INDIA: Policing in India only works when it affects the rights and security of the rich and influential, for the poor and needy… who cares!

The presence of the Prime Minister calls for additional security and protection. With protection and security being the job of the police, they will be on their toes when it is a matter concerning people like the Prime Minister, Governor and other ministers in India. The reason is simple; because these persons, if they wish, could take action against those officers who fail in their duty. Additionally there are other officers appointed who are given the exclusive responsibility of ensuring that those who are in charge of the security and protection of these important persons do not fail in their duty. Everyone works meticulously so that everyone is safe, both the security of important persons and the job-security of the police officers. However, when it comes to the protection provided to the Prime Minster during his recent visit to Kerala on 31 October 2006, the Kerala police showed their real colours. The motorcade taking the Prime Minister from the airport in Trivandrum to the state government guest house got lost on the way and the Prime Minister and his entourage got stuck in transit. Immediately orders were passed, inquiries were ordered and within forty eight hours the report is expected to be submitted regarding the incident. The driver of the car which the police allege is responsible for losing track of the route to be followed by the motorcade was detained and questioned and some subordinate officers were suspended. It is reported by government sources that the entire trip was rehearsed at least eight times before the Prime Minister arrived.

 

On the same day the Sub Inspector of Police stationed at Thrissur East Police Station, Mr. N. Muraleedharan, assaulted an elderly person who was squatting in front of the Government District Hospital. The assault was photographed by a newspaper reporter of  vernacular daily Mathrubhumi. The officer who saw the photographer taking snaps demanded the film and the camera be handed over to him. The reporter refused and the officer took the reporter and his camera to the police station. It was later, after the intervention of the senior police officers that the reporter was released. The photograph and the news is reported in the daily.

The Indian Criminal Procedure Code (1973) prohibits use of unwarranted force by the police. Section 46 and 49 of the Code mandates that unnecessary force must not be used while arresting a person. However, unruly and often brutal force is used by the police not only during arrest, but also during the investigation of a crime. When the Supreme Court of India could not bear anymore complaints, it made a decision concerning a case which it had at hand – more commonly known as the D. K. Basu case – ordering the government to ensure that policing meets the mandates of law. The court also issued guidelines, which are more of the nature of directives to be followed without failure in the country. This judgment was passed by the court in 1996. If anyone thinks that this has improved the overall state of policing in India, they are wrong.

The Asian Human Rights Commission (AHRC) has reported a few hundred cases since then in which the police has used brutal force, including cases of custodial torture. The AHRC, through its urgent appeals programme, has called upon the government of India to take appropriate actions in these cases. Not in a single case has the government shown any interest in taking action against these officers. For further information regarding these cases please visit www.ahrchk.net/ua

Thrissur houses at least a few offices of senior police officers in addition to the District Superintendent of Police. The Central Range Deputy Inspector General’s office is within two kilometres of where the incident of assault happened.

At this juncture the AHRC wish to pose a few questions. The Mathrubhumi Daily, a Malayalam daily published from Kerala is read by several hundred thousand persons. Has there been any action taken against the police officer who assaulted the elderly person at Thrissur? If not, why is it that the higher police officers stationed in Thrissur are ignoring this case and why do they not want to take any action against their subordinate officer in spite of clear photographic evidence regarding this case being made available? Why has the High Court of Kerala taken no interest in this case in spite of the fact that the action by the police officer as shown in the photograph is a clear violation of the directives issued by the Highest Court in the country? Is it because the elderly person who was assaulted was not the Prime Minister of India?

The action of the police officer in taking into custody the reporter and detaining him at the station is a clear breach and misuse of authority. Why is it that the superior officers are keeping silent about this illegal and arbitrary detention? Is it because the newspaper reporter is just another average Indian?

Does this mean that law applies in different ways for people like the Prime Minister and the ordinary people? How many constitutions does India have?

 

Document Type : Statement
Document ID : AS-271-2006-2
Countries : India,
Issues : Police violence, Poverty & adequate standard of living,