S.O.S - eVoice For Justice - e-news weekly

Spreading the light of humanity & freedom

 

Editor: Nagaraj.M.R...vol.6.issue.2....09/01/2010

 

“There is a higher court than the court of justice and that is the court of conscience It supercedes all other courts. ” - Mahatma Gandhi

 

 

IMAGINE YOURSELF  IN THE POSITION OF FOLLOWING PERSON TO UNDERSTAND  THE PLIGHT OF  MANUAL SCAVENGERS & VISIT

Public Sanitation at the cost of Life   http://tinyurl.com/yz6opd5 )

 

 

 

Editorial : SOS –  APPEAL TO H.E.HONOURABLE PRESIDENT OF INDIA & HONOURABLE CHIEF JUSTICE OF INDIA

- Vested Interests , Criminals silencing a journalist

Your excellency,

 

Even after 62 years of india’s independence , the plight of commonman has worsened. Corrupt public servants , corrupt judges , corrupt police , etc are proving to be parasites leading 5-star lifestyles at taxpayer’s expense. They in their greed for money , bribe are aiding & abetting terrorists , separatists , naxalites, underworld mafia , etc covertly & overtly , backstabbing our motherland. These corrupt public servants  are more cruel than Jalianwallah Bagh butcher General Dyer of british army. If Mahatma Gandhi  was alive today , he would have been disgusted with the present way of democratic government , functioning of public servants & would have died heart broken. If our freedom martyrs like sri.Bhagath Singh or Sri. Madan Lal Dingra or Sri.Subhash Chandra Bose would have been alive , they would have given a befitting reply to this corrupt police , corrupt judges , public servants.

Whenever , a commonman raises his voice for justice , he is silenced in various ways by the criminal nexus. The said criminal nexus has previously tried to silence me in many ways including attempts to murder , closure of newspaper , etc  , now the same criminal nexus is at it again. They are trying to silence me , to close my newspaper , to foist false cases against me , all for asking the following QUESTIONS , which public servants are afraid to answer. Even if they succeed in silencing me , TRUTH NEVER DIES, THE COMPLICITY OF HIGHEST CONSTITUTIONAL FUNCTIONARIES IN COVERING-UP , HIDING CRIMES IS FOR ALL THERE TO SEE. If Anything untoward happens to me or my family members , both of you H.E.Honourable President of India & Honourable chief Justice of India will be responsible , accountable for that. If police or other law enforcing agencies , ask me- the complainant ,  to come over to police station repeatedly for inquiry ( as they did previously) instead of asking the accused  high & mighty persons , to come over to police station at least once , the police , the court & the government is liable to pay me damages .

In India corruption has spread it’s tentacles far & wide. Corrupt few among judiciary are selling judicial orders , police are fixing innocents letting off the rich criminals , manipulating evidences , people’s representatives are taking money even for asking questions in parliament , for releasing money under MPLAD scheme , etc. many of the public servants are selling  their official duties for  some consideration. These greedy corrupt public servants  are worse than street side prostitutes who sell off their own body for a living. However  the corrupt public servants who take hefty pay & perks from the government sell off their official duties , their ethics , honesty , in their greed for more money.There are even worse corrupt parasites , police who even take commission from these hapless street side prostitutes.

Take two recent examples , in mysore a little kid of a villager was not properly attended to for nearly 15 days by any doctor in government K.R.Hospital , just for the reason that villager was unable to pay bribe. Finally the kid died in the hospital. Even in ESIC Hospital , mysore although the services are paid by employees by monthly contribution , services are dismal .  almost every official in ESIC Mysore demand bribe for consultation , medical test , issue of medicines , bill reimbursement , etc.

Now , take another example how the flyover collapsed in delhi or 15 storey building collapsed in Bangalore. Still mystery shrouds , cover up is taking place with respect to this building collapse. Is it not due to the failure of town planning authorities like BDA , BBMP, etc ? there is complete mystery regarding the casualties of this building collapse , what labour commissioner is doing ? even in mysore , at Infosys construction project site many casualties have taken place , but not properly recoreded by authorities , why ?

