torture have been made at the highest level by members of the Law Commission, the National Police Commission, the Supreme Court, the NHRC and other bodies.

A broad range of non-governmental organisations campaigning for civil liberties, have been actively monitoring and publishing incidents of torture, and providing support for the victims seeking redress.

Amnesty International India (AII), along with other human rights organisations in the country, has launched a nation-wide movement called "Stamp Out Torture". Observing Anti-Torture day on June 26, it has demanded that the Government of India ratify the CAT, permit UN Special Reporter on Torture to visit India and report on the cases of torture.

Amnesty International also urged to repeal security/anti-terror legislations that enable culture of torture and culture of impunity in situations of armed conflict.

Impunity is an important factor in the continuing use of torture. The authorities fail to take action against those who torture people, there is a lack of will in the judicial system and among officials to prosecute those responsible for torture; special laws and other measures are in place which give officials and security forces increased powers and protect them from the due process of law.

Amnesty International feels that the threat of terrorism is not new but it does indeed require law enforcement agencies to develop special skills and techniques in policing, investigation and intelligence, including international cooperation. This is needed to avert acts of terrorism, to protect the populations and to bring to justice those who commit or plan to commit such atrocities.

Such techniques need to address the new characteristics of international terrorism as it has developed in the 21st century, such as its use of computers and other new technology. That may require the use of new forensic methods and other law enforcement techniques, but it cannot justify the use of old methods such as torture and ill abuse.

Governments have a duty to protect the public and to take all reasonable steps to prevent acts of terrorism. But they also have a duty to do this within the framework of protecting the human rights of all. Human Rights groups should certainly stand with the victims of torture and terrorism and demands that they receive justice and reparation.

The Asian Human Rights Commission (AHRC) felt that to eliminate torture, police reform must be given a central place. Ratification of the UN human rights treaties makes no difference to the actual business of using the police as an instrument of brutality. The gap between the ideals proclaimed in constitutions and UN conventions and the day-to-day reality of the routine use of torture coexist. The legislature and even the judiciary of these countries have been unable to take a firm stand to reform and to modernise their police.

AHRC has observed that elimination of torture and the modernisation of police are two sides of the same coin. "As long as the police remain enemies of democracy and the rule of law, and friends of those who abuse power and are corrupt, torture will remain a very important ingredient of policing in Asian countries", it added.

The Commonwealth Human Rights Initiative (CHRI) deplored that the use of torture is widespread and is wrongly claimed by the police and other authorities as a necessary means to obtain information from suspects. In particular, the international climate of anti-terrorism has witnessed a disturbing trend towards justifying the use of torture in the name of `security', it said.

Amnesty International India director Mukul Sharma has stressed the need to formulate a comprehensive domestic law against torture. "Right to Life should mean and secure Right to Life with Dignity", he asserted.

Various studied found that the use of torture can never be justified, either legally or morally. Its effectiveness in preventing attacks by armed groups has never been proved.

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Beasts in uniform: Make policemen accountable for every wrongdoing

noreply@blogger.com (Journey) — Sun, 24 Jun 2007 13:49:00 +0000

Beasts in uniform: Make policemen accountable for every wrongdoing
http://www.tribuneindia.com/2007/20070624/edit.htm#1

The Supreme Court judgement on police reforms is aptly described by many sections as a step in the right direction. But most of the aam janta know little about the court's directives. Even if they did, they aren't holding their breath. It's hard to keep the faith and believe that one more court directive will make the police any better.

This writer has never missed the opportunity to tell the police that the court has laid down the strictest guidelines about making arrests, deaths in custody, and about how lock ups must be kept. But they are not interested to listen. Lock-ups are always overcrowded. There is no light. And no toilet, except in the corner of the cell. Often, a dozen people shoved into a 10x10 space.

Last time they stretched their arms out of the pitch dark and grasped at passing strangers asking for food. Were they produced before a Magistrate? When asked if they knew the grounds of their arrest, they had no clue. Were their families informed? They replied, "Deedee please kuch khana do na". The SHO was told, but in vain.

In the famous D.K. Basu judgement, the Supreme Court laid down 11 guidelines for the police to follow when making an arrest. These were nothing new but duly laid down in constitutional and statutory provisions which had been forgotten in the wake of frequent violations. So the court said that these guidelines must be put up in every police station.

However, many police stations don't have such a board. A police officer nonchalantly says, "he'd heard of them but didn't think much about it". Even if he managed to get a copy of the guidelines it would be in English. Was he then expected to translate these into the local language?

This writer's first visit to a police station was typical. The place was shabby, thick with the sweet cloying stink of urine and beedis. Several policemen were sitting around; some had their feet up on the tables. Some sipped tea, others smoked just under a big sign that said 'No smoking'. Most of them had several days beard on them and others had their shirts unbuttoned. Two policemen were in their undershirts. In the room beyond, a couple of cops were asleep, stretched out on the benches. Along the filthy walls people sat on benches or squatted on the floor waiting for something to happen. They said they had been called in for questioning. Others were waiting to register a complaint.
However, every officer was busy with something else. "We are overworked and underpaid". Isn't this what the cops say all the time? But this and several other visits to many other stations never gave one a sense of an overworked cop!

When someone wants to register a complaint, he is told to wait. One learns with experience that there are ways of 'managing' the situation. For Rs 25, the police tell you how honest they are. For Rs 250, you could get home delivery of a charge-sheet. The post of Station House Officer is auctioned to the highest bidder! Cops give up promotions but not the posting. No one can prove it, they say, but it's an open secret that each police station and police action has its price and there are valuable earnings to be had out of a 'goldmine' posting.

The Supreme Court has time and again said that torture is forbidden under any circumstances. Our laws make it plain. Still, people are detained by the police illegally and tortured for days. Illegal detention is impermissible. Registering First Information Reports (FIR) is an obligation under the law. There are clear guidelines for investigation. But it takes two weeks to get an FIR registered. It takes a dozen letters and numerous phone calls to heads of police to begin the investigation. It takes a month to suspend the erring officer and get him arrested. So whilst courts continue to say that torture in custody flouts the citizens' basic rights and is an affront to human dignity, torture remains an inherent part of everyday policing.

