International Politics and Human Rights being my interest topics, this weekend I had wonderful opprotunity to submit and present my paper on Human Rights Violation on Prisoners at S.V.University, Tirupathi & another paper published in separate post titled "UN Reform issues & challenges in 21st Century, at Taminlnadu Dr Ambedkar Law University, Chennai. For records I am publishing those papers here. Though are lengthy one, hope research scholars, students & NGO's will see valuable use of points highlighted and emphasised in protecting the human values.
Thank you
Devarajan G
Paper 1 : "Role of the police and law in protecting the human rights of prisoners"
"Justice that love gives is a surrender, Justice that law gives is a punishment.” - Mahatma Gandhi."
In law, If a commission of an act is a crime than if the same law commits a human rights violation, than it is also a crime – Devarajan G
World over, criminal administration has become the key factor that is violating the fundamental rights of the prisoners. Power, Race, Victimization & Delay in Justice are some key elements that add to the violation of human rights.
“Human Rights violation in custodial & lock up is more than the terrorist attacks”
Troy Davis, Reggie Clemons & Arivu (Perarivaalan) are few among thousands who faced & facing biased trials. Victimized by situations, undergoing tortures & facing execution orders by the same justice system, which is suppose to uphold the truth & fundamental rights of human beings. Some of the sentenced prisoners never even produced before the court, but still spending more period in congested jails than the actual punishment period.
Lack of effective laws, identification, under trial handling, infrastructure, legal remedy, prison environment, custodial deaths & tired police duties are some of the biggest evidences of failure in criminal administration system which is happening worldwide.
In 1955, First United Nations Congress met on the topic “Prevention of Crime and the Treatment of Offenders” held at Geneva. This congress made observations and proposed Basic Rules in administrating the trials and criminals.
Even after 55 Years, the most developed and developing nations under UN umbrella still not following these basic rules. It is very essential for law professionals & criminal administrating officials to understand these rules and uphold the Human Rights under Criminal administration system.
It is the duty of the nation to study the facts behind such violations, analyze reasons, frame solutions & implement efficient systems in place.
Violations on Prisoners
• Illegal detention
• Custodial Torture
• Custodial Deaths
• Custodial Rape
• Prison living standards
• Lack of categorization
• Lack of rehabilitation
Reasons
• Illegal detention
- False FIR
- Duty/urgency of police personal to close the case FIR
- To force to accept/admit the crime
- Power, Politics & Community support
- Corruption
- Never produced in court, before magistrate
(Over 90% are not yet convicted in Tihar Jail)
- Criminal procedure code, Sec 167 Bail linked to financial ability.
- Political prisoners
Incarceration, even if the person has not been convicted, is damaging physically and mentally and may irreversibly change the life of the individual socially, financially and emotionally.
• Custodial Torture
- Forces still using century old crime enquiry methods, mainly physical & body parts hurt methods.
- Immature behavior of under trials/prisoners against officers. (Prisoners igniting EGO on police officers without self knowledge & intention).
- Talking of Human Rights.
- Abusive words used, to threat the custodial persons.
- Ill/degrading treatment
• Custodial Death
- Suicide by inmates, to get relieved from mental & physical torture
- Use of weapons during interrogation & enquiry
- Abusive words & insulting
- Mentally & physically weak prisoners in same cell/group.
• Custodial Rape
- Lack of women police stations and women constables.
- Closed atmosphere
- Weak representation by relatives, friends & lawyer during arrest
- Unavailability of legal prostitution
• Prison living standards
- Availability of cells & inmate population of cells, shortage by 50~60%
Average. Where 2 inmates are suppose to stay, 3 ~ 4 inmates are staying.
- Urinal smelling cells
• Lack of categorization
- Not categorizing under trial & convicts
- Not categorizing murder convicts & small crimes
- Not categorizing by Age, physical & mental abilities
- Not categorizing by attitude, jovialness & discipline
- Not categorizing ill patient under trails & criminals
• Lack of rehabilitation
- Jail life considered as a punishment rather than reformation, rehabilitation.
- Lack of motivating mentors & police personals for rehabilitation.
- Lack of measurement standards in Judicial system.
- Lack of Education system inside prison environment.
Solution Suggestion
• Illegal detention
- Judicial representatives should visit the police station/detention centers everyday including holidays.
- Public lawyer offices inside every police station
• Custodial Torture
- Educate Police officers to categorize under trials & prisoners
- Interrogate based on the charges & degree of crime
- Police officers think that torturing is the best way to get the truth out of mouth, many under trials may accept the crime to avoid such torture.
