India: Police should not be rights violators, says NHRC chief

The Chairperson of the National Human Rights Commission (NHRC) Justice K. G. Balakrishnan has asked top police officials to understand that a misplaced protective approach towards acts of omission and commission by their subordinates raised an attitude of impunity, which was very harmful in the long run in protecting human rights.

Addressing a conference of the State police chiefs, Inspectors-General of Police and senior intelligence officials in New Delhi, he said : “They [senior police officers] need to ensure that their subordinates work with the spirit to promote rule of law which alone can serve as a guarantee against violations of human rights.''

It was for the first time that the annual conference, organised by the Intelligence Bureau, devoted an hour-long interaction with the NHRC chairperson and four NHRC members on sensitising senior police officers about creating a security environment that promotes good governance and upholds human rights.

Union Home Secretary G. K. Pillai and Intelligence Bureau chief Rajiv Mathur were present during the interaction, which saw many police chiefs raising queries and narrating their experiences.

“You have to ensure that, as the very first step, policemen do not, directly or indirectly, become violators of human rights. Only then they can act as protecters of human rights. They should be sensitive and sympathetic to the plight of victims of crime who, many a times, are from the sections of society,'' Justice Balakrishnan said.

Pointing out that the police were the ultimate vanguards of human rights, the NHRC Chairperson flagged two areas where police performances besmirches their image – police encounters and custodial violence.

In the past three years, the Commission received 212 complaints of deaths in alleged 'fake encounters', which seriously eroded the credibility of police and did not act as a deterrent or controlling crime.

“The senior leadership has to give serious thought to it and guard against a tendency of accepting that such fake encounters enjoy public support,'' Justice Balakrishnan said.

Custodial violence

Voicing concern over custodial violence, he said such a crime could certainly be prevented by the police themselves.

He asked the police chiefs to provide leadership to their forces for “zero tolerance'' for custodial violence. He also asked them to “devise ways and means'' to reduce the gap between people's expectations from the police and the actual service being delivered to them.

“You have to reach out to those sections of society who may not be in a position to raise their voice against exploitation due to ignorance, backwardness, illiteracy and poor economic conditions.''

Noting that guaranteeing the basic human rights of the police and basic amenities of the service were the best way to motivate the policemen to discharge their duties, he said transparency and impartiality of mechanisms of accountability create strength and credibility for the police.

“In other words, a democratic country like India needs democratic policing. Democratic policing is based on the idea of the police as protectors of the rights of citizens and the rule of law which ensuring the safety and security of all equally,'' he said.

Date: 27 August 2010

Source: The Hindu