PVCHR activist and associates in 50 districts of 5 states celebrated anti torture day as many different and innovative way.
Please see the link:
http://pvchr.blogspot.com/2009/06/no-to-torture-establishment-of-rule-of_4790.html
http://www.scoop.co.nz/stories/WO0906/S00348.htm | | ||
No To Torture, Establishment Of Rule Of Law | ||
No To Torture, Establishment Of Rule Of Law
The first Prime Minister of India Mr. Jawahar Lal Nehru states "Police is standing on quadrilateral from where it can protect and also violates human rights"
It is apparent that police is the biggest agency for the establishment of rule of law and human rights. However police torture is prohibited under section 330 -331 of Indian Penal Code (IPC). Forceful approbation of crime by police under section 161 C.r.P.C. that is not evidence under section 26 of evidence act; if the statement is not given before the magistrate, then question arise why police is taking the hold of torture?
The main reasons of torture are feudal and colonial structure of police, scarcity of resources in the police department, political intervention and no investigation agency apart from police department which based on the scientific and impartial. Feudal society itself acknowledges the torture.
Definition of torture of United Nation Convention Against Torture Article (1): For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
(Please visit: http://www.hrweb.org/legal/cat.html)
If we gaze the history of police torture in India the Police Act 1861 was established and formation of British colonial police system for not repetition of 1857 revolt and bruise in way suppressive way. If we study the British police system that time British officers holds the post with the power and today the same power high official of Indian police is holding. The British police enforced them to torture Indian citizen and disciplinary action against Indian Police was on their desire. After the many decades of independence no amendment in the colonial Police Act 1861 that result now Indian police is following on the foot step of Britishers and bruising the democratic voice on the direction of anti-poor administration.
Amended section 176 (A) of C.r.P.C. have provision for the investigation in the each case of custodial death, however this section does not implicate in any case of entire U.P and mutually under section 97 of C.r.P.C. magistrate may issue search –warrant if any person is illegally taken in the custody. Honorable Supreme Court issues essential guideline for the detention in the case of D.K Basu Vs West Bengal, which is mandatory for police to follow. In the encounter killing, National Human Rights Commission (NHRC,www.nhrc.nic.in) directed for the FIR on the police also and the fair investigation by independent agency. NHRC also directed to send the videography of post mortem report in case of custodial death. There is a provision of interim relief as compensation under section 19 of Human Right Act. Article 21 of Indian Constitution gave rights to live with dignity, which is against the basic principle of torture.
If we look on the statistics, mostly poor, marginalized, dalits, minority and backward were being tortured. However big mafia and or anti –social element are not victimize of this, exceptionally one or two cases. Only common people are panic with the fear of police. Police jointly with the influenced criminal established the rule of lord through the corruption based discriminatory practices. So, no rule of law can be established without preventing police torture. Lets come together to enlighten the struggle to stop torture and establish rule of law.
Indian Government signed the 1997 UNCAT; still it has not been ratified. Send letter to the Prime Minister and President of India put pressure through organizing demonstration, protest, discussion, rally for the ratification of United National Convention against Torture (UNACT) ,1997.
To object on the torture happening in proximity and inform it to National Human Rights Commission, Faridkot house, Copernicus Marg, New Delhi.
To write the letter to the editor against torture.
To popularize about torture and its form, police torture reckoning the evidence related to facts and remitted through the newsletter to the commission, Government and PVCHR.
To inform about the Honorable Supreme Court orders and guideline, laws and international declaration and convention.
To implement report of police commission and make pressure for the formation of investigation committee
To make pressure on the Government for providing resources to police department for doing establishment of rule of law.
http://www.pvchr.blogspot.com/2009/05/pattern-of-human-right-violation.html
http://www.youtube.com/watch?v=rNiivWoO-v8&feature=channel_page
http://www.thepetitionsite.com/4/a-petition-against-torture-in-india
http://sapf.blogspot.com/2009/06/letter-to-janab-rahul-gandhi-ji.html
Sample letter for PM :
Respected Dr. Manmohan Singh
Prime Minister
Prime Minister office, New Delhi
Sir,
Peoples' Vigilance Committee on Human Rights (PVCHR) on the day of its establishment and International Day in support of torture victims heartiest greets for being elected second time prime Minister of biggest democratic country of world. All the citizen of India is expecting from your Government to stop the anarchy based torture and to establish the rule of law.
