Punjab State Human Rights
The Image Of
Commission
Punjab Police
In Society And Their Role In Human Right Violation
Acknowledgement
Apart from the our efforts, the success of any project depends largely on the encouragement and guidelines of many others. We take this opportunity to express our gratitude to the people who have been instrumental in the successful completion of this project.
We would like to show our greatest appreciation to Mr. Rohit Chatrath. We can’t say thank you enough for their tremendous support and help. We feel motivated and encouraged every time we attended his meeting. Without his encouragement and guidance this project would not have materialized.
The guidance and support received from all the members of PSHRC who contributed and who are contributing to this project, was vital for the success of the project. We are grateful for their constant support and help.
Acknowledgement
Apart from the our efforts, the success of any project depends largely on the encouragement and guidelines of many others. We take this opportunity to express our gratitude to the people who have been instrumental in the successful completion of this project.
We would like to show our greatest appreciation to Mr. Rohit Chatrath. We can’t say thank you enough for their tremendous support and help. We feel motivated and encouraged every time we attended his meeting. Without his encouragement and guidance this project would not have materialized.
The guidance and support received from all the members of PSHRC who contributed and who are contributing to this project, was vital for the success of the project. We are grateful for their constant support and help.
Declaration
We hereby declare that we have made the project on Image of Punjab police in the society with our efforts and all the research work is done by us and the questioners are duly attached with the project. PSHRC can take this data as sample to conclude about Punjab police and PSHRC has very right to publish our project or a part of it. And we assure that we will not publish this project anywhere else.
Signatures –
1) Arshdeep Singh-------2) Arpita Latta------------Latta------------3) Arushi Singh-----------4) Jaypreet Singh---------5) Simranjeet Singh-------
TABLE OF CONTENTS
Introduction
National Human Rights Commission
Toll free number
Registration of Offences
Station House Officer meeting to public
Code of Conduct for Police in India
Commonwealth Human Rights Initiative
Need of police reforms
Democratic policing
Police Reforms: India
Supreme court’s directive
Police act drafting committee
Reforms a Mirage…
Lesson for Police
Human Rights Watch and Police speak
Recommendations from people
Quotes from people of Punjab
Suggestions from our side
Identifying gaps in Police performance
Pie Charts
Victim of crime
Nature of crime
Level of security
Police Visibility and response
Reporting crime
Offering bribe
Introduction The presumption that everyone knows the law is a myth that causes needless suffering to millions of people in India - especially those who are unlettered. Ignorance of laws- and the rights guaranteed by them - facilitates blatant misuse of authority by law enforcers, whose job is to protect people’s rights. Merely putting in place, provisions for the protection of human rights without empowering people through human rights education about the means to ensure their compliance is meaningless. Rule of law to be meaningful must meet the end of legal awareness. While police officers must know the limits and nature of their authority, citizens too, must know their rights, even when they have to answer to the law. A proper balance of individual rights and public interest has to be achieved through the mechanism of the rule of law. This is the essence of human rights law and the avowed purpose of this compilation. The law laid down by the Supreme Court is the law of the land and binds everyone. The Supreme Court decisions included in this compilation relate to matters impinging on the basic human rights of individuals to life and liberty, which are sacrosanct. The NHRC guidelines are meant to inform citizens as well as the police about their rights and duties; to enable people to protect them with this knowledge; and to guide the police in the performance of their task by indicating that any transgression would be illegal. Respect for human rights lies at the heart of good governance. In a democratic society, it is the responsibility of the State to protect and promote human rights. All State institutions whether they are the police department, the army, the judiciary or civil administration have a duty to respect human rights, prevent human rights violations, and take active steps for the promotion of human rights. The role of the police is especially significant in this respect. The police are charged with the responsibility of maintaining order and enforcing laws. Therefore, the onus of bringing those who break the law - including laws which protect people’s human rights - before the criminal justice system lies on the police.
Unfortunately, many a time, while discharging this duty, actions of the police conflict with human rights. Police officers are pressured to get quick results, often with unofficial guarantees that they may use any means possible to accomplish the task at hand. However, the police as protectors of the law have both a legal duty and a moral obligation to uphold human rights standards and act strictly in accordance with the law and the spirit of our Constitution. The Supreme Court has over the years, explained and elaborated the scope ofFundamental Rights. They have strongly opposed intrusions upon them by agents of theState, by asserting that the rights and dignity of individuals must always be upheld. TheCourt has laid down certain directives for law enforcement. These directives deal withvarious aspects of police work at the station house or cutting edge level, such asregistration of a case; conduct of an investigation; carrying out of an arrest; treatment ofan arrested person; grant of bail; questioning of a suspect; and protection of the rights ofwomen, poor and the disadvantaged. They also have the force of law. „An
officer whowillfully or inadvertently ignores Supreme Court directives can be tried in courtunder relevant provisions of the Indian Penal Code and under the Contempt ofCourts Act, 1971.‟ The National Human Rights Commission [NHRC] too has issued guidelines for policeofficers. The Commission has been established under a special Act of Parliament toprotect and promote the human rights of all people living in India. The National Human Rights Commission addresses violations of human rights by recommending registration of criminal cases against the guilty; disciplinary action against errant officers; and payment of compensation to the victims. Because an overwhelming majority of complaints received by the National Human Rights Commission concern the police, the Commission has made it mandatory to report any case of custodial death or rape within 24 hours and to provide it with a videofilm of the post-mortem examination. The Commission has also issued guidelines to the police on encounter deaths; lie detector tests; arrest; and police-public relations.
„Guidelines
of the National Human Rights Commission are increasingly being subject to positive interpretation by the courts. This means that officers accused of violating human rights may be called upon to explain why these guidelines were not followed.‟
NATIONAL HUMAN RIGHTS COMMISSION [NHRC] GUIDELINES ON POLICE. PUBLIC RELATIONS December 22, 1999 National Human Rights Commission guidelines on police-public relations are ofparticular relevance to officers at the cutting edge level, i.e. those who are posted atpolice stations. These guidelines have been communicated to all chief secretaries andpolice chiefs. They are in an invaluable aid for police officers to perform their duties in amanner compatible with prevailing human rights standards.
Toll free telephone number for the public to convey crime information to the public Police services of all states should set up a toll free telephone number for the publicconvenience. In Kerala, this number is 1090. The National Human Rights Commissionhas recommended that for the purpose of uniformity, all states should have the samenumber i.e. 1090. They have advocated that:
The number should be dedicated to public use and installed in the Police ControlRoom/Police Station/ Sub-Divisional Office. The number should be toll free within the state, enabling people from remote partsor interiors of districts to access it. Callers should not be compelled to reveal their identity. They may be given acode number to identify themselves to know the result of the investigation.
Callers should be rewarded for their public-spirited service by issuingcommendation certificates if the information results in detection of crimes.
