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Indian Laws Promote Police Brutality, Says AI

Indian laws have been interpreted by security forces as a licence to torture and kill with impunity. The police apparently believe they have the immunity from prosecution.

Prakash Chandra writes from New Delhi
THE scene seemed to be straight out of Holly wood — American policemen beating up an ordinary citizen.
Almost 60 people have died, scores have been injured and millions of dollars worth of property were destroyed following the acquittal of the po liccmcn Involved in the incident. The American presidential campaign has taken on a new complexion and racism debates have heated up anew
And yet .that single incident of alleged police brutality pales In comparison to reports of alleged police excesses in India, recently documented by Amnesty IntemattonaKAL).
In incident after incident, the Indian police have been reported to violate human rights calling to mind the days of the British Raj when excesses by law enforcers seemed equally commonplace
But even people who remember those days are quick to point out that there was then no "reign on terror". Men. women and even children were arrested, beaten up and tortured to make them confess to crimes they did not commit but it was not a routine practice. Only "politically" active people were picked up for questioning and subjected to torture.
There was anqther major difference between then and now — the perpetrators of atrocities during the days of the British Raj were servants of a foreign government. The current excesses are being committed by agents of a freely elected government, in the world’s largest democracy.
Human rights activists claim that the scale of police oppression has increased tremendously.
"India has certainly one of the best-run democratic governments in the world but that cannot justify police atrocities on common people," says one foreign observer. "In no civilised country, at least In ' the West, are people afraid to
go lo the police Here a policeman’s knock on the door will send a chill down your spine. Before you know it. you can be locked up on some trumped up charge."
The recent report of Amnesty International (AL) indicted India lor failure to defend human rights and for allowing them to be iramplcd down by a ruthless police force.
Excerpts from the report, published recently by major Indian newspapers, claimed that, tn India, therf is a sub-staptive body of evidence that government and official agencies have made special efforts to cover up human rights violations and prevent Ihe police and security forces from being punished.
"Amnesty International knows of only three out of 415 cases of custodial deaths which occurred since 1985 in which police officers accused of torturing people lo death have been convicted by the courts. The only slates in which this is known to have happened are Andhra Pradesh, Karnataka and Orissa.
Although In judgment after judgment courts have sharply criticised police conduct in extracting confessions from alleged criminals (one court decision even described the police as a bunch of thugs) police officers tried by courts arc often acquitted and even promoted.
Al has noted that in several stales, such as Manipur. Ra-jsathan and Jammu and Kashmir, no police officer has been prosecuted or convicted. It is alleged that often, direct or indirect pressure from the executive arm of the government prevents the prosecution of erring law enforcers.
Thus, in Uttar Pradesh, Al reported that Immunity was
effectively granted to member* of ihc provincial armed con stabulary and prison officials who allegedly tortured and killed Muslims in their custody during communal rioting in Meerut in 1987.
According to Al. there is ‘compelling evidence" that police and other security forces feel free lo act with impunity in violating the rights of those In their custody. Special laws in force in stales where there is armed insurgency explicitly grant tiniuu nitV from prosecution lo the police and other security forces.
flic Armed Forces (Special Powers) Act. currently tn force in Punjab. Jammu and Kashmir. Assam and other northeast states, gives Ihc security forces wide powers to make arrests, conduct searches without warrant and lo kill, Al said.
Al believes provisions such as this have been interpreted by the security forces as a licence lo torture and kill with impunity. The police apparently believe the provisions have given them immunity from prosecutions and other civil processes.
Thus, police excesses have been reported rampant in the insurgency-troubled states of Jammu And Kashmir. Punjab and Assam and allegedly have also spread to areas without any insurgency problems. Experienced police officers say excesses are the accepted practice, not the exception.
The numerous reports of police atrocities have even the United Nations (UN) Human Rights Commission looking into Indian laws alleged to be facilitating human rights violations.
The Indian government has, of course, vehemently denied ATs charges.
An Indian delegate told the UN Sub-commission on the Prevention of Discrimination and Protection of Minorities that Al has given no details to substantiate Ils alkgation
The law in Indian forbids a police officer to use more tharf the minimum force required to deal with a particular situation.* he said. The government has Issued directives to police personnel lo desist from such methods during ln-vestTgatfon and Interrogation which can cause torture ... tn India all entire network of safeguards within a democratic system Is available to prevent the occurrence of human rights violations such as the torture of detainees."
"A few isolated eases of torture of detainees can take place as they can elsewhere in the world." he admitted. "Whenever such allegations of torture are made even in the press, there Is a regular investigation by a Judicial Magis-
trate and if anyone is found remiss tn his duty, proper ar tion Is taken ... Ftollee personnel found guilty of torturing detainees arc liable to receive exemplary punishment."
But critics of the police are not appeased by government explanations And Indian newspapers have unanimously expressed their outrage over reports of police abuses
Anil Dharkcr, editor of ihc Independent, a newspaper be-kmging to the Times of Indian group, believes that 70 deaths per annum In police custody mean "that we really have no right to call ourselves a civilised society." He called the government's response lo the Al report as "pious humbug."
Critics say government officials have routinely used the police as an Instrument to impose political control. The result is a degradation of an agency which was supposed lo enforce law and order
Critics say the failure of successive Indian governments to control lawlessness In the police force has made it a government in Its own right.
Kuldip Nayar, former In dian High Commissioner In l-ondon. said while police atrocities haw never been ab-sent from India, they have now become repressive instruments in the hands of a repressive state
Rajni Desai, a well-known Bombay economist. says. The police are the armed instruments of the State and, therefore. must be held responsible for the violence they perpetrated on peopk."
N S Saxena, a retired police ^a‘ I** emmertt must hold police officials accountable for excesses. He calls for a major overhaul of the entire criminal justice system including the police and judiciary.
But observers do not think political leaders have the guts to get police officers to do as they are told. Such a demand, they say, would make the politk:ians unable to exploit the police for purposes of their own. —liepthneius Asia