Now , the hard fact is that if one has money he can do anything & get away . at this juncture , disillusioned with the corrupt government system , the educated unemployed or victimized youths  become a fertile ground for raising of anti social movements like naxalism , mafia or separatist movements , religious fundamentalists , etc. this has already happened in India.

This is an open appeal to your excellency & the honest few in public service , to check this growth & to take India towards Mahatma’s swaraj. The public servants mentioned in the following articles are shielding corrupt criminals , by refusing to answer questions , will you make them cough up TRUTH IN FULL ? e-voice  has appealed to authorites offering services in apprehending tax thieves  & other criminals , but public servants are not interested to utilize our services lest their criminal pals are get caught ? ARE YOU READY TO CATCH TAX THIEVES & OTHER CRIMINALS BY TAKING OUR SERVICES ?

Bihar type mob justice cases will become more frequent leading to anarchy , rise of naxalism , terrorism & Underworld in india. The cause for all this CORRUPT PUBLIC SERVANTS in India. When common people don’t get justice by police , by courts of law , rich mighty criminals get away from punishment & people’s representatives in parliament / state legislatures legalizes the crimes of their rich friends , criminals , anti nationals , the justice becomes a mirage to common man , democracy a farce.

Just consider following examples , PMO official leaks out nuclear secrets to enemy countries endangering the security of India , a government official gives driving license , ration card , voter identity card to a Pakistani terrorist , a police official issues gun license to anti national Terrorist , a police official applies 3^rd degree torture to a poor innocent to cover up rich criminal , a police official murders a poor innocent in lock-up , fake encounter to cover
up rich criminal , a judge issues bail , other judicial orders for a price to anti national , a police officer destroys evidence , delays investigation to aid rich criminal , etc , all these public servants are least bothered about either the well being / security of our motherland India or our countrymen . they are concerned only about the kick backs they get . even higher officials , courts are not taking any action against such corrupt anti national officials , why ?

In these circumstances , the aggrieved mass of people to protect the security of our motherland India ,to uphold law , to protect themselves , in exercise of their CONSTITUTIONALLY ENSHRINED FUNDAMENTAL DUTIES ( ie to uphold constitution of India , to protect the unity , integrity of the country , to protect the rights of fellow country men  eliminate , kill such CORRUPT ANTI NATIONAL PUBLIC SERVANTS when all the avenues for seeking justice have failed , is it not justified in the interest of country ?

Do remember that hard liners among our independence struggle like shri . subash Chandra bose , shri. Bhagath singh & others have contributed to our independence struggle immensely. However their actions at that point of time as per then prevailing laws of britishers were termed as illegal , although it did good to our motherland & our countrymen.

However in democracy this should not happen as this violence leads to anarchy , more violence. this anarchy can be controlled only by the corrupt public servants , whose making it is . they must mend their corrupt practices , must strictly work for the welfare of our motherland , the courts must punish the corrupt public servants severely. Then alone bapuji’s true swaraj can be built.

The sad fact is that instead of mending their ways , the corrupt public servants have increased their personal security & taking more and more kick backs. God only must protect them from dog’s death at the hands of mass of people.

We at e-Voice for Justice  believes in equitable justice , peace & non violence and hereby only analyzing the causes for bihar type mob violences , rise of naxalism , terrorism , under world in India. Our analysis is a social pointer to the things to come in near future , in India , ways to protect democracy in India.

In the democratic india , whenever a citizen suffers from injustice , violation of constitutionally guaranteed fundamental rights / human rights he can appeal to the higher Authorities for justice , then to the next higher authority in the hierarchy . if it fails he can approach the police , courts of justice. Finally he can appeal to the
first citizen of the country & supreme court of india . Now , corruption is more prevalent in police & judiciary. To my numerous appeals for justice , e-voice’s appeals for justice concerning public good , the public servants have failed to perform , the police have taken biased action & finally H.E.PRESIDENT OF INDIA , HONOURABLE CHIEF JUSTICE OF INDIA are mum. They have failed to perform their constitutional duties. All the doors of justice are closed for me.

e-voice  has brought to the notice of government cases of rights violations , crimes , tax evasions by public servants &
corporate bodies , it also offerred it’s services in apprehending corporate criminals stealing crores of tax money. there was no response . the police & authorities are keen , over zealous in apprehending & prosecuting a pick-pcketer stealing Rs.10 , where as it cover-ups the crimes of corporate criminals stealing lakhs , crores of tax money. the government even rewards such corporate criminals with tax exemptions , subsidies , etc. Is it equitable justice ? true democracy of mahatma’s vision ? This type of corrupt administration in india since independence has made the lives of commoners miserable and is the main driving force for the rise of NAXALISM , TERRORISM /
SEPARATIST MOVEMENTS & UNDER WORLD.

