Tamil Nadu - Chennai   

“Keeping detainees in nude is against fundamental rights”

CHENNAI: Keeping humans in the nude in a police station is against the basic human dignity and the fundamental rights enshrined in the Constitution, the State Human Rights Commission has said.

Passing orders on a complaint of ill-treatment of innocent persons by the police, the Bench, comprising Members Justice S.Thangaraj and K. Mariappan, said public interest required that violation of the rights of the poor and the innocent should not recur.

R.M. Masilamani, MDMK union secretary of Rishivandhiyam in Villupuram district, complained that in July 2005 on hearing that eight persons were kept naked in the Rishivandhiyam station, he, along with some others, went there and found the detainees, including three of a tribal community, kept in the lock-up. They photographed them. Enquiries they made revealed that some of them were on their way to irrigate their land at night when they were picked up by the police for no reason. The tribal people said they were picked up while they were going for hunting rabbits. Later, they were kept naked. As photographs were taken, the police thought it fit to release them immediately. The Superintendent of Police, Villupuram, transferred the erring officials. He failed to take any further action.

Sub-Inspector Sekar and Head Constables Venkatesan and Rathinavel were cited as respondents. In his report to the Commission, the Superintendent of Police said that after an inquiry, the Sub-Inspector was transferred to Villupuram, and a departmental inquiry was initiated against him. The Head Constables were transferred to the Villupuram West station, and, after disciplinary proceedings, punished with deferred black mark for three months.

The Bench said the detainees explained how they suffered inhuman treatment in the lock- up. It said the police had not followed the Supreme Court guidelines while making the arrests. There was no complaint against any of them. “The present case is an example of total misuse of power by police officials.” While considering the method adopted by the officials, it was clear that they picked up persons unconnected with any offence at their pleasure and ill-treated them. The Commission recommended that the Tamil Nadu Government take appropriate action.

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