Try telling the police they can't interrogate women in police stations. They grin slyly. Tell them they must lodge an FIR. They will threaten or abuse you. Tell them they can't beat a suspect to pulp. They will say the people want it. Tell them they can't hold anyone for more than 24 hours. They will say they never do and their diaries can prove it. Tell them they can't handcuff prisoners. They will ask you to mind your own business. That's just how it is. It's the price citizens must pay if they want the police to function at all even if the court says different. Their bosses don't and that is what counts.

The Nithari killings, the Jessica Lall and Priyadarshini Mattoo cases, the frequent riots, the constant failure of law and order all scream out for quick reform. People want change on the ground. Government affidavits of compliance in court have to stop the biased policing, the shoddy investigation, the corruption and beatings in police stations or they are just more paper.

More laws and more directives will change little until accountability is fixed on every officer for the slightest wrongdoing. Currently, there is too much wrong and very little hope.

There are too many people trapped in a dysfunctional system and it's for them we must keep trying. The apex court has given the police tremendous autonomy. Now, let's ensure that there is equal accountability.

The writer is Programme Coordinator, Commonwealth Human Rights Initiative, New Delhi

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Policing the police

noreply@blogger.com (Journey) — Wed, 10 Jan 2007 02:02:00 +0000

Policing the police

Monday, January 08, 2007 23:59 IST

http://www.dnaindia.com/report.asp?NewsID=1073384

Police misconduct can be checked only with independent civilian control

Colin Gonsalves

Not a day passes without a report in the press regarding abuse of power by the police. Torture is widespread. Corruption is routine. Anti-women, anti-Dalit, anti-Muslim and anti-poor attitudes dominate. All these we know. The Nithari killings only brought into focus once again the need for radical police reform.

There is an attempt to do police reform in this country but it is led by the police and this alone should make the public wary. Besides the National Police Commission reports, recommendations have also been made by the NHRC, the Law Commission, the Ribeiro Committee, the Padmanabhaiah Committee and the Malimath Committee. The last three committees were dominated by Home Ministry officials. The debate has been slanted in favour of the police with reform having the limited scope of removing political control over the force.

The Supreme Court, relying exclusively on these reports, has in its order dated 22.09.06 wrongly said that "many of the deficiencies in the functioning of the police had arisen largely due to an overdose of political interference" and concluded that it was important "to insulate the police from political interference". In respect of police misconduct the Supreme Court held that there ought to be a Public Complaints Authority, selected on the basis of recommendations made by the State Human Rights Commission, the Lok Ayuktas, and the State Public Service Commissions.

Insulating the police force from political control is one thing, establishing independent civilian control is quite another. In a country where the poor face torture by the police on a day-to-day basis, it is imperative that civilian control be clear, independent and a threat to police misconduct everywhere. To place faith in the State Human Rights Commissions which are toothless tigers often subservient to the government and which have been recently criticised by the Chief Justice himself, is to miss the point completely.

The police force in India was modelled and continues to this day along the lines of the British Paramilitary Forces that policed the colonies by terror. After the breakup of the empire the British Police were reformed, but the police forces in the colonies raised corruption and torture to an art form. India probably has one of the most debauched forces in the world. For such a criminal force to be freed from political control without first setting up and testing civilian control structures and procedures, is to take the citizen from the proverbial frying pan into the fire. Freed from political control and supervised only by formal ineffective structures, this criminal force will come to rule society. De-facto power will, with the Supreme Court order, become de-jure police power.

In the UK, pursuant to the Police Reform Act 2002, an Independent Police Complaints Commission has been formed. With its own team of mainly civilian investigators to investigate cases against the police, these civilian investigators have all the powers of the police during investigation and have access to documents and a right of entry into police premises. Independent non-police persons preside over hearing panels looking into serious cases. The Commission can also present cases on behalf of complainants at police disciplinary hearings.

Northern Island has a Police Ombudsman. In Australia, there is a New South Wales Ombudsman for less serious complaints and the Police Integrity Commissioner for serious crimes. The latter was established following a Royal Commission report which concluded that the level of corruption in the police had grown enormously and the existing complaint structures were unable to address the issue. External oversight with fully independent investigation was sorely needed. In Quebec the Police Ethics Commissioner is a civilian agency which supervises the conduct of police officers and receives complaints from the public. The Police Ethics Committee is a specialised administrative tribunal that protects citizens in their relations with the police. In New Zealand, there are strident calls for an independent Police Complaints Authority to be merged with an Independent Police Inspectorate.

The Supreme Court therefore ought to broaden its horizon from its present reliance on police reports and thereby establish effective civilian control over the police with an independent machinery for investigation into police misconduct.

The writer is a senior advocate in the Supreme Court.

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Fw: [naghrw] TORTURE BY POLICE

noreply@blogger.com (Journey) — Sat, 16 Dec 2006 16:59:00 +0000

e – Voice Of Human Rights Watch – e-news weekly
Spreading the light of humanity & freedom

Editor : Nagaraj.M.R. ......... ......... ......vol. 2 issue.40.... ......... ......... ......... ........16/ 12/2006

Editorial: 3^RD DEGREE TORTURE PERPETRATED BY POLICE IN INDIA

- Gross violations of human rights by police

At the outset , HRW salutes the few honest police personnel who are silently doing their duties inspite of pressures , harassment by political bosses & corrupt superiors , inspite of frequent transfers , promotion holdups , etc. overcoming the lure of bribe ,those few are silently doing their duties without any publicity or fanfare. we salute them & pay our respects to them and hereby appeal to those few honest to catch their corrupt colleagues.

The police are trained , to crack open the cases of crimes by just holding onto a thread of clue. Based on that clue they investigate like "Sherlock holmes" and apprehend the real criminals. nowadays , when police are under various pressures , stresses – they are frequently using 3^rd degree torture methods on innocents. Mainly there are 3 reasons for this :

1) when the investigating officer (I.O) lacks the brains of Sherlock holmes , to cover-up his own inefficiency he uses 3^rd degree torture on innocents.

2) When the I.O is biased towards rich , powerful crooks , to frame innocents & to extract false confessions from them , 3^rd degree torture is used on innocents.

