Anti-torture bill is much needed, even though most laws are ineffective in India

From news of 9th April:

http://timesofindia.indiatimes.com/india/Cabinet-clears-anti-torture-bill/articleshow/5776064.cms

Though enacting the law is a step towards ratification of the UN convention against other cruel, inhuman punishment and degrading treatment, and has been pending for some time now, the timing of the bill gave rise to a question or two at the Cabinet meeting.

The argument was clinched as the PM pointed to the need for a law that underscored India's respect for human rights even as the government had promised to bring to book those guilty of killing 76 security personnel in a ruthless ambush on Tuesday. Singh has been particular that a detailed law be enacted to define torture, both physical and mental, that would attract penal action.

The proposed law has been hanging fire as over the past year, it was first suggested by home ministry that some changes in IPC would suffice. It was then argued that changes in the Evidence Act would also be needed. As it was felt that no less than three-four laws would have to be altered, the PM went along with a new law being framed.

The prevention of torture law is intended to align Indian law with the UN convention and India is now only one of a handful of signatory nations not to do so. The ratification of the convention will enable provisions in the convention to be part of Indian law. Though some of these exist in Indian law, they do not define "torture" as closely as the convention does.

The last para gives the probably most important reason that this law is being pushed.  India does not want to be seen living in a ‘brutal’ image when all other countries have well-defined laws against torture and police brutality.  Recent beating and torture of a foreign journalist has not helped either the ‘clean image’ India wants to project to international community.

Delhi police picks the wrong guy, its time for payback!

Sometimes it seems that it is necessary that some foreigner has to be beaten, murdered, raped in India to enable the police, and administrative system in India to wake up and hopefully do some reforms.  The logic of reform follows because although many Indians will make do with a bad government and injustice, when the matter gets international attention, the government wants to act so as to keep faith with international community about India’s democracy, principles, etc etc. 

Following story of a US journalist having been beaten by Delhi police made news a while ago, and now it has been published in Outlook India giving story and pictures of the torture.

An Encounter With Delhi Police

This is what Delhi police has to say:

Joel Elliott, an award-winning American freelance journalist, working as a staff writer at Caravan magazine in Delhi since May this year, has  charged "six to seven hours of beating and torture" by Delhi Police, for intervening while the cops were thrashing another man. Delhi Police, on its part, insists that Elliot was drunk, trying to steal a taxi, and had beaten up a couple of police men and an elderly driver.

This is what happened according to the journalist and going by the details it seems quite plausible to be the true story, and Delhi police’s version being their concocted version:

I came around the comer of a building and walked literally into the middle of an altercation between at least four Delhi Police Officers, in uniform, beating a person beside the street. As I had not been paying attention, one police officer's baton struck me, perhaps by accident, while he was beating the other person on the ground. Startled. I shouted. When I realized what was happening to the person on the ground, I shouted again. The police officer closest to me turned and advanced, shouting something in a language I did not understand. I shouted back, saying they couldn't just beat people in the street. In the middle of the exchange, the officer swung his baton and struck me in the left upper arm area and began to raise his baton to strike again. I struck him in the jaw, and as he reeled back, turned and fled, turning off of the way to my home, as the officers were in the way. They gave chase, but I had somewhat of head start, and it was quite dark, so I was able to evade their line of vision for a time. It took me a few moments to find my way back to a road that I recognized. The problem was that they could easily catch me in their mobile command post. I began searching for a hiding place, and the most obvious places were in the row of cars parked along the left hand side of the road. I slowed to a fast walk, trying door handles to see if one were unlocked. I was hoping I could hide inside one of the cars until the polite passed, since I was afraid they found me. Door after door I tried, to no avail. The last Car I tried was an Ambassador cab -- I had been particularly hopeful about this car, because it had darkened windows. However, I had apparently chosen a car near Bhogal Marker that was parked next to a guard, or a driver, because someone came out of the shadows shouting. I tried to explain I wanted a hiding place, not to steal a car (after all my home was only five or six blocks away - why would I need a taxi?) But the man was shouting in a language I did not understand, and apparently did not understand me, either. His shouts alerted the police, who were already in pursuit, as was mentioned before, and they arrived quickly and surrounded me. Advancing quickly, they began beating me with their batons. In self-defense, I swung at, and connected, with a few of them, but I quickly went down beneath a rain of blows on my head, back, arms, thighs, shins, buttocks and ankles. The beating continued for some time after I had fallen.

……

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I request a thorough inquiry into the six to seven hours of beating and torture I endured at the hands, feet and batons of Delhi Police. I request that the police officers responsible be removed from their positions

Further, I seek $500,000 US dollars in compensation for pain and suffering and mental anguish the Delhi Police inflicted upon me.

Enough Indians need to follow the same approach if they hope to change the system instead of complaining about it.

Police custody deaths are on rise

Custody deaths on rise

For eight years since 2000, a 54.02 per cent increase has been recorded in prison deaths, while deaths in police custody have gone up by 19.88 per cent, says a report released by the Asian Centre for Human Rights.

