http://pvchr.blogspot.com/2009/06/testimony.html
http://www.scribd.com/doc/16917762/Testimony-of-Ram-Lala-police-survivor
Monday, June 29, 2009
Friday, June 26, 2009
A peoples' intiative for torture free India
PVCHR on the day of its establishment and international Anti-torture day celebrates as a signature campaign in 50 districts of five states of North India. In Varanasi campaign held in front of Government District Head Quarter in which 76 activists and representative from different organization participates. The District Head Quarter echoes with the chanting slogan for the ratification of UNCAT, enactment of domestic law and to impede police torture
The demands were placed in the banner addressing the Prime Minister of India as
- To formulate police reform on the report of police commission
- Torture bill should be enacted through the discussion among the public.
- Ratification of UN convention against torture (UNCAT), 1997.
- To establish the schemes for social, economic and psychological rehabilitation of survivors of torture and organized violence.
- Post mortem should not be done or related with the schedule caste "Dom community" but by the trained personnel. Because Post Mortem report is important evidence before the court in criminal cases.
- To amend as removal of the section 197 of Cr.P.C. and direct provision of case on the alleged government personnel and officers
Ms. Shruti Nagvanshi, Convener, Savitri Bai Phule Womens' Forum (SWF) states,"this petition is internationally popularize through online petition, Face book, You tubes and blogs, which is supported by hundreds of people together with Asian Human Rights Commission, Government of Netherland along with Mr. Rahul Gandhi. Suppose if10 cases of police torture and maltreatment happens in one police station so, in 12702 police yearly 1524240 cases of maltreatment and police torture happens."
Dr. Lenin Raghuvanshi, Convener, Peoples' Vigilance Committee on Human Rights (PVCHR) states,"if we gaze the history of police torture in India the Police Act 1861 was established and formation of British colonial police system for not repetition of 1857 revolt and bruise in way suppressive way. If we study the British police system that time British officers holds the post with the power and today the same power high official of Indian police is holding. The British police enforced them to torture Indian citizen and disciplinary action against Indian Police was on their desire. After the many decades of independence no amendment in the colonial Police Act 1861 that result now Indian police is following on the foot step of Britishers and bruising the democratic voice on the direction of anti-poor administration. He said Post mortem should not be done or related with the schedule caste "Dom community" but by the trained personnel, as Post Mortem report is important evidence before the court in criminal cases. Forceful approbation of crime by police under section 161 C.r.P.C. that is not evidence under section 26 of evidence act; if the statement is not given before the magistrate."
As the Prevention of Torture Bill, 2008 being brought by the government of India is a sham. The Bill contains only three operative paragraphs relating to definition of torture, punishment for torture and limitations for cognizance of offences falls.
The Prevention of Torture Bill 2008 falls far short of obligations that the States ratifying the CAT must undertake. It provides "narrow and restrictive definition of torture" with no reference to death as a result of torture. It provides for lenient punishment for torture contrary to the punishments provided under the Indian Penal Code for similar offences. Further, the six months bar for taking cognizance of offences under the proposed Bill is contrary to the Criminal Procedure Code, 1973.
Torture is also used by law enforcement officers as a tool for extortion. This behaviour has distanced law enforcement officers from the ordinary people. In fact, 'law enforcement agency' has become a misnomer in India; public perception sees these agencies as state sponsored criminals in uniform. It is common practice in India for ordinary individuals required to interact with law enforcement agencies to first seek assistance from politicians, to avoid intimidation, abuse or arbitrary detention. Corrupt politicians make use of this as an opportunity to demand bribes. In this way, torture facilitates corruption not only among law enforcement agencies, but also among other public servants.
Similarly, torture corrupts the country's justice delivery mechanisms. Even though torture and fair trial cannot coexist, criminal charges based upon evidence gathered by the use of torture continue to be brought to court, and result in acquittals. On the other hand, when there are possibilities for persons to be convicted through such evidence, fair trial is negated.
As of now there is no law in India criminalising torture. For the past several months, a law to this effect has been under the consideration of the government; however, it would require considerable revision to meet international standards that conceive torture as a crime against humanity. The internationally recognised definition of torture as envisaged in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation
The proposed Indian law however, limits the definition of torture as "any act which causes:- (i) grievous hurt to any person; or (ii) danger to life or health (whether mental or physical) of any person". Limitations like the requirement of 'grievous hurt' not only circumscribe the concept of torture from its normative definition, but also put additional burden upon the victim to prove that the injury was grievous in nature. The law is also silent about the burden of proof, which according to existing provisions of the Indian Evidence Act, 1872, is upon the victim.
