HUMAN RIGHTS

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 INTRODUCTION
 The concept of Human Rights tells a
detailed story of the attempts made
to define basic dignity. The denial of
human rights and fundamental
freedoms not only is an individual
and personal tragedy but also
creates conditions of social & political
unrest sowing the seeds of violence
and conflicts within and between
societies and nations.
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 DEFINITION

 Human Right is generally defined as

those rights which are inherent in
our nation and without which we
cannot live as human beings.

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HISTORICAL BACKGROUND
 No doubt the initial operation on Human Rights began in
1971 by Carter and his team but the basic source of human
right is the ancient heritage of India where Secularism has
been given a significant place in our religion.

 The freedom struggle in India, when viewed in its historical

prospective is also found to be a struggle for human rights.
Thus Democracy and Human Rights are closely intertwined.
Human Rights have a direct relationship with human
development and therefore the universality of human rights
demands an equitable global order.

 This year 10th Dec, 2008 will be celebrated as the 60th

Anniversary of Universal Declaration of Human Rights. We
have cause to celebrate the accomplishment made since
1948, on the road to ensuring fundamental freedom for
each one of us.

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 IDEAS & ETHOS
 In today’s growing division
between the rich and the poor, the
powerful and the vulnerable the
technologically advanced and the
illiterate, the aggressors and the
victims, the relevance of the
Declaration and the Universality
enshrined rights need to be loudly
re-affirmed.
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INDIA’S POSITION IN THE NATIONS
 In India despite extensive constitutional guarantees several
traditional norms and prejudices have been responsible for many
human rights violations Religious differences, the caste system and
discrimination of sex and regional groups are insure mountable
barriers to equality. Poverty is another continuing factor there are
parts of the country, such as the tribal belts that have been exposed
to the scourge of poverty, malnutrition and starvation. The poverty
eradication programmes have failed to mitigate the human tragedy.

 Still India has consistently maintained that international disputes

must be resolved by peaceful means for example India is the third
largest contributor to UN peace keeping with over 9000 personnel
from Army, Police and Para Military forces.

 The Indian Army troops deployed in Congo, Sudan and Lebanon

have performed commendably and their contribution has been
appreciated for United Nation and the international community. The
devotion dedication and commitment displayed by the Indian troops
under the Indian banner till to date has been par excellence.

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 IN HIS SPEECH GIVEN BY THE HON’BLE
PRIME MINISTER OF INDIA ON 9TH NOV, 2006

 He stated that “Development is not

just about our increasing the rates of
economic growth, but fundamentally
it is about translating this into
improving the quality of life of our
people to create opportunities for all
our people to lead a life of dignity
and self respect”.
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 HUMAN RIGHTS & POLICE
 The Term Police applies to a body of civil
officers charged with the responsibility of
maintaining law, order & peace and
ensuring the safety of life, property and
person of citizens.

 Thus the Maintenance of public order and

the control of crimes becomes the prime
function of the Police.

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 STATEMENT
 The statement of the Common purpose
and values of the London Metropolitans
Police (1990), a document which provides
the guiding principles for the police force
contains the following :

 “We must be, compassionate, courteous

and patient, dealing without fear or favour
or prejudice to the rights of others. We
must respond to well founded criticisms
with a willingness to change”.
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 THE POLICE IN INDIA
 The Police in India as well as in
London perform almost identical
functions. Yet our Police do not get
that kind of respect which the
LONDON POLICE receives. WHY ?

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 According to the observations of National Police Commission.
“Police-Public relation at present are in a very unsatisfactory
state. The most important factor which contributes to their
said state of affairs is the “Police look, Police language, Police
Walk, Police behavior etc. have special messages in such
peoples dialogue some Police Officers working among the
people are nicknamed as LION, TIGER, LEOPARD,
LIGHTENING, THRASHER, THUNDER etc. and the sort of
nicknames are the reflections of publics view about how
some of the Police Officers perform function amidst the
people.

 Secondly there is an allegation that the press and media

show an attitude of indifference, reluctance to public
violations of the Human Rights of Police by the people. As a
result the public have developed a feeling that human rights
violations are committed only the Police against the people
and not vice-versa.

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 Thirdly, Who is a police officer ? The answer is simple. A
police officer is one who is to protect the human rights of
others. How can a police officer function conscientiously if
he is not human rights friendly? A police officer, as pointed
out earlier, will experience uneasiness of his ‘human
conscience’ whenever he becomes human rights unfriendly.
Some do not have such uneasiness, because they have false
ego-concepts. They think that they can do so for ensuring
social welfare. They think that they are morally justified in
violating human rights. This is called ethical subjectivism.
Protection of human rights is a legitimate and grave duty for
policemen/officers who have responsible concern over
people’s life and property. If they do not show such
responsible concern, it shows that there is the defective
formation of ego-concepts. Many researches
prove that human rights unfriendly police officers/men are
those who suffer from defective ego-concepts and
consequent status threatening.