However violence is not the solution, violence breeds more violence & mahatma’s democracy true swaraj cann’t be set up on the basis of violence. When all the doors of justice are closed for a commonman ( sufferer of gross
injustices ) without financial might or contacts , he has the following options :

1. to take law into his own hands & settle scores. But it is illegal although naturally justified .

2. to suffer more & more injustices reconciling to the fact , ground reality that democracy in india is fake only a facade.

3. To committ suicide to runaway from all injustices. But that is illegal & cowardice.

4. To spread awareness among public about corruption in police , judiciary , public service & to kindle the light of crusade in them within legal democratic frame work although presently sufferring from gross injustices. All in the hope that tommorrow will be bright & sunny , with the dawn of mahatma gandhi’s swaraj , as clearly told by poet Ravindranath Tagore and bow our heads to our great motherland India.

Your excellency  , kindly tell me – tell the common people which way to take . JAI HIND . VANDE MATARAM.

Your’s sincerely,
Nagaraj.M.R.

 

Question of reservation in private sector

With the refusal of big industrial houses even to entertain the proposal of reservation in jobs for people belonging to Scheduled Castes/Tribes in private companies, the question whether the United Progressive Alliance (UPA) government led by the Congress will be able to fulfill its promise of providing job reservations to the SC/STs in the private sector or has once again started begging for an answer.

Constitutional position

When the framers of the Indian Constitution laid down provisions in the Constitution pertaining to reservations in jobs for Scheduled Castes/Tribes, they very much had in their minds every individual? right to equality or the equal protection of the laws which was guaranteed under Article 14 of the Constitution. In order to make the right to equality a reality it was imperative that the State should be empowered to make special provisions for the advancement of any
socially and educationally backward classes and for the Scheduled Castes and the Scheduled Tribes which was done under Article 15(4) of the Constitution.

Article 46 of Part IV of the Constitution under the heading ?Directive Principles of State Policy? lays down that ?The State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.? This article, even though legally not enforceable in a court of law, makes it incumbent on the government to protect them (the weaker sections of the people, and in particular,
the Scheduled Castes/Tribes) from social injustice and all forms of exploitation.

On how this social justice can be secured for these sections of our society, Justice (Retd.) P.B. Sawant has rightly observed, ? The right to equality without the capacity and the means to avail of the benefits equally is a cruel joke practiced on the deprived sections of the society. It widens the social and economic inequalities progressively with the haves making use of the guaranteed right to amass the fruits of progress, and the have-nots remaining where they
are. The exceptions (to the right to equality law) enable the State to make the deprived capable of availing of the benefits which otherwise they would not be able to do. It is to give effect to the principle of equality that the exceptions become mandatory in any unequal society such as ours which intends to become egalitarian. ? To treat two unequals equally causes as much injustice as to treat two equals unequally. The jurisprudence of equality therefore requires that those
below are leveled up to those above. (The Constitution, Equality and Reservations ? P.B. Sawant, Mainstream, June 14, 2003)

Accordingly, a provision was made for reservation in jobs for Scheduled Castes / Tribes in services under the central and state governments as well as in public sector undertakings.

Though the policy could not achieve the desired effect of uplifting the downtrodden classes within the time frame prescribed initially under the Constitution, later extended by amendments to the Constitution by Parliament, yet in all fairness it must be admitted that some dent has certainly been made in the social structure of the society and some change has taken place in the position of people belonging to these classes, even if marginally. People from these classes have started finding place in the highest services, including the administrative services like the IAS and the IPS, which was an impossibility at the time when India attained freedom. Children from these classes go to schools and colleges, and even higher institutions of learning, and discrimination based on caste has diminished, at least visibly, because mindsets cannot be changed overnight and 55-60 years is not a long enough time to obliterate the inscription of caste based discrimination engraved on the inner layers of the psyche of a caste-ridden society.

