Project on Image of Punjab Police in Society and Their Role

7/28/2019 Project on Image of Punjab Police in Society and Their Role

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The Image Of

Punjab Police

In Society And

Their Role InHuman Right

Violation

Punjab State

Human Rights

Commission


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Acknowledgement

Apart from the our efforts, the success of any project depends largely on the

encouragement and guidelines of many others. We take this opportunity to

express our gratitude to the people who have been instrumental in the successful

completion of this project.

We would like to show our greatest appreciation to Mr. Rohit Chatrath. We cantsay thank you enough for their tremendous support and help. We feel motivated

and encouraged every time we attended his meeting. Without his encouragement

and guidance this project would not have materialized.

The guidance and support received from all the members of PSHRC who

contributed and who are contributing to this project, was vital for the success of

the project. We are grateful for their constant support and help.


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Declaration

We hereby declare that we have made the project on Image of Punjab

police in the society with our efforts and all the research work is done

by us and the questioners are duly attached with the project. PSHRC

can take this data as sample to conclude about Punjab police and

PSHRC has very right to publish our project or a part of it.

And we assure that we will not publish this project anywhere else.

Signatures

1) Arshdeep Singh--------

2) Arpita Latta-------------

3) Arushi Singh------------

4) Jaypreet Singh----------

5) Simranjeet Singh-------


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TABLE OF CONTENTS

IntroductionNational Human Rights Commission

Toll free number

Registration of Offences

Station House Officer meeting to public

Code of Conduct for Police in India

Commonwealth Human Rights Initiative

Need of police reforms

Democratic policing

Police Reforms: India

Supreme courts directive

Police act drafting committee

Reforms a Mirage

Lesson for Police

Human Rights Watch and Police speak

Recommendations from people

Quotes from people of Punjab

Suggestions from our side

Identifying gaps in Police performance

Pie Charts

Victim of crime

Nature of crime

Level of security

Police Visibility and response Reporting crime

Offering bribe


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Introduction

The presumption that everyone knows the law is a myth that causes needless

suffering to millions of people in India - especially those who are unlettered.

Ignorance of laws- and the rights guaranteed by them - facilitates blatant misuseof authority by law enforcers, whose job is to protect peoples rights. Merely

putting in place, provisions for the protection of human rights without

empowering people through human rights education about the means to ensure

their compliance is meaningless. Rule of law to be meaningful must meet the end

of legal awareness.

While police officers must know the limits and nature of their authority, citizens

too, must know their rights, even when they have to answer to the law. A proper

balance of individual rights and public interest has to be achieved through themechanism of the rule of law. This is the essence of human rights law and the

avowed purpose of this compilation.

The law laid down by the Supreme Court is the law of the land and binds

everyone. The Supreme Court decisions included in this compilation relate to

matters impinging on the basic human rights of individuals to life and liberty,

which are sacrosanct. The NHRC guidelines are meant to inform citizens as well as

the police about their rights and duties; to enable people to protect them with

this knowledge; and to guide the police in the performance of their task byindicating that any transgression would be illegal.

Respect for human rights lies at the heart of good governance. In a democratic

society, it is the responsibility of the State to protect and promote human rights.

All State institutions whether they are the police department, the army, the

judiciary or civil administration have a duty to respect human rights, prevent

human rights violations, and take active steps for the promotion of human rights.

The role of the police is especially significant in this respect. The police are

charged with the responsibility of maintaining order and enforcing laws.

Therefore, the onus of bringing those who break the law - including laws which

protect peoples human rights - before the criminal justice system lies on the

police.


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Unfortunately, many a time, while discharging this duty, actions of the police

conflict with human rights. Police officers are pressured to get quick results, often

with unofficial guarantees that they may use any means possible to accomplish

the task at hand. However, the police as protectors of the law have both a legal

duty and a moral obligation to uphold human rights standards and act strictly inaccordance with the law and the spirit of our Constitution.

The Supreme Court has over the years, explained and elaborated the scope

ofFundamental Rights. They have strongly opposed intrusions upon them by

agents of theState, by asserting that the rights and dignity of individuals must

always be upheld. TheCourt has laid down certain directives for law enforcement.

These directives deal withvarious aspects of police work at the station house or

cutting edge level, such asregistration of a case; conduct of an investigation;

carrying out of an arrest; treatment ofan arrested person; grant of bail;questioning of a suspect; and protection of the rights ofwomen, poor and the

disadvantaged. They also have the force of law.

An officer whowillfully or inadvertently ignores Supreme Court directives

can be tried in courtunder relevant provisions of the Indian Penal Code and

under the Contempt ofCourts Act, 1971.The National Human Rights Commission [NHRC] too has issued guidelines for

policeofficers. The Commission has been established under a special Act ofParliament toprotect and promote the human rights of all people living in India.

The National Human Rights Commission addresses violations of human rights by

recommending registration of criminal cases against the guilty; disciplinary action

against errant officers; and payment of compensation to the victims. Because an

overwhelming majority of complaints received by the National Human Rights

Commission concern the police, the Commission has made it mandatory to report

any case of custodial death or rape within 24 hours and to provide it with a video-

film of the post-mortem examination. The Commission has also issued guidelines

to the police on encounter deaths; lie detector tests; arrest; and police-publicrelations.


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Guidelines of the National Human Rights Commission are increasingly being

subject to positive interpretation by the courts. This means that officers

accused of violating human rights may be called upon to explain why these

guidelines were not followed.

