FOR IMMEDIATE RELEASE
AHRC-STM-061-2017
23 June, 2017
AHRC-STM-061-2017
23 June, 2017
A Statement by the Asian Human Rights Commission (AHRC) on the
occasion of International Day in Support of Victims of Torture
INDIA: A country where torture is the norm
India is the only country in Asia that has during the past seven
decades remained a parliamentary democracy, having elected its
government through a transparent and accountable democratic process.
Its judiciary is independent, and its administrative machinery and
armed forces accountable to the parliament, and hence in principle, to
the people.
Despite this, the country is not without its problems. The Indian
judiciary though has not faced any onslaught of illegal interventions
by the government, has long lost its trust among the people. The
administration is beset with corruption, inefficiency, and nepotism of
all forms, that the institution is viewed by the ordinary citizen as a
problem than being a solution. The parliamentary processes have lost
the trust of the people, that the ordinary person on the street
considers her/his role in the democratic process limited to casting of
votes. In short, in India today, no one believes that the three
founding principles of the republic – equality before the law, and
dignity and freedom to all, are virtues and legal principles that the
state would follow at all times.
A few questions every Indian therefore must ask is why is one in every
four children in the country below the age of five malnourished? Why
is 60% of the population living in abject poverty? Why are corrupt
state officers and politicians not punished? Why are the women and
children not safe in public places? What allows caste based
discrimination to continue?
The answer to all these questions can be found, if one investigates
what has the country done in the past seven decades to establish the
principles of fair trial in the country?
In India, fair trial is negated at all levels and at all times.
Policing in India is viewed and experienced as an organised criminal
syndicate in uniform, paid from the state treasury. An institution
that must provide safety to the person and property of all citizens is
considered to be a threat by all. The institution is infamous for
corruption, inaptitude, lack of professionalism, and accountability.
It is used as a tool by successive governments to impart fear upon the
population. It has failed to earn people’s respect and trust.
Officers who run the institution, from the constable to the State
Police Chief, are known to be suffering from demoralisation. Rare are
officers who are known for their meticulous adherence to discipline
and the law. Professional and upright officers are more likely to be
deputed to undertake non-policing responsibilities and are often seen
in conflict with the government or political leaders. Crime
investigation for all practical purposes is limited to confession
statements. The absence of professionalism and modern skill in crime
investigation is visible in invariably every instance. Police officers
openly complain that if the suspect refuses to confess the crime, the
investigation could end in a deadlock. Exceptions do exist, but are
rare.
No government in India has publically declared prevention of torture
as a norm. No government has so far published its policing policy. In
fact, having no policy on policing is India’s policy. India has made
the least investment in modernising the police. Forensic facilities
that exist are far too less than adequate. Professionalism is a rare
character within the institution.
The argument that a country like India cannot be policed without use
of force is widely accepted as a policy in India. Corrupt politicians
are the advocates of this propaganda. They argue that criminalising
torture is a step that will destroy the police.
The knowledge, that the practice of torture will demoralise the police
and is universally recognised as a crime against humanity, is almost
non-existent in India. A large section of the Indian civil society
also see no importance for modernising the police, and accuse those
who work for it as ignoring other important concerns. In short, the
Indian intelligentsia is unaware about the importance of prevention of
torture, and the role torture plays in ensuring constitutional
guarantees. India is yet to see a social movement against torture, and
for police modernisation.
No country has been able to ensure equality, dignity, and freedom to
its people without first establishing professional policing. No nation
where civil liberties are respected have torture as a norm. India is
no exception.
# # #
The Asian Human Rights Commission (AHRC) works towards the radical
rethinking and fundamental redesigning of justice institutions in
order to protect and promote human rights in Asia. Established in
1984, the Hong Kong based organization is a Laureate of the Right
Livelihood Award, 2014.
Read this Statement online
No comments:
Post a Comment