Monday, December 27, 2004

SEMINAR- POLICE AS A PROTECTOR OF HUMAN RIGHTS

- A REPORT-

SEMINAR ON
“POLICE AS A PROTECTOR OF HUMAN RIGHTS”


(Date: February 9, 2003 Time: 9.30 a.m. to 5.00 p.m.)







Jointly organised by-
Dept. of Criminology Correctional Administration, TISS, Mumbai.
India Centre for Human Rights and Law, Mumbai.
Maharashtra State Human Rights Commission, Mumbai.



Faculty Coordinator: Dr. Arvind Tiwari, Reader, Department of Criminology and Correctional Administration, TISS, Mumbai

Convenors: Mr. Lalit Khandare & Ms. Somya Mohapatra, Students of Criminology and Correctional Administration




Department of Criminology and Correctional Administration,

Tata Institute of Social Sciences, Mumbai.


CONTENTS

S. No. Topic Page No.

1. Preface 2
Acknowledgements 3
Program Schedule 4
Inaugural session 5
a. Concept note
b. Welcome Note
c. Chief Guest Address
d. Chairman’s Address
5. First Session: 10
Concept of Human Rights and the role of Police Officers in protection of human rights
6. Second Session: 14
Legal powers and responsibilities of police Officers in protection of Human Rights
7.Third Session: 17
Media and Human Rights violation by law enforcement Agencies
8.Valedictory Session 19
9.Recommendations 20
10. List of participants 22
11. Annexure – I & II 23, 25





Preface

This report is a brief description of the presentations made at the seminar on “Police as a Protector of Human Rights”. This seminar was jointly organised by Deptt. of Criminology and Correctional Administration, TISS, India Centre for Human Rights and Law and Maharashtra State Human Rights Commission , on the 9th of February 2003. The seminar aimed at creating a forum for having a clear understanding of Human Rights and the role of the Police in the protection and promotion of human rights of citizens. It discussed the relevance of human rights in Police functioning and the problems faced by the Police in the implementation of human rights at the grassroots level. There was an effort to understand the reasons behind the allegations of Human Rights violations by the Police. Though the seminar covered wide range of discussions on the Criminal Justice System and the role of various Government and Non-government organizations in its functioning, yet this report specifically deals with those issues with the most direct relevance to the role of police in the protection of human rights.

The main participants of the seminar were Police Inspectors of Mumbai Region, Human Rights Activists, Social Workers, and Academicians. The report covers the set of recommendations drown out during the seminar which will help strengthening the role of police in the protection of human rights.

Above all this seminar makes an attempt to understand the role of police as the protector of human rights and bring together the civil society groups like the Lawyers, Human Rights Activists, Media and the Non-Governmental Organizations, to help the Police in the protection, implementation and promotion of human rights. As we all know that Humanitarian welfare demands the involvement of all institutions in the justice delivery system to reinforce each other’s role in a patriotic spirit. This seminar is one small step taken in this direction.




Acknowledgements

We would like to mention our sincere and heartfelt gratitude to all the people who were instrumental in the organization of this seminar and therefore, of its success.

We would like to acknowledge:

¨ Prof. R.R Singh, Director, Tata Institute of Social Sciences, Mumbai.
¨ Shri. R.S. Sharma, Commissioner of Police, Mumbai.
¨ Shri. Ahmed Javed, IPS, Joint Commissioner of Police (Law and Order), Mumbai.
¨ Shri. P.M. Bansod, Chief Metropolitan Magistrate, Mumbai.
¨ Dr. D.R. Singh, Professor and Head, Department of Criminology and Correctional Administration, Tata Institute of Social Science, Mumbai
¨ Dr. Arvind Tiwari, Reader, Department of Criminology and Correctional Administration, Tata Institute of Social Science, Mumbai
¨ Mr. Subhash Avate, Special IGP, Maharashtra State Human Rights Commission.
¨ Adv. Mihir Desai, Honorary Director, India Centre for Human Rights and Law.
¨ Ms. Sridevi Goel, Special IGP, Protection of Civil Rights Cell, Mumbai.
¨ Mr. Dilip D' Souza, Freelance Journalist, Mumbai
¨ Dr. Ram Punniyani, Faculty IIT, Mumbai.
¨ Ms. Deepika D’Souza, Executive Director, ICHRL, Mumbai.
¨ Ms. Minu Jose, Deputy Editor, Combat Law
¨ Dr. Nasreen Rustomfram, Head of Dept. Of Extra Mural Studies, Tata Institute of Social Sciences, Mumbai.
¨ Sr. Police Inspectors and Police Inspectors, Mumbai Police Commissionarate.
¨ Shri. C. Subramanian, Department of CCA, Tata Institute of Social Science, Mumbai