Registration of offences and information about progress in investigation Transparency in the investigation process must be maintained. The Commission hasstressed that complainants must have access to information about their cases. They havesaid that:
A First Information Report [FIR] should be registered promptly on receiving acomplaint about a cognizable offence. A copy of the FIR should be given to the complainant and an entry about thisshould be made in the First Case Diary. If the complaint does not make out a cognizable offence, the police should explain to the complainant, the reasons why the complaint cannot be registered. If investigation is not completed within three months of the FIR being registered; the complainant should be informed in writing giving specific reasons for thedelay. Proof of having informed the complainant [postal acknowledgement or writtenacknowledgement] about reasons for the delay in investigation should be kept onthe Case Diary file. If investigation is not completed within six months of registering the FIR, thecomplainant should be informed again in writing about the reasons for non-completionof investigation, and the acknowledgement should be kept on the Case Diary file. If the investigation is not completed within one year, a more detailed .intimation.[memo] should be prepared by the investigating officer giving reasons for thedelay to the complainant. The .intimationshould be
endorsed by a gazette officer who directly supervises the work of the investigating officer. The gazette officer should personally verify the reasons for delay given by the investigatingofficer. A record of the .intimationand its acknowledgement by the complainantshould be kept on the Case Diary file.
The complainant should be informed once the investigation is completed and a charge-sheet is filed before the court. A copy of the charge-sheet should be givento the complainant by the police. In case the complainant is not available for somereason, her/his family should be informed.
Meeting of Station House Officers with the Public In order to strengthen police-public relations, Station House Officers [SHO] musthold regular monthly meetings in areas falling under their jurisdiction. This will enablepeople to voice their grievances to the SHO. It will also give the police an opportunity toinform people about law and order issues and enlist their cooperation in maintaining peace and preventing crime. The Commission has advocated that senior officers shouldalso take part in these meetings along-with Station House Officers.
Code of Conduct for the Police in India 1. The police must bear faithful allegiance to the Constitution of India andrespect and uphold the rights of the citizens as guaranteed by it. 2. The police should not question the propriety or necessity of any law dulyenacted. They should enforce the law firmly and impartially, without fear orfavor, malice or vindictiveness. 3. The police should recognise and respect the limitations of their powers andfunctions. They should not usurp or even seem to usurp the functions of thejudiciary and sit in judgement on cases to avenge individuals and punish theguilty. 4. In securing the observance of law or in maintaining order, the police should asfar as practicable, use the methods of persuasion, advice and warning.
Whenthe application of force becomes inevitable, only the irreducible minimum offorce required in the circumstances should be used. 5. The prime duty of the police is to prevent crime and disorder and the policemust recognize that the test of their efficiency is the absence of both and notthe visible evidence of police action in dealing with them. 6. The police must recognize that they are members of the public, with the onlydifference that in the interest of the society and on its behalf they areemployed to give full time attention to duties which are normally incumbenton every citizen to perform. 7. The police should realize that the efficient performance of their duties will bedependent on the extent of ready cooperation that they receive from the public. This, in turn, will depend on their ability to secure public approval of theirconduct and actions and to earn and retain public respect and confidence. 8. The police should always keep the welfare of the people in mind and besympathetic and considerate towards them. They should always be ready tooffer individual service and friendship and render necessary assistance to allwithout regard to their wealth and / or social standing. 9. The police should always place duty before self, should maintain calm in theface of danger, scorn or ridicule and should be ready to sacrifice their lives inprotecting those of others. 10. The police should always be courteous and well-mannered; they should bedependable and impartial; they should possess dignity and courage; and shouldcultivate character and the trust of the people. 11. Integrity of the highest order is the fundamental basis of the prestige of thepolice. Recognizing this, the police must keep their private lives scrupulouslyclean, develop self-restraint and be truthful and honest in thought and deed, inboth personal and official life, so that the public may regard them asexemplary citizens. 12. The police should recognize that their full utility to the State is best ensuredonly by maintaining a high standard of discipline, faithful performance of
duties in accordance with law and implicit obedience to the lawful directionsof commanding ranks and absolute loyalty to the force and by keepingthemselves in the state of constant training and preparedness. 13. As members of a secular, democratic state, the police should strive continuallyto rise above personal prejudices and promote harmony and the spirit ofcommon brotherhood amongst all the people of India, transcending religious, linguistic or sectional diversities and to renounce practices derogatory to thedignity of women and disadvantaged sections of society.
Guidelines of Commonwealth Human RightsInitiative CHRI’s police reforms aim to realize increased demand for and achievement of police accountability and reform throughout the Commonwealth.
The police reforms target policy makers, police organizations, activists at the grassroots, civil society groups, the media and the general public to further its aims for reform and the implementation of democratic policing. It seeks to do this through a combination of advocacy, education, research and networking. CHRI published a report on police accountability in the Commonwealth for the 2005 Commonwealth Heads of Government Meeting. This report explores the issues around policing in the Commonwealth, sets out a democratic policing framework, considers the critical limbs of accountability that must be in place in a democratic police organization and puts forward a roadmap for reform.
What is police reform and why do we need it? In too many countries, governments are failing in their primary duty to provide the public with an honest, efficient, effective police service that ensures the rule of law and a environment of safety and security. Today, membership to the Commonwealth is premised on countries practicing democracy – and democratic governance requires democratic policing. The only legitimate policing is policing that helps create an environment free from fear and conducive to the realization of people’s human rights. The existing police systems in many Commonwealth states are a legacy of colonial rule that have been shaped by post-colonial histories. The consequences of poor policing include brutality and torture, extra-judicial
executions, a lack of due process, impunity, corruption, bias and discrimination and public fear, anger and resentment. The Commonwealth has some inspiring examples of governments and police organizations working towards reform. Some police organizations have undergone varying degrees of modernization and transformation. Impetus for reform has generally arisen out of public concern over rising crime or from incidents of police abuse or failure, accompanied by a willingness to learn and address changing contexts.
What is democratic policing? CHRI believes that democratic nations need democratic policing, which gives practical meaning to the Commonwealth's promise of democracy and good governance and is applicable to any context - rich or poor, large or small, diverse or homogenous. Critical to the success of democratic policing is the principle that the police should be held accountable: not just by government, but by a wider network of agencies and organizations, working on behalf of the interests of the people, within a human rights framework. Democratic policing is both a process and an outcome. The democratic values of the Commonwealth lay down a sound foundation for the development of democratic policing. A democratic police organization is one that is Accountable to the law and not a law unto itself:
is accountable to democratic government structures and the community is transparent in its activities gives top operational priority to protecting the safety and rights of individuals and private groups protects human rights provides society with professional services is representative of the community it serves
Police Reforms: India India's police are governed by archaic and colonial police laws harking back to 1861. Under the Indian Constitution, policing is a state power, which means that state governments have the responsibility to provide their communities with a police service (the national government has the responsibility for policing in union territories). Most state governments have a police law that adopts or reflects the basic ideas of the 1861 legislation. There has been almost 30 years of debate on policing and reform in India, with commission after commission submitting reports and recommendations to governments. Each report has gone unimplemented. At the end of 2006, there was a shift in the reform process, with a Supreme Court decision that required Indian governments to ensure police accountability and the release of a draft Model Police Act by a national Police Act Drafting Committee.
