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.

……

……

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.

Indian illegal bail industry could be 4300 – 8600 Cr

NCRB Crime Data for 2008 are published. They have not put the link in the main page (it still shows 2007).

However, this is the direct link for 2008 data.
http://ncrb.nic.in/cii2008/home.htm

All the Tables are in the following file.

http://ncrb.nic.in/cii2008/Statistics2008.pdf

Page 363:
=========
Number of Males and Females arrested in IPC Crimes
==================================================
27,13,971 male 1,68,315 female

Number of Males and Females arrested in SLL Crimes
==================================================
40,96,743 male 1,59,245 female
Total Number of Males and Females arrested in Both Crimes
==================================================

6810714 male 327560 female
Grand Total of all People Arrested: 71,38,274

Now out of these arrests around 60% are unnecessary or unjustified, according to police commission report.

If an arrest is made, the arrested person has to arrange bail to get out of judicial custody.  So if 60% of these arrests are unnecessary or unjustified, the number of such arrests comes to be 42,82,964, i.e. around 43 lakh unjustified arrests.  Assuming a conservative amount of Rs 10,000 – 20,000 needed to pay a lawyer, bribes etc to secure a bail, the total amount ranges from 4,282 Cr to 8565 Cr which lubricates, or better word is flood, this illegal bail industry.

No wonder there is such hue and cry from lawyer groups against all proposed CrPC amendments aimed at stopping unjustified arrests by police, so much so that they have been successful at stopping the notification of Sec 41 in official gazette.

New CrPC amendments tabled for police arrest procedures

Newly suggested CrPC amendments seem to be doing some things right but also muddling up things in the sense that there is too much reliance being placed that efficiency of police and public justice will be served by forever tinkering with rules and procedures.  On face of it, the rules seem to be good but in absence of copy of the proposed amendments, we are not too sure of the real matter based on news below. 

Also there is lurking suspicion that law ministry and other stakeholders are forever trying to tinker with procedures and rules to placate public and powerful lawyer community.  Actually it is powerful lawyer community which seems to be the main stakeholder who no one wants to alienate, going by the whole drama so far ever since CrPC 2008 amendments were proposed!  Many of Lok Sabha MPs are lawyers and Home Minister P Chidambaram himself is a lawyer.

http://beta.thehindu.com/news/national/article245953.ece

Home Minister P. Chidambaram on Monday introduced in the Lok Sabha the Criminal Procedure Code (Amendment) Bill, 2010, that seeks to restrain the police from arresting a person for criminal offences for which the maximum sentence is seven-year imprisonment and mandates the police officer to record in writing the reasons for not making the arrest.

In 2008, the government introduced amendments to Section 41 Cr.PC which says: “No person concerned in a non-cognisable offence or against whom a complaint has been made or credible information received or reasonable suspicion exists of his having been so concerned shall be arrested except under a warrant or order of a magistrate.”

However, arrest can be made without a warrant, after recording the reasons in writing if the police officer is satisfied that it is necessary for proper probe, or to prevent the person from committing any further offence or making any inducement, threat or promise to anyone acquainted with the facts of the case.

Soon after the amendment, lawyers were up in arms and urged the government not to notify the amended law.

The new amendment incorporates a clause in Section 41 which says: “A police officer shall, in all cases where the arrest of a person is not required, record the reasons in writing for not making the arrest.”

Further, as per Section 41 A, the police, instead of arresting the accused, will be obliged to issue him/her a “notice of appearance” for any offence punishable with imprisonment up to seven years. The person can be arrested only if he/she does not appear before the police in response to the notice.

This provision is now amended to the effect that “where such person fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to orders as may have been passed by a competent court, arrest him for the offence mentioned in the notice.”

Statement of objects

According to the Statement of objects and reasons, in the light of objections from certain quarters to certain provisions of the Cr.PC amendment Act 2008, the Act could not be brought into force. The Law Commission discussed the issue with all concerned, including the Chairperson(s) of the Bar Councils and the Bar Council of India. After consultations, it recommended a further amendment of Section 41 to make it compulsory for the police to record the reasons for making as well not making an arrest for a cognisable offence for which the maximum punishment is seven years. The Commission also suggested that unwillingness of a person who has not been arrested to identify himself and to whom a notice has been issued could be a ground for arrest. The Bill seeks to achieve these objectives.

Now love police more – they are coming to a place near you

Here is a recent directive in Karnataka police which aims to bring better and more conviction in dowry death related cases.  I cannot comment on the whole bureaucratic structure of police, CID etc as given in this news, but on reading this news it is clear that it is quite bureaucratic.  That apart, I did not find anything unusual except the last part of news which made me write this blog post.

Local police to handle dowry cases

MANGALORE/BANGALORE: Now onwards the relatives of dowry death victims or the complainants need not go to Bangalore all the way for justice.

Victims or complainants from Mangalore, Bijapur, Hubli or any other city or village, who had to go to Bangalore for getting the accused convicted, can now heave a sigh of relief.

The state government has planned to transfer the investigation powers from Criminal Investigation Department - CID (earlier Corps of Detectives - CoD) to the local police to speed up the investigation and prosecution, so that conviction rate in dowry death cases goes up.

The government has cancelled the power of investigation of CID in dowry death cases and asked the local police (deputy superintendents of police) to investigate these cases, with effect from January 1.