Maybe only a small percentage of the people belonging to the Scheduled Castes and Scheduled Tribes, but now they do live a dignified human life. Not to recognize this fact will be to shut ones eyes to the truth. And this by itself is evidence enough to prove that if the position of more people from these sections is to be improved, if their right to equality is to be ensured, this reservation in jobs for them must continue.

Promises made under the Common Minimum Programme (CMP) of the UPA The Common Minimum Programme of the United Progressive Alliance (UPA) released by the UPA constituents headed by the Congress President, Mrs. Sonia Gandhi, the UPA Chairperson and the left parties supporting the UPA on May 27, 2004 declared in the introductory part of the CMP that the people of India had ?voted decisively in the fourteenth Lok Sabha elections for secular, progressive forces, for parties wedded to the welfare of farmers, agricultural labour, weavers, workers and weaker sections of society, for parties irrevocably committed to the daily well-being of the common man across the country.?

In the section entitled ?Scheduled Castes, Scheduled Tribes? Regarding reservation in jobs, the CMP says, ?All reservation quotas, including those relating to promotions, will be fulfilled in a time-bound manner,? and that ?The UPA Government is very sensitive to the issue of affirmative action, including reservations, in the private sector. It will immediately initiate a national dialogue with all political parties, industry and other organizations to see how best the private sector can fulfill the aspirations of Scheduled Caste and Scheduled Tribe youth.? The ?very sensitive? government could find time even to
discuss the issue with the industry only after completing one year in office, and after the rejection of its proposal by the industry the government has failed to come out with its future plan of action. So much for its ?irrevocable commitment? to the welfare of ?workers and weaker sections of society.?

The main problem is that with the adoption of the policy of globalization, privatization and liberalization, the state is shedding its social responsibilities one by one. Public sector is being surrendered to the private sector, so much so that even the high profit earning infrastructural Public Sector Undertakings, whose establishment was considered an honour for the country and the
government and which were called the Navratnas, are being sold out even by the UPA government led by the Congress even against its own Common Minimum Programme (CMP) as is clear from its recent decision to sell out BHEL, and it is being done by the same Congress which was not tired of crying ?foul? when the NDA government led by the BJP was doing so.

CMP on public sector
Speaking about the Public Sector, the Common Minimum Programme of the UPA said, ?The UPA Government is committed to a strong and effective public sector whose social objectives are met by its commercial functioning? The UPA is pledged to devolve full managerial and commercial autonomy to successful, profit-making companies operating in a competitive environment. Generally profit-making companies will not be privatized? (Emphasis mine). Regarding its policy on the
infrastructural companies, the CMP declared in unequivocal terms, ?The UPA will retain existing ?navratna? companies in the public sector while these companies raise resources from the capital market. While every effort will be made to modernize and restructure sick public sector companies and revive sick industry, chronically loss-making companies will either be sold-off, or closed, (emphasis mine) after all workers have got their legitimate dues and compensation.?

So it were only the ?chronically loss-making companies? which were to be sold-off not the ?navratnas? running in profit. How can this government be expected to ?modernize and restructure sick public sector companies and revive sick industry? (which could keep alive the hopes of the vulnerable sections of the society to get some employment therein), when it is selling off its best ones to private hands? Even the vulnerable ones in the private sector companies are yielding place to Multi-national Corporations because all kinds of nationalists are adopting policies which help the Multi-national Corporations under the compulsions prescribed by the perpetrators of the ?free-market economy?. The words in the CMP under the title ?Economic Reforms?, ?The UPA reiterates its abiding commitment to economic reforms with a human face, that stimulates growth, investment and employment,? (emphasis added) seem hollow because the so called ?reforms?? have not stimulated employment and if they have ?a human face?, that face is present only in the CMP not in its implementation.