The report, Torture in India 2010, comes at a time when the government is pushing for an anti-torture law. Last week, the cabinet approved the prevention of torture Bill, 13 years after the country signed an international treaty against torture.

The numbers of deaths in judicial custody (jail) between 2000 and 2008 were 10,721, while 1,345 people died in police custody, says the report, based on figures released by the National Human Rights Commission and government departments.

…

…

He demanded scraping of the law requiring sanction to prosecute police and other government officials and implementation of the Law Commission’s report on “custodial crimes” that calls for shifting the burden of proof on the police in custodial death cases.

And that is the crux of the problem of police brutality and high-handedness!  A common citizen can be prosecuted based on complaint by someone, but when it comes to those in positions of trust and power over people, a sanction for prosecution is required.  Indeed the system in India is designed to fool the international community (and many Indians) into thinking that we have a great system of constitution, legal principles, and judiciary; when in reality the ‘system’ is no more than some kind of functioning anarchy.

If you are innocent - Beware of Police!

It is the fact of how government runs in India, that most of government machinery (because humanity seems to be absent), has no disincentive on making mistakes or gross negligence. Doctors can be sued if they leave a scissor inside patient's stomach, but it seems police can just get away with any kind of 'mistake' they commit. Read below:

http://timesofindia.indiatimes.com/city/patna/What-IPC-Cops-set-to-arrest-kids-for-killing-bhabhi/articleshow/5389977.cms

SASARAM: Can Class I and LKG kids torture and assault a woman to death? Or, to be more liberal, can children of this age collude with their grown-up kin to execute a killing in their household? Indian Penal Code (IPC)'s Section 82 says: "Nothing is an offence which is done by a child under seven years of age." But either Kaimur police have not read the rule book or they care a damn about it.

In yet another instance of sham police investigations making ridiculous conclusions in criminal cases, Chaniya Khatun, 6, and her sister Soni Khatun, 5, along with six other family members have been held guilty by police of having killed an 18-year-old woman.

With Kaimur superintendent of police P K Srivastava agreeing to the Bhabhua DSP Sanjay Kumar's supervision note and ordering the arrest of the accused, the eight, including the two girls, are likely to be arrested "any moment now". "I have already procured a warrant of arrest against the eight accused," said R K Singh, station house officer of Sonhan police station.

It was the Sonhan PS which lodged an FIR in the case on September 2 this year after the court of Bhabhua chief judicial magistrate (CJM) forwarded a complaint case to it for investigation. In his complaint, filed in the CJM's court on August 18, one Shah Mohammad of Khair village alleged that his 18-year-old daughter Akhtari Begum, who was married to one Md Tajuddin of Pawandi village in Rohtas district, was killed by her husband and in-laws on July 26 for dowry. As it happens in such cases, all the in-laws were named as accused.

On September 24, Bhabhua DSP Kumar along with the investigating officer visited Pawandi and supervised the case. He also interrogated the minor sisters and arrested the girl's father-in-law. His supervision note concluded that the accusation appeared to be true as those named accused had tortured and assaulted Akhtari to death for dowry. Akhtari was the wife of the brother of Chaniya and Soni, who study in a primary school.

Srivastava just okayed the DSP's findings and ordered the arrest of the accused. In case they elude police, their property will be attached, he further ordered.

Ironically, Srivastava on Monday evening told TOI: "Aisi galtiya hote rahti hai (Such mistakes keep happening)" if the children are named accused and witnesses also corroborate the accusation. When told about IPC and asked about police wisdom, he said: "We will do something about it now."

A senior lawyer and member of the Bihar Bar Council described the police action as illegal. "Nor only does it border on incredulity, but it also reveals an insensitive face of the state police," said Akhauri Mangala Charan Srivastav.

No this is not a one-off case of its kind. Earlier this month, this newspaper reported how an SP found the accusation true against all the members of a family in a case of kidnapping that never took place. So, all of them, including an octogenarian, were jailed for months.

In another case, an alleged murderer fooled police into arresting two innocent persons for the crime he had committed.

Taking cognizance of the two cases of "violation of rights of innocent persons by police" the State Human Rights Commission has sought a reply from director-general of police Anand Shankar.

How police saves own head

Read story here:
Our dad is not a murderer

And now the family says the police is pressurising them to withdraw the case because it has become an embarrassment. The District Collector, too, asks them to clear out.

"He said it was illegal to sit here," said Roop Singh, the children's grandfather.

So it looks like the way to get justice in India is to cause embarassment to authorities. But be prepared to be treated like offenders yourselves for asking for justice.

The family said Alka was gangraped three years ago and the accused were never arrested. Broken by the injustice the couple drank poison. Alka died, but Sunil somehow survived and ironically, was later held for planning her murder.

India is a country of ineffective laws and then more laws to cover for previously ineffective laws. It is a clear case that the state and specifically police has led to abement of suicide of this couple one of who actually died. But they are probably trying to hide behind more laws because even attempt to suicide is a crime in India.

You can't live with justice. You are not allowed to die either. Vive la India.