PROGRAM SCHEDULE
Inaugural Session
Chairperson –Prof. R. R. Singh, Director, TISS

10:00AM to 11:55AM

Concept Note Lalit Khandare

Welcome Address
Dr. Arvind Tiwari, Reader, Dept.of CCA, TISS

Directors Speech
Prof.R.R.Singh, Director, TISS

Chief Guest Speech
Shree. P. M. Bansod, Chief Metropolitan Magistrate, Mumbai

Vote of Thanks
Somya Mohapatra

Tea Break
First Session- Concept of Human Rights and the role of police
officers in protection of human rights.

11.15AM to 1:00PM

Keynote Speaker, Mr. Subhash Avate, Special I.G. Police, Maharashtra State Human Rights Commission
Chairperson, Dr. Arvind Tiwari, Dept. of Criminology and Correctional Administration, TISS, Mumbai.

Lunch
Second Session- Legal powers and responsibilities of police officers
in protection of Human Rights

2:00PM to 3:10PM

Presentations of Cases by Students
Sunil Gautam, Shiv Shukla, Prerna Dhingra

Keynote Speaker, Adv. Mihir Desai
Honorary Director, ICHRL, Mumbai
Chairperson, Ms. Shridevi Goel, IPS ,Special IG Police

Third Session- Media and Human Rights violation by law enforcement Agencies.

3:10PM to 4:10PM

Keynote Speaker, Mr. Dilip D'Souza,
Freelance Journalist, Mumbai.
Chairperson, Dr.Ram Punayani, IIT, Mumbai.

Valedictory Session
4:10PM to 4:40PM

Speaker , Mr. Subhash Avate, Special I.G. Police, Maharashtra State Human Rights Commission
Chairperson, Dr. Arvind Tiwari, Dept.of Criminology and Correctional Administration, TISS, Mumbai.

4:40PM to 4:50PM

Vote of Thanks by Ms. Somya Mohapatra




Inaugural Session

Concept Note:
Lalit Khandare MA(TISS)

Ensuring the safety of the life and property of its citizens is one of the basic responsibilities of the government in all societies. It is by establishing and maintaining an efficient and an effective police force that the government provides a feeling of security to its citizens. However collective security enjoyed by the citizens is not enough; in a democratic society, they also want to enjoy their individual freedom and rights, without unwarranted and illegitimate interference by a coercive and an insensitive police force. And the role of the police is to maintain the law and order in the country. In exercising proper control and superintendence over the police, holding them accountable for the various acts of commission and omission and bringing them close to the community, therefore, become issues of utmost importance in a democratic country.

Police work encompasses preventive and protective roles in the course of maintaining law and order. In addition, prevention and protection involve initiating programs to reduce caste and communal tensions, reduce opportunity for criminal victimization and educate the citizens about the crime prevention measures. Secondly, police work also involves many tasks that occur well beyond public notice and that are often time consuming, overly routine, and excessively burdensome.

In general, however, people's ambivalence towards the police and their negative opinions of police work and behavior come mainly from a lack of understanding of the nature of police work and of the social, Organisational and logistic constraints that shape its course. This ambivalence is further fuelled by the allegations of human rights violations by the Police. Because of this, the police have come under severe criticism by public and media and the strict scrutiny of the Courts, National Human Rights Commission and State Human rights Commission.

During the Course of our fieldwork, we, the student social workers placed in State Human Rights Commission and India Center For Human Rights and Law, came to know about various forms of allegations of human rights violations against children, women and marginalized section of society.

We felt that Police have to play a vital role as the protector of Human Rights. But from our fieldwork experiences and cases illustrated in the annual reports of National Human rights Commission it was found that there are a number of allegations of human rights violations leveled against the police. The reasons behind this could be the stress and frustration in the job, complexity involved, and growing criminality, which are not analyzed; and that in turn results in the gross violation of human rights. The people's expectations on Police are high in comparison to other government functionaries and often the police are not able to come up to people’s expectations.