The introduction of the concepts of 'hurt' and 'danger' in the law as qualifiers to the Convention's broad definition of torture can only be viewed as an intentional attempt to dilute the state's responsibility in preventing torture. It is also an attempt to dilute the gravity of torture, the right to be free from which has attained the status of ius cogens, a peremptory norm in customary international law. The condemnation of the crime of torture and its expanding horizon, envisaged as early as 1992 by the United Nations in General Comment 20, is sought to be kept away from Indians through this legislative process.
The law's bypassing of key aspects such as the investigation and prosecution of torture further lessens its use for torture victims. Without exception, no one in India would expect the police to impartially and promptly investigate an act of torture allegedly committed by their peers.
The proposed law also prescribes perimeters to its operation by limiting the time period within which a complaint has to be filed to six months from the date of incident. The law makes no mention of any complaint filing mechanism however, or provisions for witness protection. Considering the gravity of the crime and the possible suspects, a law criminalising torture must include measures for witness protection.
So far, the government has not initiated any discussion or debate concerning the proposed law. Civil society groups however, observe the International Day in Support of Victims of Torture, June 26, as an occasion to discuss the brutal practice of torture in the country. For these discussions to be meaningful, civil society must also analyse the proposed law and devise means to make the necessary revisions for it to meet the standards prescribed in the Convention against Torture, which India signed as early as 1997.
In this context the new initiative was taken together by Peoples' Vigilance Committee on Human Rights (PVCHR), Varanasi and Danish organization Rehabilitation and Research Centre for Torture Victim (RCT) for developing testimonial therapy for the police torture and organized violence survivors. 85 survivors of police torture and organized violence were benefited and the psychological conditions of 85 survivors were very worst
Reporting By:Shirin Shabana Khan
Assistant Director (Communication)
PVCHR/JMN
Thursday, June 25, 2009
Pattern of Human Right Violation through Torture and other form of organized violence
Statement of PVCHR(Peoples' Vigilance Committee on Human Rights) as a member of NATT
India is the world's largest democracy with one of the best constitutions and is equipped with domestic mechanisms to fulfil the constitutional guarantees to protect human rights and dignity. However, theory is very different from practice. Internationally accepted human rights institutions are reporting continuously on severe human rights violations in India. Primary concerns are torture, caste discrimination, cases of starvation as a direct consequence of caste discrimination as well as abuse and discrimination of women. There is a widespread use of custodial torture in India. In the context of crime investigation suspects are tortured through beating, sensory deprivation, simulated drowning, electricity shocks, shooting, mental torture etc. to enforce confessions. Due to the absence of an independent agency to investigate cases, complaints are often not properly proofed and perpetrators are not prosecuted and punished. A blatant lack in human rights protection in India is the fact that the government has refused to ratify the UN-Convention against torture.
Torture is integral part of criminal investigation in India and considered as cheap and easy method in investigation. Brutal practices and the misuse of force is very common in the operation of the police across the country. It is tool of oppression used by those in the position of authority to threaten and intimidate detainees. The police and other security forces are given legal immunity from act of torture and extra-judicial killings under various legal provisions of Armed Forces Special Power Act (AFSPA) and section 197 of Cr.P.C. These immunities play significant role in the prevalence of torture and violence. However majority of the cases are seldom reported and inquired.Considering the data & number of cases withdrawn derived from different initiative in India, we project the annual number of torture cases at 15,24,240 in India (about 10 cases per month in 12,702 police stations).
TOV and caste: Elitism is deeply rooted in culture and the police are deliberately made to function in ways that support the interest of the elite class and caste, in the name of order. Caste based discrimination still affects the life of a high percentage of Indian population and is practiced in the educational system, in places of work, villages and towns and even in courts of justice. The refusal of the police to investigate a case of caste discrimination is common. Schedule caste known as dalit are continuously facing atrocities and discrimination in all sphere of life, while accountability for the violation of dalit right was seldom established. The most heinous impacts of caste based discriminations are starvation and malnutrition. Acute poverty and cases of starvation occur especially in marginalized groups in the Indian society like minority communities, tribes and Dalits. Untouchability is still practiced across India and the dalit are continuously denied to access public place. From the very beginning the dalits are continuously deprived of land in-spite of many laws relating land. Abuses against dalits are numerous and take many different forms; they include (but are not limited to):
· Socioeconomic discrimination
· Beating, slashing, and other forms of torture
· Arson -- the burning of Dalit communities
Demoralizing the lower caste is very common with a view to make them silence, so that they can not raise their voice. When a person from upper caste commits crime, after the trial the person is punished. However when it comes to the lower caste the entire community is punished. This punishment is not from court, but form the upper caste and the police provide its sound support in implementing punishment to upper caste. Indian Police learnt from practice of caste system of demoralization and community punishment and on the other hand most of the custodial torture, violence and death is committed against marginalized and deprived caste. Many dalit are tortured and subjected to humiliation and degrading treatment in public like garlanded with chappel and sandal, blackening face, riding over ass etc.