The first Prime Minister of India Mr. Jawahar Lal Nehru states "Police is standing on quadrilateral from where it can protect and also violates human rights" however today the negative aspects of police are unrestrained in the society Most of the direct and indirect torture done by the police are belongs to marginalized communities. After so many decades of independence there is no amendment in the colonial police act, 1861. Which result now Indian police is following on the same foot step of Britishers with same spirit of censorship for silence and bruising the democratic voice on the direction of anti-poor administration.
We, Indian urge for the immediate and firm action to protect the human rights by using your esteem position in policy making with the view as police is biggest agency for the protection of human rights where the highest human rights violation happened. It can be stopped with the implementation of given below points:
Signature:
Name:
Address:
Organization:
ENDS
Please check with your post office. It was sent by air mail on May 12 to your PVCHR address at SA 4/2 Daulatpura, Varanasi, UP 221002. Others in India as well as Pakistan have already received it.
Best wishes,
Pritam
Pritam K. Rohila, Ph.D.
Executive Director
Association for Communal Harmony in Asia (ACHA)
Dear Lenin:
You must have, by now, received the workbook I had mailed you on May 12. How do you plan on using it?
Best wishes,
Pritam
Pritam K. Rohila, Ph.D.
Executive Director
Association for Communal Harmony in Asia (ACHA)
----- Original Message -----
From: "PVCHR" <pvchr.india@gmail.com>
To: "ACHA-Pritam Rohila" <asiapeace@comcast.net>Sent: Sunday, May 10, 2009 9:54:02 PM GMT -08:00 Tijuana / Baja California
Subject: Re: Peace work with school children
PVCHRSA 4/2 A, Daulatpur, Varanasi-221002,UP,IndiaOn Mon, May 11, 2009 at 10:18 AM, ACHA-Pritam Rohila <asiapeace@comcast.net> wrote:
Thanks you,
Please send me your mailing address.
Best wishes,
Pritam
Pritam K. Rohila, Ph.D.
Executive Director
Association for Communal Harmony in Asia (ACHA)
----- Original Message -----
From: "PVCHR" <pvchr.india@gmail.com>
To: "ACHA-Pritam Rohila" <asiapeace@comcast.net>
Sent: Sunday, May 10, 2009 9:37:52 PM GMT -08:00 Tijuana / Baja California
Subject: Re: Peace work with school children
Dear Dr. Pritam ji,It is great.I will help in translation in Urdu and Hindi.Please send the manual.with warm regards,LeninOn Mon, May 11, 2009 at 7:51 AM, ACHA-Pritam Rohila <asiapeace@comcast.net> wrote:
May 10, 2009
Dear Lenin:
Would you be willing to help us getting the manual described below translated in Urdu and having it adapted it for our use with school children in India?
The manual is entitled, "Choices and Self-esteem: Learning to Respect Yourself, and it is written by Deri Joy Ronis, Ph.D. Dr. Ronis holds a Ph. D. in Conflict Resolution and Peace Studies, and is a certified mediator and licensed counselor. She has done some pioneering work in the field of conflict resolution and peace studies. She has kindly given her permission to translate and adapt it for our use in Pakistan and India.
The manual is in the form of a workbook. It includes activities, which are intended to help children to express themselves in non-abusive, non-violent ways. It encourages them feel all right to have opinions and ideas which are different from others, and that it is safe to agree to disagree. It offers a practical way to teach children to think independently, feel good about themselves and not to follow others blindly. It presents a subtle approach to teach nonviolence, conflict-resolution, and peace-building.
I will send a copy of the manual after I hear from you.
Best wishes,
Pritam
Pritam K. Rohila, Ph.D.
Executive Director
Association for Communal Harmony in Asia (ACHA)
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| नियम एवं शर्ते | मदद लीजिए | संपर्क करें | हमारे बारे में | हमारा प्रयास | रूपरेखा | विज्ञापन विकल्प |
| (कॉपीराइट) २00७ माईन्यूज इंटरएक्टिव सर्वाधिकार सुरक्षित |
| 기사 게재일 : 2009-05-13 00:00:00 | ||||
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| 광주MBC가 5·18민중항쟁 29주기를 맞아 광주인권상 수상자를 통해 아시아의 인권 문제를 짚어보는 다큐멘터리를 방송한다. 5·18 특별기획 HD다큐 '인권'(박병규 연출·조영임 구성). | ||||
http://news.sarangbang.com/news/view.html?Code=010403000&uid=328540 |
Dear Lenin,
Thank you for your congratulations and good wishes.