The Supreme Court directives In 1996, two former Director Generals of Police asked the Supreme Court to direct central and state governments to address the most glaring gaps and bad practice in the functioning of the police. On 22 September 2006, the Supreme Court of India delivered a historic judgment in Prakash Singh vs. Union of India , instructing central and state governments to comply with a set of seven directives that laid down practical
mechanisms to kick-start police reform. The Court's directives sought to achieve functional autonomy for the police (through security of tenure, streamlined appointment and transfer processes, and the creation of a "buffer body" between the police and the government) and enhanced police accountability (both for organizational performance and individual misconduct.) The Supreme Court required all governments, at centre and state levels, to comply with the seven directives by 31 December 2006 and to file affidavits of compliance by the 3rd of January 2007. State government responses varied tremendously, ranging from complying in time with the directives through executive orders, to expressing strong objections to the directives and asking the Court to conduct a review.
Police Act Drafting Committee In October 2005, the central government set up a Police Act Drafting Committee (PADC) - commonly known as the Soli Sorabjee Committee - and asked it to draft a new model bill to guide state government's adoption of new police laws. The PADC was required to take into account the changing roles, responsibilities and challenges of policing. The PADC submitted its Model Police Act to the Home Ministry on 30 October 2006.
Aim The aim of CHRI's India police program is to develop and disseminate police reform and accountability expertise, build civil society capacity to advocate for police reform and advise on police accountability, catalyze demand for police reform, particularly around the Supreme Court directives and the Model Police Act and to monitor government compliance with the Supreme Court directives.
Activities In 2006, CHRI facilitated a series of civil society consultation workshops across India, bringing the police reform debate to the community. Also in 2006, the programs on the government Police Act Drafting Committee, providing a critical
human rights and civil society voice as a model law was drafted for India. CHRI also intervened in the Supreme Court case Prakash Singh. CHRI continues to monitor compliance with the Supreme Court directives and to advocate for police accountability and reform around the Model Police Act and the directives.
REFORMS A MIRAGE? “Intelligentsias
speak!!!! ”
said that he did not think that reforms were something that politicians would pay lip service to and they would not remain a mirage forever, at least not this time around. He said that first the crux of the reforms needed to be implemented. "At least the Delhi state government and the other Union Territories should do this and set an example for all the other states. I think most states would follow the example, but if they don't then they would have a real risk for being hauled up for contempt." Sorabjee said that the police was not accountable to political masters and therefore there was no problem in freeing them from the clutches of politicians. He said that the police was accountable to the law and to the Constitution. "According to the reform recommendations, there will be an independent body established to which police departments will be accountable and this will not merely consist of executives. This will also have retired police and judicial officers," Sorabjee said. said that there were fundamental problems with the constabulary that needed to be solved. "We are ill-equipped, ill-trained and most of all, ill-led. Police officers are politically appointed and politically removed. We cannot have a base that is baseless and an insecure leadership. We need secure leadership for the 80 per cent base, which is the constabulary, the real intelligence collector," she stated. said that there were many, many parts to police reforms. "The reforms are not monolithic and if you try and ram down the most extreme part first, we might not get anywhere. We will have to move slowly and methodically here. I suggest we take this phase-wise. It is possible that to create a police force completely divorced from the political society may not be possible in the first place. After
all, there has to be accountability in other organs of India through the political class. That's the way the police has been functioning." He added that he was not saying that reforms were not required in the future, but that they be tried out in medium and smaller phases at first. "Try for the small change and then in a few months' or a few years' time, go in for the bigger change," he concluded.
Lesson for the Police
(a)Compensation for violation of human rights: It has been widely believed that violation of human rights by Police during the course of investigation is so rampant that more emphasis is required to be given to the protection of human rights as a result of which not a single iota of criminality can be exposed by the police. Violation of human rights committed by the police will be visited with consequences of entailing criminal prosecution and award of compensation by the High Court and Supreme Court in the exercise of their extra ordinary jurisdiction. In Rudul Shah Vs State of Bihar, AIR, 1983 SC 1806, the Supreme Court held that ‘Article 21 which guarantees the right to life and liberty will be denuded of its significant content if the powers of the court were limited to passing orders of release from illegal detention. One of the telling ways in which the violation of that right can reasonably be prevented and due compliance with the mandate of Article 21 secured, is to mulch its violators in the payment of monetary compensation. Administrative sclerosis leading to flagrant infringement of fundamental rights cannot be corrected by any other method open to judiciary to adopt. The right to compensation is some palliative for the illegal acts of the instrumentalities which act in the name of public interest and which present for their protection the power of the State as a shield. If civilization is not to perish in this country as it has perished in some others, too well known to mention suffer, it is necessary to educate ourselves into accepting that respect for the right of the individuals is true bastion of democracy. The State must repair the damage done by its officers to the rights of the petitioner’ .
(b)In Bhim Singh Vs State of J&K, AIR, 1986 SC 494;the Supreme
Court held that arrest of a member of Legislative Assembly while enroot to attend the Assembly session with mischievous and malicious intent will be compensated by awarding suitable monetary compensation in appropriate case. The court further held that police officer must show greatest respect for personal liberty of citizen.
(c)Illegal arrest by the police vis-à-vis right of private defense:Criminal Law of India permits a Policeman to arrest a person if he is involved in a cognizable case or there is any complaint or any reasonable suspicion of committing cognizable offence. Any illegal arrest will provide the arrestee an opportunity to exercise his right of private defense against the policeman who is making the illegal arrest. In State of UP Vs Niyamat and others, (1987) I Reports (SC) 678, the Supreme Court held that illegal arrest by police constable would justify right of private defense. Accused rescuing person arrested illegally by Police Constable firing gun shots which was followed by firing by the accused inflicting injury to the Police constable and their associates. The accused acted in his right of private defense.
(d)Rape Committed on Women by Railway Employee in a building to railway is violation of Article 21 and compensation can be granted under Article 226 notwithstanding that suit could be filed for damages in civil court : In Chairman, Railway Board Vs Mrs. Chandrima Das, AIR 200, SC 988, the Supreme Court held that ‘Rape committed on a woman by railway employee in a building belonging to railways – Petition for compensation by victim against Government- Maintainable not withstanding that the suit could be filed for damages in Civil Court. Where public functionaries are involved and the matter relates to violation of the Fundamental Rights or the enforcement of public duties, the remedy would still be available under the Public Law not withstanding that a suit could be filed for damages under Private Law’.