In view of the above the present seminar was aimed at creating a platform for the police officers to share their views and problems faced by them in implementation of human rights jurisprudence at the grassroots level.

Broad Objectives of the Seminar:

1. To discuss the relevance of human rights in police functioning,
2. To discuss the problems, frustration and stress of police officers in the area of human rights, and
3. To explore the ways and means for healthy, police-community relations.



DIRECTOR’S SPEECH:

Prof.R.R.Singh, Director, TISS, Mumbai.

The Inaugural Session began with the Director’ speech. He mentioned that human rights encompass a very wide area including unborn child in the womb. It was stated during his speech that the history of human civilization is human struggle for freedom. The last three hundred years depicts the evolution of political, economical and social rights of the human being.

A lot of emphasis was laid on the role of the police in protection of human rights of the citizen. According to him rights and duties are complimentary to each other and every citizen should fulfill his or her duties to enjoy their rights. It was also pointed out that one should behave as a human being and maintain the sanctity of humanity. In keeping up with the spirit of human rights and their sanctity Prof. R.R.Singh, concluded his speech by saying that, we should work together and ensure human rights violation free zone with indicators in the Field Action Project of the Institute’s initiative. This can be achieved by collaborative efforts of the police, TISS and other stakeholders such as lawyers, human rights activists and the non-governmental organizations working in the field of human rights.


THEME PRESENTATION BY DR. ARVIND TIWARI

Dr. Arvind Tiwari, Reader, Department of Criminology and Correctional Administration, TISS

Dr. Arvind Tiwari, introduced the theme of the seminar “Police as a Protector of Human Rights.” He pointed out that police enjoys tremendous legal power regarding the security of life and liberty of the people. He mentioned that more than fifty percent of the complaints registered by the National Human Rights Commission are belong to police. These are complaints pertain to indiscriminate arrests, illegal detention, custodial violence, torture, rapes and deaths in custody. He further added that victims of the police excesses are the downtrodden people like children, women, scheduled castes and tribes. Hence, police should give priority in protecting the rights of the vulnerable section of the society.

He requested the participants (police officers) that this forum was convened to ventilate their grievances and suggestions in protecting the human rights violations in day to day working. The participants were asked to express themselves in any of the languages (Marathi, Hindi or English), as language wouldn’t be considered as a barrier in expressing their ideas.


CHIEF GUEST SPEECH:

Shri. P.M. Bansod, Chief Metropolitan Magistrate, Mumbai

Chief Guest of the Seminar, Shri. P.M. Bansod, Chief Metropolitan Magistrate, Mumbai stressed that we have certain inherent birthrights. These rights have been incorporated in the Constitution of India as the Fundamental Rights. They are also known, as natural rights recognized by the democratic form of the Government in upholding the rule of law and not the rule of tyranny. He further noted that the rule of law offers all citizens equal protection regarding the right to life, liberty, expression and movement. The central point of his speech was that proactive role played by the higher judiciary in protection of human rights of the citizens. He elaborated that in late 1980s, the Indian judiciary adopted Custodial Jurisprudence and awarded compensation to the victims of custodial torture, violence, rapes and deaths.

In Case of Nandni Satpathi vs P L Dani(,AIR 1978 SC 1025), the Supreme Court prohibited police to investigate women at their residence after sunset and before sunrise. In Prem Sankar Sukla vs Delho Administration (AIR 1980 SC 1535) case handcuffing was prohibited to maintain the human dignity.

In crux, he suggested the following points for prevention of violation of human rights by the police:
1. Scientific investigation tools should be adopted in investigation of cases than that of third degree methods.
2. Education of police personnel vis-à-vis civil society in terms of the human rights sensitization programmes.
3. Curb the political Interference in the police functioning.



FIRST SESSION

Concept of Human Rights and the role of Police Officers in protection of Human Rights

Speaker: Shri Subhash Avate, Special I.G.P.,Maharashtra State Human Rights Commission
Chairperson: Dr. Arvind Tiwari, Reader, Dept. of Criminology and Correctional
Administration,TISS,Mumbai.


Mr. Subhash Avate, spoke about the concept of human rights and role of the police in protection of human rights. He mentioned that historically human rights began with natural rights. In the past, the violations committed by rulers, dictators, autocrats on their subjects paved a way for the evolution of etiquette on how a ruler should behave and protect his citizens. This progressed towards the formation of universal laws, and in World War –II the abuse of the right to life, triggered people towards peace. Eventually, Universal Declaration of Human Rights (UDHR), 1948 came into existence.