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 They are not loved, cared, attended to and were almost
neglected during their early development period.

 They suffered from a feeling of insecurity during their

early infancy and childhood.

 They had no love are victims of irresponsible concern

and understanding from their parents.

 Medical Examinations would prove that many human

rights unfriendly Police Officers suffered from high
blood pressure, high level of cholesterol etc. No doubt
they were ambitious people but the amount of stress
they suffered often resulted in making them depressed
in life.

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 On the other hand interviews with human
rights friendly Police Officers proved that
 They had adequate socialization during the infancy and childhood.

 The mothers were caring and they were keen to teach and train
them in the finer points in human behavior. The do’s and don’ts
were taught to them.

 Formation of human conscious with ethical emphasis was properly

given. The sugar ego was well structured and they could feel guilty
whenever they did wrong.

 They received mild punishment and the punishments have more of

corrective contents in them.

 Most of them were God fearing and religious. They had a value
developed system in them.

 There schoolings were better then the same among the human
rights unfriendly Police Officers.

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 IMPRESSION OF POLICE
STATIONS
 In a study conducted in India collecting the felt impressions
of the people about police stations, it has been brought out
the conditions of police stations are abhorring and this is
clear from what the general public see in police stations
as–

 constables in boots causing notice.

 men in lock-ups and sometimes in humiliating dress.
 harsh look and sometimes damaging comments.
 threatening manners and behaviour.
 occasional use of filthy language.
 suspicions look with an unsympathetic attitude.
 atmosphere deserving hatred and contempt.
 indecent methods for eliciting money and favours.

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 GENERAL IMPRESSION OF
POLICE STATIONS
 The Administration and the authorities
know the sad situation, yet they do not
move their little finger to rectify the
position. A human rights unfriendly police
climate can bring forth a human rights
unfriendly attitude, a human rights
unfriendly approach. Hence it is necessary
to approve the sources of human rights
unfriendly climate before one makes
attempts to create surface atmosphere to
the convince people that police are human
rights friendly in their behavior.
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 4 Ps.
People expect 4 Ps. from Police. They are
Prevention, Protection, Provision & Participation.

 Police have to Prevent human rights violation

from police itself and then from the people.
 They have to Protect human rights by becoming
human rights friendly.
 They have to make Provisions for both
prevention of human rights violation as well as
human rights protection.
 Finally they can do it only with the Participation
of all ranks in the police and from the people.

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ACHIEVEMENTS & EXPECTATIONS
 Police officers/men have some
expectations. But in reality, they can not
and do not achieve their expectations.
Then they become frustrated. When they
feel frustrated, they resort to human
rights violations as a defence mechanism
to the frustration-causing situations. If a
police officer’s expectations are in excess
of his achievements, then he becomes
human rights unfriendly. On the contrary,
if his achievements are in excess of his
expectations he becomes human rights
friendly.
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Interview conducted in many police officers to know
the reasons for police violations of human rights.
According to them, the causes of police violations of
human rights are:-

 Ignorance about scientific methods of investigation. This

makes them to resort to many obnoxious tactics during
investigation of crimes.

 Ignorance about human rights themselves and

misconceptions about police authority and power.

 A tradition of human rights violations and the existence of

a facilitating environments for violation of human rights of
people through lawless law enforcement strategies.

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 IGNORANCE
 When 70 police officers / men were interviewed by the human
right activists and asked them : “Have you recently read a
professional and scientific book on police work”. It was found
that nearly 95 percent of them said “No”. How can these
policemen / officers are supposed to be professional in police
work perform their job in a professional way if they do not
equip themselves with the latest information the field ? How
can they create new ideas or even be aware of the recent
trends in police work if they are not open to acquiring
information ? Just go to a police library. It is quite possible to
see that many of the police libraries have a few number of
periodicals, journals and research publications of police
interest. Notorious and sensational cases of custodial rapes,
custodial murder, binding episode etc. have been instances in
point. How to remove the darkness ? – the ignorance ? The
only way is lighting candies and it can be given only through
education, training and research in police department. they
must be undertaken by competent experts suitable to perform
the job in a meaningful way.

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 HUMAN RIGHTS FRIENDLY –
UNFRIENDLY ASSOCIATES
 If two people are of equal rank, then it is easier
for both of them to work together if they have
human rights friendly nature and approaches. On
the contrary, if they have human rights
unfriendly nature / approaches, then they can not
work together for long. If one of them is human
rights friendly, then conflicts may come up
between the two. There are a number of
instances in which batch mates have become
hostile to one another owing to human rights
unfriendly nature of certain people among them.
Their hostility affects the functions of the
department negatively and becomes a cause of
the loss of reputation of the department.