Citizen sacrificed life in apprehending criminal as directed by Police entitled to compensation. In Re. Khalid Razak Sheikh (deceased), 2001 Cr. LJ 2303 (Bom), the Bombay High Court held that it is the duty of the State to maintain law and order through Police force and when a member of the Police force directs a citizen to chase and
apprehend those who are suspected of committing offences, the State cannot be permitted to wriggle out of its responsibility to pay compensation in the event of death of such a citizen. A contrary approach would demoralize the citizen and would result in people shying from rushing to that assistance of the police in such situations and indeed would be distressing. As a matter of fact, the State should feel thankful that there are citizens like deceased who at the peril of their lives join a chase to apprehend those suspected of committing crimes. In the circumstances in which the deceased died, compensation is the legitimate right of his widow and not an act of charity on the part of the State. Thus, in view of the fact that the widow of deceased is living in a very expensive town, a compensation of Rs 3,00,000/- be paid to widow to meet the ends of justice. Further, the State Government is directed to give her suitable employment in the event of making an application for employment by her.
Human Rights Watch and Police speak …. Several police officers admitted to Human Rights Watch that they routinely committed abuses . One officer said that he had been ordered to commit an "encounter killing," as the practice of taking into custody and extra-judicially executing an individual is commonly known . "I am looking for my target," the officer said. "I will eliminate him. … I fear being put in jail, but if I don’t do it, I’ll lose my position."
Almost every police officer interviewed by Human Rights Watch was aware of the boundaries of the law, but many believed that unlawful methods, including illegal detention and torture, were necessary tactics of crime investigation and law enforcement. The Indian government has promised to pursue police reforms actively. Human Rights Watch said that a critical step is to ensure that police officers who commit human rights violations, regardless of rank, will face appropriate punishment.
"Police who commit or order torture and other abuses need to be treated as the criminals they are," said Adams. "There shouldn’t be one standard for police who violate the law and another for average citizens."
Human Rights Watch also said that while not excusing abuses, abysmal conditions for police officers contribute to violations. Low-ranking officers often work in difficult conditions. They are required to be on-call 24 hours a day, every day. Instead of shifts, many work long hours, sometimes living in tents or filthy barracks at the police station. Many are separated from their families for long stretches of time. They often lack necessary equipment, including vehicles, mobile phones, investigative tools and even paper on which to record complaints and make notes. Police officers told Human Rights Watch that they used "short-cuts" to cope with overwhelming workloads and insufficient resources. For instance, they described how they or others cut caseloads by refusing to register crime complaints. Many officers described facing unrealistic pressure from their superiors to solve cases quickly. Receiving little or no encouragement to collect forensic evidence and witness statements, tactics considered time-consuming, they instead held suspects illegally and coerced them to confess, frequently using torture and illtreatment. "Conditions and incentives for police officers need to change," Adams said. "Officers should not be put into a position where they think they have to turn to abuse to meet superiors’ demands, or obey orders to abuse. Instead they should be given the resources, training, equipment, and encouragement to act professionally and ethically." "Broken System" also documents the particular vulnerability to police abuse of traditionally marginalized groups in India. They include the poor, women, Dalits (so-called "untouchables"), and religious and sexual minorities. Police often fail to investigate crimes against them because of discrimination, the victims’ inability to pay bribes, or their lack of social status or political connections. Members of these groups are also more vulnerable to arbitrary arrest and torture, especially meted out by police as punishment for alleged crimes. Colonial-era police laws enable state and local politicians to interfere routinely in police operations, sometimes directing police officers to drop investigations against people with political connections, including known criminals, and to harass or file false charges against political opponents. These practices corrode public confidence.
"She was kept in the police station all night. In the morning, when we went to meet her, they said she had killed herself. They showed us her body, where she was hanging from a tree inside the police station. The branch was so low, it is impossible that she hanged herself from it. Her feet were clean, although there was wet mud all around and she would have walked through it to reach the tree. It is obvious that the police killed her and then pretended she had committed suicide."
— Brother-in-law of a victim, describing her death in police custodyin Ludhiana "We have no time to think, no time to sleep. I tell my men that a victim will only come to the police station because we can give him justice, so we should not beat him with a stick. But often the men are tired and irritable and mistakes take place."
—, a sub-inspector who heads a rural police station in Punjab state "They say, ‘investigate within 24 hours,’ but they never care about how I will do [that]; what are the resources. … There is use of force in sensational cases because we are not equipped with scientific methods. What remains with us? A sense of panic surrounds our mind that if we don’t come to a conclusion we will be suspended or faces punishment. We are bound to fulfill the case, we must cover the facts in any way."
— Sub inspector working in Gurdaspur, Punjab "Often, it is our superiors who ask us to do wrong things. It is hard for us to resist. I remember, one time, my officer had asked me to beat up someone. I said that the man would be refused bail and would rot in jail and that was enough punishment. But that made my officer angry."
— Constable in Punjab "With all the mental stress, the 24-hour law-and-order duty, the political pressure, a person may turn to violence. How much can a person take? … We have to keep watch on an accused person, their human rights, but what about us? Living like this 24 hours. We are not claiming that our power makes us born to work all the times. Sometimes we beat or detain illegally, because our working conditions, our facilities are bad. So we are contributing to creating criminals, militants."
— Inspector in charge of a police station in Phagwara, Punjab
RECOMMENDATIONS:
1. Require the police to read suspects their rights upon arrest or any detention, which will increase institutional acceptance of these safeguards; 2. Exclude from court any evidence police obtain by using torture or cruel, inhuman, or degrading treatment in suspect interrogations; 3. Bolster independent investigations into complaints of police abuse and misconduct through national and state human rights commissions and police complaints authorities; and 4. Improve training and equipment, including strengthening the crimeinvestigation curriculum at police academies, training low-ranking officers to assist in crime investigations, and providing basic forensic equipment to every police officer. 5. The eighth report of the NPC recommended that protection available to the police officers from prosecution under section 132 and 197 of the Code of Criminal Procedure which mandate prior sanction of the government in order to prosecute any public servant including police official for any act done in discharge of his official duty be withdrawn or that a proviso be added to the section to initiate automatic judicial enquiry in every refusal to prosecute. This recommendation must be implemented. Making the police more accountable would deter police officials from harassing citizens. 6. There should be an independent board composed of civil society members with no police officials on-board which should enquire into any allegations of complaints against police officials. This would ensure that every victim of human rights violation has a platform for redressal, making the police accountable. 7. The law in books must be put to practice and this can only be ensured by imparting human rights education. Principle and practice should not differ and therefore training in human rights laws should be made compulsory
for all police officials. This will sensitize and inculcate respect for human rights in them and also improve police-public relations. 8. If any violation of human rights has been committed by a subordinate officer and subsequently the superior officer, even after the incident came to his knowledge, does not institute disciplinary action against him then there should be a presumption about his complicity in executing the incident.