He stressed that important U.N Declarations such as International Covenants on Civil and Political Rights (1966) and the Economic, Social and Cultural Rights (1966) should be known to all police officials. The society expects a lot from the police but they have resources to resolve all social issues. But man with proper knowledge, skills, information can prevent violation of human rights to a large extent.

He noted that the definition of human rights according to Section 2(d) of the Protection of Human Rights Act, 1993 is as follows:

“Human rights mean that rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.”


He further elaborated on the Characteristics of the human rights. He said that human rights by nature are Universal, Inalienable, Undivided, Uniform, Fundamental, Developmental and Progressive.

He then mentioned the role played by the Police could play a positive role in the protection of human rights in the following manner:
1. to contribute to the liberty, equality and fraternity in human affairs;
2. to help and reconcile freedom with security and uphold the rule of law;
3. to uphold and protect human rights of the citizens;
4. to build up faith of the people in their protection of human rights by the state;
5. to investigate, detect and prevent the offence;
6. to deal with the minor child, in crisis, to
7. to accept public service is as a mission;
8. to understand the human rights in true spirit and uphold them.

After the keynote presentation made by Mr. Avate the floor was open for discussion. There were various queries among the participants about the origin and functioning of the Maharashtra State Human Rights Commission. Mr. Subhash Avate then mentioned about the role of Maharashtra State Human Rights Commission in protection of human rights. Since its inception (Dt. 2.2.2002) they sought for the participatory role of the police officers. A very important point was raised by one of the police officers who mentioned that, whether the same human rights activists ever go the victims place and understand their situation. It led to a further discussion on the balanced approach wherein all the three parties i.e. the police, victims and the accused are considered. It was suggested that seminars like this should be conducted on regular basis where press, media, public and politicians should also participate and it should not be a clash between the human rights activists, and the police, rather it should be based on mutual interaction and discussion.

The Special I.G.P. of State Human Rights Commission, also stressed on the fact that, there are very few NGOs that are working for the cause of the victims, and he also mentioned that if the NGOs take up initiatives of the victims’ then the police would definitely help them. Thinking about the Human Rights of the victims everybody should come forward to help, the press and media along with social workers for their rehabilitation. Citing an example, he told, when a girl is raped, instead of giving a helping hand to the victim and her family the media publishes her full details in the newspaper, which adds on to the girl’s misery and her whole family. Therefore it is required that, the importance should be on the victim’s rehabilitation and not on publishing her misery in the media .A very few NGOs work on this area and those few who do, work for getting more grants.

Mr. Avate, appreciated work of some of the NGOs, genuinely working in this area and mentioned that the State Human Rights Commission is preparing a list of Such NGOs that are doing good job, with whom they can develop partnership.
There was also a discussion on the inhuman conditions of the police stations and heavy workload on the police officers. The question was raised by the lawyers that, how the police are going to protect Human Rights of people, when their own human rights are violated.

Dr.Toppo,Reader,PMIR Department, TISS, raised two incidences of human rights violations committed by the police.
1. Two years back, at Tapkora (Jharkhand), policemen fired and killed 8 innocent tribals.
2. At midnight, the police had raided on village and arrested the tribals and took away their belongings.

The point raised here was that, if the police have right to fire anywhere on anybody and is it not human rights violations. Mr. Subhash Avate responded that unless and until we go into the facts of the case, we cannot comment and if these are the facts, then of course there was breach of human rights. Every incident should be investigated, and the proper enquiry is to be conducted in such cases and the concerned authority should take just action. The Speaker, here, stressed on the fact that growing numbers of under trails in the jails and those cases not being resolved within a due time is also violation of the human rights of the victims. Thus the system needs to be changed and for this purpose the public, the mass media, the NGOs, Civil Society Groups should come together to work with the police and bring justice to the victims.

The Chairperson Dr.Tiwari summarized the session saying that working hours of the police officers are ofcourse high.Sometimes they work for more than 16-18 hours a day. They also deserve human rights because they are also the citizens of the country.The main problem with the police is that it does not behave properly with the common man. There is fear for the police even among the law abiding Citizens. This is the responsibility not only of police officers, but also at the same time of the academicians, NGOs, and social workers, to improve the relations between the police and the common man. The common man should be convinced that police is there to help them and protect their human rights. Secondly the NGOs should work for the victim and their families. At the same time the police have to work for the protection and promotion of human rights in the day-to-day working.