- Use latest technologies than physical body parts and mental torture.
- Don’t allow police officers to continue their duty on consecutive shifts on the same day. (Replacing absentees)
• Custodial Death
- Install Cameras everywhere possible
- Allow lawyers and close relatives to discuss on problems/mental depression hold by the inmates.
- To run counseling centers inside Jail by external counselors, specially by NGOs or Law professionals.
• Custodial Rape
- To handle custody of women only in Women police station & women police.
- No women should be in custody under men police supervision.
- Strictly follow, no arrests of women during nights or transportation in nights
• Prison living standards
- Jail infrastructure improvement, One cell maximum 2 persons
- Good ventilation
- Good lighting
- Rehabilitation facilities, Class rooms, Freely accessible library
- Motivational & conduct development Videos broadcastings.
• Lack of categorization
- Strictly follow categorization of under trial & convicts
- Strictly follow categorization murder convicts & small crime convicts
- Strictly follow categorization by Age, physical & mental abilities
- Strictly follow categorization by attitude, jovialness & discipline
- categorization of ill/weak patient under trails & criminals
• Lack of rehabilitation
- Jail life considered as a punishment rather than reformation, rehabilitation.
- Implement/allow motivating mentors to visit inmates
- Rehabilitate police personals to get into more social approach
- Improve measurement standards in Judicial system, specially analysis tools & behavioral attitudes between jail administrators and prisoners.
- Education system as primary punishment, inside the prison environment.
Conclusion
As of today, the atmosphere of both the police personals & prisoners are not up to the best of humanitarian standards. Extensive duty hours of police personals & shortage of police officers may be the reason leading to the authoritative behavior in implementing laws, specially the arrests, interrogations & detentions. The recent on duty suicides of police personals on duty is a great evidence of the lack of free environment on police personals itself, they may be Human Rights violation in itself, namely the excessive/forced duty hours.
Other social factor, is evident that the school children even dare to talk to or look at a police officer, though it may be a good reason to threat babies to feed food, but approaching an young adult needs a better relationship and communication methods. Indeed strong need to create a respect .
The law, the judicial system which is suppose to revamp the criminal administration itself is not capable of fulfilling their requirements, specially to create infrastructure and deploy sufficient officials to deal with the incarceration and get down the ratio of un-convicted under trials to 0% which is now more than 70%.
Consecutive days of handling of the hearing and proceedings can drastically bring down the under trials to justice. By these acts criminal administration can also curtail the crimes happening outside and inside the criminal administration system. Rehabilitation indirectly lies here.
Supporting Statistics
The 2010 Indian government data in the regard of under trial prisoners gives a hopeless situation.
1. The Indian criminal justice system is near to breaking point as 300,000 people or 70 per cent of India’s prison population consists of those awaiting trial facing a morass of judicial delays, according to a research paper discussing the current state of the Indian criminal justice delivery system.
2. Many Indian prisons are between 100% to 200% over capacity/crowded, where conditions are squalid and the weaker inmates face serious physical harm Inhuman conditions
3. The figures of Amnesty International in 1992 showed the number of deaths in police custody in India during the year 1985 to 1991 was 415.
4. National Crime Records Bureau show that during the year 1990-92, as many as 258 rapes and 197 deaths in police custody were reported from all over the country
5. Supreme court has emphasized that Art 14, 19 and 21 " are available to prisoners as well as freeman.
6. Art. 142 empower the Supreme Court to ‘make such order as is necessary for doing complete justice in any cause or matter pending before it
7. Chapter V of the Criminal Procedure Code 1973 deals with the powers of arrest of a person and the safeguards which are required to be followed by the police to protect the interest of the arrested person.
8. President's assent to the Protection of Human Rights Act came in to force on September 28, 1993. Section 3 of the Act provides for the setting up of the National Human Rights Commission (NHRC) and Section 21 for the setting up of the various State Commissions (SHRC)
9. The National Human Rights Commission in its Annual Report of 1997-98 records that during the year 1996-97, 188 deaths in Police Custody were reported and during the year 1997-98, 193 deaths in Police Custody, and 700 deaths and 819 deaths respectively in judicial custody were reported to the Commission
10. Code of Criminal Procedure “436-A. states the maximum period for which an undertrial prisoner can be detained:-
PDF File
Seminar_2011_DevarajanG.pdf (257.96 kb)