Recommendations of the people with respect to the working of Punjab Police The foremost thing which is said by the society is that the officials should be honest and sincere towards their work. They should not indulge in crimes like taking bribes. They should improve their dealing with the society, should improve their dealings with the society, should be quick, efficient and effective in response to the complaints made and should be polite to the complaint. Polite to the complaints, police should be considerate with the victim’s problems. People believe that the corrupt officials should be penalized for not taking proper action against the culprits. Police is too lethargic. The traffic regulations should also be made more rigorous. Public camps should be put up so that the communication gap between the police and public should also reduce. The police should concentrate on customer service as they are the keys of country. The police officials should not be bias and should not exploit poor people for money and in case of rape victims thepolice should not humiliate the victim. The need of the hour is that
1) The writing conditions of the police needs to be improved. 2) The selection of officials should be made more rigid. 3) Anti – corruption vigilant should given be given top priority. 4) A revised pay scale for lower officials is very much required. 5) Technology and better weapon system should be provided to the police.
6) Since the police officials are over-weight continuous fitness camps should be held for them. 7) Technology and better weapon system should be provided to the police. 8) Since the police officials are over-weight, continuous fitness camps should be held for them. 9) Should be well-educated. 10)
Proper security for women should be arranged for and eve-teasing
should be kept a check on. st
11)
Police should be pro- active to avoid problem at the 1 place.
12)
Higher officials should keep a proper check on their subordinates.
13)
Police should be free from political pressure.
“Quotes from people of Punjab”
“Police can never be changed they will always remain the same, whatever wrong you do can be rectified by money. They are all corrupt n they are all the same.”
“Punjab police should organise public camps in a scheduled manner throughout the year so that different communities could convey their problems to senior officials and in that manner polic e will become friendly to the public.”
“There should be rigorous regulations on traffic rules. The traffic rules come across so many people breaking traffic rules, especially in Ludhiana. The traffic police is rarely present anywhere. So the traffic poli ce must be more active in their duties.”
“Actually I am almost satisfied with the service of police in my hometown. If we talk about state police or country police then I, personally feel that all police group should
work together to reduce crime rate. Police should make people aware about the different happenings…. and should serve the people honestly.”
“ The selection procedure of IPS officers should be made more rigid so that the best are selected. Anti-corruption vigilant should be given top priority. Pay scales needs to be revised for the junior officials. Joint exercises with foreign police officials.Technology and better weapon system. Continuous fitness exercises. Better redressal of problem related to police, misuse of power should be controlled. ”
“ The Punjab Police need to be shaken out of their lethargy and lackadaisical attitude. The State Government needs to improve their working conditions and at the same time pressurize them to take their sincerely and seriously.”
“ Lady Police should be made to check eve teasing in civil dress. A special cell should be formed to track unknown callers especially to girls from the opposite sex. ”
Suggestions from our side:
Adopt a comprehensive human rights policy.
Incorporate human rights standards into standing orders for the police .
Provide human rights training to all police, at recruitment and periodically.
Cooperate with national and international human rights organizations.
Protect and respect the human rights of all persons, including rights essential to political processes. Maintain and preserve social order so that democraticpolitical processes can be conducted constitutionallyand legally. Ensure that policies and strategies of the policeagency are based on respect for democratic government. Devise means to discover the specific needs of thelocal community, and respond to those needs.
Ensure that the composition of the police agency isrepresentative of the entire community through fairand non-discriminatory recruitment and managementpolicies and practices. No one shall be subjected to arbitrary interference withhis or her privacy, family, home or correspondence. No one shall be subjected to unlawful attacks on his orher honor or reputation. No pressure, physical or mental, shall be exerted on suspects,witnesses or victims in attempting to obtaininformation.
Torture and other inhuman or degrading treatment isabsolutely prohibited.
Victims and witnesses are to be treated with compassionand consideration.
Confidentiality and care in the handling of sensitiveinformation are to be exercised at all times. Solicit technical cooperation, including, wherenecessary, from international technical policing programson current techniques and technologies forpolice investigations. Announce and enforce strict penalties for violationsof regulations regarding the legality of investigatorypractices. Participate in training to develop and maintain thenecessary interpersonal skills, and especially skillsof communication, to enable you to effect arrestsexpertly, discreetly and with due respect for humandignity. Where resistance is not evident, attempt calm, polite,disarming language when affecting an arrest, resortingto strong, authoritative tones only whennecessary. Study conflict-resolution techniques, through in-servicetraining or community education programs. Provide training in interpersonal skills, conflictresolutiontechniques, self-defense and the use ofrestraint mechanisms. When arrests can be planned in advance, ensure thata range of options is available, and that planning,preparation, briefing and tactics adopted are appropriateto the circumstances and conditions underwhich the arrest is to be made.
Enroll in training programs to sharpen your counseling,riot-control, first-aid, selfdefense, conflictresolutionand supervisory skills. Carry out regular, periodic checks of detainees, toensure safety and security.
Consult closely with medical personnel on all mattersof diet, restraint and discipline. Report immediately any suspicion of mistreatmentof detainees, physical or mental. Assign at least one officer with training inpsychological care and counseling, includingsuicide prevention, to be on duty at all times. Establish and announce an appropriate range ofpenalties for police violations, from suspension, paydocking and termination, to criminal prosecution forserious violations. All incidents of the use of force or firearms shall bereported to and reviewed by superior officials. Superior officials shall be held responsible for theactions of police under their command if the superiorofficial knew or should have known of abuses but failedto take concrete action.
Officials who refuse unlawful superior orders shall begiven immunity. Officials who commit abuses of these rules shall not beexcused on the grounds that they were following superiororders. Participate in stress-counseling activities. The police seek more power so that they can bring about a sense of accountability totheir work whereas the public believe that it is because of the unrestricted power thatthe police wield that they are unaccountable for their actions. Everyone wants to be a beneficiary of law but no one wants to be its victim. There isan inherent contradiction. To make civil society a reality there has to be controls; what needs to be determined is the degree and method through which it can beachieved. Coercive power needs to be tempered with a degree of accountability on thepart of the police.