3) When the I.O is properly doing the investigations , but the higher-ups need very quick results – under work stress I.O uses 3^rd degree torture on innocents.

Nowhere in statuette books , police are legally authorized to punish let alone torture the detainees / arrested / accussed / suspects. Only the judiciary has the right to punish the guilty not the police. Even the judiciary doesn't have the right to punish the accussed / suspects , then how come police are using 3^rd degree torture unabetted. Even during encounters , police only have the legal right , authority to immobilize the opponents so as to arrest them but not to kill them.

There is a reasoning among some sections of society & police that use of 3^RD DEGREE TORTURE by police is a detterent of crimes. It is false & biased. Take for instance there are numerous scams involving 100's of crores of public money – like stock scam , fodder scam , etc involving rich businessmen , VVIP crooks. Why don't police use 3^rd degree torture against such rich crooks and recover crores of public money where as the police use 3^rd degree torture against a pick-pocketer to recover hundred rupees stolen ? double standards by police.

In media we have seen numerous cases of corrupt police officials in league with criminals. For the sake of bribe , such police officials bury cases , destroy evidences , go slow , frame innocents , murder innocents in the name of encounter , etc. why don't police use 3^rd degree torture against their corrupt colleagues who are aiding criminals , anti nationals ? double standards by police.

All the bravery of police is shown before poor , innocents , tribals , dalits , before them police give the pose of heroes. Whereas , before rich , VVIP crooks , they are zeroes. They are simply like scarecrows before rich crooks.

Torture in any form by anybody is inhuman & illegal. For the purpose of investigations police have scientific investigative tools like polygraph, brain mapping , lie detector , etc. these scientific tools must be used against rich crooks & petty criminals without bias.

On "world human rights day"(10/12/2006) , hereby we urge the GOI & all state governments :

1) to book cases of murder against police personnel who use 3^rd degree torture on detainees and kill detainees in the name of encounter killings.

2) To dismiss such inhuman , cruel personnel from police service and to forfeit all monetary benefits due to them like gratuity , pension , etc.

3) To pay such forfeited amount together with matching government contribution as compensation to family of the victim's of 3^rd degree torture & encounter killings.

4) To review , all cases where false confessions were extracted from innocents by 3^rd degree torture.

5) To make liable the executive magistrate of the area , in whose jurisdiction torture is perpetrated by police on innocents.

6) To make it incumbent on all judicial magistrates ,to provide a torture free climate to all parties , witnesses in cases before his court.

7) To make public the amount & source of ransom money paid to forest brigand veerappan to secure the release of matinee idol mr. raj kumar.

8) To make public justice A.J.Sadashiva' s report on "torture of tribals , human rights violations by Karnataka police in M.M.HILLS , KARNATAKA".

9) To make it mandatory for police to use scientific tools of investigations like brain mapping , polygraph , etc without bias against suspects rich or poor.

10) To include human rights education in preliminary & refresher training of police personnel.

11) To recruit persons on merit to police force who have aptitude & knack for investigations.

12) To insulate police from interference from politicians & superiors.

13) To make police force answerable to a neutral apex body instead of political bosses. Such body must be empowered to deal with all service matters of police.

14) The political bosses & the society must treat police in a humane manner and must know that they too have practical limitations. Then on a reciprocal basis , police will also treat others humanely.

15) The police must be relieved fully from the sentry duties of biggies & must be put on detective , investigative works.

Jai hind . vande mataram.

Your's sincerely ,

Nagaraj.M.R.

Private Sector – Its obligations to Dalits -- By Rajindar Sachar

A lively but in my view, ill-informed, discussion is taking place in public on the question of job quota in the private sector. The controversy has become sharper by the weight of legal opinion of the Attorney General that it was not possible to provide reservation for SCs and STs in the private sector without amending the Constitution. I have my reservation on the correctness of this view. I realize that emphasis is made on job quota possibility because of our feudal and hierarchical social system which puts a job in an office whether in private or public sector as the highest achievement. However, I feel that though emphasis on job may be kept up, the real battle dalits need to fight is to have a share in the expanding business opportunities and that too in proprietary capacity. It is in this context that I put forward an alternative which is immediately available and which can give more affluence, recognition and opportunities to dalits not only for jobs in private sector but for expanding the opportunities to share in the growth of Indian economy, and that too without amending the Constitution.

It is well known that Central and State Governments award thousands of crores worth of public works and contracts to the private sector. All these activities flow from the Government playing a very crucial and significant role either to make a particular avenue open to the private sector like the privatization and modernization of airports, express highways Public Works Department, Delhi Development Authority (DDA), Delhi and similar ones in number of other States for roads or even construction of Govt. properties which are to be executed by the private contractors. I am of the view that if proper steps available even under the present legal set up are taken, a very large segment of dalits population can be absorbed and can take benefit of the rising economy.

It is in this context that a reference to USA legislation called the "Public Works Employment Act of 1997" would be apt. That Act had a minority business enterprise clause which provided that 10% (minority population of USA) of the federal funds granted for local public works projects must be used by state and local grantees to procure services or supplies from business owned and controlled by "minority group members", the latter being defined in the Act as United States citizens who are "Negroes, Spanish-speaking, Orientals…….".

This provision was challenged as denying an equal protection clause provided under the 14th amendment of the US Constitution (from which Article 14 of our Constitution has been adopted). The Court upheld the validity of the legislation as it contained provisions designed to uplift those socially-economical ly disadvantaged persons to a level where they may effectively participate in the business mainstream of USA economy.

The arguments raised as to why the private contractors should be compelled and limit their choice in this particular manner as to from where the supplies will be received and whom they will sub-contract was rejected, by holding that "legislation When effectuating a limited and properly tailored remedy to cure the effects of prior discrimination, such "a sharing of the burden by innocent parties is not impermissible" .

Question of constitutional objection is totally off the mark. After 44th amendment Right to Property is no longer a fundamental right. Only Parliamentary legislation is necessary to deprive a person of it without compensation. It is also well settled that Article 19 confers no right on an individual to carry on business with the Govt. – if it wishes it has to be on terms settled by Govt. As such, no objection can be taken by the private sector to the provision making it incumbent on it to share proportionately with Dalits the funds given to it by the Govt. or local body agencies.