I see this performance as a victory for the policies, principles and ideals of the Congress party. The people of India have given a resounding mandate for national unity, a clean and purposeful government and India's continued march on the path of progress. It has been especially rewarding to see the youth and the disempowered support us in large numbers.
I look forward to your continued support in our task of delivering to the expectations of the people of India.
Yours sincerely,
Rahul Gandhi
From: PVCHR [mailto:pvchr.india@gmail.com]
Sent: Saturday, May 16, 2009 6:10 PM
To: office@rahulgandhi.in
Cc: Kanishka Singh
Subject: letter to Janab Rahul Gandhi ji
Dear Mr. Rahul Gandhi ji,
Congratulation on behalf of People of UP for grand success in election and establishing the new trend for secular democratic pro-people politics for rule of law.
I am optimistic for the police reform and enactment of anti-torture bill as well as ratification of UN Convention against torture by Government of India led by UPA.
Thanks and waiting for positive action,
With kind regards,
Lenin
http://pvchr.blogspot.com/2009/05/step-forward-against-torture.html
Dr. Lenin and Ms. Shruti from PVCHR met with Mr. Rahul Gandhi, Member of Parliament and Natioanal General Secretary,Congress(I) at 10 Janpath,New Delhi on 18 February 2009 and gave follow letter enclosing with the Manual on testimony therapy by PVCHR and Danish organization RCT(www.rct.dk) and the article in relation to reform in Police System.Congress Party mentioned the agenda of police reform in its election manifesto and it was also send to the various political parties
To
Shri Rahul Gandhi Ji
MP and General Secretary (Congress)
New Delhi
Subject: in relation to reform in Police System
Sir,
We would feel highly obliged to you if you kindly allow me to draw your attention on the necessity of police reform so that the objective of welfare state of India may be fulfilled up to maximum extent. The police does not have right to take the life of any person. If by his act, the policeman kills a person, he commits an offence of culpable homicide or culpable homicide amounting to murder unless such killing is not an offence under the law. Under the criminal law prevailing in India, nothing is an offence which is done in exercise of right of private defence (section 96-106 of Indian Penal Code). But the right given under these sections of Indian Penal Code is not absolute right and they can be exercised under the restriction given in section 99 and 104 of same Act.
Section 46 of criminal procedure code empowers the police officer to use reasonable force, even extending up to causing death, if found necessary to arrest the person accused of an offence punishable with death or imprisonment of life. Thus, it is evident that death caused in an encounter, if not justify, would amount to an offence of culpable homicide.
So causing death of any person without reasons can not be justified. India is a welfare state and our constitution provides right to life and personal liberty. It includes living with human dignity. It is the duty of state to ensure the fundamental rights for every person.
However the torture of police has been increasing very rapidly from the last decade. The police encounter, custodial death, custodial rape, and the atrocities of police are day to day news. To reduce these events the Janta Party Government set up Soli Sorabji Panel, but before submission of the report the government fell down and the report had not been enforced and the arbitrariness of police had been promoted in every state. Recently Times of India news paper published that largest number of custodial death was registered in UP.
On 22nd September, 2006 the Supreme Court of India in case of Prakash Singh vs Union of India in its historical decision ordered wide reformation in police organization. Due to its impact the police organization would be able to work without political influential and adequate reformation can be made in law and order. It would help in reducing atrocities. Faced with Supreme Court directives to implement the much delayed police reforms, union government has set in motion the process to bring a new police act, incorporating the suggestion of the Soli Sorabji Panel. The report has called for drastic changes in the 145 year old police act to introduce fixed two year tenure for police officers down the line from DGP to SHO, as well as separation of maintenance of law and order from crime investigation, duties.
Police law is continuing from the period of British which is based on police regulation Act, 1861. The object of police administration was to quash the Indian before independence and to maintain the English rule, but today the police administration is the part of India as a welfare state. So there is need to do basic change in Indian police system. The 'police' are the subject comes under state list of seventh schedule. Its provision is given in art. 245. So it is the subject of state and it is the responsibility of state to reform the police system. Following are the main points under police reformation:
o The main objects of these reformations are to establish the accountability and sensitivity of police towards people which should be conducted through rule of law.
o The second object of these reformations is to fix the tenure of police officers. Their tenure is fixed for two year.
o The selection procedure of DGP should be transparent and recommendation of their promotion should be made by Board of Public Services Commission (BPSC).
