Can Bhagalpur type brutality be stopped?
D.V. GURUPRASAD
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Incidents of police high-handedness continue to take place because of public apathy
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The recent picture of a policeman (wearing bathroom slippers and no cap on his uniform) dragging an alleged chain snatcher roped to his motorcycle did not shock me. The Bhagalpur blindings of 1980, when policemen gouged out the eyes of 31 undertrials, are still very fresh in my mind.
What is shocking, however, is that hundreds of onlookers were either cheering the police or were mute spectators. It can therefore be assumed that the action of the police in tying the alleged thief, Aurangzeb, to a motorcycle and dragging him to the police station had public approval.
Despite the passing of the Protection of Human Rights Act in 1993 and establishing a National Human Rights Commission (the commission has now issued notices to the DGP, Bihar, and SP, Bhagalpur, on the above incident), the incidents of police brutality continue to take place in various parts of the country. This is because of public apathy.
I have come across many educated and well placed citizens telling me that if the police do not use the third degree, a criminal cannot be taught a lesson. Have we not seen members of the public assaulting eve teasers caught in the act? Have we not come across villagers shaving the head and blackening the face of any criminal caught by them?
Silent approval
Since there appears to be a silent public approval towards some acts of police on suspected criminals, police brutality will stop only when policemen become aware of the punishments that are in store if they take the law into their own hands. It is however seen that many acts of police brutality never get reported to higher-ups and when they are reported end up in departmental enquiries. Being quasi judicial in nature, departmental enquiries take an unduly long time to get completed.
This happens because of stay on the proceedings by tribunals, frequent transfers of the enquiry officer, the officers concerned being busy with law and order and other duties, absence of witnesses, officers not being aware of the procedure to conduct enquiries, etc.
Sometimes police misdemeanours attract criminal action as in the cases of deaths or rapes in custody, acceptance of bribes, and criminal misappropriation. Criminal cases also take a very long time to conclude but in most cases the accused policemen get convictions.
Sensitisation of the police on human rights issues will go a long way in preventing police excesses. In Karnataka, the basic training course of the constables and sub-inspectors includes Human Rights as a subject. Refresher courses on human rights are held regularly.
The implementation of the recent judgment of the Supreme Court in the Prakash Singh case will go a long way in curbing human rights violation by policemen. Since the apex court on August 23 has rejected the review petitions of many State governments, the order is bound to be implemented.
In its order, the court has envisaged setting up a police complaints authority at the district and State level to look into the cases of police high-handedness. While the district authority would look into complaints against policemen up to the level of Deputy Superintendents of Police, the State authority will deal with cases concerning higher officers.
The district authority is to be headed by a retired Sessions Judge, and the State authority by a retired Supreme Court or High Court Judge. The members of both the authorities would be retired police officers, civil servants and members of civil society.
The recommendations of the authority in respect of action against erring policemen are binding on the government. Cases of serious abuse of authority, custodial violence, rape, land grabbing and extortion come under the purview of the authority. The authority will also have a separate investigation wing.
When police complaints authorities start functioning, the incidents of police high-handedness similar to that of Bhagalpur will surely come down.
(The author is Additional DGP, Recruitment and Training, Karnataka. He can be reached at drdvg@yahoo.com
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