Earlier, except police commissionerates like Bangalore, Mysore and Hubli, all other districts used to transfer the dowry death cases to CID for further investigation.

Now, the district police will investigate such cases on their own.

Dowry harassment cases and dowry death cases have their own sensitivity.

Earlier, the local police were investigating these cases. But due to the negligent attitude of the SI-level officers and inadequate power that DySPs had, the government had handed over the power of investigation to the CoD (now CID) almost a decade ago.

“Now the situation has changed.

There are about 224 DySPs in the state and if dowry death cases are investigated by them, it will help the victim’s family to get relief early,” said DV Guruprasad, Director General of Police (CID).

“In September, 2009 the CID had requested the government to transfer the dowry death investigation powers to the local police. Hence, the government has decided to get such cases investigated locally. If the government refers any emergency or sensitive case, the CID will investigate it,” he said.

“The government’s decision will help solve dowry death cases fast. It will help the victim’s family and complainants, particularly from remote villages. It will also help raise the conviction rate,” A Subrahmanyeshwara Rao, Superintendent of Police told Express.

“The dowry death cases were registered at local police stations in the initial stage and simultaneously it was transferred to CID also. While registering a case, information about the accused were collected in detail," said an IPS officer.

"The dowry death cases took a minimum of 15 days to be transferred to the CID in Bangalore from the remote villages. This caused lapses in the investigation as well as procuring evidences," the officer said.

At least 25 per cent of the investigation made by the local police was a mere waste during the process of transferring the cases, he said.

The victim’s relatives, witnesses and others were then made to go to Bangalore many times for interrogation and for giving statements. In some cases, the complainants themselves preferred to turn hostile, the officer said.

Witnesses turning hostile was also a common thing. Police conducting investigation locally will always help the complainants and also the investigators,” the officer added.

It is the last part of news which is really the tragicomedy.  if witnesses are made to travel long distances to Bangalore, wouldn’t they prefer to turn hostile and save themselves the hassle?   If government has been given the right to collect taxes as per constitution, then it is also government’s duty to provide safety to citizens too.  If that means that detectives and police has to go to witnesses’ place for investigation, so be it.  How else it is supposed to be?

Home Ministry swings magic wand, and henceforth police will register FIRs!

If good intentions could lead to good governance, we could already be living in Utopia or Ram Rajya or some such la la land of abundant peace and prosperity for all.

Recent directive by Ministry of Home Affairs to convert all police complaints into FIR is a knee-jerk reaction (yes reaction) to the recent news of an ex-DGP's indictment in a molestation case. However reprehensible that case is, the idea that conversion of all police complaints into FIR will lead to justice in society is a fantastical idea at best.

Firstly, don't the citizens have the right to know that if so far all police complaints were not being converted into FIRs, then what was the rationale behind that? Does it mean we were living in law of the jungle so far? If yes, then was Home ministry sleeping till this one incident came to light? If no, then what is the rationale now? Given the fact that most people are scared of going to police and would resort to that as a last option, what great benefit will accrue to citizens knowing that their complaint will be converted into FIR.

Is there a study conducted on how many people are able to get FIR copy easily, without paying bribe or through influence etc ? What will change regarding that now?

Read the news in deccan herald here:
http://www.deccanherald.com/content/43900/discipline-them.html

Discipline them

“Govt should first ensure discipline of the police.”


The Union Home Ministry’s proposed directive to state governments that police stations be advised to treat all complaints they receive as first information reports (FIRs) is fraught with danger. The step is, without sounding cynical, all bark and no bite. Yes, S P S Rathore, the lecherous former Haryana director-general police, whose creepy behaviour caused Ruchika Girhotra to end her own life, exemplifies the abuse of authority. And yes, it has come to dismay a nation already weary of the canoodling and peccadilloes of a governor. Indian society has become a cesspool of tolerance.

As Indians, our collective memory is woefully short. It was not too far back in the past that one of India’s best known cops, K P S Gill, a former Punjab police chief, was let off lightly by the law after being proved he had slapped a lady IAS officer’s backside and ‘outraged’ the lady’s ‘modesty’. This country treats its VIPs, whether criminals in khaki or khadi, very well. There is no denying that there can be value, and even justice, in ensuring that bad and wayward behaviour, that is protected and even condoned, is exposed. But directing police stations to treat all complaints as FIRs is not the answer. A few years back, the Justice Malimath Committee on reforming the criminal justice system had pointed out that police stations routinely refuse to lodge even credible complaints.

While there are men in power who use their positions to shield themselves from the law, there are also innumerable number of cases in which alleged victims of spousal, sexual, workplace and other kinds of harassment have cynically, wilfully and deviously used specific provisions of the Indian Penal Code to their advantage. There are citizens who will attest to the vicious and malicious use of the IPC’s Section 498A that deals with dowry-related cases of cruelty. Also, fake police complaints are routinely used to settle scores, often by city-bred people. It is society’s under-privileged and dis-empowered whose valid and well-founded complaints are ignored and not taken cognisance of by police stations across the country. The Indian police and legal non-systems reflect a dangerous dysfunction. The Centre need not offer platitudes to state the obvious — that police stations must treat all complaints as FIRs. It must, along with the state governments, ensure that the police is disciplined — if need be by awarding exemplary punishments to individual offenders.