o The State Government has been ordered to establish a state security commission, so that the State Government may not pressurize the police. This commission will ensure that the police will work according to constitution and law of country.
o There shall be a Police Establishment Board in each state which shall decide all transfers, positions, promotions and other services related matters of officers of and below the rank of Dy. S.P. The State Government may interfere with the decision of the Board in exceptional cases, only after recording its reasons for doing so.
o There shall be Police Complaint Authority at district level to look into the complaints against police officer of and up to the rank of Dy.S.P. Similarly there should be another Police Complaints Authority at the state level to look into complaints against officers of the rank of S.P. and above. The district level authority may be headed by retired district judge and the state level authority is headed by retired judge of High Court.
o The National Government shall also set up a national level commission at the union level to prepare a panel for being placed before the appropriate appointing authority for selection and placement of chief of central police organization, who should be given a minimum tenure of two years.
As per the amendment made in criminal procedure code, section 176 makes the provision that if any dies or disappear or rape is alleged to have been committed on any women, when such person or women is in the custody of police or in any other custody authorized by magistrate or court under this code in addition to the inquiry or investigation held by police , any inquiry shall be held by Judicial Magistrate or Metropolitan Magistrate as the case may be within whose jurisdiction the offence has been committed. The Judicial Magistrate or Metropolitan Magistrate or Executive Magistrate or police officer holding an inquiry or investigation shall within 24 hours of death of such person, forward the body of deceased with a view to its being examined to the nearest civil surgeon or other qualified medical person appointed in this behalf by the state government unless it is not possible to so for reasons to be recorded in writing.
Apart from this, National Human Right Commission issued guide lines to all chief secretaries of state and administration of union territories in dealing with death occurring in encounters with police on 29/03/1997 and on 2/12/2003 a revised guidelines have been issued and it was emphasized that state must send information to the commission of all cases of death arising out of police encounters. Following are the revised guidelines:
When the police officer in charge o f a police station receives information about the death in an encounter between the police party and others, he shall enter that information in the appropriate register.§
Where the police officer belonging to the same police station are members of the encounter party, whose action resulted in death, it is desirable that such cases are made over for investigation to some other independent investigating agency, such as State CBCID.§
Whenever a specific complaint is made against the police alleging commission of a criminal act on their part, which makes out a cognizable case of culpable homicide, am FIR to this effect must be registered under appropriate sections of the IPC. Such case shall invariably be investigated by State CBCID.§
A magisterial inquiry must invariably be held in all cases of death which occur in the course of police action. The next of kin of the deceased must invariably be associated in such inquiry.§
Prompt prosecution and disciplinary action must be initiated against all delinquent officers found guilty in the magisterial enquiry/ police investigation.§
Question of granting compensation to the dependents of the deceased would depend upon the facts and circumstances of each case.§
No out of turn promotion or instant gallantry rewards shall be bestowed on the concerned officers soon after the occurrence. It must be ensured at all costs that such reward are given / recommended only when the gallantry of the concerned officers is established beyond doubt.§
A six monthly statement of all case of death in police action in the State shall be sent by the Director General of Police to the Commission so as to reach its office by the 15th of January and July respectively. The statement may be sent in the following format along with the postmortem reports and inquest reports wherever available and also the inquiry reports:§
1. Date and place of occurrence
2. Police station and district
3. Circumstances leading to deaths
i. Self defence in encounter.
ii. In the course of dispersal of unlawful assembly.
iii. In the course of effecting arrest.
4. Brief facts of the incident
5. Criminal case no
6. Finding of the magisterial inquiry by senior officers
a) disclosing in particular names and designation of police officials, if found responsible for the death; and
b) Whether use of force was justified and action taken was lawful.
Along with above guidelines the then CJI send their request to all the state and territories to adhere these guidelines in letter and spirit both.
National projects on torture in India: demands that
1) Ratified the UN convention against torture and its optional protocol
2) Enact legislation to prevent corporal punishment in schools.
3) Enact a domestic legislation that makes torture a punishable offence and provides for the protection and care of victims and witnesses.
4) Enforce strict implementation of the Preventation Of Atrocities Act, 1989
5) Establish District Human Right Courts under the protection of Human Right Act, 1993.
However irony is that the guidelines of Supreme Court and National Human Right Commission are not being followed and the cases of police torture are increasing very rapidly.