TOV and patriarchy
The discriminatory organized violence against women is one of the most relevant human rights issues in India. Experts report on severe gender based violence which includes domestic violence, dowry linked violence, sexual assault, sexual harassment and sex-selective abortion. Though dalit are considered untouchable, yet rape of dalit women is very common by upper caste. Dalit women bear a triple burden; they are exploited by caste, class and gender. Discrimination of women is evident among others in the educational system, in political and public life and in the law. Violence against women is increasing rapidly. Apart from above violence, the women are victim of violence by securities forces and armed opposition groups, traditional justice delivered by panchayat and cruel cultural practices like sati, honor killing and witch hunting.
State terror through Anti-terrorism legislation
In response to independence movements in the north-east of India, special emergency laws were enacted (e.g. The Armed Forces (Special Power) Act of 1958). The implementation of this law is limited to areas declared as 'disturbed' by the central government in Delhi. However similar laws are also implemented at the state level by various state governments in India. The Chhattisgarh Special Public Security Act 2006, the Maharashtra Control of Organised Crime Act 1999, the Madhya Pradesh Special Areas Security Act 2001 and the Uttar Pradesh Control of Organised Crime Bill 2007 are a few examples. These state/province-made laws have resulted in the militarisation of a large part of India. The militarisations in these areas are sponsored by the local state government by deploying 'special armed forces' recruited from the state police.
Communal violence and caste
India is secular state and person is free to adopt any religion and act according to the rituals of that religion. However concept of secularism is being disturbed many times by extremist group, which outcome is Sikh massacres(1984), Mumbai rioting(1992-93), Gujarat genocide (2002), Dargah rioting (2006) etc. The irony is that the police supporting the extremists by targeting innocent people and the politician are playing game in the name of showing sympathy. There is lack of political will to prosecute the perpetrators of the violence. Apart from this many innocent people charged under POTA. So the minorities are facing from three fold like: attack by majority community, attack by police and charging innocent under POTA.
New discourse in anti-TOV initiative:
In the colonial era the feudal system existed and it was based on "rule of lord" instead of "rule of law". The unjust and undemocratic system is governed through colonial Police law made in that era so the police is still acting according to "rule of lord" and clearly denying the concept of welfare state.
Now a day, Indian society is still remains in semi-feudal and semi-capitalist mode of production and caste system serves this perfectly. The danger faced by the caste dictatorship created a new link in communal Hinduism fascism and imperialism. There is need that all the progressive power must join hand to crush Brahmanism from its roots so that Manu's patriarchal dictatorship may not persist and flourish.
Wednesday, June 24, 2009
Tuesday, June 23, 2009
Monday, June 22, 2009
Saturday, June 20, 2009
No to torture, establishment of rule of law: an appeal on anti-torture day
No to torture, establishment of rule of law
The first Prime Minister of India Mr. Jawahar Lal Nehru states "Police is standing on quadrilateral from where it can protect and also violates human rights"
It is apparent that police is the biggest agency for the establishment of rule of law and human rights. However police torture is prohibited under section 330 -331 of Indian Penal Code (IPC). Forceful approbation of crime by police under section 161 C.r.P.C. that is not evidence under section 26 of evidence act; if the statement is not given before the magistrate, then question arise why police is taking the hold of torture?
The main reasons of torture are feudal and colonial structure of police, scarcity of resources in the police department, political intervention and no investigation agency apart from police department which based on the scientific and impartial. Feudal society itself acknowledges the torture.
