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:email@example.com
Sample letter for PM :
Respected Dr. Manmohan Singh
Prime Minister office, New Delhi
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,
26 June, Anti Torture