Similarly, governments could prescribe conditions as a part of scheme of disinvestment of public sector. It would then be permissible for the Central and State Governments to provide that out of these amounts the private contractor will have to ensure that a certain percentage which, to start with, could be fixed at 10% (though it is low as compared to the dalits population of 15-16%) to be made available to them either in the matter of sub-contracting or executing some works or in the matter of employment. Such a course would require not only no constitutional amendment but not even an Act of Parliament. The reason being that the Government, being the spending authority, it is permissible for it by executive orders to direct that a certain portion of this money available will be utilized either for providing employment or for sub-contracts to the dalits. This is what was done in USA and which while upholding the said legislation very eloquently observed – "if we are ever to become a fully integrated society, one in which the colour of a person's skin will not determine the opportunities available to him or her, we must be willing to take steps to open those doors." The same principle aptly applies to the position of dalits in our country.

Our Supreme Court has held that "economic empowerment of the poor, in particular the Scheduled Castes and Scheduled Tribes, as is enjoined under Article 46, is a constitutional objective as basic human and fundamental right to enable the labourer, Scheduled Castes and Scheduled Tribes to raise their economic empowerment. "

I see no reason why our Supreme Court which is far more progressive and poor-oriented than the USA's Supreme Court, will not reject similar challenge. But of course the overriding question still remains – is there a political will and determination in the Central and State Governments to take on the combined forces of Big Business.

I am convinced that it is not only jobs but business opportunities that need to be opened to Dalits, to make a real change in their social and economic set up.

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Right To Information Emasculated - By Prashant Bhushan

The amendments proposed to the Right to Information Act are a substantial roll back of the Act. The persistent manner in which the government is pushing them despite mounting public criticism, indicates that the prime minister has not outgrown his bureaucratic background. The disclosure of the text of the proposed amendments has given the lie to the statement put out by the prime minister's office to the effect that the amendments actually for the first time empower the citizens to access file notings and that the restrictions relate only to notings on defence and personnel related matters. Apart from the fact that the central information commission had repeatedly ruled that the un-amended Act did not restrict access to file notings, it can be seen that the text of the amendment restricts access to all file notings except "substantial file notings on plans, schemes, programmes of the central government or a state government, as the case may be that relate to development and social issues." This is done by amending the definition of records in the Act.

This amendment will by itself take the life out of the Act. It is the notings that are supposed to deal with the reasons and rationale for any order or decision of the government. Very often, it is the noting of an honest officer, which explains what is wrong with a proposed decision of the government. In the Panna-Mukta oil deal, it was the noting of the then superintendent of police, CBI, which gave the reasons and circumstances that explained why the decision to hand over ONGC's developed oilfields to Enron and Reliance was against public interest. Moreover, it is only the notings of various officers which will eventually reveal whether an officer's role was above board or whether he was acting on extraneous considerations. Thus, notings are often critical for fixing accountability. In the absence of notings, it would almost always be impossible for people to fully appreciate the official rationale for a decision.

Though the amendment restricts notings on most subjects, it may be noted that even if it related to only defence and personnel related matters, it would still be objectionable. This is because information (including notings) on defence and security matters are already exempt under Section 8(1) (a) of the Act, and there is no justification for exempting notings on personnel related matters. The transfers, postings, disciplinary proceedings, suspensions, and promotions of government servants play a critical role in governance. It is well known that there is a lot of corruption and extraneous influence in such matters, which has been having a deleterious effect on governance. Honest officers are often victimised by punishment postings. Corrupt officers are often rewarded with postings on crucial positions. It is well known that bribes are fixed for postings and transfer of officers in "lucrative" departments like police, excise, income tax etc. In Maharashtra, it was discovered in response to an application under the RTI Act, that the postings of most police officers were on the recommendations of the MPs and ministers. By far, the most effective way of checking such arbitrariness in such personnel related matters is by having complete transparency in such matters, so that people can see not just the final decision (which is always said to be on exigencies of service), but also the rationale and the entire decision making process which led to the decision.

It is often said that such disclosure of notings related to personnel matters would inhibit officers from expressing themselves freely and frankly. The truth, however, is that no honest officer is likely to be inhibited from frankly expressing himself for fear that what he writes may become known. It is only the dishonest officer wanting to make a dishonest noting who is likely to be deterred by such transparency. In fact such transparency would act as a shield for honest persons who are less likely to be victimised if the entire transaction were open to public gaze.

Apart from the amendment to exclude file notings, four amendments have been proposed to Section 8 dealing with exemptions, each of which widens the exemptions under the Act. Firstly, the amendment to the proviso to clause (i) of Section 8 now restricts access to cabinet papers to only the actual decisions and reasons thereof, after the decision, rather than to all papers. This is also unreasonable. In a democracy where the cabinet is just the representative of the people, who are the real masters, there is no justification for excluding all cabinet papers from public view, especially after the decision has been taken. If any papers are of a nature that their disclosure would adversely affect defence or security, those are already excluded under Section 8 (a). Similarly, any cabinet paper whose disclosure would be injurious to public interest in any way is already excluded under the various other clauses in Section 8.

Three new exemptions are sought to be inserted in Section 8. The first relates to the identity of officers who "made inspections, observations, recommendations, or gave legal advice or opinions …" Thus this clause seeks to mask the identity of public officials who have played any role in the decision-making, even on developmental and social issues. Again, the object seems to be to save officials from being held publicly accountable by withholding the precise role played by different officials in the decision- making. This is again anti-democratic and without merit.

Another exemption added by the newly introduced clause (k) in Section 8 is to restrict "information pertaining to any process of any examination conducted by any public authority, or assessment or evaluation made by it for judging the suitability of any person for appointment or promotion to any post or admission to any course or any such other purpose." Again, there is no justification for removing from public scrutiny the process of deciding selections and promotions where there is rampant corruption. The opacity of such systems of recruitment and selection is what is allowing such corruption and arbitrariness to go on. The amendment is designed to allow these bodies to continue with such arbitrary and corrupt appointments and selections.