Definition of torture of United Nation Convention Against Torture Article (1): For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
(Please visit: http://www.hrweb.org/legal/cat.html)
If we gaze the history of police torture in India the Police Act 1861 was established and formation of British colonial police system for not repetition of 1857 revolt and bruise in way suppressive way. If we study the British police system that time British officers holds the post with the power and today the same power high official of Indian police is holding. The British police enforced them to torture Indian citizen and disciplinary action against Indian Police was on their desire. After the many decades of independence no amendment in the colonial Police Act 1861 that result now Indian police is following on the foot step of Britishers and bruising the democratic voice on the direction of anti-poor administration.
Amended section 176 (A) of C.r.P.C. have provision for the investigation in the each case of custodial death, however this section does not implicate in any case of entire U.P and mutually under section 97 of C.r.P.C. magistrate may issue search –warrant if any person is illegally taken in the custody. Honorable Supreme Court issues essential guideline for the detention in the case of D.K Basu Vs West Bengal, which is mandatory for police to follow. In the encounter killing, National Human Rights Commission (NHRC,www.nhrc.nic.in) directed for the FIR on the police also and the fair investigation by independent agency. NHRC also directed to send the videography of post mortem report in case of custodial death. There is a provision of interim relief as compensation under section 19 of Human Right Act. Article 21 of Indian Constitution gave rights to live with dignity, which is against the basic principle of torture.
If we look on the statistics, mostly poor, marginalized, dalits, minority and backward were being tortured. However big mafia and or anti –social element are not victimize of this, exceptionally one or two cases. Only common people are panic with the fear of police. Police jointly with the influenced criminal established the rule of lord through the corruption based discriminatory practices. So, no rule of law can be established without preventing police torture. Lets come together to enlighten the struggle to stop torture and establish rule of law.
What you can do?
- Protest on 26th June, street play, discussions and to send the letter to the Prime Minister, press release in the leading newspaper and remit your activities to us.
- Indian Government signed the 1997 UNCAT; still it has not been ratified. Send letter to the Prime Minister and President of India put pressure through organizing demonstration, protest, discussion, rally for the ratification of United National Convention against Torture (UNACT) ,1997.
- To object on the torture happening in proximity and inform it to National Human Rights Commission, Faridkot house, Copernicus Marg, New Delhi.
- To write the letter to the editor against torture.
- To popularize about torture and its form, police torture reckoning the evidence related to facts and remitted through the newsletter to the commission, Government and PVCHR.
- To inform about the Honorable Supreme Court orders and guideline, laws and international declaration and convention.
- To implement report of police commission and make pressure for the formation of investigation committee
- To make pressure on the Government for providing resources to police department for doing establishment of rule of law.
Appeal released by Peoples' Vigilance Committee on Human Rights (PVCHR) for National Alliance on testimonial therapy (NATT)
PVCHR, SA 4/2 A, Daulatpur, Varanasi-221002, India
Contact: +91-9935599333 email:pvchr@pvchr.org
www.testimony-india.blogspot.com
Please visit:
www.pvchr.org
www.youtube.com/pvchrindia
www.pvchr.blogspot.com
www.sapf.blogspot.com
www.antiwto.blogspot.com
w.dalitwomen.blogspot.com
www.lenin-shruti.blogspot.com
Sample letter for PM :
Respected Dr. Manmohan Singh
Prime Minister
Prime Minister office, New Delhi
Sir,
Peoples' Vigilance Committee on Human Rights (PVCHR) on the day of its establishment and International Day in support of torture victims heartiest greets for being elected second time prime Minister of biggest democratic country of world. All the citizen of India is expecting from your Government to stop the anarchy based torture and to establish the rule of law.
The first Prime Minister of India Mr. Jawahar Lal Nehru states "Police is standing on quadrilateral from where it can protect and also violates human rights" however today the negative aspects of police are unrestrained in the society. Most of the direct and indirect torture done by the police are belongs to marginalized communities. After so many decades of independence there is no amendment in the colonial police act, 1861. Which result now Indian police is following on the same foot step of Britishers with same spirit of censorship for silence and bruising the democratic voice on the direction of anti-poor administration.
We, Indian urge for the immediate and firm action to protect the human rights by using your esteem position in policy making with the view as police is biggest agency for the protection of human rights where the highest human rights violation happened. It can be stopped with the implementation of given below points:
- To formulate police reform on the report of police commission
- Torture bill should be enacted through the discussion among the public.
- Ratification of UN convention against torture (UNCAT), 1997.
- To establish the schemes for social, economic and psychological rehabilitation of survivors of torture and organized violence.
- Post mortem should not be done or related with the schedule caste "Dom community" but by the trained personnel. Because Post Mortem report is important evidence before the court in criminal cases.
