Saturday, June 20, 2009

No to torture, establishment of rule of law LIFE & MORE NEWS

No to torture, establishment of rule of law LIFE & MORE NEWS

No to torture, establishment of rule of law

Dr.Lenin Raghuvanshi 19/6/2009 8:57:07 PM(IST)

Once the first Prime Minister of India Mr. Jawahar Lal Nehru said "Police is standing on quadrilateral from where it can protect and also violates human rights.” But it seems that his wordings is of no use in todays world as there is an enormous increase in police torture in past few decades.

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.

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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, 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.

What you can do?

1.Protest on 26th June, street play, discussions and to send the letter to the Prime Minister, press release in the leading newspaper and remit your activities to us.
2.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.
3.To object on the torture happening in proximity and inform it to National Human Rights Commission, Faridkot house, Copernicus Marg, New Delhi.
4.To write the letter to the editor against torture.
5.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.
6.To inform about the Honorable Supreme Court orders and guideline, laws and international declaration and convention.
7.To implement report of police commission and make pressure for the formation of investigation committee
8.To make pressure on the Government for providing resources to police department for doing establishment of rule of law.

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