A feedback form was provided to the participants (police officers) and their responses on each session were taken, at the end of the seminar. Their feedback regarding this session was positive. The participants (police officers) felt that the inputs given in this session were vital for their efficient functioning in protection of human rights of the citizens but due to time constraints the various dimensions could not be discussed at length. So they suggested that these topics should be included as a part of their regular training course so that they can use it in their day-to-day discharge of duties.


SECOND SESSION

Legal Powers and Responsibilities of Police Officers in Protection Of
Human Rights

Speaker: Advocate Mihir Desai, Honorary Director, ICHRL
Chairperson: Ms. Sridevi Goel, IGP, Protection of Civil Rights Cell,
Maharashtra Police.

The session was initiated by Ms. Somya Mohapatra, by the intoduction of both the speaker and the chairperson.This was followed by student presentations on their field experiences regarding human rights violations committed by the police.
Mr. J.Kumaravijayan (PMIR student ) – A case about Gunning Of Dalits in Ramabai Ambedkar Nagar and its After Math, 11th July 1997
Mr. Shiv Kumar Shukla (MPSW –Social Work Student): A case of Mohhala Committee and Police in keeping peace and Harmony during communal tension.
Sunil Gautam(URCD Social Work Student) A case of Dalit Atrocity in Jajjar (Haryana) and the role of police in this incidence.
Prerana Dingra(CCA Social Work Student): She presented a case of harassment of children by Railway Police.

Ms. Sridevi Goel, the chairperson of the session spoke on various issues of police violating the human rights and expressed that whatever the students said was from their knowledge from the media, or from one or two witness they have talked to, but that is not the whole thing in its entirety and there are many issues behind that and that was only one side of the story. As it was well said by her that this is not a fault finding session, rather the seminar is to discuss on how the police should be the best protector of Human Rights and what are the problems that hinder their functioning.

In his presentation Advocate Mihir Desai introduced himself as a ‘Human Rights wala’ and expressed his opinion that he wanted to use this opportunity to build bridges between the police and the human rights activists, and not blame the police.

The following issues were discussed after the presentation:

1. The criticism, that people who talk about Human Rights do not understand the problems of the police, just as all other citizens have and the situation in which the police work also have to be looked into, and that should also be given publicity, because having good working conditions is their human rights
2. There is lot of political interference from the top, in the functioning of the police, which the people do not realise. Mr. Mihir Desai expressed his opinion that, though we criticize the police in lot many ways, yet it is to be accepted that today Mumbai is the safest city in the country, and much of the credit for this goes to the police.
3. The people who are working on human rights issues have not given enough attention to the National Police Commission reports, which also focus on the working conditions of the police.
4. Media should also play its role here by highlighting and appreciating good investigation and work done by the police and not point out only the loopholes of the police functioning.
5. Stress was given on the fact that, all police commission reports, right from 1958, says that; general public does not consider police as a friend. There is a difference between respect for the police and fear for the police. What the citizens have for the police today is fear.
6. Women issues do not get adequate attention from the policemen.
7. Another issue was the role played by police in times of communal violence; the general belief among people is that police also act in a biased manner.
8. The issues of Dalits and backward communities do not get adequate attention from the police.

All these issues need to be resolved by efforts from both sides – human rights activists and the police and what is needed is a friendly communication between police and the common man. People come to know about police from media and newspapers, which widens the gap between them and the protectors of law. The people’s representatives should have regular meetings with the police (at least once in a month) and discuss their problems and think of solutions.

Chairperson Ms. Sridevi Goel, summarized all the issues raised by Advocate Mihir Desai and encouraged the participants i.e. the police officers to speak up. At this point many police officers spoke about the various problems they face like long working hours, political pressure, heavy workload etc. There was also discussion on the issue of media exaggerating facts of mishandling of cases by the police in the public and not revealing the other side of the picture.

The session ended with a note that, there is a need to bridge the gap between the police and the common man and this can be done by the combined efforts of the police, the media, the public, the human rights activists and the academicians. At the same time the problems faced by the policemen in discharging their duties should also be taken into consideration.