Notings are supposed to deal with the reasons and rationale for any order or decision of the government. Very often, it is the noting of an honest officer which explains what is wrong with a proposed decision of the government

Another exemption sought to be introduced is to exempt "copies of noting, or extracts from the document, manuscript and file so far as it relates to legal advice, opinion, observation or recommendation made by any officer during the decision-making process, prior to the executive decision or policy formulation" . Such a blanket exemption for restricting all access to the entire decision making, before any decision is made would allow the officials to present every decision, however corrupt and against public interest as a fait accompli. Take the Enron deal for example. With such a clause, it would be impossible for people to know how the then finance secretary had effectively prevented the central electricity Authority from carrying out a financial evaluation of the project, by falsely showing that the finance ministry had carried out such an evaluation. Thus the country came to be saddled with a liability of Rs 10,000 crore, which could have been prevented if the correspondence between the finance ministry, power ministry and the central electricity authority had been accessible and known, before the contract with Enron had been signed. This clause seeks to prevent such examination.

Similarly, many genetically modified foods are in the process of being cleared for release currently, without any transparency about the process of clearance and the various bio safety tests that they have been and have not been subjected to. This amendment will prevent access to this process of clearance until after they have been cleared and irreparable damage to human health and environment has been done.

It can be seen, therefore, that the amendments proposed are not just substantive, but very far reaching which will take the life out of the Act, which only seeks to give effect to the fundamental rights of citizens under Art 19 (1) (a) of the Constitution. These amendments would be clearly unconstitutional as imposing an unreasonable restriction to the citizens' right to know what is being done by their public servants. In any case, such far- reaching amendments to such a critical statute must not be passed by parliament without sending them to the parliamentary standing committee.

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The Judiciary: Cutting Edge Of A Predator State - By Prashant Bhushan

At a time when the dominant class in India is obsessed with power and when India appears to be at the threshold of becoming an "economic and military superpower", it is interesting that Tehelka has organized this seminar called, "The summit of the powerless". Though one hardly sees any powerless people here, or even many who represent them, it is still important that a meeting on this theme has been organized by Tehelka.

It is this obsession with power which is the driving force behind the vision of India of the ruling elite of this country. That is why we see the frequent "power summits" being organized by major media organizations which are dominated by talk of India as an "emerging superpower", with a booming sensex and a GDP growth poised to reach 8, 9 and even 10%. And it is this power crazed libido of the elite which have made them the cheerleaders of the government which is straining to become the Asian right hand of the United States. This single minded pursuit of a strategic relationship with the US has made us lose our moral bearings as we vote against our old friends like Iran and keep quiet on unimaginable atrocities being committed by the US in Iraq and by Israel in Palestine.

What kind of society is this "power driven" vision of India producing. While the elite celebrate the booming sensex, the consumer boom among the middle classes which the spectacular GDP growth appear to be giving them, the poor are pushed to greater and greater destitution, as the agricultural economy collapses and they are sought to be deprived of whatever little they have in terms of land and other natural resources. After all, when agriculture is not contributing to the GDP growth, why not take away the land, water and other resources from agriculture and give them to the sectors which are leading the growth-the SEZs and the IT industry for example. That (and the opportunity for a real estate killing) explains the stampede for setting up SEZs and IT parks, which will be high growth privileged enclaves, helped no doubt by the cheap compulsory acquisition of land, the absence of taxes, labour and environmental laws. They are envisioned almost as private and self governing States with their own police and courts. It makes no difference to those who hope to occupy these enclaves that India is almost at the bottom of the heap in terms of the Human Development Index, in terms of the percentage of people in the country who have access to housing, food, water, sanitation, education and healthcare.

So as the rural economy is destroyed (partly by agricultural imports) and the poor are deprived of their land, their forests, their water and indeed all their resources, to make way for mining leases, dams, SEZs and IT parks, all of which augur faster GDP growth, the poor get pushed to suicide or to urban slums. Here they struggle for existence in subhuman conditions with no sanitation, water, electricity, and always at the mercy of the weather, corrupt policemen and municipal officials. These slums often exist side by side with luxurious enclaves of the ultra rich who pass by them with barely a scornful glance and regard them as a nuisance who should be put away beyond their gaze. And if the government cannot accomplish that, there are always the courts to lend a helping hand. In the past two years about 2 lakh slum dwellers from the Yamuna Pushta and other Jhuggi colonies of Delhi have been removed on the orders of the court and thrown to the streets or dumped in the boondocks of Bawana (40 Kms from Delhi) and without any sanitation, water, electricity or even drainage. It would be surprising if many of them do not become criminals or join the ranks of naxalites who have come to control greater and greater parts of the country.

What kind of society are we creating? A society which is not only deeply divided in economic classes with a vast chasm dividing them, but also one where the preoccupations of the dominant classes are becoming increasingly crassly materialistic, narcissistic and base. If one were to examine the content of the mainstream electronic media-even news channels, particularly private channels which are the main source of information and entertainment for the middle class elite, one would find that it is characterized by an increasingly vacuous intellectual content and pandering more and more to the baser instincts of sex, violence and a morbid fascination for gossip particularly about the private lives of Bollywood stars. Stories about real people and serious public interest issues have been reduced to mere sound bytes of a few seconds. The interest of the middle classes in and their attention span for serious issues of public interest have been reduced to a vanishing point, as the culture of consumerism and self indulgence has taken over contemporary society. Even as scientific evidence piles up about how the world is headed towards environmental catastrophe due to global warming, not many among our well to do elite have even bothered to understand the issue, let alone bother about tackling the problem. They are oblivious of and unconcerned about the disaster which will certainly affect their children if not themselves during their lifetimes.

A sickness afflicts the soul of the dominant elite of India today. It is a sickness which has led to a total loss of vision and has made us lose our moral bearings. It is this sickness which is allowing us to celebrate our great GDP growth and our emerging superpower status when the majority of our countrymen sink to deeper and deeper depths of destitution and despair. It is this sickness which allows us to rejoice in our becoming the main sidekick of the global bully, while we shut our eyes to the enormous injustice being done to the oppressed people of Iraq, Palestine and other countries at the receiving end of the bully's muscle. It is this sickness which has produced the vision of the State as the facilitator of this rapaciously exploitative model of development. A vision where the State's role is seen as an institution which tries to facilitate the maximization of GDP growth. Which naturally requires the State to withdraw from its welfare obligations and facilitate a privatized society run on laissez faire economics. After all, private enterprise, run on the profit motive is the best bet for maximizing GDP growth. It is this model which snatches land from the farmer for the SEZs, the IT parks and the mines. That vision is producing a society which is intoxicated with a kind of development and feeling of "power" which are sowing the seeds of its own destruction in not too far a future. We have become a society of many Neros who are fiddling while the country is on fire.

