Torture of Underprivileged Class by Authorise Safeguarders

8/13/2019 Torture of Underprivileged Class by Authorise Safeguarders

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TORTURE WITH DEPRIVED

CASTE BY AUTHORISED

SAFEGUARDERS

Researched &Written by

Ms. Nidhi Gupta (Student of National Law University & judicial academy)


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CONTENT

1. FOREWORD2. INRODUCTION

2.1. HISTORICAL CAUSE OF TORTURE2.2. SITUATION TODAY2.3.

THE MECHANISM OF JUSTICE3. CASES OF POLICE DISCRIMINATION AND TORTURE

4. PVCHR4.1. ORIGIN4.2. WORK

5. CONCLUSION6. SUGGESTION


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Foreword

This report is made by a student of National Law University and Judicial academy; anintern and observer of PVCHR. I have observed various problem faces by the minority,

deprived caste or untouchable community of Indian society by working closely with

PVCHR (non - governmental organization). There are various aspects where they need ahelp but most concern area or aspect of their problem is biased and harsh behaviortowards them by Police authority or we can more clearly define them as those

governmental bodies which are counted as the safeguarders of peoples life and their

right and play an important role in maintaining peace and order in society. I write thisreport to simplify this complex issue and to provide an overview of the human right

violations untouchable community or low deprived caste people of Indian society face

today and with view &hope that torturers must be held accountable, and survivors mustbe given access to justice .I have therefore focused on three aspects of the situation of the

police torture today, factors that leads police torture, the situation underprivileged class

face today and how torture against these people can be ended.

I wouldnt have been able to write this report without help from many people working for

PVCHR and of those people who give their testimony of their sufferings. All the

information I have gathered have been firsthand accounts of the people mentioned below

or the publications and text written by members of PVCHR.A special thank you to:

Lenin Raghuvanshi- Co-founder of the organization PVCHR

Shirin Shabana Khan-Program Manager & Senior ManagerShruti Nagvanashi-Managing Trustee & Founder

Mr. Anup Kr. Srivastava-Project Manager & Senior Manager

Mr. Shiv Pratap Chaubey-Coordinator

Mr. Rohit Kumar-I T Coordinator

Nidhi Gupta

12 January 2014


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IntroductionIndia has the status of largest democracy despite of this fact torture and organized violence

against the marginalized remains entrenched in police department and it is a part of regularroutine lawenforcement strategy. Dalits, adhivasis and other backward low caste people suffer

atrocities and discrimination in all spheres of life. In country like India where the caste system

dictates the lives of Indias citizens,low deprived caste or untouchable communities are deniedthe right to be treated equally and the rights to have equal protection before law .one of the mostgruesome human rights violations the low caste people face from governmental bodies is the

widespread use of torture by the police. The police torture of low caste people in Uttar Pradesh

will therefore highlighted and discussed.

The torture is used for intimidating the victim to speak truth, or to push low caste torture victim

to admit to false crimes. The majority of low caste underprivileged people are targeted becauseof their inability to pay bribe to the police, insufficiency to fight a case for long and also because

there is a general impression in Indian society that poor low caste dalits and tribals are not only

do menial work but also from the major source of anti-social and criminal elements. Because of

these factors the low caste or untouchable community is an easy target for torture, the policemenwho torture do not get sentenced for his heinous crime, and the mechanism of justice for the

common man is lost.

To try to give an overview of the situation today three main aspects of police torture against lowcaste people will be discussed. First, the historical, social and political factors that perpetuate

police torture. Second, the condition the majority of the untouchable community lives in today

and in what circumstances the torture is executed. As a part of this, 4 cases of police torture anddiscrimination are presented for detailed accounts of how police torture is carried out and the

discrimination low deprived caste people face. Third, how PVCHR is working to reduce police

torture and what needs to be changed for ending police torture against low deprived caste people.

Historical Causes of Torture

There are two main causes for the rise and development of heinous crime like torture againstdeprived caste. First is impression of low or deprived caste people on rest of the society i.e. there

is general impression in Indian society that poor dalits and tribals are not only do menial work

but also form the major source of anti-social and criminal elements.

Secondly, thinking and tradition of upper caste people. Historically, a culture of silence has been

permeated in Indian society. Privileged upper caste people believe that they are beyond the law

and for governing underprivileged low caste or untouchable community laws are made.Discrimination between low caste and upper caste people started from vedic and later vedic

period and it is still continue in modern Indian society. This biased behavior prevalent in Indian

society is also reflected in governmental bodies. That is why one finds most of the custodial

tortures, violence and death are committed against marginalized and deprived caste. Many dalitsare tortured and subjected to humiliation and degrading treatment in public like garlanded with

slippers and sandal, colouring their face black and white including force riding on donkey etc.