During the government of the NDA ?the public sector had lost as many as 45 lakh jobs. The government recruitment was frozen both at the Centre and in States.? (?On Common Minimum Programme?, by Girish Mishra, Mainstream June 5, 2004). Nothing has so far been done to improve the situation. Except in its CMP, the Congress seems to have forgotten, in fact it forgot it in 1991 itself when these ?economic reforms? were first introduced by its government under the leadership
of the then Finance Minister, who is the incumbent Prime Minister, Shri Manmohan Singh, the Karachi Congress Resolution on Fundamental Rights authored by Mahatma Gandhi which had stressed that ?in order to end the exploitation of the masses, political freedom must include real economic freedom of starving millions? (ibid.). The shift of stress from ?economic freedom? to ?economic reforms? is the distance that the Congress party has covered during the last few decades.

Growing unemployment, aggravated by the ?jobless-growth? promoted by globalization of economy, and handing over of one public sector after another to private businessmen by the government, more for the benefit of those who acquire them, and the individual benefit of those who run the government, than for the benefit of the economy of the country, the country itself or its people, have together made getting employment an uphill task for the youth today. With the shrinking of
the public sector, the number of jobs available for reservations has also shrunk considerably. The question then is: How can the State fulfill its responsibility of protecting the weaker sections of our society from social injustice and all forms of exploitation as mandated by the Constitution?

Stand of big business houses
Under the circumstances should we forget about building up of an  egalitarian society, the principles of social justice and the constitutional mandate to guarantee the right of equality to every citizen of the country? And that too only because some governments of the country during a decade and a half have chosen to be dictated by the terms of the World Bank and the IMF, who in turn work under the
direct command of the US, the protector of the capitalists of the
world and the MNCs, to handover their economies to the private sector
and the MNCs? Should the government shirk its responsibility to protect and uplift the downtrodden sections of our society in the face of the opposition offered by The Federation of Indian Chamber of Commerce and Industries (FICCI) by not bringing before the Parliament and passing a legislation providing for reservations of jobs for SC/STs in the private sector? In its editorial ?The Question of Reservation? (The Navbharat Times, dated 2nd June, 2005) the paper says, ?Undoubtedly the private companies should fulfill their social responsibilities, but for that making reservation in services compulsory does not seem to be an appropriate method.? (Translation mine).

The editorial also refers to the offer of some industrial houses to help the weaker sections through scholarships, company run schools, joint programmes with the government, special training camps and such other activities. In other words, they are willing to dole out alms to the poor as an act of charity but not prepared to shoulder the social responsibility which they owe to the society which has given them the chance and the means to grow. In its editorial ?No Snake Oil, Please ? Push equal opportunity, not private sector job reservations? The Times
of India dated 7.6.2005 says, ?Till today nobody has tried to force reservations on private business, with good reason. Businesses need to maximize profits for shareholders and, therefore, require the freedom to hire people who best fit their needs, and not hire by fiat.? And there can hardly be any doubt that Private Business stands for profits, and profits alone ? without any social responsibility, and how that profit comes also does not matter very much because when profiteering is the end no rules or principles are sacrosanct enough
to be stuck to.

The moot question is whether these industrial houses have in the past shouldered any social responsibility voluntarily without the compulsion of law. I do not know of any capitalist spending large sums of money on philanthropic activities. Those who patronize art or culture do so not with the aim of promoting them but to commemorate some family name or to get social recognition as promoters of art and
culture. Some have built big temples to satisfy their religiosity and to gain immortality of name and fame for themselves or some other members of their own families. Otherwise, if money has been spent for non-business purposes, it has been done to camouflage huge tax evasion ? and not to promote social equality or social justice.

Even a small businessman ascribes his success in business and accumulation of wealth to his intelligence and hard-work in absolute terms. Nobody gives any or much credit to the exploitation of workers or their hard-work, or for that matter, favourable, supportive and biased legislations, tax structure and policies of the government, often tilted in their favour ensured in advance by them through the
funding of election expenditure. They enjoy tax holidays and the other tax payers are made to pay additional taxes instead to make up for the loss incurred thereby. Even the lowest classes of people have to pay, not in the name of income taxes, because they hardly have any incomes to talk of, but in the name of excise, sales tax and the like. They directly also contribute to the affluence of the corporate sector through their labour which is always underpaid.

