Lobbying on Police reform

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

Response from UP Police on attack due to accountability among people

See the link:
http://pvchr.blogspot.com/2009/05/petition.html

It is the reaction of our first social audit of account of our organization.We demand to masses that they will put pressure on CSOs and NGOs for social audit of them,because they are using the public money.There is no right with out accountability.

---------- Forwarded message ----------
From: UP Police Computer Cetre Lucknow <uppcc-up@nic.in>
Date: Fri, May 8, 2009 at 10:17 AM
Subject: Fwd: Petition
To: digcomplaint-up@nic.in
Cc: PVCHR <pvchr.india@gmail.com>

Sir

The complaint recieved from PVCHR is being forwarded for your kind attention and necessary action. Kindly respond to the complainant and send a copy of response to us also.

Thankyou

SP/AD

UPPCC

---------- Forwarded message ----------
From: PVCHR <pvchr.india@gmail.com>
To: "uppcc@up.nic.in" <uppcc@up.nic.in>
Date: Thu, 07 May 2009 22:01:17 +0530
Subject: Petition

Sir,

Prashant attacked and beaten up to account officer Mr. Ajai in our office at nearly 5.50 PM of 7 May 2008.Our acoount officer highlighted the advance of him,D.P.Singh and Advocate Shiv Pratap Singh at social audit of our account before public at Varanasi.

 

Our life is under attack.

Please take the appropriate action.

Petition and protest from core group of PVCHR

---------- Forwarded message ----------
From: PVCHR <pvchr.india@gmail.com>
Date: Thu, May 7, 2009 at 10:01 PM
Subject: Petition
To: "uppcc@up.nic.in" <uppcc@up.nic.in>

Sir,

Prashant attacked and beaten up to account officer Mr. Ajai in our office at nearly 5.50 PM of 7 May 2008.Our acoount officer highlighted the advance of him,D.P.Singh and Advocate Shiv Pratap Singh at social audit of our account before public at Varanasi.

 

Our life is under attack.

Please take the appropriate action.

 

with regards,
PVCHR

Response from PVCHR Core group:
Shameful.Prashant attacked and beaten up to account officer Mr. Ajai in our office.Our acoount officer highlighted the advance of him,D.P.Singh and Advocate Shiv Pratap Singh at social audit of our account before public at Varanasi.It is the prize to us for accountability.
See the link:
http://www.pvchr.org/pvchr.htm#attacks

http://pvchr.blogspot.com/2008/09/invitation-for-social-audit-of-jan.html

Open letter to Prime Minister of India

Dear Dr. Man Mohan Singh ji,
Greetings from PVCHR.
Please look the follow self-seffering story(testimony) of Raju.He says,"These repeated incidents made me so restless, anxious and apprehensive. As a result, I can not go out freely for works and it adversely affects to my social and economic life. The torturous memory of the incidents mars my sleep and many a times I feel rejected. I filed application to police to take action against the culprits but police turned a deaf ear to my plea. Sometimes some political party also came out explicitly against our movement. Police and political party are tampered and conspired with the company. Their dalals are shadowing us everywhere. My life is no more safe. I like my testimony be read out before a large crowd and used it for ensuring justice to the victim. I like the testimony be instrumental to enhance our movement for Jan, Jamin and Jungles (water, land and forests)."

Please do needful intervention for people of Jharkhand.

With Kind regards,
Dr. Lenin
Varanasi
India

http://www.mynews.in/fullstory.aspx?storyid=18330


My life is no more safe

Dr.Lenin Raghuvanshi 5/5/2009 11:30:26 AM(IST)