In the absence of proper investigating techniques the easiest way to solve a crime is toextract confessions from the accused which leads to a culture of coercion andexercise of unauthorized power accounting for human rights excesses. Police derives its strength from the Constitution which is the reflection of theaspirations of common man. Effective policing will come about only if the police seetheir role as upholding the basic values of the Constitution .law enforcement doesn’ tany longer mean law and order but means upholding all the laws of the land. The process of advocating police reforms needs to become a demand from thecommunity. Even though the powers of the police are legal, its misuse isn.t. An in-built system ofaccountability has to be created.. Instead of looking at revising the Police Act of 1861 in isolation, small interventionsshould be made at every step of policing. It is imperative that whenever a debate on police reforms is initiated, participationshould involve not only the public and the police but also politicians. It is often theirinterference that hampers effective policing. The Kerala case study was cited. The ex-Chief Minister of the state, Mr. A.K. Anthony had given autonomy to the police freefrom the interference of the politicians. This initiative though noble in its conceptfailed because there was no legal mandate attached to it. People are fatigued because they are bombarded with instances of corruption andquestions being asked but with no solutions provided. The criminalization process in the police has become severe. There needs to be amechanism where in at the time of recruitment one can carry out a systematic processof psychological profiling of the recruits. Reforms should target not only the service as a whole but also individuals becauseafter all it is the individual who runs the system. A greater consciousness of individualperformance has to be sought thorough training and incentives. Generally it ’s the police who bear the brunt of media bashing whenever there is acrime committed. It is imperative for a reporter to go beyond the surface of what islargely believed to be true and try and portray a more accurate picture of the event. The police have always been treated in isolation when it comes to tracing humanrights violations. While reporting on human rights perspective of the victim as wellthe situation of the police should be taken into consideration, while
remembering thatdifficulty of policing is not an excuse for violence or illegality and poor serviceconditions are not akin to violations of human rights.
Firstly the officials should be technically trained and well equipped with new methodologies to track the criminal’s or the law breakers. And they should be given on the job training time to time At times Police officials don’t pen down the complaints of the complainant due to some of the reasons whether their personal interest or political pressure strict action should be taken against these officials even proper complaint cells should be made.
Fourthly fitness test should be conducted for the officers from time to time.
The number of officials should be increased in each and every unit.
Lastly the police officials should be more centralized.
Identifying the gaps in police performance
STEP TWO – ESTABLISH DESIRED PERFORMANCE
SKILLS GAP
STEP FOUR – CAPACITY-BUILDING SPECIFICATION
STEP THREE – IDENTIFY ACTUAL PERFORMANCE
1. SELF-ASSESSMENTS Self-assessments are relatively untried as a technique in ascertaining capacitybuildingneeds among police staff. They can be generated by using some form ofself-appraisal questionnaire, using a checklist method or in free text form. With thecorrect level of briefing on the use of the forms this can be an effective method ofgathering data from individual police officers, particularly middle to senior rankingofficers. Officers who are assessing themselves are more likely to respond withcommitment, knowing that it will bring personal development benefits.This method also makes it easier to obtain data from a wide range of sources in areasonable period and at relatively little expense. It is contingent upon officers havingsufficient knowledge of their present and future jobs to provide properly informedideas about their capacity-building needs. Many police organizations have humanresource information systems that include a facility for self-assessment againstspecific competency frameworks. A police reform program must include greateremphasis upon middle to senior officers taking responsibility for their owndevelopment and the use of self-assessments creates obvious advantages in this effort. It must, however, be properly orchestrated with the use of training anddevelopment guides and briefing sessions. In the initial stages officers may find itdifficult to link a performance need to a known or possible capacity-buildingintervention.
2. OBSERVATION Observing officers and support staff in the workplace is a direct and objective method of gathering data. It has the advantage of obtaining first-hand evidence about apolicing job and the manner of performance. It is capable of delivering relevant data on capacity needs at the very point where properly specified training anddevelopment can have the best impact. Observation can target data that relates toparticular elements of the job or the whole job. Different techniques can be applied inobserving, such as work studies, work measurement and simple observation. A workstudy observation will involve making recordings of work activities, averagecompletion times and performance standards in
respect of each task. Observation is a technique that seeks to measure staff behavior and can take placeeither before, during or after a capacity-building program. Observers must beproperly trained and aware of the need to reduce their influence in the observationprocess to a minimum, as well as expert in interpreting what they see and hear inaccordance with a defined schedule. The observation can be recorded using videorecording or audio recording equipment, although the presence of a camera mayhave a negative impact on the results.
3. SIMULATION EXERCISES Simulation exercises are an increasingly popular method of observing police officersin job tasks that might be inappropriately observed on the street: for example, making an arrest of a violent or dangerous person, conducting an armed siege andcontrolling a violent demonstration or riot. Role-plays are a form of simulation thatcan be used to assess a common and repetitive job task. They are particularlyappropriate in simulating those policing incidents that do not occur frequently andrequire a high performance standard, particularly among police supervisors andleaders. Whilst useful and effective, such simulations are expensive to operate interms of development, piloting, resources and equipment.
4. ASSESSMENT CENTRE Assessment centre represent the high end of performance gap analysis in a policeorganization, in terms of cost and sophistication. They represent the ultimatecombination of a number of techniques such as interviews, written tests, simulations,group exercises and individual exercises. Whilst the assessment centre originated asa selection and recruitment tool, it has evolved into a potent method of identifyingperformance needs. Through use of such a range of techniques the assessmentcentre can obtain a comprehensive picture of a staff member's extant and potentialcompetence to perform at a defined level. It thus provides a fully comprehensiveanalysis of performance measured against the defined standards in a job profile andthereby indicates precise gaps in performance and capacity needs.Assessment Centre require careful design to ensure that the various tests andsimulations accurately reflect the requirements of the relevant job. In addition, theydemand a team of skilled observers who – it is recommended - are external to thetarget group and not known to them. Of course, the results extracted fromassessment centre exercises need to becarefully analyzed. This and other aspectsof the assessment centre make it anexpensive
exercise in terms of the cost ofthe observer group and the considerablecost to the organization of abstracting theassessment group from the workplace forperiods of a day or more. In view of thecosts, the assessment centre is usuallyused for senior officer development, the identification of future police leaders andmanagers of specialist units, such as criminal investigations and surveillance teams. It has proved an effective tool in those police organizations with a policy of fasttrackingtalented officers into senior ranks.
4.GATHERING DATA ABOUT PERFORMANCE Data about police performance can be sourced either internally or externally. Themain area of interest in this book is the acquisition of data by capacitybuildingspecialists who operate within a police organization, i.e. internally sourced data. However, at the end of the chapter some externally sourced data that can be used toidentify gaps in performance will be briefly considered. As will be seen, internallysourced data has the advantage of being consciously linked to the skill areas definedin a job profile, whereas externally sourced data will tend to be phrased in moregeneral terms. Contingent on the quality of the source data, however, externalmaterial can be useful as a means of highlighting deficiencies in police performancethat the Commissioner can follow through with a more detailed internal study
5. INTERVIEWS The interview is the next most popular evaluation tool. Itcreates an advantage when the responses to questions need further elaboration interms of the causes of behavioral change and reactions to particular situations. Interviews can either be structured or unstructured. The former is similar to thequestionnaire and is best applied where time is limited. It requires a number ofinterviewers and will generally exclude any additional or probing questions. However,unstructured interviews provide scope for more probing and exploratory questions inthe search for more detail. The interview is the most popular tool employed by capacitybuilding specialists. Familiar and easy to use, the interview technique is perhaps too often used to theexclusion of other methods and often done without the requisite skills to make it fullyeffective. The range of use is broad: including, single interviewees or groups, structured or unstructured, and formal and informal
interviews. It can be conducted inperson, in private, in the workplace or via telephone.