Indian police practice community punishment to demoralize dalit community. Demoralizinglower caste is very common to make them silence, so they cannot raise their voice. When a


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person from upper caste commits crime, after trial the person is punished. However, when it

comes to the lower caste entire community is punished. This punishment does not originate from

court of law, but carried out by upper caste in collusion with, police who provides sound supportin punishing lower caste.

Situation today

Uttar Pradesh constitutes more than 30% of the total population in India. The deprived caste

people are discriminated daily because they are considered untouchables in country like India,where the caste system still dictates the lives of the population. The caste system also leaves the

Dalits and Tribals communities marginalized living on the outskirts of society. Because of the

caste system and other forms of discrimination the majority of deprived low caste people live onthe brink of poverty. The children are not receiving proper education, and the income of families

are from menial, low income jobs such as glass making, lock making and weaving, often in the

cottage industry. Most deprived caste communities live in highly congested areas without proper

drainage and electrical facilities. The promises of development made by political parties areempty and little has been done to improve the economic and social standards of deprived caste

people. The money allocated to these communities is instead filling the pockets of corrupt

politicians. With no education and proper leadership the communities often fall for the same

traps election after election.

How the torture happens

Indias National Human Rights Commission(NHRC) released figures recorded from 2008-201,

showing that within the 4 years there were 4,034 custodial deaths and 1,836 cases of custodial

torture registered in India. The worst affected state was Uttar Pradesh, with 999 registered deaths

and 1,552 registered cases of torture, but most of the cases go unregistered. The huge amount ofthe victims in these cases was deprived caste people. Police torture is so widespread in Uttar

Pradesh, it is believed among many aid organization like PVCHR and NHRC that all policemen

have directly or indirectly, been involved in police brutality and torture.

By definition, torture involves the dehumanization of the victim which is made easier if the

victim is from a marginalized deprived class people. To enable torture, the lack of humansympathy is considered necessary for the torturer. The torture by police officers often occurs in

disclosed locations or unofficial rooms in police stations. When suspects and witnesses are

picked up illegally by the police authority and tortured for a number of days or weeks, it is often

not recorded until the victims of torture admit to criminal activity. Methods for torture includeassault, physical abuse, custodial death, threats, psychological humiliation, and deprivation of

food, water, sleep, and medical attention. For women, torture also includes practices such as

custodial rape, molestation and other forms of sexual harassment. The most gruesome forms of

torture usually occur in the course of the investigation and interrogation of the alleged suspects.In 2009, the Human Rights watch analyzed the effectiveness of the Indian police forces and

documented human rights abuses committed by police officers. For the report more than 80

officers and 60 victims of the police officer abuse were interviewed from 19 police stations inUttar Pradesh, Karnataka, Himachal Pradesh, and Delhi. In the report many officers


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acknowledged the illegality of their actions, and according to the report many believed that

unlawful methods, including illegal detention and torture are necessary elements of crime

investigation and law enforcement.Furthermore police officers interviewed also admitted thatinstead of collecting forensic evidence and witness statements, they held suspects illegally and

coerced them to confess, frequently using torture and ill-treatment.

The Mechanism of Justice

Deprived caste victims are given very selective treatment on their complaints to the police. In

many of the torture cases, police torture or harassment is used to forcibly make people in thedeprived caste drop charges. In great many times these underprivileged people not even file a

complaints against the policemen because of the fear of prosecution and tortured again by the

police officials and however, if they want to file a complaints they are completely ignored.

Indian police and security officials who commit torture or inflict other cruel, in human or

degrading treatment or punishment have long enjoyed impunity for their actions. There were

several immunity provision within the Indian Criminal Procedure Code (CrPC) and variousnational security related laws provide immunity to these officials. Section 197 of the CrPC

allows central or state government in question, must grant sanction for the prosecution of any

government officials or member of the armed forces alleged to have committed a criminal

offence while acting or purporting to act within the discharge of his official duty.

The Supreme Court has upheld this provision and has stated that even those who abuse their

power are considered to be acting or purporting to act in their official position and thus enjoyimmunity. The insensitivity of the judiciary and Human Rights Institution makes it extremely

culpable contributing to impunity that persists and increase the problem. Evidence indicates

that the poor are increasingly being criminalized

Cases of police discrimination and torture

These cases are personal accounts of discrimination and torture that the deprived caste peoplesface by the police. They are representative to what the underprivileged low caste people

subjected to daily and have been selected to show how the police torture happens and the

extreme caste discrimination that exist within the police that creates a systematic pattern oftorture. All the cases have received legal and/or psycho social help from PVCHR.