- To amend as removal of the section 197 of Cr.P.C. and direct provision of case on the alleged government personnel and officers
With Kind Regards,
Signature:
Name:
Address:
Organization:
http://www.scribd.com/full/16762611?access_key=key-1fmh2pcb50by2rh6frxn
26 June, Anti Torture
Wednesday, June 17, 2009
A wise step by Indian politician
Union minister Agatha Sangma who is from North East visited Irom Chanu Sharmila who is in custody at the JN Hospital where she has been undergoing a fast unto death for over nine years demanding removal of the AFSPA under which the people of Manipur are tortured & killed by the Indian Army, the Union minister gave a positive assurance to support the call for repeal of AFSPA from Manipur.Information from Wide Angle,a partner of National Allaince on Testimonial Therapy(NATT)
Tuesday, June 16, 2009
Testimonies of Guptas' family
Testimony of Amar Deep Gupta
http://www.scribd.com/full/16506553?access_key=key-vpnyzrjxtk9xtkr6jpc
Dr. Amardeep gupta
Testimony of Ms. Anupama Gupta
http://www.scribd.com/full/16506554?access_key=key-2hiav1mx5c03qzku9bf4
Dr. Anupama Gupta
Testimony of Mamta Gupta
http://www.scribd.com/full/16506555?access_key=key-16in4yv4x3y2lcvkn88b
Mamata Gupta
Testimony of Ratan Deep Gupta
http://www.scribd.com/full/16506557?access_key=key-ixeq9m3dt9n8mcxducs
Ratan Deep
Testimony of Shikha Sahu
http://www.scribd.com/full/16506558?access_key=key-15f237rpeez225rqh1hd
Shikha sahu
http://www.scribd.com/full/16506553?access_key=key-vpnyzrjxtk9xtkr6jpc
Dr. Amardeep gupta
Testimony of Ms. Anupama Gupta
http://www.scribd.com/full/16506554?access_key=key-2hiav1mx5c03qzku9bf4
Dr. Anupama Gupta
Testimony of Mamta Gupta
http://www.scribd.com/full/16506555?access_key=key-16in4yv4x3y2lcvkn88b
Mamata Gupta
Testimony of Ratan Deep Gupta
http://www.scribd.com/full/16506557?access_key=key-ixeq9m3dt9n8mcxducs
Ratan Deep
Testimony of Shikha Sahu
http://www.scribd.com/full/16506558?access_key=key-15f237rpeez225rqh1hd
Shikha sahu
Sunday, June 14, 2009
Saturday, June 13, 2009
Friday, June 12, 2009
Site information of voice of marginalized
---------- Forwarded message ----------
From: shabana khan <shabana@pvchr.org>
Date: Sat, Jun 13, 2009 at 10:57 AM
Subject: site information
To: Lenin Raghuvanshi <pvchr.india@gmail.com>
Email: shabana@pvchr.orgFrom: shabana khan <shabana@pvchr.org>
Date: Sat, Jun 13, 2009 at 10:57 AM
Subject: site information
To: Lenin Raghuvanshi <pvchr.india@gmail.com>
PVCHR creates a blog on the free space for the marginalized i.e. www.pvchr.blogspot.com. The profile of the organization can be viewed http://www.zoominfo.com/Search/CompanyDetail.aspx?CompanyID=177963509&cs=QHKm4H1Bc. In the month of May, 2008 total visitor of the blogspot was 33564166 and it increased in November, 2008 with the view of 36526213 and site rank was 19. The number of visitor view start increasing and now the site ranking of this blogspot is Monthly Unique Visitors: 49,261,893, Site Rank: 14, Trust Rating: Trusted .
--
Shirin Shabana Khan
Assistant Director (Communication)
PVCHR/JMN
Wednesday, June 10, 2009
letter to Janab Rahul Gandhi ji and response
---------- Forwarded message ----------
From: Office of Rahul Gandhi <office@rahulgandhi.in>
Date: Tue, May 26, 2009 at 6:38 PM
Subject: RE: letter to Janab Rahul Gandhi ji
To: PVCHR <pvchr.india@gmail.com>
From: Office of Rahul Gandhi <office@rahulgandhi.in>
Date: Tue, May 26, 2009 at 6:38 PM
Subject: RE: letter to Janab Rahul Gandhi ji
To: PVCHR <pvchr.india@gmail.com>
Dear Lenin,
Thank you for your congratulations and good wishes.
