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Indian Police allowed to beat?

Posted: Sun Apr 11, 2010 11:45 pm
by Rhino
Where does it say in your quote that Police cannot beat up detainees ?
boca2blr;145943>>> is there any law?

Yes, it is supposed to be the Constitution. Article 21 and 22(1).

Read up on D K Basu Vs State of West Bengal (1997) I SCC 416

Reproducing the 11 directives from that verdict:

These above, in brown, are the 11 commandments for the Police from the SC.

As suggested by the SC, I hereby make this esteemed audience, the R2IClub members, aware of the above requirements (if ever you or someone you know get in trouble back home). Now, this is one that qualifies for viral email to fellow Indians. :)

Note the wording
"
These would apply with equal force to the other governmental agencies also to Which a reference has been made earlier,". That is to cover all authorities, including the army (who are at times infamous for setting aside human rights, not just in India, but world over).

Indian Police allowed to beat?

Posted: Mon Apr 12, 2010 12:13 am
by VS007
Tweedledee;145961Sure, that is why US has the highest crime rate in the world. Thorough beatings, summary executions and torture are strong deterrents to crime. Liberals find these things nasty but they are necessary.

It is also no surprise that the interrogation methods used in gitmo have been effective in thwarting attacks. thats one thing bush & cheney got right, which obama will undo. great.


The crime rate may be higher amongst other western nations where there are more stricter gun control.
But it would be ridiculous to compare with asian and other african nations where most of the crimes do not even get reported and even if reported , does not get registered unless you have connections and most of them do not get solved by the inept cops.

Indian Police allowed to beat?

Posted: Mon Apr 12, 2010 9:00 am
by R2I-2010
Tweedledee;145961Sure, that is why US has the highest crime rate in the world. Thorough beatings, summary executions and torture are strong deterrents to crime.

Not sure how true your claim is but if its is, could that be because in US even the smallest of the crime is registered and investigated as opposed to country like say India, where most crimes including rape and murder go unreported/investigated let alone punished.
Tweedledee;145961Liberals find these things nasty but they are necessary.

In India police dare not touch real criminals, they can only beat lesser mortals (if you know what i mean).

Indian Police allowed to beat?

Posted: Mon Apr 12, 2010 6:31 pm
by Helios
This is the legacy of the emergency days when police atrocities were largely supported by the then Congress government.
http://venus.unive.it/asiamed/eventi/schede/emergency.html

Police then became used to the politicization of the force, the use of atrocities and the use of force instead of brain. It was not as if police were clean before this period. The police act of 1861 had given them tremendous powers. The way police used to behave with the "natives" was not changed even after independence. However, as the following text illustrates, during the emergency days when the "evil" congress was ruling, brazened the police:
[quote]For several decades after independence, these deficiencies did not matter much as the standards of leadership, in both politics as well as the police, were quite high. Gradually, however, the standards began declining with politics becoming increasingly contentious and criminalised, leading to a perceptible decline in the quality of control exercised over the police and increasing misuse of the police by people in positions of power for partisan interests. Almost all of the state police commissions, the National Police Commission (NPC) and other expert bodies that inquired into the problems of the police in India found overwhelming evidence of misuse of the police by politicians for narrow selfish ends. This phenomenon was particularly evident during the Emergency from 1975 to 1977 when the police committed atrocities on a wide scale. The brazen manner in which the police were misused during this period prompted the government that came to power at the national level after the Emergency to appoint the Shah Commission of Inquiry. This commission unearthed considerable evidence to prove that during the Emergency some police officers behaved as though they were not accountable to any public authority. [/quote]

Now the few people who are taking the holistic view and still support congress must remember that this is called hypocrisy. As always, it was the congress which nurtured this behavior.

Indian Police allowed to beat?

Posted: Mon Apr 12, 2010 6:31 pm
by boca
Rhino;278062Where does it say in your quote that Police cannot beat up detainees ?

It doesn't. What I quoted was the Apex Court's opinion, which is not a law.