It is not surprising then that the "powerless" regard the State as predator rather than protector. Even more unfortunately, the recent role of the judiciary which was mandated by the constitution to protect the rights of the people is making it appear as if it has become the cutting edge of a predator State.

There was a time, not so long ago, when the Supreme Court of India waxed eloquent about the Fundamental right to life and liberty guaranteed by Article 21 of the Constitution to include all that it takes to lead a decent and dignified life. They thus held that the right to life includes the right to Food, the right to employment and the right to shelter: in other words, the right to all the basic necessities of life. That was in the roaring 80's when a new tool of public interest litigation was fashioned where anyone could invoke the jurisdiction of the Courts even by writing a post card on behalf of the poor and disadvantaged who were too weak to approach the courts themselves. It seemed that a new era was dawning and that the courts were emerging as a new liberal instrument within the State which the poor could access to get some respite from the various excesses and assaults of the executive.

Alas, all that seems a distant dream now, given the recent role of the courts in not just failing to protect the rights of the poor that they had themselves declared not long ago, but in fact spearheading the massive assault on the poor since the era of economic liberalization. This is happening in case after case, whether they are of the tribal oustees of the Narmada Dam, or the urban slum dwellers whose homes are being ruthlessly bulldozed without notice and without rehabilitation, on the orders of the court, or the urban hawkers and rickshaw pullers of Delhi and Mumbai who have been ordered to be removed from the streets again on the orders of the court. Public interest litigation has been turned on its head. Instead of being used to protect the rights of the poor, it is now being used by commercial interests and the upper middle classes to launch a massive assault in the poor in the drive to take over urban spaces and even rural land occupied by the poor, for commercial development. While the lands of the rural poor are being compulsorily taken over for commercial real estate development for the wealthy, the urban poor are being evicted from the public land that they have been occupying for decades for commercial development by big builders, for shopping malls and housing for the wealthy. Roadside hawkers are being evicted on the orders of the Courts (which will ensure that people will shop only in these shopping malls). All this is being done, not only in violation of the rights of the poor declared by the Courts, but also in violation of the policies for slum dwellers and hawkers which have been formulated by the governments. Usually these actions of the Court seem to have the tacit and covert approval of the government (and the court is used to do what a democratically accountable government cannot do). Let us examine a few of these cases.

In the Narmada case, the Court recently refused to restrain further construction of the Dam which would submerge thousands of families without rehabilitation even when it was clear that this was not only in violation of the Narmada Tribunal Award, but against their declared fundamental rights. The court's behaviour in first refusing to hear the matter, then repeatedly adjourning it, then allowing the construction to be completed on the specious ground that they needed the report of the Shunglu Committee, clearly demonstrated a total lack of sensitivity to the oustees and a total subordination of their rights to the commercial interests of those industrialists led by Narendra Modi who are eyeing the Narmada waters for their industries, water parks and golf courses. The gap between the rhetoric and the actions of the Court could not be more yawning.

Meanwhile, as the Narmada oustees were being submerged without rehabilitation, a massive programme of urban displacement of slum dwellers without rehabilitation was being carried out in Delhi and Bombay, also on the orders of the High Courts. Sometimes on the applications of upper middle class colonies, sometimes on their own, the Courts have been issuing a spate of orders for clearing slums by bulldozing the jhuggis on them, on the ground that they are on public land. Some of this is being done with the tacit approval of the government, such as the slums on the banks of the Yamuna which are being cleared for making way for the constructions for the Commonwealth games. And all this, without even issuing notices to the slum dwellers, in violation of the principles of natural justice.

This was not all. The Court's relentless assaults on the poor continued with the Supreme Court ordering the eviction of Hawkers from the streets of Bombay and Delhi. Again, turning their backs on Constitution bench judgements of the Court that Hawkers have a fundamental right to hawk on the streets, which could however be regulated, the Court now observed that streets exist primarily for traffic. They thus ordered the Municipality and the police to remove the "unlicenced hawkers" from the streets of Delhi. All this again without any notice or hearing to the hawkers. This effectively meant that almost all the more than 1.5 lakh hawkers would be placed at the mercy of the authorities, since less than 3 percent had been given licences.
More recently, the Delhi High Court has ordered the removal of rickshaws from the Chandni Chowk area, ostensively to pave the way for CNG buses. This order will not only deprive tens of thousands of rickshaw pullers of a harmless and environmentally friendly source of livelihood, it will also cause enormous inconvenience to tens of thousands of commuters who use that mode of transport.

Several recent judgements of the court have grossly diluted the various labour laws which were enacted to protect the rights of workers. The government has been wanting to dilute these laws for bringing about what they call "labour reforms", in line with the new economic policies, but they have been unable to do so because of political opposition. The courts have thus stepped in to do what the government cannot do politically. They have not only diluted the protection afforded to workmen by various laws but have openly stated that the Court's interpretation of the Laws must be in line with the government's new economic policy- a fantastic proposition which means that the executive government can override parliamentary legislation by executive policy. The same proposition was enunciated by the Supreme Court in the Mauritius double taxation case, where the court said that the government can by executive notification give a tax holiday to Mauritius based companies, even though it is well settled that tax exemptions can only be given by the Finance Act which has to be passed by Parliament. Thus we find that the Courts are becoming a convenient instrument for the government to bypass Parliament and implement executive policy which is in violation of even Parliamentary legislation. This congruence of interest between the executive and the courts is most common when it comes to policies which are designed to benefit the wealthy elite.