I see this performance as a victory for the policies, principles and ideals of the Congress party. The people of India have given a resounding mandate for national unity, a clean and purposeful government and India's continued march on the path of progress. It has been especially rewarding to see the youth and the disempowered support us in large numbers.
I look forward to your continued support in our task of delivering to the expectations of the people of India.
Yours sincerely,
Rahul Gandhi
From: PVCHR [mailto:pvchr.india@gmail.com]
Sent: Saturday, May 16, 2009 6:10 PM
To: office@rahulgandhi.in
Cc: Kanishka Singh
Subject: letter to Janab Rahul Gandhi ji
Dear Mr. Rahul Gandhi ji,
Congratulation on behalf of People of UP for grand success in election and establishing the new trend for secular democratic pro-people politics for rule of law.
I am optimistic for the police reform and enactment of anti-torture bill as well as ratification of UN Convention against torture by Government of India led by UPA.
Thanks and waiting for positive action,
With kind regards,
Lenin
http://pvchr.blogspot.com/2009/05/step-forward-against-torture.html
Dr. Lenin and Ms. Shruti from PVCHR met with Mr. Rahul Gandhi, Member of Parliament and Natioanal General Secretary,Congress(I) at 10 Janpath,New Delhi on 18 February 2009 and gave follow letter enclosing with the Manual on testimony therapy by PVCHR and Danish organization RCT(www.rct.dk) and the article in relation to reform in Police System.Congress Party mentioned the agenda of police reform in its election manifesto and it was also send to the various political parties
To
Shri Rahul Gandhi Ji
MP and General Secretary (Congress)
New Delhi
Subject: in relation to reform in Police System
Sir,
We would feel highly obliged to you if you kindly allow me to draw your attention on the necessity of police reform so that the objective of welfare state of India may be fulfilled up to maximum extent. The police does not have right to take the life of any person. If by his act, the policeman kills a person, he commits an offence of culpable homicide or culpable homicide amounting to murder unless such killing is not an offence under the law. Under the criminal law prevailing in India, nothing is an offence which is done in exercise of right of private defence (section 96-106 of Indian Penal Code). But the right given under these sections of Indian Penal Code is not absolute right and they can be exercised under the restriction given in section 99 and 104 of same Act.
Section 46 of criminal procedure code empowers the police officer to use reasonable force, even extending up to causing death, if found necessary to arrest the person accused of an offence punishable with death or imprisonment of life. Thus, it is evident that death caused in an encounter, if not justify, would amount to an offence of culpable homicide.
So causing death of any person without reasons can not be justified. India is a welfare state and our constitution provides right to life and personal liberty. It includes living with human dignity. It is the duty of state to ensure the fundamental rights for every person.
However the torture of police has been increasing very rapidly from the last decade. The police encounter, custodial death, custodial rape, and the atrocities of police are day to day news. To reduce these events the Janta Party Government set up Soli Sorabji Panel, but before submission of the report the government fell down and the report had not been enforced and the arbitrariness of police had been promoted in every state. Recently Times of India news paper published that largest number of custodial death was registered in UP.
On 22nd September, 2006 the Supreme Court of India in case of Prakash Singh vs Union of India in its historical decision ordered wide reformation in police organization. Due to its impact the police organization would be able to work without political influential and adequate reformation can be made in law and order. It would help in reducing atrocities. Faced with Supreme Court directives to implement the much delayed police reforms, union government has set in motion the process to bring a new police act, incorporating the suggestion of the Soli Sorabji Panel. The report has called for drastic changes in the 145 year old police act to introduce fixed two year tenure for police officers down the line from DGP to SHO, as well as separation of maintenance of law and order from crime investigation, duties.
Police law is continuing from the period of British which is based on police regulation Act, 1861. The object of police administration was to quash the Indian before independence and to maintain the English rule, but today the police administration is the part of India as a welfare state. So there is need to do basic change in Indian police system. The 'police' are the subject comes under state list of seventh schedule. Its provision is given in art. 245. So it is the subject of state and it is the responsibility of state to reform the police system. Following are the main points under police reformation:
o The main objects of these reformations are to establish the accountability and sensitivity of police towards people which should be conducted through rule of law.
o The second object of these reformations is to fix the tenure of police officers. Their tenure is fixed for two year.
o The selection procedure of DGP should be transparent and recommendation of their promotion should be made by Board of Public Services Commission (BPSC).
