Human Rights Day And Need Of Police Reform In India
By Dr. Vivek Kumar Srivastava
10 December, 2015
Countercurrents.org
Today is Human Rights Day. The day when on 10th December 1948 the UN General Assembly in Paris by General Assembly resolution no. 217 proclaimed ‘The Universal Declaration of Human Rights’ which contained thirty articles, that all the people of the world have certain inalienable rights which none can take away and these are foundation of freedom, justice and peace in the world. On 16 December 1966 the International Covenant on Economic, Social and Cultural Rights was adopted by the UNO. In 1950, the Assembly passed resolution 423 (V) to adopt the 10th December as the Human Rights Day.
A great achievement by the human beings that all the people of this planet from Manhattan, New York to Timbktu, Mali will be equal in all respects. This was universal declaration for all, but it had no legal binding. The result is here all to see: In MENA (Middle East North Africa) Female Genital Mutilation (FGM) is in continuation. Saudi Arabia, abstained in voting to declaration in 1948 and leader of violator of human rights, where women, political dissidence are still coerced and suppressed, is head of a key UN Human Rights Council panel, a ludicrous joke to the Human rights issue. Even in US like so advanced societies the blacks are killed by the state forces and in UK custodial deaths take place. In China where people are suppressed for the free voices, all suggest that much has not changed across the world.
Situation in India is pathetic. There are several ways and instances of human rights violations. Even the ministers pass abusing comments against the marginalized and low caste people and police force is still not filled with the elements of the human rights values.
Policing is a social-community service, under control of the state governments. There are although questions of its accountability, transparency and democratic attitude. The police act of 1861 is still used. Home Ministry has evolved model code for conduct of the police but of no avail. A Good Samaritan Prakash Singh ex DGP, UP made several efforts and brought the case to Supreme Court.
SC under the leadership of Chief Justice of India Y.K. Sabharwal, a noble soul, on September 22, 2006 directed that State Security Commission should be established in order to contain the unnecessary political influence on police forces and to draft policies for police set-up with performance report to the state legislatures at regular interval; DGP appointment for two years with transparent, merit based appointment procedure; two year tenure for SP and SHO; establishment of Police Establishment Board for transfer, promotions, posting etc. for Dy SP level officers as well below the rank of Dy SP; establishment of National Security Commission for the appointment of heads of Central Police Organisation but the most important one was that state governments had to appoint Police Complaints Authorities at the State and district so that grievances of the common people were addressed and alleviated, and finally to separate law and order work of police with the investigation task of the police. This was an effort for the institutionalisation of the authorities for the appointment, transfer, promotions etc., a revolutionary step but state governments were not keen. Maharashtra, Andhra Pradesh, UP Gujarat, Jammu & Kashmir, Punjab, Karnataka, Tamil Nadu did not subscribe to the idea and went for review petition though dismissed in 2007.
The sad story is that Maharashtra raised the point that such directives were unconstitutional, if implemented will violate the constitutional provisions which state that executive power lies with Governor. This is technical point raised by Maharashtra in 2013 but the real point is that in the name of constitution, the state governments and their agency police violate human rights in regular fashion.
A critical study suggest that police in whole of the country exhibits two major features. First it is influenced by the government in power so that its functional autonomy is destroyed. Second police at every level violates the human rights of the people on several occasions. There are several instances where the power less poor people including vendors, marginalized, small traders, auto-tempo drivers, vegetable vendors are continuously under the pressure due to coercive treatment by the policemen. Even the people at the middle and top level are not spared. They may also have their own stories. There are instances of custodial deaths, rapes and deaths inside the police stations and the fake encounters. The truth is that In Maharashtra the custodial deaths were maximum in numbers."Number of custodial deaths in Maharashtra in 2007, 2008 and 2009 were 21, 25 and 23, respectively. The state government in its reply has put the figures for the three years at 20, 29 and 23 (a total of 72). It is noteworthy that many of the custodial deaths admitted to by Maharashtra are women. In the country there were 11,820 custodial deaths in five years. (TOI, Nov 24, 2013)
The complaints against police are observed in whole of the country. As a “ total of 51,120 complaints were reported in the country against police personnel during the year 2013 ( and) Maximum complaints against police personnel were received in Delhi which accounted for 24.3% (12,427 out of 51,120 complaints) followed by Madhya Pradesh accounted for 18.1% (9,297 complaints), Maharashtra 14.2% (7,280 complaints) and Uttar Pradesh 7.9% (4,086 complaints). Though highest been converted into FIR, these states are Jharkhand, Nagaland and Tripura.” (http://ncrb.gov.in/CD-CII2013/Chapters/16)
These statistics show that there is a great need to amend the archaic laws as of 1861, related to police. Almost no state seems willing to implement police reforms.” Since the 2006 SC order, 17 states have passed new Acts while 12 have issued executive orders. Almost none follow the SC order either in letter or in spirit. In fact, concerted efforts have been made by all to somehow circumvent the SC directions and retain political control over the police.” (The Indian Express, Nov 3, 2015)
In the villages and cities people have fear with the police. On the other hand there is a great need in the democratic setup that police should be friendly to the people and should follow the rule of law while policing. In India several of the administrative ills can be eliminated if two reforms are effected; the control of corruption in administration and reform of the police system, though this is possible only when the strong political will is expressed.
On the eve of human rights day several rhetoric will be made by the people at the helm of affairs but these are empty talks as long as poor people or women or any common person feel a fear for police or any human right is violated by the police; and India cannot call itself a real progressive nation state. Hence political leadership on this day must take a firm oath to implement the SC directives on the police reform. Then only this day will have any relevance for the country.
Dr. Vivek Kumar Srivastava is Assistant Professor, CSJM Kanpur University (affiliated College) and Vice Chairman CSSP, e [email protected]