Then the natural resources like land, forests, water and air, which belong to the whole society are invariably and indiscriminately, and in an unlimited way, exploited for their own limited benefits by the business class and the brunt of the exploitation of these natural resources is borne by the hapless millions who are, because they have no control over the natural resources, the means of production and also over them who have control over them all and also decide their
destiny, to blame no less for their plight because it is they themselves who elect their mentors and policy-makers of the country, because when they go to the polling stations they cast their votes not on the basis of the economic policies the political parties adopt, which basically affect their own lives, but on the basis of emotional issues like the building of the Ram temple at Ayodhya, or on communal or caste lines. At that time they do not think that those who are
professedly in favour of the multi-national corporates under the influence of The World Bank and the International Monetary Fund, and have always acted as the hunch-men of the capitalists, can never adopt policies favourable to the downtrodden.

Thus the money they have accumulated, and continue to accumulate, does not really belong to them in absolute terms. They make money because some people individually, and the society as a whole, loses some of it which rightfully belongs to them. And the individuals who lose some of their hard earned money which is pocketed by these capitalist through contrived economic policies adopted by the government are no other than the labourers, who, in one way or the other, sell their labour to them cheaply to fill their coffers simply because they have to fill the bellies of their children ? and the most vulnerable of these
working people are those who come from scheduled castes/tribes and OBCs.
The result is that they continue to languish under the scourge of poverty whereas the capitalists, industrialists and corporate magnates continue to churn money so fast that there are examples of some of them raising their own empires of thousands of crores within a span of twenty-twenty five years, more through dubious means, even verging on criminality (As reported in ?Outlook? dated June 13, 2005 in its cover story, one in every 17 Indians has invested in Subroto Roy?s Rs. 50,000-crore empire. ?He appeared out of nowhere to create a Rs. 50,000-crore empire. Now Subroto Roy Sahara is himself nowhere to be found,? and, ?The UPA government led by the Congress has decided to take action against the group on various income tax-related cases. A demand of nearly Rs. 800 crore may be raised against Sahara.?) while the country and the countrymen remain where they were. Even intellectuals like university professors and scientists fail to own a
house for themselves and their families at the end of their lifelong services; not so the Subroto Roys, the Ambanis (The latter own a whooping empire of more than 75,000-crore raised within a period of 25-30 years.) and their like.

They have no money to employ people from SC/STs, but they have lots of it for their extravagant lifestyle and vulgar, or should I say criminal, display of wealth [?At the simultaneous weddings of his (Subroto Roy?s) two sons in February last year, Rs. 140 crore was spent, and the entire who?s who of India attended, from the prime minister to every big name in the Hindi film industry, which actually closed down for a few days during the celebrations.? ? Ibid.].

The way out
Under the circumstances the refusal of the industry to employ people from SC/STs cannot be accepted as valid and justifiable on any ground. The UPA government is also duty-bound by the CMP to enforce reservation of jobs for SC/STs and OBCs in private companies. It must pass a law in Parliament providing for it. If it does not do so, that will only reflect the hypocrisy of the constituents of the UPA. Its failure to do so will, in unequivocal terms, prove the absurdity of its policy of liberalization, privatization and globalization. It will also be a clear signal to the people belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes, who constitute 85 % of the total population of the country, that if they wish to live a dignified life in this country they must throw out every government
which comes to power on their strength and works contrary to their interests and as the agents of a few hundred capitalists and industrialists. They should also organize themselves under the new leadership evolved from amongst themselves (not depending on its old leadership which goes on changing its stance in view of its own personal benefits) and launch a movement to force the government to take decisive action in the matter and not pay only lip-service to their cause.

 

 
Police Reforms
Police Reforms: Too Important to Neglect, Too Urgent to Delay

 

CHRI’s police reforms programme aims to realise increased demand for and achievement of police accountability and reform throughout the Commonwealth.

The police reforms programme targets policy makers, police organisations, activists at the grassroots, civil society groups, the media and the general public to further its aims for reform and the implementation of democratic policing. It seeks to do this through a combination of advocacy, education, research and networking.

