Publicly Traded Hearing Aid Stocks
WARNING VIOLENCE (An inquiry into its causes)
Violence in prisons is a dark reality of our democratic country governed by the "rule law. There are many cases where it was examined that how the torture was inflicted, or who are the culprits or obtain compensation in this cases of custodial violence. However, very few attempts have been made to analyze the reasons for prison violence. This article is a humble attempt analyze the reasons for prison violence, and this process will attempt to challenge some myths raised by the Realty unexamined.
There is said that torture is essentially an instrument for imposing the "will of the strong over the weak". However, the above statement only states the obvious. It is clear that only a strong can torture the weak and not vice versa. The central question is what is the "will" that the strong (read police) want to impose on the lowest (read people). If we understand that "which is imposed, while we understand the causes of violence in prisons.
One of our former Union Law Minister said once that you can not interrogate the criminals over a cup of tea! It is another legendary logic. It is proposed why violence custody is necessary to know the truth and evidence to prosecute a criminal. His thesis is that a certain amount violence is necessary to obtain information on criminals. If this logic is true, why not apply it to the highest Echelon our policy. Let us examine the high political and I'm sure a lot of gore that crime be released in an open environment. We can examine the bureaucrats high and many innovative ways of corruption and impartiality released. And if this is against corruption and crime will be removed from above and there will not be a crime! In any case, our public representatives and officials are concerned that in the public and they will be ready to offer himself for interrogation and violence in the interest of society … … … Why not this?
The logic is, in itself, very dangerous and when it is applied, it will certainly be misused and abused. Any form of violence, arbitrariness and injustice are still victims of violence against the poor and defenseless. Thus it becomes very important, especially for the masses and the ordinary people (MAO AADM) reject justification on the very front of her. And why only the truth, violence can get anything out of ordinary mortals, even the most blatant lie. Let's see cases that were reported in the name of KV Rajendran Inspector v / s Police (2001 4092 CriLJ Mad). In this particular case, a teacher was captured by the Prefect of income during the night. The RDO suspect that the professor had complained against him to the higher authority on timber smuggling teak. He was mercilessly beaten by the officer in the presence of Tahsildar, Revenue officials and police. He was forced to sign false confessions. Of officials were in collusion with the perpetrator or who were inactive. Several of them have made false statements. Just watch this question and the statement of confession. It should be noted that our legislatures are liberal in the power of examination and registration statements on various officials. These statements are admissible in court of evidence on the legal reasoning that revenue officials are not policemen. It is an important piece of evidence, but only on the basis of which the conviction can be done? Distraction! Returning to prison violence. Thanks to custodial violence that is extracted is not the truth, but something that the interrogator wants to hear. The will of the interrogator is the "will" which wants to impose on the high low.
We must understand that violence guard have nothing to do with justice, truth or order society. It is widespread in most societies opposed to the principles of law and justice, the most opposed to all principles of civilized society. And this is the reason Honourable Supreme Court in DK Basu case described prison violence as the worst form of crime in a civilized society. Then he also continues: without punishment.
Another point we should keep in mind that only the poor and the less fortunate people who cons prison violence is used. With few exceptions, it is never used against the rich and powerful note or criminals. Stories are emerging every day the scale of criminals live in luxury in judicial custody UO different parts of our country. Politicians prefer to stay in plush guest houses where in judicial custody while the government must do is declare a guest house for a prison temporary period. Everyone knows that the King Pins stamp paper scam were housed is more flat in Mumbai upscale, while remaining the custody of the police. So the question arises, Why is it only used against the poor and petty criminals? One obvious reason is that they are not able to self-protection (protection of that!) This is also true, but the reasons are much deeper.
With due respect to certain officials Police honest and hardworking (I'm sure they exist), it is no exaggeration to say that our police are corrupt to the core. And we all know that when we are dealing with a police officer on the road or senior officers in the police station. Asian Age reported that the police 10-7-2000 body the most corrupt government. Some officers are known to support and promote crime. A senior police officer said once the police station will most to more crime. The Hindu (02/01/1998) reports that UP 100 policemen were dismissed, 183 suspended and action was taken against 576 police officers for alleged nexus with criminals. I think it is only a tip of the iceberg. And it is difficult to count how many police officers are facing charges heinous crimes like murder, rape and decoity. "A woman police officer was threatened and offered money to a rape victim to end the case, inquiry ordered (TOI, 01.09.2004) ". Remember the logic of the state to report the conviction poor – "Cookies" turned hostile. And if they are not all police officers, certainly every police station is guilty of a crime of violence prisons, corruption, extortion in the name of hafta etc. Then comes the fundamental question: to what extent the police are interested in the fight against crime? "
At a superficial level, corruption in the police is based on fear of the police. If people are not afraid of the police, nobody will give you hafta or bribe to the police. Without fear it is difficult to extort money from the accused. Violence in prisons is the tactic by which the police maintain his fear among people in order to obtain money from corruption. "High Court ordered measures against an SHO for illegal detention and harassment of dealers who refuse to pay hafta to police (HT 07/04/2000). "See another example, when a trader has refused to pay hafta to police, he was abused, handcuffed and assaulted (TOI, 11/04/2000). History tells us that the decision class have always extract money from the poor class, either by begging, etc. Nazrana for centuries. Moreover, even in India corruption of democracy have been justified as being omnipresent, money velocity, grease the machinery of governance is so corrupt modern form by which the ruling class or their agents to steal money and resources of the working class poor.