Depiction Of Results Through Graphs We have conducted a survey in various cities of Punjab: Amritsar, Patiala , Mohali,Jalandhar,Ludhiana,Gurdaspur,Jandiala,Ropar,Phagwara,Nawanshar, Ferozpur,Tarn Taran, Zirakpur. With the help of questionnaire attached with the project. The results of the research are depicted through graphs .
1. Victim of crime.
7.27%
29.69% Yes No Can't Remember
63.03%
1. No of victims who have reported the crime to Punjab Police
6.06% 21.21%
Yes No Can't Remember
72.72%
Nature Of Crimes 2. Taking illicit drugs
14.64%
33.75% Yes No Not Sure
51.59%
3. Motor Vehicle and Vehicle component Theft
4.84%
27.27%
Yes No Not Sure 62.87%
4. House Break In
6.66%
47.87%
45.45%
5. Domestic Violence
Yes No Not Sure
6.06%
Yes No
40%
53.93%
Not Sure
6. Rape And Attempted Rape
17.37%
19.39%
Yes No Not Sure
63.03%
7. Mugging and Petty Thieves
10.30%
Yes
24.45%
No Not Sure 64.24%
8. Car Jacking
12.65%
41.56%
Yes No Not Sure
45.78%
Crimes That Prevail in Punjab Car Jacking Mugging and Petty Thieves Rape And Attempted Rape Domestic Violence House Break in Vehicle Theft Illicit Drugs 0
20
40
60
80
100
120
9. Source Of Awareness of crimes 1.53%
15.82% Victim
27.04% 9.18%
Witness Acquaintances Local Police Media
10.71%
Others 35.71%
10.
Satisfication with level of security in neighbourhood 3.40% 4.54%
20.45% Extremely Satisfied Dissatisfied Moderately satisfied 44.37%
Satisfied Very Satisfied
27.27%
11.
Botherance about occurrence of crime 3.63%
Extremely Worried 43.63%
38.78%
Not Worried Moderately Worried Don't Know
13.93%
12.
Police Visibility
12.72%
35.75% Yes No Not Sure
51.51%
13.
Satisfaction With Police Service 3.65% 6.09%
21.34%
Extremely satisfied Dissatisfied Moderately satisfied Satisfied
18.90%
50%
Very satisfied
14.
Active Reporting of crime to police
43.63%
Yes No
56.36%
15.
Time taken by police to arrive at crime scene 4.20%
4.20%
Less than 5 minutes 16.80%
40.33%
5-10 minutes 10-30 minutes 30 minutes
10.08%
Not Sure Not at all
24.36%
16.
Satisfaction with police response
17.61% 23.27%
Yes No Not sure
59.11%
17.
Reason behind satisfaction of police response
2.22%
8.88%
26.66% 13.33%
Concerned with the problem Act fast High integrity Willing to assist Friendly
17.77% 31.11%
Other Reasons
18.
Reason behind dissatisfaction of police response
4.87% 6.09% 25.60%
No concern with the problem Slow Low integrity
29.26%
No assistance Rude 24.39% 9.75%
Reporting Crime 19.
Willingness of reporting a crime
Other reasons
21.95%
Yes No
78.05%
20.
Reason behind willingness 1.89% 6.32% Apprehension of criminals Ensuring knowledge of crime to police
25.94% 49.36%
Ensuring better services Insurance claims Other reasons
16.45%
21.
Unwillingness behind not-reporting
21.21% 30.30% Not a serious crime No assistance Too much of botherance Other reason 30.30% 18.81%
Offering Bribe 22.
Offer to Bribe
40.24% Yes No 59.76%
23.
Reason to offer bribe
5.40% 5.40%
Attending court is troublesome Police request for it 34.23%
Amount of bond is high
54.95%
Other reasons
24.
Level of corruption in classes of police
11.58%
Higher Officials 25.60%
Lower Officials All of them
62.80%
25.
Satisfaction in different areas of police performance None of them Commercial Crime Car Jacking Violent crime Robbery Gang related crimes Drug related crime Customer service Crime Prevention Law and order 0
26.
10
20
30
40
50
60
70
80
Areas of crime on which police should concentrate
All Commercial Crime Violent crime Robbery Gang related crimes Customer Service Community Policing Crime Prevention Law and order 0
20
40
60
80
100
120
Recent Articles on atrocities by Punjab Police Maken criticizes Punjab government for ‘misuse of police’ September 22nd, 2009 - 8:00 pm ICT by IANS Delhi) - The Indian government must take concrete steps to hold accountable members of its security forces who killed, “disappeared,” and tortured thousands of Sikhs during its counterinsurgency campaign in the Punjab, Human Rights Watch and Ensaaf said in a new report released today. In order to end the institutional defects that foster impunity in Punjab and elsewhere in the country, the government should take new legal and practical steps, including the establishment of a commission of inquiry, a special prosecutor’s office, and an extensive reparations program. The 123-page report, "Protecting the Killers: A Policy of Impunity in Punjab, India," examines the challenges faced by victims and their relatives in pursuing legal avenues for accountability for the human rights abuses perpetrated during the government’s counterinsurgency campaign. The report describes the impunity enjoyed by officials re sponsible for violations and the near total failure of India’s judicial and state institutions, from the National Human Rights Commission to the Central Bureau of Investigation (CBI), to provide justice for victims’ families. Beginning in the 1980s, Sikh separatists in Punjab committed serious human rights abuses, including the massacre of civilians, attacks upon Hindu minorities in the state, and indiscriminate bomb attacks in crowded places. In i ts counterinsurgency operations in Punjab from 1984 to 1995, Indian security forces committed serious human rights abuses against tens of thousands of Sikhs. None of the key architects of this counterinsurgency strategy who bear substantial responsibility for these atrocities have been brought to justice. “Impunity in India has been rampant in Punjab, where security forces committed large-scale human rights violations without any accountability,” said Brad Adams, Asia director at Human Rights Watch. “No one disputes that the militants were guilty of numerous human rights abuses, but the government should have acted within the law instead of sanctioning the killing, ‘disappearance,’ and torture of individuals accused of supporting the militants.” A key case discussed in detail in the report is the Punjab “mass cremations case,” in which the security services are implicated in thousands of killings and secret cremations throughout Punjab to hide the evidence of wrongdoing. The case is currently before the National Human Rights Commission, a body specially empowered by the Supreme Court to address this case. However, the commission has narrowed its efforts to merely establishing the identity of the
individuals who were secretly cremated in three crematoria in just one district of Punjab. It has rejected cases from other districts and has ignored the intentional violations of human rights perpetrated by India’s security forces. For more than a decade, the commission has failed to independently investigate a single case and explicitly refuses to identify any responsible officials. “The National Human Rights Commission has inexplicably failed in its duties to investigate and establish exactly what happened in Punjab,” said Adams. “We still hold out hope that it will change course and bring justice to victims and their fami lies.”
