Posted by Analysis of “Cases against police under Human Rights violation”
Author: Dipika Mahale. ILS Law College, Pune.
“The police must obey the law while enforcing the law.” – Earl Warren
Police is integral part of system of criminal administration of justice. Police plays a vital role in system of criminal administration of justice because police is primarily concerned with maintains of law, order, security of person and the property of the individuals.
Role of Police
Robert Reiner has rightly remarked about the role of the police that policing inherently conflict ridden enterprise. A society always demands from them the highest standard of conduct, particularly those of honesty, impartiality and integrity because of their professional responsibility.
In present context the term “police” connote a body of civil servants whose primary duties are preservation of order, prevention, and detection of crimes and enforcement of law.
In modern times the duties of the police have being increased tremendously and becoming more and more diversified. The modern police have to protect the public against physical order in the streets and public places. The police also have to prevent juvenile delinquency and atrocities against women and children.
Though the goals of the police are virtuous i.e. to serve mankind but the police have been criticized for committing the acts which are contrary to the powers which are given to them. The main cause of such unfortunate situation is that the powers given to the police to fulfill their legitimate functions are capable of being abused by them to torture mankind, to destroy lives and property, to oppress the weak and violates the constitutional rights of the community as well. And one of the important cause which loss public confidence is the political pressure of compromises by the police officials make corrupt and dishonest.
Police atrocities and violation of Human rights
Power has the tendency to make men unsteady and police are no exception for that. Powers are granted to the police in order to enable them to enforce the law and protect people. However, it is depends on police how to use it, for protection or for illegality. Respect for human rights in the police process is the positive steps towards people oriented police.
There has been so many cases where we can analyse that police continuously violates the rights of the people.
Art.21 of the Constitution provides that no person shall be deprived his life and personal liberty except according to procedure established by law, which is an inherent guarantee against torture or assault by the states or its functionaries.
The Code of Criminal Procedure also provides the safeguard against legally questionable detention by laying down the procedure to be followed by the police while making arrest. Unfortunately, torture and assault have become a part of police ways. Custodial violence raises serious questions about the reliability of the rule of law and administration of criminal justice system.
An offender has right to be tried and punished in accordance with law and any punitive action taken against him or her outside the ambit of law is illegal. Howsoever, dangerous be the criminal, he or she has every right to be treated with human dignity.
Data analysis of by National Crime Record Bureau
The data refers to details on state/UT wise cases registered, policemen charge sheeted and convicted under human rights violation during the year 2010-2012. The cases were registered against policemen and they were charge sheeted and convicted are disappearance of persons, illegal detention, fake encounter, killings, violation against terrorist/extremists, extortion, torture, false implication, failure in taking action, indignity to women, and atrocities on sc/st etc.
As per the analysis of this data by NCRB in India 2010 total cases registered against policemen under abovementioned various heads were 37, out of which 14 policemen charge sheeted and out of that only 4 were convicted.
In 2011 all India 72 case were registered and out of that 46 were charge sheeted. However, in 2012 in all India 205 cases were registered and out of that only 19 policemen were convicted. From this analysis it is clear that not so many cases registered against policemen and conviction rate is also low.
Conclusion
The police are the first visible point of contact of citizens. Police functions are mostly prohibitive and regulatory in nature and this leaves an impression on the individual citizen that police interference with the life, liberty and freedom of the people. The reason behind this impression is that the misuse of the powers by the police.
The police are permitted to use force under certain circumstances mainly in case of arrest and search, so it does not mean that they can use force as they want. It has some limitations rather there are specific rules which every policemen should follow. There is also need of police reform. In Prakash Singh v/s UOI , the Supreme court issued seven directives and instructed the governments to take suitable steps for the police reforms.
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Disclaimer:
This Article was prepared or accomplished by Dipika Mahale in his personal capacity. The opinions expressed in this article are the author’s own and do not reflect the view of the LawOF.in
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