The police is required by the law to investigate cases impartially and in accordance with the law. Police get money against corruption to depart from this impartiality in the case investigation and the accused, if not rich and powerful, is always on the wrong side of the deflection so impartial. "The chairman of the NHRC said that 60% of the arrests made by police was unnecessary and unjustifiable. Even in heinous crimes, the acquittal rate is higher than 80% (TOI 14.03.99). "Here, violence in prisons is necessary to extract false confessions, recoveries planted, witnesses stock, planting false evidence, etc. to make the case against the accused. In general, defendants are not treated in accordance with the law by the police. To keep them to complain to higher authority or the courts, it is necessary to break the will of the accused. Again, prison violence is a useful tool in the hands of the police. Through violence, detention, fear can be Breaded in the minds of the accused and members of his family when no complaint is filed against the police astray. It is not surprising in a small number of cases, any small complaint is filed against the police erred in our country when the stories of violence in prison is an open secret.
All fights injustice is done by the human mind and the power of man. Since police itself against the accused, especially when he is poor, it is necessary to insult and humiliate in order to break his spirit and will. This humiliation technique is also useful against people who are political opponents who dare challenge or injustice in the system. Various techniques of humiliation like forcing the person to sit on the floor, stripping, forced to do slave labor, parading in public etc. are applied outside of prison violence to break the spirit of the man of the victim.
Governance in democracy is based on the popular will. Nevertheless, violence is known to have been used to ensure good governance which the government of the day is not keeping the popular will. The excess over the period of emergency is a point worth noting. Higher amount of violence in terrorist affected areas are also based on this doctrine. The fear of the police must be held for that purpose. This explains the government's apathy in the fight against the problem of violence in prisons with an iron hand.
The courts, especially the higher judiciary and National Human Rights Commission has taken some concrete steps to end this inhumane practice. But their approaches are insufficient to say the least. The approach is subordinate judiciary is not very encouraging. In one case, the Delhi High Court ordered that whenever an accused is brought before the magistrate, it is his duty to ask the accused he has been mistreated in custody. We do not see that happening in the subordinate judiciary. One of a magistrate never allowed an accused to sit in his yard, and discrimination against the accused may be hailed by some as the cruelty! In elsewhere accused were not allowed into the courtroom with their shoes, and Magistrates watched this discrimination calmly judicial … … … … political freedom came to us, but we continue with the colonial practice of humiliating the inhabitants before pillars of colonialism. In any case, we continue to have the same Police Act, procedures and even the same state of mind. Regarding junior legal rights, let me quote a member of the judiciary district, part of the judiciary district for ten years, I know it is a fact that only 10% of trial judges is familiar with the provisions of the Constitution. I know that judges have not seen the text of the Constitution "(fight against the law, December-January 2004). Need I say more?
Even the highest courts NHRC and have not come on the case of violence in prisons in the right perspective. Emphasis is placed on the granting of allowances or referred Rather than treating the incident as an attack on the rule of law. In cases of torture of a person (case No. 3069/30/1999-2000 of NHRC), the Commission ordered compensation of 10,000 and Investigation Department. However, the registration of FIR for assault in custody (Article 331 of the IPC, 10 years RI), resulting in malicious prosecution (offenses against public justice), the manipulation of the official record and so was not recommended, although the investigation led to these facts. Each time the survey points for commission of these offenses FIR must be registered the heinous crime of custodial violence can not be controlled or sufficiently punished by the Department's investigation and transfer. Similarly in case no. 21883/24/98-99 of NHRC no direction was issued by the NHRC. In these cases, I feel the compensation ordered out of money Public paid by ordinary taxpayers is neither desirable nor morally defensible. The state has an indirect responsibility in these cases, the primary responsibility is that of the perpetrator and it must pay in civil and criminal liability.
I apologize to offering suggestions, but my readers must forgive me for my incorrigible in this respect. In case of serious violation of the NHRC should leave directly for the victim. He can file FIR on behalf of the victim. He may file a criminal complaint on behalf of victims. It may take the help of legal aid committees to support if theses. He may enlist volunteers (lawyers, retired judges, citizens public mind, etc.) in various parts of the country to assist the Commission in its noble task entrusted to this subject by representatives of the people. Public wrong must be resisted by the will and strength of the people. Probably, we started waiting many of the NHRC. Higher expectations of the public must always be regarded as a great compliment to an organization serving the public. Bravo.
Then the final state of this form of inhumane practices? Does the state have the political will to put a brake? The answer is simple. The state nothing right or wrong, it does only what is inevitable. What is needed is individual empowerment. It can be done by NGOs or association of persons condemns this violence, which attacks the very root of the rule of law on which our civilized society is based. The only thing that is necessary is "freedom from fear" so that every violation of the law is declared without fear, without fear complained, pleaded no fear and condemned without fear.
About the Author
I am an advocate practicing in the field of Central Excise, Customs, Service Tax and Foreign Trade Policy. I have some experience in these areas, firstly as Indian Revenue Service officer and later as Consultant & Advocate to handle these matters. I head a full service law firm, in the name of “Rajesh Kumar & Associates”, who takes up matter in these areas. I am being assisted by many talented and experienced lawyers, accountants and other supporting staff.
I am also into writing on these laws & other areas of law, and many of my papers has been published in journals, like Excise Law Times, The Hindu, Economic & Political Weekly, Combat Law, Legal News & Views etc. I am a regular columninst on News & Reviews, providing updates on Indian Laws.
Off: 323, FIE, Patparganj Industrial Area, Delhi. 110092, Ph: 011-43054842
custom.excise@gmail.com
www.rajeshkumar.co.in
Davos Annual Meeting 2010 – Rethinking Values in the Post-Crisis World