CUSTODIAL TORTURE
Being a member of Human Rights organizations, when I go
through the statistics of crime and complaints I get to see 75 % complaints
that Human Right organizations receive is against the Police officers, which
say that there is a complete violation of Human Rights.
The common person has to take several walks to the police
station just for few documents, or even the same common man has to wait for the
time to register the complaints, I am not blaming entire police force but yes,
some are there doing so. The reason common man is losing faith in the most
trusted government officers. The complaints are not registered on time; the
action is not taken on time. While analyzing I came across that 5% of the
complaints are real and need to be immediately transformed into FIR.
Several Human Rights are violated, but from them, one is
custodial torture. A few days back we movement witnessed a massive record where
the black man was killed by the police officer. India has a big way to go in
this field according to NCRB (National Crime Report Beareau ) between 2001 –
2008 there have been 1727 reported custodial deaths.
National Human Rights Commission has reported around 2000
human rights violation complaints against the police officers. Police brutality
and atrocities are mainly towards poor people.
Torture is not only physical but also mental given to the
people mostly as a punishment, to force them to confess their crime
Custodial Tortures torture to a person alleged to the crime
under the custody of law enforcement officers. It is an open violation of Human
rights as per the Supreme Court.
Custodial Torture is a punishable offence under existing
laws, but the implementation of new & existing laws needs to be applied in the
right manner. Enactment of law is not that important what is important is the implementation
of the law. India does not have any specific law on torture.
Indian Constitution has given certain fundamental rights to
every person under Article 21
Right to life is one of them, which is also a right of Arrested
person too which cannot be taken away.
The followings steps should be taken by the officers for the
rights of the custodial person:
·
Strict implementation of existing laws and
guidelines: certain existing laws have been amended like arrangement of CCTV
in the prisons, a surprise visit by non-visitors in the prison.
·
Role
of media and people’s mindset: whenever we see a person beaten up by the
police authority, our perspective towards it is like the person must have done
something wrong. This mindset needs to be changed, whereas media at very first
level portraits the accused as the criminal before the verdict of the court,
this needs to be changed.
·
Pressure by the Public Senior Official: an
unwarranted pressure is being created by the police officers working at lower
posts by senior officers use the way to torture to confess the truth.
·
The political game in Police Administration
and government: Not all the police
officers look for custodial torture some are good at work but after this, they
are transferred due to political games.
·
Reform in the Police Administration:
there is a big need to reform the police officers with the seminars and
training programs.
The police officers should use
some different techniques while dealing with the custodial person, police doing
encounters make them
think they are doing right but it is wrong, police are not
there to serve justice, the judiciary is thereto do the same (Hyderabad Rape
case).
India recently faced an outrage of
custodial torture & death of father and son by a police officer at
Sathankulam police station in thootukudi in Tamil Nadu district, the only
charges were that they kept the shop open beyond the permitted time, a very
pity offence. What can this be called a misuse of power by
the police officer
whereas the magistrate is also under scan as the accused should have been
granted bail as it was a minor issue.
They too are Humans and deserve to be treated as the one.
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