The response from the police officers in this session was positive in the sense that, they realised that they had lots of legal powers to control the human rights violations and so it is there responsibility to protect human rights without succumbing to any kind of pressures like that of the media, public and the politicians.

THIRD SESSION

Media and Human Rights Violation by Law Enforcement Agencies.
Speaker : Mr. Dilip D’souza
Chairperson: Dr. Ram Punniyani

Mr.Dilip D’souza initiated his speech by highlighting the role of media in prevention of human rights violations. He focused on the following issues, which have concern with the police and their functioning, that are based on the National Police Commission report:
1. Political pressure on the police officers.
2. Frequent threat of transfer by politicians
3. District police taking instructions from Headquarters for every small decision.
4. Lack of leadership in the police.
5. After communal riots, there are always some police officers, against whom action is taken and others go Scot-free.
Some of the important observations made by Higher Judiciary:
1. Supreme court has ruled out that the investigation of police is beyond any interference by executive
2. The police should give all the facts to the press, otherwise the press will report whatever it has.
3. The evidence given by the police should be taken into consideration.

Mr. D’Souza assured the police that they have the support of the media and the people for their human rights and their problems. There was a discussion on how the police system as a whole is condemned because of some individual failures, which the media highlights. There was acknowledgement expressed on the fact that the media will support the cause of the police for the implementations of recommendations made by the National Police Commission.

Dr. Ram Puniyani who chaired the session, said the strengths of Mr. D’Souza’ s speech, was the quotations from the Police Commission’s report. He noted that the aim of this whole exercise or seminar is to come up with suggestions to improve the police system and thereby protection of human rights by them. He further mentioned that how the media could help police to project their position and image in the society among the common man. He encouraged the policemen to express the problems faced by them.

Dr. Toppo, Reader of PMIR Department, TISS, brought this discussion to a constructive way, when he mentioned that the aim of the seminar is, not to blame each other but to come out with possible solutions to improve the relations between the police and the common man and civil society groups like media, human rights activist, and lawyers should help in this process. At the end of the session the Chairperson has given the concluding remarks-
There is need for the police and the civil society groups to come together along with the media, for the promotion of human rights culture in the society.


In this session on media and human rights the participants expressed their views that the media is not giving enough attention to the problems faced by the police, rather, it highlights the cases of violation of human rights by police. The suggestion given by them was that, media should give the authentic information of any incidence or issue. Secondly the media should also bring to the light the positive role played by the police i.e. the success stories of police in protection of human rights.


VALEDICTORY SESSION

Speaker: Mr. Subhash Avate
Chairperson: Dr. Arvind Tiwari

Mr.Subhash Avate, Special IGP, Maharashtra State Human Rights Commission, delivered the valedictory address. He said that, the police officer is a multifaceted personality; at home he is a husband and father with submissive thoughts, whereas in office he has to accept all criticisms and lots of thrashing everywhere. Unfortunately the justice delivery system in our country does not have faith in police force. When the police officer’s credentials are doubted then the officer finds it difficult to perform his duties honestly and sincerely.

Mr. Avate stressed on the fact that the present seminar does not aim at bringing solution to all the problems of police. Problems are everywhere and the police have to perform to the best of their capacities with all those difficulties. Outside help for any problem is of much help but rather we need to have introspection. He at the same time said that the workshop is not aimed at criticizing the police force but come out with holistic practical perspective to multidimensional problems.

In a concluding remark, Mr.Avate said that police officer should project himself as an ideal personality; further more, police officer are also the leaders and social workers in the society and so they should work differently, as the police is most closer to the civil society.


RECOMMENDATIONS

Participants expressed their opinion that such seminars on the police and Human Rights and also on the problems of police officers should be conducted as often as possible. It was observed that, police officers had not attended such seminar on Human Rights before.

Most of them wanted to participate in such seminars in future and have opinion on the following issues:
Ø There should be meeting, dialogue or conference amongst police, public and media.
Ø Discussion on organised crime, inequality in Indian society, and criminalization of politics.
Ø Such seminars should be organised at various levels like, District, State and National.
Ø Participation of NGOs on the area of women and children, minorities, disabled and their marginalised section of the society.
Ø Emphasis to be given on public –police relation.
Ø Ways and means to improve the efficiency of the police in protection of Human rights.
Ø More seminars on the interaction of the police with various Government functionaries like judges Department of women & child welfare etc, on various issues.