CHRI published a report on police accountability in the Commonwealth for the 2005 Commonwealth Heads of Government Meeting. This report explores the issues around policing in the Commonwealth, sets out a democratic policing framework, considers the critical limbs of accountability that must be in place in a democratic police organisation and puts forward a roadmap for reform. Electronic copies of the report are available here, or you can request a hardcopy here.

What is police reform and why do we need it?

In too many countries, governments are failing in their primary duty to provide the public with an honest, efficient, effective police service that ensures the rule of law and a environment of safety and security. Today, membership to the Commonwealth is premised on countries practicing democracy – and democratic governance requires democratic policing. The only legitimate policing is policing that helps create an environment free from fear and conducive to the realisation of people’s human rights.

The existing police systems in many Commonwealth states are a legacy of colonial rule that have been shaped by post-colonial histories. The consequences of poor policing include brutality and torture, extra-judicial executions, a lack of due process, impunity, corruption, bias and discrimination and public fear, anger and resentment.

The Commonwealth has some inspiring examples of governments and police organisations working towards reform. Some police organisations have undergone varying degrees of modernisation and transformation. Impetus for reform has generally arisen out of public concern over rising crime or from incidents of police abuse or failure, accompanied by a willingness to learn and address changing contexts.

What is democratic policing?

CHRI believes that democratic nations need democratic policing, which gives practical meaning to the Commonwealth's promise of democracy and good governance and is applicable to any context - rich or poor, large or small, diverse or homogenous.

Critical to the success of democratic policing is the principle that the police should be held accountable: not just by government, but by a wider network of agencies and organisations, working on behalf of the interests of the people, within a human rights framework.

Democratic policing is both a process and an outcome. The democratic values of the Commonwealth lay down a sound foundation for the development of democratic policing.

A democratic police organisation is one that is

• accountable to the law and not a law unto itself
• is accountable to democratic government structures and the community
• is transparent in its activities
• gives top operational priority to protecting the safety and rights of individuals and private groups
• protects human rights
• provides society with professional services
• is representative of the community it serves

 

How to get information ?

Use the navigation buttons at the top of each page to find out more information on CHRI’s policing work in India, or internationally (in East Africa, West Africa, the Pacific, South Asia and the Caribbean).

If you are looking for information on compliance with the Supreme Court directives in India, click here. Information on the Model Police Act is available here.

If you are interested in CHRI’s conference and workshop programme, click on the Workshops button. This will take you to information about upcoming CHRI workshops, other upcoming workshops related to policing, as well as to reports on each of CHRI’s past workshops. To find out about other upcoming activities or events, watch the side bar on the right.

All CHRI publications are available electronically, under the Resources and Publications button. If you would like to request a hardcopy of one of CHRI’s publications, click here.

For the latest policing developments and news, press the News Updates button. If you want to access information on international, Commonwealth and regional standards, or copies of police legislation for particular jurisdictions, click on the Laws and Standards button.

CHRI's 2007 report to the Commonwealth Heads of Government, Stamping Out Rights, examines the impact of anti-terrorism laws on policing. For more information on CHRI's work on anti-terrorism and policing, click here. Click here to read Stamping Out Rights and here to contact a member of the team.

To read about a Commonwealth Expert Group on Policing click here.

If you have any questions or feedback, or would like to get in touch with a member of CHRI’s police team, click here.

 

RIGHT  TO  INFORMATION

 

The Constitution of India does not explicitly grant a right to information. However, the Supreme Court of India (the country's highest court) has held in several cases that the right to information is implicit in the constitutionally enshrined rights to freedom of speech and expression (Article 19 (1)(a) and right to life and liberty (Article 21).

The first Supreme Court ruling on the right to information dates back to 1975. However, no attempt was made by either the Central or the State Governments to implement a simple and effective access to information regime until after the launching of campaigns for freedom of information by civil society. (Notably, effective right to information legislation is important even where a constitutional right exists because it ensures that people do not have to go to court every time they want to exercise the right, and puts in place simple, clear and regular procedures which can be easily utilised by all.)