o The State Government has been ordered to establish a state security commission, so that the State Government may not pressurize the police. This commission will ensure that the police will work according to constitution and law of country.
o There shall be a Police Establishment Board in each state which shall decide all transfers, positions, promotions and other services related matters of officers of and below the rank of Dy. S.P. The State Government may interfere with the decision of the Board in exceptional cases, only after recording its reasons for doing so.
o There shall be Police Complaint Authority at district level to look into the complaints against police officer of and up to the rank of Dy.S.P. Similarly there should be another Police Complaints Authority at the state level to look into complaints against officers of the rank of S.P. and above. The district level authority may be headed by retired district judge and the state level authority is headed by retired judge of High Court.
o The National Government shall also set up a national level commission at the union level to prepare a panel for being placed before the appropriate appointing authority for selection and placement of chief of central police organization, who should be given a minimum tenure of two years.
As per the amendment made in criminal procedure code, section 176 makes the provision that if any dies or disappear or rape is alleged to have been committed on any women, when such person or women is in the custody of police or in any other custody authorized by magistrate or court under this code in addition to the inquiry or investigation held by police , any inquiry shall be held by Judicial Magistrate or Metropolitan Magistrate as the case may be within whose jurisdiction the offence has been committed. The Judicial Magistrate or Metropolitan Magistrate or Executive Magistrate or police officer holding an inquiry or investigation shall within 24 hours of death of such person, forward the body of deceased with a view to its being examined to the nearest civil surgeon or other qualified medical person appointed in this behalf by the state government unless it is not possible to so for reasons to be recorded in writing.
Apart from this, National Human Right Commission issued guide lines to all chief secretaries of state and administration of union territories in dealing with death occurring in encounters with police on 29/03/1997 and on 2/12/2003 a revised guidelines have been issued and it was emphasized that state must send information to the commission of all cases of death arising out of police encounters. Following are the revised guidelines:
When the police officer in charge o f a police station receives information about the death in an encounter between the police party and others, he shall enter that information in the appropriate register.§
Where the police officer belonging to the same police station are members of the encounter party, whose action resulted in death, it is desirable that such cases are made over for investigation to some other independent investigating agency, such as State CBCID.§
Whenever a specific complaint is made against the police alleging commission of a criminal act on their part, which makes out a cognizable case of culpable homicide, am FIR to this effect must be registered under appropriate sections of the IPC. Such case shall invariably be investigated by State CBCID.§
A magisterial inquiry must invariably be held in all cases of death which occur in the course of police action. The next of kin of the deceased must invariably be associated in such inquiry.§
Prompt prosecution and disciplinary action must be initiated against all delinquent officers found guilty in the magisterial enquiry/ police investigation.§
Question of granting compensation to the dependents of the deceased would depend upon the facts and circumstances of each case.§
No out of turn promotion or instant gallantry rewards shall be bestowed on the concerned officers soon after the occurrence. It must be ensured at all costs that such reward are given / recommended only when the gallantry of the concerned officers is established beyond doubt.§
A six monthly statement of all case of death in police action in the State shall be sent by the Director General of Police to the Commission so as to reach its office by the 15th of January and July respectively. The statement may be sent in the following format along with the postmortem reports and inquest reports wherever available and also the inquiry reports:§
1. Date and place of occurrence
2. Police station and district
3. Circumstances leading to deaths
i. Self defence in encounter.
ii. In the course of dispersal of unlawful assembly.
iii. In the course of effecting arrest.
4. Brief facts of the incident
5. Criminal case no
6. Finding of the magisterial inquiry by senior officers
a) disclosing in particular names and designation of police officials, if found responsible for the death; and
b) Whether use of force was justified and action taken was lawful.
Along with above guidelines the then CJI send their request to all the state and territories to adhere these guidelines in letter and spirit both.
National projects on torture in India: demands that
1) Ratified the UN convention against torture and its optional protocol
2) Enact legislation to prevent corporal punishment in schools.
3) Enact a domestic legislation that makes torture a punishable offence and provides for the protection and care of victims and witnesses.
4) Enforce strict implementation of the Preventation Of Atrocities Act, 1989
5) Establish District Human Right Courts under the protection of Human Right Act, 1993.
However irony is that the guidelines of Supreme Court and National Human Right Commission are not being followed and the cases of police torture are increasing very rapidly.