However, the Cabinet on April 8th 2010 approved a proposal to introduce the Prevention of Torture Bill, 2010 in the Parliament.
[quote]The Cabinet today approved a proposal to introduce the Prevention of Torture Bill, 2010 in the Parliament. This is a step towards ratification of the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment adopted by the United Nations General Assembly on 9th December, 1975 [resolution 3452(XXX)]. India had signed the Convention in October, 1997.

Ratification of the Convention requires enabling legislation having provisions that would be necessary to give effect to the Articles of the Convention. Although some provisions exist in the Indian Penal Code, they neither define ?torture? as clearly as in Article 1 of the Convention nor make it criminal as called for by Article 4.

For ratification of the Convention, therefore, the domestic laws of our country would require to be brought in tune with the provisions of the Convention. This would necessitate either amendment of the existing laws such as Indian Penal Code or bringing in a new piece of legislation. The matter was examined at length in consultation with the Law Commission of India and the then Learned Attorney General of India.

After a lot of deliberation on the issue, it was decided to bring a piece of ?stand alone? legislation so that the Convention could be ratified. Accordingly, a draft Bill, namely the ?Prevention of Torture Bill, 2009?, was drafted.

As the matter is in the Concurrent List of the Seventh Schedule of the Constitution of India, the views of the State Governments were sought. The views of the concerned Central Ministries were also obtained. [/quote]The draft bill from 2008 -> http://notorture.ahrchk.net/profile/india/Prevention_of_Torture_Bill_India_2008.pdf

Recommendations of the National Conference on the Prevention of Torture Bill, 2008 New Delhi, 24-25 June 2009-> http://www.achrweb.org/reports/india/India-Anti-Torture-Bill-2009.pdf

Don't know the version that is referred to as "Prevention of Torture Bill, 2010". Haven't read it yet.

Indian Police allowed to beat?

Posted: Tue Apr 13, 2010 12:25 am
by Hyderabadi
dragon4109;145924I have always wondered, are Indian police allowed to beat citizens


Deleted.

Indian Police allowed to beat?

Posted: Tue Apr 13, 2010 12:35 am
by boca
Hyderabadi;278345Deleted.

An intellectual response, indeed! One does hear about certain folks getting deleted by the Indian police. :)

Indian Police allowed to beat?

Posted: Tue Apr 13, 2010 12:52 am
by layman
Is there a law prohibiting the public taking picture or video of police? Once I captured the police on video and the police made a big fuss about it, seizing my camcorder. I have to pay bribe and apologize to retrieve the camcorder.

Indian Police allowed to beat?

Posted: Tue Apr 13, 2010 1:43 am
by mn_op
layman;278360Is there a law prohibiting the public taking picture or video of police? Once I captured the police on video and the police made a big fuss about it, seizing my camcorder. I have to pay bribe and apologize to retrieve the camcorder.


Taking pictures of Indian police can land you in deep trouble. India does not lack recording devices and opportunity to capture heinous crimes is not rare (all you have to do is get somebody to make an eye contact with a trafiic police and pretend to be scared). However, you won't find very many people can do this.

India is ruled with iron hands by super strong police and administration and absolutely nobody can raise hand against it. You record a 'police in action' and orders to torture you will be issued by district superintendent of police.

Indian Police allowed to beat?

Posted: Tue Apr 13, 2010 1:51 am
by layman
mn_op;278379Taking pictures of Indian police can land you in deep trouble. India does not lack recording devices and opportunity to capture heinous crimes is not rare (all you have to do is get somebody to make an eye contact with a trafiic police and pretend to be scared). However, you won't find very many people can do this.

India is ruled with iron hands by super strong police and administration and absolutely nobody can raise hand against it. You record a 'police in action' and orders to torture you will be issued by district superintendent of police.

The police men were yelling that public cannot take picture of police. My immediate response was " under what law?" but luckily the response did not leave my mouth. Otherwise I would have landed in jail :-). They behaved as though they are the law. I realized that nobody dared to capture police in action in India from the way the police reacted that day. Next time I will hide my camera when I capture them:-)