Accountability of Police: The incidence of police brutal, abuse of power and Pre-trial detention in India always remains a serious problem of human rights violations and has improved manifolds in the past. Police are the most important law enforcement agents entrusted by preventing and detecting crime in a country. The police must maintain the law and order in the community and ensure peace. More often than not, someone found news about candied and illegal detention by police innocent people. There are national and international pressure installations to protect and preserve the basic human rights of all individuals.
Physical and verbal harassment
The case of the recent Custodian death in Tuticorin Tamil Nadu from Duo Father-son, P. Jayaraj and J. Benicks, has ignited the need to produce awareness of human rights protection in detention. Jayaraj and Benicks were detained for violating Covid-19 curfew and died in detention two days after their release. The family is suspicious that they have been tortured. According to the family, the duo was taken to a government hospital at 20thjune 2020, where they were found in a bad form, and their pants were soaked in the blood. When the terrible details are known, this case sparked anger and to social media and immediately gained national attention, and the Madras High Court took Suo Moto’s awareness about this problem and directed the Kovilpatti justice judge to ask this problem. On the basis of reports of local judges who investigated death, the High Court stated that there was a prime murder case against the main charges. The court also quoted a serious injury listed in the post-mortem report and witness testimony, a female police officer at the police station. A few hours later, five police officers were arrested.
According to the judge, the CCTV footage of the attack was removed, and the officer initially refused to apply for the stick they used to defeat the two men. Officers accused died at first transferred, and, as referred to in more severe actions grew, they were suspended.
There are several examples where the police have been very managed by residents regardless of whether they have been arrested or whether they are innocent people who approach the police to register complaints. For example, in April 2020, Mohammed Rizwan was beaten with Lathis and Butts rifles to explore his house, trying to buy biscuits. After such horrible treatment was handed down to him, he gave up due to injury after two days. Speaking legally, no police officers can physically beat anyone to arrest or force their production at the police station.
Available remedies
The rejection of basic rights to people who are detained is a punch forced to human dignity, influences from destroying someone’s personality. The court in India has been vigilant about human rights violations detained by providing liberal and broad and broad personal freedom of life interpretation. Obtaining effective drugs for complaints against the police is integral so that it can protect the rights of citizens. According to the National Crime Bureau, there were around 54, 916 complaints were reported in 2015, where only 16, 308 complaints were asked, but only 1122 police officers were truly demanded, and only 25 of them were punished. It seems that there is no logical explanation for poor police beliefs.
1. Police complaint authority
In the Assessment of Landmark in Prakash Singh V. Union of India, the Supreme Court, on a broad review of the authority of the past, cases accused the abuse of power by the police and reports of various commissions formed to provide recommendations for larger police accountability in India , , Directing Inter Alia, the establishment of police complaints (PCA) in all countries with the enactment of the appropriate law. As a result, in October 2006, the Ministry of Home Affairs established a committee known as the Soli Sorabjee committee to produce the design of the model of the police model to be included by all countries in preparing their respective laws that deal with the police in the state and replace the ACT police, 1861. The model bill puts a detailed part of building and regulates the authority dealing with complaints against the police.
The court has prescribed the minimum base standard that the bill must require police supervision. The bill created a PCA consisting of the chairman who will become a retired judge of the High Court and five other members at the state level. The Commission was also established at the district level for better administration and effective complaint disposal against the police. PCA was authorized to investigate complaints that accused all types of violations of police officers above or above the rank of police supervisors and into the complaint against officers under the rank of supervisors who accused death, rape, or effort to rape a woman in police custody or Extortion, take land and / or homes and incidents involving severe abuse of authority or other violations that refer to the Chief of Police or District Authorities. In connection with the things requested by PCA, the authority must have the power of a civil court based on a civil procedure code, 1908. The Commission can also take Suo Moto’s awareness of alleged abuse.
2. Legal responsibility
This obligation found basically in constitutional law and administration of violations of citizen’s basic rights. A police officer misused his authority to violate the right to life and freedom, protection against discrimination, protection against arbitrary and illegal detention, freedom to move freely throughout India, etc. Can be directed to constitutional law and can be directed at. Pay compensation for victims for danger or injury caused by it.
In Sebastian Hongray v. Union of India (1984), the APEX court provided compensation for two tortured women, suffered and harassed when they went to submit reports of people missing from their husbands. These women were taken to the army camp in Manipur by military officials, and their missing husbands had never been produced. Similarly, in Saheli V. Police Commissioner (1990), compensation was given because it caused death by beating a nine-year-old child in detention.
At Uttarakhand harsharshsamiti v. The situation rises (1996), held that the act of restrainting and detention is incorrect, the intentional shooting of an unarmed agitator, planting evidence to show false recovery, rape, damaging the evidence and harassing individuals cannot be said to be the action taken or intended to be done In the official disposal of police officers. Thus, exemplary damage was given to people who were killed and also women were raped or persecuted by the police.
3. Actions by the National Human Rights Commission
Under the protection of human rights, 1993, the National and National Human Rights Commission is given to the power to take good awareness of Suo Moto or in complaints made to accuse human rights violations by anyone. In this activity, the NHRC has the authority to intervene in any process against police officers and make recommendations in this regard. The story of the violence and mortality of the custodian, a fake meeting, atrocity by police officers, cases related to women and children can be reported to NHRC for supervision.
The commission consistently shows that hostile attitude towards law enforcement agencies, in turn, gave birth to violations of law and insults to uphold authority. One way to ensure the reduction of the instance is to ensure strict action, including prosecution, against the perpetrators of all forms of custodian violence. The Commission also recommends disciplinary actions against officials who deviate and provide monetary assistance to the victims or subsequent relatives.
Conclusion
With a stable increase in the number of cases of brutality of the police in India, it has been a great concern for human rights violations that need immediate action. It is inappropriate that the police took the law into his own hands and misused the legal process. Statistics show that the level of accountability and police confidence in officers is very low. The police become the authority of the main law enforcement and state integral structure, misuse of legal processes and strength by it is very dangerous for democracy and can lead to the state of anarchy.
It is very important that legislative and executive actions are taken to ensure free and fair investigations or investigations on the problem of police atrocities. Many times, officials responsible for such terrible actions were not punished. Senior police officers should not protect the person responsible for the Custodian crime. The attitude of sensitivity to human rights must be implanted through training and awareness programs. The mechanism must be developed to investigate the problem correctly by establishing a fair and impartial committee to see the problem. It is necessary that actions that are fast and effective are taken towards people responsible for violations of human rights, and mere suspension should not be consumed.
Although the Supreme Court directed the state legislature to form PCA at the state and district level, only 18 countries did it. Furthermore, there is a lack of awareness of the existence of PCA among the general public. It is also highly recommended that the appointment of authority was made by an independent body, impartial and impartial. Another major disadvantage of PCA is a recommendation not binding and only directed. Even so, the formation of PCA is a step in the right direction; Effective implementation and awareness will protect and preserve the rights of the public and the spirit of democracy.
Recently, to protect the interests of the people who were taken to the police station to be investigated, the Supreme Court in Paramvir Singh Saini v. Baljit Singh and Orsrr., Directing the government to ensure the installation of CCTV cameras and recording equipment in all interrogation spaces, locking is used by various investigative institutions.