Now the time has come to reform the entire police system to prevent the police torture of innocent people. The constitution of India establishes the India as a welfare state, which can be achieved only after following the police reformation and implement the ruling of the apex court. The police should be people friendly. The efforts should be made at every level and the parliament should pass the law and new Police Act should be made by parliamentarians. This will be helpful in reducing the police torture and it will fulfill the real sense of policing.
Therefore most respectfully it is submitted that kindly make an arrangement to reform the police system as per the guidelines of Supreme Court and National Human Right Commission so that the objective of welfare state enshrined in our constitution may be fulfilled up to maximum extent.
Thank You
Dr. Lenin
http://pvchr.blogspot.com/2009/05/step-forward-against-torture.html
It's good that after 11 years of dithering the government has actually drafted the Prevention of Torture Bill, 2008. It's taken all this time since India signed the United Nations Convention against Torture and Cruel, Inhuman and Degrading Punishment. The draft bill prescribes a maximum punishment of 10 years to police and other government servants responsible for causing grievous hurt or danger to the life, limb or health of any person. The proposed legislation is quite wide in its scope, covering torture on the grounds of race, religion, place of birth, residence, language, caste and community. Public servants torturing anybody for extracting information or extra-judicial confession will be punishable under the proposed legislation. Inflicting mental torture would also become punishable.
The draft meets internationally recognised standards of human rights and civilised jurisprudence, but requires really independent panels committed to investigating complaints with a great deal of rigour, as custodial torture situations rarely have independent eyewitnesses. Moreover, state agents are smart enough to tamper with procedure and record through skilful means, for instance by wrongly entering the date, time and place of arrest.
Not only this, the Prevention of Torture Bill, 2008, which the Government has drafted also includes torture by Government servants, including police officials, within the ambit of punishable offences.
Under the proposed law, public servants and others responsible for causing grievous hurt or danger to life, limb or health of any person would be liable for being punished for torture. Incidentally, the draft legislation also makes inflicting mental torture a punishable offence.
Public servants torturing anybody for the purpose of extracting information or extra-judicial confession from any accused would also attract penal action under the proposed law.
Torturing anybody on the ground of his race, religion, place of birth, residence, language, caste and community would also be a punishable offence.
"We are hoping to give the necessary notice to the Lok Sabha Secretariat about our intention to introduce the Bill in the ongoing Session itself. After that, it would a matter of timing before the law becomes a reality," said a senior functionary associated with the entire process.
India signed the Convention in October 1997, but has not ratified the same despite repeated calls by human rights organisations and NGOs. Ratification is necessary for appropriate changes to be made in the prevailing laws. Once ratified and a new law is in place, it would enable institutions and authorities to be committed and be accountable to tackle instances of widespread torture, especially in police custody.
It would also make it mandatory for the Government of India to submit regular reports to the UN on measures it has taken to implement the convention. The convention also says that persons accused of torture would have to be extradited if an extradition treaty has been signed by member countries.
"We will also set up independent panels to deal with complaints of torture, both at the central level as well as the state level. All complaints in torture matters would automatically be forwarded to these panels," said the officer.
PVCHR in the collaboration of Danish organization RCT launched the initiative for psychological well-being of survivors of torture and organized violence. It is noted that we called the Government to accept the psychological torture as crime against humanity also.
Please the other related link also:
http://pvchr.blogspot.com/2009/05/lobbying-on-police-reform.html
--
Dr. Lenin
Ashoka Fellow
2007 Gwanju Human Rights Awardee
Convenor-PVCHR
Secretary-Association for Communal Harmony in Asia (ACHA)
Mobile:+91-9935599333
Please visit:
http://www.asiapeace.org/acha/board.htm
www.indiapakistanpeace.org
http://www.universalrights.net/heroes/display.php3?id=101
www.pvchr.org
www.youtube.com/pvchrindia
www.pvchr.blogspot.com
www.sapf.blogspot.com
www.antiwto.blogspot.com
www.rtfcup.blogspot.com
www.dalitwomen.blogspot.com
www.lenin-shruti.blogspot.com
My final words of advice to you are educate, agitate and organize; have faith in yourself. With justice on our side I do not see how we can loose our battle.. The battle to me is a matter of joy. The battle is in the fullest sense spiritual. There is nothing material or social in it. For ours is a battle not for wealth or for power. It is battle for freedom. It is the battle of reclamation of human personality….
Dr. B.R.Ambedkar
"If you are neutral in situations of injustice, you have chosen the side of the oppressor. If an elephant has its foot on the tail of a mouse and you say that you are neutral, the mouse will not appreciate your neutrality." (Desmond Tutu)