The report discusses the case of Jaswant Singh Khalra, a leading human rights defender in Punjab who was abducted and then murdered in October 1995 by government officials after being held in illegal detention for almost two months. Despite credible eyewitness testimony that police chief KPS Gill was directly involved in interrogating Khalra in illegal detention just days prior to Khalra’s murder, the Central Bureau of Investigation has thus far refused to investigate or prosecute Gill. In September 2006, Khalra’s widow, ParamjitKaur, filed a petition in the Punjab & Haryana High Court calling on the CBI to take action against Gill. More than a year later, she is still waiting for a hearing on the merits. “Delivering justice in Punjab could set precedents throughout India for the redress of mass state crimes and superior responsibility,” said JaskaranKaur, co-director of Ensaaf. “Indians and the rest of the world are watching to see if the current Indian government can muster the political will to do the right thing. It if fails, then the only conclusion that can be reached is that the state’s institutions cannot or will not take on the security establishment. This has grave implications for Indian democracy.”
Victims and their families seeking justice face severe challenges, including prolonged trials, biased prosecutors, an unresponsive judiciary, police intimidation and harassment of witnesses, and the failure to charge senior government officials despite evidence of their role in the abuses. Tarlochan Singh described the hurdles he has faced in his now 18 -year struggle before Indian courts for justice for the killing of his son, Kulwinder Singh: "I used to receive threatening phone calls. The caller would say that they had killed thousands of boys and thrown them into canals, and they would also do that to Kulwinder Singh’s wife, kid, or me and my wife... "The trial has been proceeding ... with very little evidence being recorded at each hearing, and with two to three months between hearings. During this time, key witnesses have died." After Mohinder Singh’s son Jugraj Singh was killed in an alleged f aked armed encounter between security forces and separatists in January 1995, he pursued numerous avenues of justice. He brought his case before the Punjab & Haryana High Court and the CBI Special Court,
but no police officer was charged. A CBI investigation found that Jugraj Singh had been killed and cremated by the police. However, 11 years and a few inquiry reports later, the CBI court ended Mohinder Singh’s pursuit for accountability by dismissing his case in 2006. Mohinder Singh describes his interactions with the CBI: “On one occasion when *the officer+ from the CBI came to my house, he told me that I wasn’t going to get anything out of this. No t justice and not even compensation. He further said that: ‘I see you running around pursuing your case. But you shouldn’t get into a confrontation with the police. You have to live here and they can pick you up at any time.’ He was indirectly threatening me.”
Human Rights Watch and Ensaaf expressed concern that the Indian government continues to cite the counterinsurgency operations in Punjab as a model for preserving national integrity. “The government’s illegal and inhuman policies in the name of security have allowed a culture of impunity to prevail that has brutalized its police and security forces,” said Kaur.
The report suggests a comprehensive framework to address the institutionalized impunity that has prevented accountability in Punjab. The detail ed recommendations include establishing a commission of inquiry, a special prosecutor’s office, and an extensive reparations program. “The Indian government needs to send a clear message to its security services, courts, prosecutors, and civil servants that it neither tolerates nor condones gross human rights violations under any circumstances,” said Adams. “This requires a comprehensive and credible process of accountability that delivers truth, justice, and reparations to its victims, who demand nothing more than their rights guaranteed by India’s constitution and international law.”
PCA beating: complaint filed against Punjab Police RAGHAV OHRI Posted: May 14, 2008 at 0118 hrs. IST
Chandigarh, May 13 A complaint demanding stern action against Punjab police officers who allegedly mercilessly beat up a Chandigarh-based youth on Monday at the PCA stadium, Mohali, was filed today in the Punjab State Human Rights Commission (PSHRC).
The complainant, Mohinder Singh, has demanded an inquiry into the incident and action against the Senior Superintendent of Police (SSP), Mohali, and the police officers seen in the photographs beating the youth, Amitabh Bhalla. The petitioner also demanded adequate compensation for the victim. As an evidence, the petitioner has annexed a picture taken by a Newsline photographer clearly showing Punjab police officials thrashing the youth. “Since there is a gross violation of human rights involved in this case, the complainant is competent to file the present complaint for the protection of human rights before the commission,” said Advocate K P S Dhillon. Amitabh Bhalla (30) had slipped into a ditch at the PCA stadium here while cheering and watching the IPL match. “Rather than p roviding assistance to the youth, the police officials allegedly started beating him,” stated the complaint. Bhalla, who stays with his parents at a government accommodation in Sector 23, according to his neighbours, is fond of weight-training. His father is a gazetted officer and had reti red from the Punjab government about a year ago. His younger brother works in Jalandhar. Punjab police said that the police took action against Amitabh when he tried to forcibly enter the stadium ground. “The policemen were trying to stop him. he even assaulted SHO, Nayagaon, William Jeji and then a UT Constable Krishan Pal. Both were part of the additional force summoned on the spot by the Mohali police to manage the law and order situation in and around the stadium. When we tried to catch hold of him, he fell in the gutter and also pulled a policeman along with him. We did not assault him,” said one of the senior Punjab police officials.
Mohali police have booked Amitabh on charges of restricting a government servant from performing his official duty and assault. He was released on bail today.
Conclusion As for the police, by all means let us abuse them to our heart's content, but let us see what the poor wretches have to do. Being the coercive apparatus of the government, they have remained, for too long, sacrificial goats in the hands of myopic politicians. They are asked to bear responsibility without the power or the freedom to take effective action. It has suited vested interests to maintain the status quo despite persistent demands for police reforms. The imperative need is to take a fresh look at our national personnel policy and implement the two-decade old recommendations of the National Police Commission, especially the one for setting up a State Security Commission to oversee the police, and insulating it against political interference and partisan use, and making it accountable only to the Commission, the courts and the people. With the help of the research conducted by us, in this project we have highlighted the weaknesses of the police through the eyes of people who use these services i.e. general populace. By making the use of the samples taken we have tried to bring in recommendations which will help in enhancing the services of the police.
Even After all the flaws that we have come to know about The Punjab Police through the research carried out by us. We are grateful for the services they have rendered for the public populace that includes us too. And we hope that the flaws that we have highlighted through our research work will only help Punjab Police get better and better. We would like to salute them for their services and also like to forward a heartfelt thanks. Jai Hind.
Bibliography: We took the information used in the project from the following sources: Books Right, Communites and Disobedience Liberalism and Gandhi by Vinit Haksar 2. Reforming Human Rights by Dr. D.P.Khanna 1.
Websites 1. www.google.com 2.
www.ibnlive.com
3. www.sacw.net 4. www.thaiindian.com 5. www.hindu.com 6. www.accessmylibrary.com 7. www.nchro.org 8.
www.humanrightsinitiative.org
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www.hrw.org
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www.legalserviceindia.com
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www.expressindia.com
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www.humanrightsdefence.org
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