Now the time has come to reform the entire police system to prevent the police torture of innocent people. The constitution of India establishes the India as a welfare state, which can be achieved only after following the police reformation and implement the ruling of the apex court. The police should be people friendly. The efforts should be made at every level and the parliament should pass the law and new Police Act should be made by parliamentarians. This will be helpful in reducing the police torture and it will fulfill the real sense of policing.
Therefore most respectfully it is submitted that kindly make an arrangement to reform the police system as per the guidelines of Supreme Court and National Human Right Commission so that the objective of welfare state enshrined in our constitution may be fulfilled up to maximum extent.
Thank You
Dr. Lenin
http://pvchr.blogspot.com/2009/05/step-forward-against-torture.html
It's good that after 11 years of dithering the government has actually drafted the Prevention of Torture Bill, 2008. It's taken all this time since India signed the United Nations Convention against Torture and Cruel, Inhuman and Degrading Punishment. The draft bill prescribes a maximum punishment of 10 years to police and other government servants responsible for causing grievous hurt or danger to the life, limb or health of any person. The proposed legislation is quite wide in its scope, covering torture on the grounds of race, religion, place of birth, residence, language, caste and community. Public servants torturing anybody for extracting information or extra-judicial confession will be punishable under the proposed legislation. Inflicting mental torture would also become punishable.
The draft meets internationally recognised standards of human rights and civilised jurisprudence, but requires really independent panels committed to investigating complaints with a great deal of rigour, as custodial torture situations rarely have independent eyewitnesses. Moreover, state agents are smart enough to tamper with procedure and record through skilful means, for instance by wrongly entering the date, time and place of arrest.
Not only this, the Prevention of Torture Bill, 2008, which the Government has drafted also includes torture by Government servants, including police officials, within the ambit of punishable offences.
Under the proposed law, public servants and others responsible for causing grievous hurt or danger to life, limb or health of any person would be liable for being punished for torture. Incidentally, the draft legislation also makes inflicting mental torture a punishable offence.
Public servants torturing anybody for the purpose of extracting information or extra-judicial confession from any accused would also attract penal action under the proposed law.
Torturing anybody on the ground of his race, religion, place of birth, residence, language, caste and community would also be a punishable offence.
"We are hoping to give the necessary notice to the Lok Sabha Secretariat about our intention to introduce the Bill in the ongoing Session itself. After that, it would a matter of timing before the law becomes a reality," said a senior functionary associated with the entire process.
India signed the Convention in October 1997, but has not ratified the same despite repeated calls by human rights organisations and NGOs. Ratification is necessary for appropriate changes to be made in the prevailing laws. Once ratified and a new law is in place, it would enable institutions and authorities to be committed and be accountable to tackle instances of widespread torture, especially in police custody.
It would also make it mandatory for the Government of India to submit regular reports to the UN on measures it has taken to implement the convention. The convention also says that persons accused of torture would have to be extradited if an extradition treaty has been signed by member countries.
"We will also set up independent panels to deal with complaints of torture, both at the central level as well as the state level. All complaints in torture matters would automatically be forwarded to these panels," said the officer.
PVCHR in the collaboration of Danish organization RCT launched the initiative for psychological well-being of survivors of torture and organized violence. It is noted that we called the Government to accept the psychological torture as crime against humanity also.
Please the other related link also:
http://pvchr.blogspot.com/2009/05/lobbying-on-police-reform.html
--
Dr. Lenin
Ashoka Fellow
2007 Gwanju Human Rights Awardee
Convenor-PVCHR
Secretary-Association for Communal Harmony in Asia (ACHA)
Mobile:+91-9935599333
Please visit:
http://www.asiapeace.org/acha/board.htm
www.indiapakistanpeace.org
http://www.universalrights.net/heroes/display.php3?id=101
www.pvchr.org
www.youtube.com/pvchrindia
www.pvchr.blogspot.com
www.sapf.blogspot.com
www.antiwto.blogspot.com
www.rtfcup.blogspot.com
www.dalitwomen.blogspot.com
www.lenin-shruti.blogspot.com
My final words of advice to you are educate, agitate and organize; have faith in yourself. With justice on our side I do not see how we can loose our battle.. The battle to me is a matter of joy. The battle is in the fullest sense spiritual. There is nothing material or social in it. For ours is a battle not for wealth or for power. It is battle for freedom. It is the battle of reclamation of human personality….
Dr. B.R.Ambedkar
"If you are neutral in situations of injustice, you have chosen the side of the oppressor. If an elephant has its foot on the tail of a mouse and you say that you are neutral, the mouse will not appreciate your neutrality." (Desmond Tutu)
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