The first and most well-known right to information movement in India was the Mazdoor Kisan Shakti Sangathan (MKSS), which began its right to information work in Rajasthan during the early 1990s. MKSS's struggle for access to village accounts and transparency in administration is widely credited with having sparked off the right to information movement across India.

From the mid-1990s, a national campaign for the enactment of a central law on right to information gained momentum. After much struggle, the Central Government enacted the Indian Freedom of Information Act in 2002. The Act represents an important step towards actualising the Right to Information, but has been criticised for not going far enough. More problematically, the Act is yet to come into force, since the rules to implement the Act are yet to be formulated by the Central Government.

While the campaign for national legislation was going on, in the meantime some significant breakthroughs were achieved at the State-level. Tamil Nadu was the first State to enact a right to information law, in 1997, followed by Goa in the same year. To date, seven other States have passed legislation - Rajasthan (2000), Karnataka (2000), Delhi (2001), Maharashtra (2002), Assam (2002), Madhya Pradesh (2003) and Jammu and Kashmir (2003). Campaign efforts in other States have also had some success - Uttar Pradesh framed an executive code on access to information in 2000 and draft bills have now been prepared by the Governments of Kerala and Orissa.

As one of the leading campaigners for the right to information, CHRI has sought to generate awareness on this issue, support civil society campaigns and provide input into the law making process, drawing on our knowledge of international best practice. CHRI's advocacy has included the making of policy submissions, articles in the media and training and workshops. CHRI has also published several booklets, fliers, brochures and posters.

 

Prison Reforms
Checking, Correcting and Preventing Human Rights Violations through
Community Involvement in Prisons

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Places of incarceration are largely impermeable to the outside world. Inaccessibility and lack of accountability, coupled with the indifference of the public towards prisoners have led to gross violation of their rights and the current condition of Indian prisons.

The philosophy underlying the 1894 Prisons Act has since been superseded by minimum standards generally accepted as best practice both with in India and by international agreement, reflecting wide consensus on standards applicable in the context of correctional administration. At another level, even the prescribed standards are disregarded and an overlay of common practice now serves as rule rather than the statute. Prisons in India also find themselves at the bottom of the budgetary priorities of most governments, having scarcely any resources at their disposal and subject to a seemingly entrenched apathy toward prisoners and prison administration.

The CHRI prison programme works to remedy this, undertaking studies and advocacy projects to address prison conditions, reform prison management, and foster an attitude of cooperation in place of the prevailing indifference and discrimination characteristic of the criminal justice system.

The organization works through prison visits to inform its advocacy - monitoring, recording and reporting on prison conditions and practices followed on the ground to inform constructive dialogue with government officials, members of the judiciary and civil society to keep reform on the agenda, and working closely with other groups and academic institutions to draw on their specialist knowledge.

CHRI initially worked towards re-invigorating the institution of prison visitors as an external and independent oversight mechanism, assessing their performance, identifying problems and conducting capacity building programmes. The programme has since expanded to focus on conditions of detention, accountability mechanisms and wider government policy.

 

INDIA: Law-enforcement agencies made accountable to the rule of law is an urgent need

The Indian media often report with contempt the killing and maiming of the citizens by non-state actors. The limited debate in the country upon the issue is centred on the illegitimacy of violence used by the terrorists, insurgents and armed resistance movements, and is highly polarised. Except for the effort of a few publications like the Tehelka, the deliberations so far have missed a crucial aspect, the issue of disproportionate use of violence by the state upon its own citizens.

The significance of this subject is on the logic that the state is the custodian of the law and is principally responsible for governing by the rule of law. It implies that the state must ensure equality before the law and must not allow the arbitrary abuse of authority and power by its agencies. Further, it casts a legal obligation upon the state that it can resort to force only through legitimate and controlled procedures, that too in extraordinary circumstances where the lives of its citizens are under immediate threat.

The constitutional framework in the country that guarantees rule of law to its citizens thus restricts the state from unleashing disproportionate violence upon its citizens. Unfortunately, the Indian state is engaged in systematically negating this legal premise for the past several years.

A cursory glance at the statistics produced by the National Human