3. The police expressed, special measures to be taken, to create legal awareness among the public, on issues of right of accused, procedures of bail, FIR, probation, special protection for children, women & weaker sections of the society.

These Special measures shall include in such seminars, campaigns, conferences, and
propaganda by media, promoting Mohalla Committee Meetings etc. Secondly the role
of police is to put up posters &charts outside the police station to comply with the
Right to Information.

4. The police officers expected their willingness to work coordination with local NGOs and civil society Groups.

The overall response about the seminar was positive. There was positive feedback on the seminar from the Police Officers, Judge, Academicians, Advocates, Social Workers, NGOs and other participants. There was a good of participation and discussion. Innovative ideas and constructive suggestions came up during the seminar though it was the first breakthrough in having a seminar like this a police and Human Rights, it should be continued, further for is proper implementation.
List of Participants (Police Officers)
Name,Rank,Police Station

Mr. Uttam Chopane Sr.PI. Crime Branh CID Mumbai.
Mr.Madhave Gaikawad PI KasturbaMarg P.S.
Mr. Keshav Shanker Rane PI Traffic Training Institute Byculla
Mr. Kailash Ghamande PI DN Nagar(Traffic)
Mr. Vilas G.Pandit PI Chembur (Traffic)
Mr.Satish S. Shingte PI LA iv Marol Andheri(E)
Mr.Balasaheb R.Jawalkar API Ghatkopar Police St.
Mr.SamachanR. Dhamedhar PI Jogeshawari.
Mr.Atmaram S. More PSI Shivaji Nagar Police Station
Mr.Prasad M. Dharia API Protection Branch, C.I.D.
Mr. Sanjay A. Khaire PI Trombay Police Station
Mr.Vinayak Maruti Kakade .PI MHB Colony Police Station
Mr.Bhagvan Balaji Dhule Sr.PI Dr Aadarsabeb Police Station.
Mr.Shivaji Dnyanaba Nimhan PI SBI, C.I.D zone V
Mr. Chandrakant Sawant PI Colaba Police Station
Mr. Virendra VKhuje Sr.PI Worli Head Quarter.
Mr.Siddharth Lalu Wagh PI A.P Control, Naigaon.
Mr. V.V. Karkare PI S.B(I) CID
Mr. S.K.Das PI Matunga Traffic.
Mr. Prassana Yogiraj More PI Bhandup Police Station.
Mr. Ashok Tukaram Duraphe PI Kurla chowby Police Station
Mr. Dharamshi P. Padamshi PI Pantnagar Police Station
Mr. B.Y. Janjale PI V.y Dahivallery Marg.
Mr.Shilendra Pande PI B.K.C Police Station
Mr.Ravindra Sawant PI Khar Police Station.
Mr.Janardhan K. Kharat PI Matunga Police Station.
Mr.Raghunath L.Bagul PI Borivili(west) Police Station
Mr. Prakash D.Sawant Sr.PI Wadala Police Station.
Mr. Ravindra KhandaGale PI MRA Marg Police Station.
Mr.Mohd. Javed PI Ambedkar marg Police Station
Mr. Arjun B. Bagadi PI Malvani Police Station
Mr. Vijay More PI Worli Police Station
Annexure - I
Supreme Court Guidelines in DK Basu’s Case

In the Supreme Court decision of D.K. Basu (Supra) the court set out the following requirements to be followed in all cases of arrest of detention “until legal provision are made in that behalf as preventive measures”:

The Police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in the registrar.
That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may either be a member of the family of the arrestee or respectable person of the locality from where the arrest is made. It shall also be countersigned by the arrestee and shall contain the time and the date of arrest.
A person who has been arrested or detained and being held in custody in police station or interrogation centre or other lock –up, shall be entitled to have one friend or relative or other person known to him or having an interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.
The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organisation in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.
The person arrested must be aware of his right to have someone informed of his arrest or detention as soon as he put under arrest or detained.
An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest and the names and particulars of the police officials in whose custody the arrestee is.
The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if present on his /her body, must be recorded at the time. The “Inspection Memo” must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.
The arrestee should be subjected to medical examination by a trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health services of the State or Union Territory concerned. Director, Health services should prepare such a panel for all tehsils and districts as well.
Copies of all the documents including the memo of the arrest, referred to above, should be sent to the Illaqa Magistrate for his record.
The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.
A police control room should be provided at all district and state headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board.