Case of police Torture

Name Chandravati Mushar

Sex Female

Husband Name Seemar Mushar

Address Koeripur

Incidence Case of Police Torture

Date of Incidence 4 November 2013

Place of Incidence Koeripur, badagaon Varanasi

Testimony:


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PVCHR has been working to police torture on minority or deprived caste since the organization

started in 1996. In a mission to provide basic rights for all PVCHR works by eliminatingsituations which give rise to exploitation of vulnerable and marginalized groups such as the

deprived community. PVCHR decided from the beginning to focus of reducing police torture

because the founders of PVCHR believe that the police system is still feudal, colonial and castedictated. PVCHR started working at grass roots level by providing support to victims of tortureand survivors of human rights violations and is today working on the two main projects to reduce

police torture. The first is in partnership with the EU, specifically developed to work towards

reducing police torture by focusing on direct intervention and advocacy. The second project is inpartnership with DIGNITY (Danish Institute Against Torture), developing Testimonial Therapy

in India as psycho social aid to victims of torture and abuse.

EU Project

In 2010 PVCHR started a 3 year project with financial aid from EU with the objective to reduce

police torture at the grass roots level by engaging and strengthening human rights institutions inIndia. The project targets locations in Aligarh, Meerut, Moradabad and Varanasi districts of Uttar

Pradesh. The main work of PVCHR in this project is documentation of torture cases, training

workshops, research and publication, legislative advocacy, and counseling and psychosocial

support to survivors. By working by direct intervention PVCHR targets survivors of torture,intervening in cases, providing psycholegal aid and advocating for justice and Reflecting their

own motto of giving a voice to the voiceless. Many cases of persons belonging to the deprived

caste that have been illegally detained, arrested and tortured in the targeted location, followingscreening and fact-finding, are being addressed for legal and institutional interventions.

Testimonial Therapy

Testimonial Therapy is a therapy intervention in psychological community work that originates

from Chile during the military dictatorship in the late 21stcentury. It has since been used in many

different contexts for over 20 years in countries like Denmark and USA. In 2008 PVCHRintroduced testimonial therapy in India with the help of the partner DIGNITY (Danish Institute

against Torture)

Testimonial therapy is used by PVCHR for all the victims of human rights violations and main

object of this testimonial therapy is to helping the survivors understand and reframe their private

pain as well as a political or social problem. The testimonials of the survivors can be used as

proof that can for example used in a court case. The subjective effect of the therapy can be anacknowledgement or expression of disapproval of the current political and social injustices.

Solution

On the 3rd

and 4th

of April 2013 PVCHR collaborated with Human Rights Law Network, New

Delhi and held a peoples tribunal on police Torture in Uttar Pradesh . The tribunal was an

independent trial where 40 cases of police torture were presented in front of a jury consisting ofacademics, former police officers, human rights defenders and lawyers. The jury members of the


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tribunal reviewed each case individually and gave advice how to precede with the survivors

cases. The aim of the tribunal was to show the systemic police torture that is happening in Uttar

Pradesh and for the victims of injustices to get advice and acknowledgement of their cases.

On 28th

and 29th

of November 2013 there is one more peoples tribunal held on human right

violation in Uttar Pradesh by PVCHR collaboration with National Human Right Commission(NHRC). The Tribunal was an independent trial where more than 100 cases on human rightviolation in which police torture is prominent one were presented in front of a jury consisting of

academics, state authorities, police officers, members of NHRC and lawyers. All the cases have

previously been submitted by the victims to various state authorities and institutions but have notreceived any support, aid, or recognition from the governmental institutions. The jury members

of the tribunal reviewed each case individually and gave advice how to precede and

acknowledgment to the victims for their cases.

CONCLUSION

Today where everyone pretend themselves as modern as technology of this period are but whenit comes to the matter of deprived caste, this so called modern upper caste people become

rudimentary and follower of tradition and culture. Because of this caste system there is a legal,

social, political and economic discrimination against deprived caste daily. Police torture is a

manifestation of social discrimination. Therefore ending police torture goes hand in hand insocially, economically, and politically strengthening the deprived caste. Today there are many

organizations working towards helping the deprived community out of situations which breed

violence and discrimination. Peoples Vigilance Committee on Human Rights a non-governmental organization who working towards these community from the grass roots level.

They were not only providing psycholegal support to the victims of these deprived community

in their cases of police torture but also connect these communities with the various schemes

launched by government for the welfare of the lower deprived caste people like MNREGA etc.

Suggestion

There is no doubt that PVCHR working incredibly towards the deprived caste victims by

providing legal as well as psycho-social support. As an intern and observer of PVCHR I have a

suggestion which hopefully enhance your effort towards the aim of making India as torture freecountry.

The very essence of Indian Law System is to provide compensation to victims with proper

prosecution of wrongdoer who commit the crimes and it is a basic right of any victim who sufferviolation of his rights. According to my observation in your case solving procedure it was

missing.

Torture of Underprivileged Class by Authorise Safeguarders

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