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 CREATING A NEW POLICE SUB-
CULTURE
 Psychologists may say that some police officers do not have any guilt
feeling even during or after they shout at people with indecent
expressions. When a person does not experience guilt-feeling for
doing an act forbidden by law or ethics-which ordinary people in
similar situations do experience – he is rightly called a psychopath.
Are the police functionaries psychopaths in this area of police
performance ? A study about fresh recruits to police showed that they
did have guilt feeling when they uttered indecent expressions to other
fellow beings. If that was true, then how could they become
psychopaths once they were full-fledged police officer/men ? The
explanation for the development of psychopathic personality-disorder
among the police is that they are, after their institutional training,
inducted into a sub-culture in which use of indecent language is an
accepted norm of behaviour. It is this ‘permissiveness’ or laxity to use
indecent language during the post-institutional training period which
makes the new entrants to develop psychopathic personality-
disorders in later life. A conscious attempt on the part of everyone in
the police to eradicate the filthy environment at the cutting edge level
is the only and of the human rights of people handled by the police,
but also the morality of the society and professional ethics of the
department.

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 AMNESTY INTERNATIONAL ON
HUMAN RIGHTS
Amnesty International has made a 10 point programme
specifically for India to combat torture by police. They are–

 Adopt an official policy to protect human rights.

 Investigate impartially all allegations of torture.
 Bring the perpetrators to justice.
 Strengthen safeguards against torture.
 Inform detainees of their rights.
 Train the police and security forces to uphold human rights
and reform the police.
 Compensate the victims.
 Provide torture victims with medical treatment and
rehabilitations.
 Investigate the causes and patterns of torture.
 Strengthen India’s international human rights commitment.

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 DEVELOPMENTS IN TRAINING
PROGRAMS
 In 1973, Government of India appointed a Central Committee to
make recommendations for the improvement of police training. The
Committee prescribed a training syllabus which did not contain
anything about human rights. Resultantly, human rights and the
responsibility of police to protect such rights were not taught in
police training institutions.

 The police training institutions in India may be slowly introducing

the concepts of human rights in the curriculum for the training of
officers / men. Amnesty International has urged the need for
organising intensive programme of human rights education as a
standard pan of the training curriculum for al police officials. The
National Human Rights Commission has already instructed the
Universities and higher centres of learning to include human rights
in their syllabi for various courses conducted by them. This will
enable the public to know more arresting, detaining, interrogating
and dealing with people. Likewise, the inculcation of the finer points
in human rights to police officers will make them aware about their
obligations, duties and responsibilities to protect the human rights
of citizens when they interact with them.

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 NON GOVERNMENTAL
ORGANIZATIONS
 There are a number of international and national non-governmental
organisations interested in the protection and promotion of human
rights. They should take up the responsibility of educating the public
rights. They should take up the responsibility of educating the public
and the police functionaries about India’s commitment to
international movement for upholding human rights. The Indian
Society For Human Rights to All and Equal Justice to Criminal and
Victims is a non-governmental organisation devoted for the
promotion of human rights in India. The Society has, inter alia, the
following objective: “To make the public conscious and aware of the
utter disregard and contempt for human rights shown or expressed
by any persons or from any quarters and the prepare them to guard
against such inhuman and barbarous acts which outrage the
conscience of mankind and to make them enjoy all fundamental
freedoms including freedom of speech and belief, freedom from fear
and wants which are regarded as the highest aspirations of the
common man”. The Society also advocates that ensuring equal
justice for the crime-doer and victims is very essential as the crime-
doer or the criminal has a human right to get the justice no less than
the same ensured to the victims in a crimino-victim justice system.

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 REMOVAL OF PUBLIC DISTRUST OF
POLICE
 People have already developed a feeling that police cannot
protect human rights rather they violate them, more so in the
case of socially and economically handicapped people. Many
people believe that the courts alone can protect citizen’s rights
but to get them protected requires a lot of money, energy and
time. The police also have started realising that they are not
trusted by the people so much so that they have already
developed complexes which make them to see the judiciary as
their rival. This is indeed bad and quite unwarranted. There is no
need to think that the judiciary is pro-police or anti-police. It is
neither and therefore every step should be initiated at all levels of
police to eradicate the distrust which the people have developed
against the police. The police should project their image as the
protector of human rights, individual freedom and fundamental
rights. Police neutrality is what is required here. Although, the
potential for police excesses, abuses, over-enthusiasm, inaction
exist in all types of States, it is a characteristic of civilised liberal
democratic regimes that this potential for abuses, excesses,
inaction and over-enthusiasm are kept under acceptable limits
and controls.