The court went on to say that failure to comply, quite apart from rendering the official liable to departmental disciplinary action, would render the defaulter to punishment for contempt of court.

{Source: D.K. Basu V State of West Bengal 1997 SC 610}


Annexure - II
Role of Human Rights Cell: In the State/City police Headquarters

Letters were addressed to all the DGPs/Police Commissioners an Add DGP’s/IGP’s Human Rights on June 1st 1999 inviting their suggestions as to the role and duties that the Human Rights Cell of the State PHQ would undertake and perform. Based on the replies received and interaction with officers, the following guidelines are circulated for effective functioning of Human Rights Cells in the various police Headquarters:-

Human Rights Cell will act as the main link between the NHRC and the State Police Agencies.
All –important cases/complaints referred by the commission to the State Human Rights Cell wherever specifically indicated would be got enquired into by an officer of an appropriate level. Thereafter the recommendations made by the commission are to e followed up to ensure appropriate action against the delinquent officials is initiated and remedial action taken, wherever required to the logical conclusion. However, in the cases where the Human Right Cell feels that an impartial; enquiry may not be possible due to the extraneous consideration, then it may recommend investigation by the State CID or even CBI.
To keep a close watch on the alleged violations of Human Rights by police personnel which come to light through the newspapers/publications/others sources including complaints to different functionaries.
All enquiries /cases relating to police atrocities/harassment/abuse of authority, being sent by the commission to the District Superintendent of police for ascertaining facts and verification, may be monitored by the cell. A copy of all such references will be sent to the Cell, to enable them to monitor timely response from the SP’s. They will also ensure follow up action wherever specific directions have been passed by the Commission by way of compliance.
Human Rights Cells to regularly interact with DSPs on Human Rights petitions/complaints and issue instructions guidelines, so as to minimize and prevent violations of Human Rights by the police.
To conduct surprise visits to police stations, to check cases of illegal detention and abuse of Authority.
To take such other steps as may be necessary for preventing violation and protecting and respecting the Human Rights of the citizens who come in contact with the police functionaries.
To ensure that all police stations in the State display the guidelines given by the Supreme Court in wp No.539 of 1986,in the case of D.K. Base V’s State of West Bengal. These requirements are in addition to the constitutional and statutory safeguards and directions given by the courts from time to time in the connection with safeguarding of the rights and dignity of the arrestee vis a vis the duties of the police. Special care has to be taken to see that women, children and the vulnerable sections of society are not harassed by the police by calling them to the police station, in avoidable circumstances.
9. To co-ordinate with the State Academy and Training Centers to ensure that their in service training curriculum have sufficient elements of Human Rights Jurisprudence for the trainees of all ranks. Such a module should aim at educating and sensitizing on the following matters;-
a} Constitutional provisions relating to the rights of the citizens;
b} Key provisions in the substantive law that provide explicit “Do’s” and Don’ts” in matters of arrest, interrogation, search and seizure etc;
c} Landmark Judgments of the Supreme Court on Human Rights matters; and
d} The implications of fall-outs and non-observance of the Human Rights guidelines/instructions/laws while discharging their duties and responsibilities.

10. Organise interactive sessions/capsule courses of appropriate duration in all training institutions where prominent personalities, lawyers, NGO’s are called for participation.
11.Compilation of the departmental circulars and directions on the human rights mandate, issued by the PHQ from time to time to see that these are re-circulated for re-capitulation.
12. To identify specific areas of societal human rights violence’s in the States and to plan out preventive and re-habilatative schemes in conjunction with the concerned departments {for instance in the field of child rights, sexual abuse and child labor} Gender Justice, Juvenile Justice, on criminal mentally ill lodged in hospital discrimination towards the under privileged, backward, scheduled caste, scheduled tribes in specific areas etc.
13.To Organise one day seminars/workshops on human rights in different cities in association with the State Human Rights Commission {wherever they are constituted}, local universities or colleges, philanthropic organisations like Lions /Rotary Club.
14. Personally monitor investigation of cases relating to custodial deaths/rape and torture/ illegal detention in police custody and take remedial measures/follows up departmental action.
15. Actively promote Human Rights literacy and awareness through publications and media programmes.
16. Publication of quarterly newsletter on “Human Rights in Law Enforcement” for circulation amongst police offices.

{Source: Instructions issued by NHRC on 14th Dec.1993, NHRC Annual Report 1993}





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