One important reason why the court can do such things is because it is completely unaccountable. The executive government must seek reelection every 5 years which acts as a restraint on its anti poor policies. The court has no such restraint. There is no disciplinary authority over judges, with the system of impeachment having been found to be completely impractical. On top of this, the Supreme Court has by a self serving judgement removed judges from accountability from even criminal acts by declaring that no criminal investigation can be conducted against judges without the prior approval of the Chief Justice of India. This has resulted in a situation where no criminal investigation has been conducted against any judge in the last 15 years since this judgement despite common knowledge of widespread corruption in the judiciary. Even serious public criticism and scrutiny of the judiciary has been effectively barred by the threat of contempt of Court. And now, they have effectively declared themselves as exempt from even the right to information Act. Is it surprising then that they suffer from judicial arrogance which enables them to deliver such judgements.

This has bred and is continuing to breed enormous resentment among the poor and the destitute. Feeling helpless and abandoned, nay violated by every organ of the State, particularly the judiciary, many are committing suicides, but some are taking to violence. That explains the growing cadres of the Maoists who now control many districts and even States like Chhatisgarh. The government and the ruling establishment thinks that they can deal with this menace by stongarm military methods. That explains why the government relies more and more on the advice of former cops like Gill and Narayanan and why there is talk of using the Army and Air Force against the Maoists. Tribals in Chhattisgarh are being forced to join a mercenary army funded by the State by the name of Salva Judum to fight the Maoists. But all this will breed more Maoists. No insurrection bred out of desperation can be quelled by strongarm tactics. The very tactics breed more misery and desperation and will push more people to the Maoists.

Unless urgent steps are taken to correct the course that the elite establishment of this country is embarked upon, we will soon have an insurgency on our hands which will be impossible to control. Then, when the history of the country's descent towards violence and chaos is written, the judiciary of the country can claim pride of place among those who speeded up this process.
We desperately and urgently need a new vision for the country as well as for the judiciary. We need to rediscover and perhaps reinvent the concept of the State as a welfare State. Our judiciary was created by the British who created it mainly to protect the interests of the empire. That is one of the reasons why it in inaccessible to the common people. We need to reinvent the judiciary in line with a new vision for India. A judiciary which will really be people friendly, which can be accessed without the mediation of professional lawyers and which will consider it its mission to protect the rights of the poor. Unless we can demonstrate the capacity to form that vision and translate in into action, we are headed for serious trouble.

____________ _________ _________ _________ _________ _________ _________ _________ _______

AN APPEAL TO HONOURABLE PRIME MINISTER OF INDIA

Dear sir,

INDIA: Dalit female village head unable to conduct her public obligations due to manipulative caste discrimination

Name of victim: Mrs. Munia devi
Address of victim: Koirajpur village under Harhua Block, Varanasi district, Uttar Pradesh state, India
Alleged perpetrators:
1. Mr. Ravindra singh, the resident of village Koirajpur, Varanasi district, Uttar Pradesh, India
2. Mrs Sushma singh wife of Mr. Ravindra singh, the resident of Koirajpur village, Varanasi district, Uttar Pradesh, India
3. Mr.Lalchand, the secretary of the Koirajpur village
4. Satendra rai, Food Inspector
5. Nilesh Uppal, Supply Inspector Pindra
6. Rameshwar singh, Supply Inspector, Badagaon
7. Sanjay singh, Nayab Tahasildar Athgaonva
Duration of the incident: From September 2005 to date

I am writing to you to inquire into the situation of Mrs. Munia devi, the current village head of Koirajpur village, under Harhua Block in Varanasi district of Uttar Pradesh, India.

I have been informed that Munia is from the Chamar community belonging to the Scheduled Caste in India. I understand that Munia was elected as the village head in September 2005, but is still denied to the rights to discharge her duties and has being denied control over the management of the village by the upper caste persons named above. I am surprised to know that the village secretary who was appointed by the government to help the village head in manage affairs has joined hands with the upper caste people and is not aiding Munia in any way.

I have also learned that Munia was physically assaulted by Mr. Ravindra singh for voicing her opposition to the corruption within PDS (Public Distribution System) shop. I know that Munia was allegedly verbally abused and intimidated by Mr. Ravindra Singh, the husband of PDS shop keeper.

I am aware that the election of Munia as the village head of Koirajpur village was because the constituency was reserved for a member from the Scheduled Caste or Tribe during the 2005 elections. However, I understand that even though Munia was elected she is not able to discharge her duties as the village head thus far due to the threats and intimidation of the upper caste members named above and also due to the non-cooperation of the village secretary Mr. Lalchand.

I am also aware that the 73rd amendment of the Indian Constitution was to percolate local administration to village level and also to facilitate empowerment of the marginalized communities in India especially the members of the lower caste and those from the Scheduled Caste and Scheduled Tribe and the women. However, from the facts made available to me regarding Munia's case suggest to me that such an attempt is yet to take real shape owing to various tactics played by the upper caste Hindus in rural villages in India. I am aware that while on the one hand this case could be considered as yet another example of caste based discrimination in India, I also see this case as a glaring example of the administrative failure in several parts of India, particularly in rural villages.

It is clear that the acts meted out against Munia are a crime under Section 3(x) and section 4 of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. However, I am surprised to know why no action has been taken against the perpetrators in this case. I therefore urge you to immediately institute an impartial inquiry into this case and see to it that the complaints of Munia are addressed and also necessary action is taken under the provisions of the above law against the alleged perpetrators. I am also informed that the Asian Human Rights Commission is writing a separate letter to Mr. Doudou Diene the United Nations Special Rapporteur on contemporary forms of racism and racial discrimination to express concern about this case and calling for an intervention.

I look forward to your urgent intervention in this case.

Sincerely your's,

Nagaraj.M.R.

____________ _________ _________ _________ _________ _________ _________ _________ _______

Edited , printed , published owned by NAGARAJ.M.R. @ # LIG-2 / 761,HUDCO FIRST STAGE , OPP WATER WORKS , LAXMIKANTANAGAR ,HEBBAL , MYSORE – 570017 INDIA………cell : 9341820313
home page : http://groups. yahoo.com/ group/naghrw , http://groups. google.co. in/group/ hrwepaper/
http://indiapolicel aw.blogspot. com/ , http://hrwpaper. blogspot. com/
contact : naghrw@yahoo.com , nagarajhrw@hotmail.com
A member of AMNESTY INTERNATIONAL INDIA

____________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ ___

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Punjab Police officials fined for torture

noreply@blogger.com (Journey) — Mon, 11 Dec 2006 16:40:00 +0000

http://www.indlawnews.com/418787508A6592928436991D43510C02
Punjab Police officials fined for torture
10 October, 2006

The Punjab and Haryana High Court has slapped a fine of Rs 50,000 each on two assistant sub-inspectors (ASI) of Punjab police for wrongfully detaining a young man and subjecting him to torture.