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 SUICIDAL DEATHS IN POLICE
CUSTODY
 “A suicide After All” – attitude is most objectionable. Why do people commit
suicide ? – that part in never looked into. As a prevention for detainees
committing suicide in police lock-ups, a senior police officer holding the rank
of a director general police station to see that no weapons or articles that can
facilitate escape or suicide like bamboos, ropes, tools etc. are within the
reach of the lock-up”. A reading into the suggestion by the learned director
general may show that people in police lock-up commit suicide because they
have accessibility to weapons or articles that can facilitate suicides. The real
cause behind their decision to commit suicide is not taken into account while
the recommendation is made; rather the means that may be adopted are
taken note of. Here the custodial aspect is taken care of and no one has
bothered about the causative aspect of suicidal attempts by the detainees.
Should the law treat every suicides in custody just as a suicide or something
more than a suicide’ ? Should the law not take notice of the precipitating and
pre-disposing causes of suicidal deaths in police Custody” ? Can’t a social
investigation followed by a judicial inquiry bring out the pull and push factors
behind suicidal deaths in police custody’ ? Of course, the police manuals and
departmental circulars do insist on several measures to safeguard the
interest of the detainees as well as their custody. Here too, tile, custodial
aspect is taken care of and the human rights aspect is ignored. This is an
open secret and therefore, it must be insisted that there should be a total
obedience to the departmental circulars and instructions.

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 INTERROGATION
 The ordinary dictionary meaning of the
word interrogation is “to ask questions of
a person especially closely or formally to
obtain information”. This common word
has now attained a negative connotation
associated with violence – physical or
psychological – in law enforcement
context.

 Investigation of all person should be done

keeping in mind the dignity of human
beings.

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 It is necessary to keep in mind the
basic principles of natural justice :
 Presumption of innocence : everyone is
presumed to be innocent till he is proved
to be guilty of a crime in a court of law,
Till conviction, he does not become a
prisoner and though in custody, he is
entitled to all rights.

 No one can be compelled to plead guilty to

any crime.

 Everyone has a right to silence.

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 DEVELOPMENT OF HUMAN RIGHTS
FRIENDLY POLICE APPROACHES
 A climate of human rights friendly approaches must have to be created for
the development of human rights friendly attitude in police officer/men,
After 1993, attempts are made all over the country for the same. After
nearly 6 years, doubtlessly there has come some changes in the climate. I
find that there exists some changes in the climate. I find that there exists
some confusion in the climate. For, many do not have clear concepts about
human rights.

 “Usually a man goes to a police station only when he is in distress and

most People come in direct contact with the police only when they need
their help. When a man meets a police officer in such a situation, the
minimum that he expects from the police officer is a patient hearing
accompanied by an understanding and sympathetic indication of the
possible police response to provide relief. It is at this point of contact the
police officer’s conduct and behaviour shows not just a total lack of
sympathy and understanding but a positively hostile, rude, discourteous
and unhelpful attitude, thereby contributing to the immediate worsening of
police-public relationship. We consider it basic and fundamental for
promoting heal-thy police-public relationship that every police officer
develops and attitude of utmost courtesy and consideration combined with
sympathy and understanding towards nay member of the public who
comes to him for help”.

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 Hence effective communication between the
police and the press and also with the public
helps each one to understand and appreciate one
another’s point of view in a changing society. In
this way the police will be in a position to
understand how far they have succeeded in
discharging their duties properly in contemporary
society and to what extent they have been able
to efficiently perform their tasks. There will not
be any scope for misunderstanding between the
police on the one hand and society on the other if
there is a two way communication process.

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 FREEDOMS FOR THE POLICE TO
BECOME HUMAN RIGHTS FRIENDLY
The police in India are still under the colonial culture of behaviour. They are
not yet free. The first step to be initiated for the Indian police to become
human rights friendly is to set them free-to liberate them from the colonial
past. My studies on police make me to list out the police ties with the colonial
culture. They must be free and must feel that they are free. The freedoms are

 Freedom to behave human rights friendly with people without pressure,

coercion and threats;
 Freedom from superior political powers and officers to act in a human
rights friendly way to anybody without discrimination;
 Freedom to communicate with superiors without rank barriers;
 Freedom to do a particular job in an unhurried way;
 Freedom to do things as per law and the procedure established by law;
 Freedom to enjoy the sweetness of human rights friendly behaviour;
 Freedom to speak to others and many more.

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THANK YOU

JAI HIND
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