I am Raju Lohra, age 35 years, a poor agricultural farmer belonging to Lohra tribe, a resident of Ramtoloya, Mauatoli, Gumla district Jharkhand. I have been bearing the brunt of violence being perpetuated by one multi national steel company (Laxmi Nrayan & Mittal) for the last four year. My fear is the ongoing land acquisition by the company, which will make us victims of internal displacement. The company have already surveyed over 12 villages within Kamdara block alone, for setting up steel factories and power plant and now, it is on the verge actual land acquisition process. My private land measuring 7 acres falls under the surveyed areas and I feel the very upcoming outcome. The company has resorted to many repressive means to subdue the ongoing movement voicing against the land acquisition process at the cost of lives of the poor tribal people. Dalals or the hired people of the company harassed those people involved in the movement for protection of Jal, Jamin, Jungles (water, land and jungles) belonged to the tribal peoples. I am also one of the victims of these Dalals of the company, who have been harassed and assaulted on three different occasions. The agony is that physical pain inflicted upon would go soon but psychological pain remains much longer time.



The first incident took place in August, 2005, I along with my wife were returning on a bicycle from a public meeting ( meeting against the land acquisition ) and about to enter at PAKUT bazaar for shopping. When we reached there, two unknown persons suddenly pulled me down from the running bicycle and assaulted me with punches. They threatened with dare consequences and warned me not to be involved further in the anti land acquisition movement and went off. I felt so humiliated and embarrassed since it was happened just before the eyes of his wife, and came back home with a heavy heart. The second incident occurred in September, 2005 at Pokla bazaar, from there I was abducted by the dalals of the Company. They took me away to a nearby place and beat me severely. They threatened me to stop anti company agitation or I would be finished off. The abductors fleet away seeing some villagers rushing to the spot. The third incident took place on 26th February, 2009, hardly a week ago, at Ararra village, in which a gang of dalals of the Company, suddenly attacked me with sticks on my chest. The attackers again asked me to immediately isolate myself from anti displacement movement. The attackers had to leave me as some people were approaching when hearing my cry for help.



These repeated incidents made me so restless, anxious and apprehensive. As a result, I can not go out freely for works and it adversely affects to my social and economic life. The torturous memory of the incidents mars my sleep and many a times I feel rejected. I filed application to police to take action against the culprits but police turned a deaf ear to my plea. Sometimes some political party also came out explicitly against our movement. Police and political party are tampered and conspired with the company. Their dalals are shadowing us everywhere. My life is no more safe. I like my testimony be read out before a large crowd and used it for ensuring justice to the victim. I like the testimony be instrumental to enhance our movement for Jan, Jamin and Jungles (water, land and forests).



Filed by Kesiam Pradip & Arun Topno during the

Testimony Workshop of RTC & PVCHR

Ranchi, the 5th March, 2009

Missing boy from Belwa, Varanasi in India

http://www.consumercomplaints.in/complaints/pvchr-c159284.html

PVCHR
Posted: 2009-03-26 by Manoj Kumar Pandey Send email


missing boy
Missing

Subhash Chandra Patel son of Kailash Nath Patel is the resident of village Belwa, Badepur (Kharka), under Phulpur police station in Varanasi district. He has been doing job in Agra for three years. On 21st march, 2009 he sit in Marudhar Express for Varanasi in general coach, but he could not reach to his house at fix time. He is missing till now.
If any body has any information about him, kindly inform :
At following mobile no. 9307304065, 9919683221, 9721273030, 9793455158
Or
Pepple’s Vigilance Committee on Human Right (PVCHR)
SA 4/2A, Daulatpur, Pandeypur, Varanasi
Mobile no. 9935599333, 99355330, 9450540023

Pattern of Human Right Violation through Torture and other form of organized violence

http://www.mynews.in/fullstory.aspx?storyid=18205

Dr.Lenin                                                                                                                                                     2/5/2009 10:52:59 AM(IST)


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.
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.

Testimony to improve psychosocial wellbeing and promote advocacy for survivors of torture and organised violence

Peoples’ Vigilance Committee on Human Rights (PVCHR), India, in collaboration with the Rehabilitation and Research Centre for Torture Victims (RCT), Denmark, is holding a two-day National Consultation at Vishwa Yuvak Kendra, New Delhi.
See link:

http://www.uk.rct.dk/sitecore/content/Root/Home/Link_menu/News/2009/NationalConsultation_Testimonies_India0409.aspx