Justice Surya Kant ordered the two police officials namely ASIs Surinder Singh and Manjeet Singh of sub-divisional police headquarters and police station, city, Abohar in Ferozepur district respectively, to deposit the sum with the authorities within two months.

The orders were passed after hearing the petition preferred under the Contempt of Court Act for violating the directions of the Supreme Court.

The petiton was filed in the High Court by Ashok Kumar, father of the victim, who said his son had been arrested by the police on August 22, 2004 and subjected to sustained torture over the period after implicating him in a false case under the Narcotic Drugs and Psychotropic Substances Act.

In his report, the Chief Judical Magistrate categorically asserted that it was a case where the police was clearly on the wrong side of the law. The report also confirmed torture. The Chief Judicial Magistrate was also informed by the state police headquarters that departmental action against the two police officials was underway.

Since the drug case was found to be false, the police in the intervening period also cancelled the FIR pertaining to the case.

The petitioner pointed out that the police officials, Surinder Singh and Manjeet Singh were guilty of contempt of court as not only had they handcuffed the alleged accused but also not followed the directions of the apex court wherein access to the lawyers of the accused was made mandatory besides restraining the police from handcuffing the accused unless it involved high risk of security.

Holding the two police officials guilty of the contempt of court in violating the directions of the Supreme Court, Justice Surya Kant disposed of the petition with directions to the respondents to pay up the fine.

U.N. body cites numerous torture reports in Russia

noreply@blogger.com (Journey) — Sun, 26 Nov 2006 14:58:00 +0000

Sat Nov 25, 2006 8:22 AM IST
http://in.today.reuters.com/news/newsArticle.aspx?type=worldNews&storyID=2006-11-25T081135Z_01_NOOTR_RTRJONC_0_India-277706-1.xml&archived=False
By Stephanie Nebehay
GENEVA (Reuters) - A U.N. human rights body said on Friday it had received consistent allegations of torture by Russian forces, including in secret detention centres in Chechnya.
The United Nations Committee against Torture called on Russia to investigate and prosecute all allegations of torture, including "hazing" in the military which it said was carried out with widespread impunity, and report back in a year.
The committee referred to "widespread use of torture" in Russia and expressed concern at "the particularly numerous, ongoing and consistent allegations of acts of torture and other cruel, inhuman or degrading treatment or punishment committed by law enforcement personnel, including in police custody".
It voiced concern at numerous allegations of abductions and disappearances in the turbulent region of Chechnya, mainly during anti-terrorist operations, as well as the widespread practice of detaining relatives of terrorism suspects.
The committee cited "reliable reports of unofficial places of detention in the North Caucasus and the allegations that those detained in such facilities face torture or cruel, inhuman or degrading treatment".
The U.N. forum, composed of 10 independent experts, monitors compliance with a 1984 treaty banning torture and other cruel, inhuman or degrading treatment. Russia is among 142 states to have ratified the pact.
Its conclusions were issued at the end of a three-week meeting which examined the records of seven countries - Burundi, Guyana, Hungary, Mexico, Russia, South Africa and Tajikistan.
Hazing, or brutal bullying, and torture continues within the Russian military and victims who complain are subject to further abuse, the committee said.
Human rights groups say Russian forces and their local allies are conducting a campaign of indiscriminate violence in Chechnya under the cover of fighting an anti-Moscow insurgency.
Russian rights groups estimate there have been 3,000-5,000 disappearances in Chechnya since Russian troops moved to crush the breakaway region's self-declared independence in 1999.
Human Rights Watch, in a report submitted to the U.N. forum, said that inmates, including women and minors, were routinely tortured in both official and secret prisons across Chechnya.
Methods used to extract information from people suspected of backing rebels included beatings with cables, burning with red-hot rods and electric shocks, the New York-based group said.
The U.N. committee expressed concern at killings of journalists and human rights defenders, including the October 7 murder of the investigative journalist Anna Politkovskaya who was a fierce critic of Moscow's war in the troubled region.
Her last article, published after her murder, was an account from a Chechen man who said police passed electric shocks through his fingers until he confessed to terrorism.

China official admits to torture

noreply@blogger.com (Journey) — Wed, 22 Nov 2006 17:02:00 +0000

China official admits to torture
Monday, 20 November 2006,
http://news.bbc.co.uk/2/hi/asia-pacific/6164408.stm
A senior Chinese official has made a rare admission about the extent of the use of torture in getting convictions in China's courts.
Wang Zhenchuan, Deputy Procurator General, said at least 30 wrong verdicts were handed down each year because torture had been used.
Mr Wang said the real number could be higher, according to state media.
Confidence in China's justice system has been seriously undermined by recent high-profile wrongful convictions.
A butcher executed for murder in 1989 was proved innocent when his alleged victim was found alive, while a man was freed after 11 years in jail when his wife, whom he was accused of killing, was also found alive.
Mr Wang's unusually frank comments appeared to be part of a campaign to tackle problems in the judicial system, and shore up public trust.
He said suspects' rights needed to be protected by stopping the use of illegal interrogations involving the use of torture.
He said illegal interrogation existed to "some extent" in local judicial practice.
"Nearly every wrongful verdict in recent years is involved in illegal interrogation," he said, according to the official Xinhua news agency.
Change of tack
China outlawed torture in 1996, but a UN special envoy on torture, Manfred Nowak, said last year it remained widespread.
Mr Nowak, who spent two weeks in the country, said torture methods included electric shock batons, cigarette burns, and submersion in pits of water or sewage.
China rarely admits publicly to weaknesses in its judicial system.
But correspondents say the recent high-profile mistakes appear to have prompted a change of thinking.
In January, Mr Wang said China was to begin recording police interviews in workplace-related crimes to stop confessions being extracted through torture.
And last month, China's parliament approved a law allowing only the country's top court to approve death sentences - a move designed to stop serious abuses in lower level courts.