NATIONAL HUMAN RIGHTS COMMISSION [NHRC]

GUIDELINES ON POLICE. PUBLIC RELATIONS December 22,

1999

National Human Rights Commission guidelines on police-public relations areofparticular relevance to officers at the cutting edge level, i.e. those who are

posted atpolice stations. These guidelines have been communicated to all chief

secretaries andpolice chiefs. They are in an invaluable aid for police officers toperform their duties in amanner compatible with prevailing human rightsstandards.

Toll free telephone number for the public to convey crime

information to the public

Police services of all states should set up a toll free telephone number for the

publicconvenience. In Kerala, this number is 1090. The National Human Rights

Commissionhas recommended that for the purpose of uniformity, all statesshould have the samenumber i.e. 1090. They have advocated that:

The number should be dedicated to public use and installed in the Police

ControlRoom/Police Station/ Sub-Divisional Office.

The number should be toll free within the state, enabling people from

remote partsor interiors of districts to access it.

Callers should not be compelled to reveal their identity. They may be givenacode number to identify themselves to know the result of the

investigation.


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Callers should be rewarded for their public-spirited service by

issuingcommendation certificates if the information results in detection of

crimes.

Registration of offences and information about progress ininvestigation

Transparency in the investigation process must be maintained. The Commission

hasstressed that complainants must have access to information about their cases.

They havesaid that:

A First Information Report [FIR] should be registered promptly on receiving

acomplaint about a cognizable offence.

A copy of the FIR should be given to the complainant and an entry about

thisshould be made in the First Case Diary.

If the complaint does not make out a cognizable offence, the police should

explain to the complainant, the reasons why the complaint cannot be

registered.

If investigation is not completed within three months of the FIR being

registered; the complainant should be informed in writing giving specificreasons for thedelay.

Proof of having informed the complainant [postal acknowledgement or

writtenacknowledgement] about reasons for the delay in investigation

should be kept onthe Case Diary file.

If investigation is not completed within six months of registering the FIR,

thecomplainant should be informed again in writing about the reasons for

non-completionof investigation, and the acknowledgement should be kepton the Case Diary file.

If the investigation is not completed within one year, a more detailed

.intimation.[memo] should be prepared by the investigating officer giving

reasons for thedelay to the complainant. The .intimationshould be


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endorsed by a gazette officer who directly supervises the work of the

investigating officer. The gazette officer should personally verify the

reasons for delay given by the investigatingofficer. A record of the

.intimationand its acknowledgement by the complainantshould be kept on

the Case Diary file.

The complainant should be informed once the investigation is completed

and a charge-sheet is filed before the court. A copy of the charge-sheet

should be givento the complainant by the police. In case the complainant is

not available for somereason, her/his family should be informed.

Meeting of Station House Officers with the Public

In order to strengthen police-public relations, Station House Officers [SHO]

musthold regular monthly meetings in areas falling under their jurisdiction. This

will enablepeople to voice their grievances to the SHO. It will also give the police

an opportunity toinform people about law and order issues and enlist their

cooperation in maintaining peace and preventing crime. The Commission has

advocated that senior officers shouldalso take part in these meetings along-with

Station House Officers.

Code of Conduct for the Police in India1. The police must bear faithful allegiance to the Constitution of India andrespect

and uphold the rights of the citizens as guaranteed by it.

2. The police should not question the propriety or necessity of any law

dulyenacted. They should enforce the law firmly and impartially, without fear

orfavor, malice or vindictiveness.

3. The police should recognise and respect the limitations of their powersandfunctions. They should not usurp or even seem to usurp the functions of

thejudiciary and sit in judgement on cases to avenge individuals and punish

theguilty.

4. In securing the observance of law or in maintaining order, the police should

asfar as practicable, use the methods of persuasion, advice and warning.


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Whenthe application of force becomes inevitable, only the irreducible minimum

offorce required in the circumstances should be used.

5. The prime duty of the police is to prevent crime and disorder and the

policemust recognize that the test of their efficiency is the absence of both andnotthe visible evidence of police action in dealing with them.

6. The police must recognize that they are members of the public, with the

onlydifference that in the interest of the society and on its behalf they

areemployed to give full time attention to duties which are normally

incumbenton every citizen to perform.

7. The police should realize that the efficient performance of their duties will

bedependent on the extent of ready cooperation that they receive from thepublic. This, in turn, will depend on their ability to secure public approval of

theirconduct and actions and to earn and retain public respect and confidence.

8. The police should always keep the welfare of the people in mind and

besympathetic and considerate towards them. They should always be ready

tooffer individual service and friendship and render necessary assistance to

allwithout regard to their wealth and / or social standing.

9. The police should always place duty before self, should maintain calm intheface of danger, scorn or ridicule and should be ready to sacrifice their lives

inprotecting those of others.

10. The police should always be courteous and well-mannered; they should

bedependable and impartial; they should possess dignity and courage; and

shouldcultivate character and the trust of the people.

11. Integrity of the highest order is the fundamental basis of the prestige of

thepolice. Recognizing this, the police must keep their private lives

scrupulouslyclean, develop self-restraint and be truthful and honest in thoughtand deed, inboth personal and official life, so that the public may regard them

asexemplary citizens.

12. The police should recognize that their full utility to the State is best

ensuredonly by maintaining a high standard of discipline, faithful performance of


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duties in accordance with law and implicit obedience to the lawful directionsof

commanding ranks and absolute loyalty to the force and by keepingthemselves in

the state of constant training and preparedness.

13. As members of a secular, democratic state, the police should strivecontinuallyto rise above personal prejudices and promote harmony and the spirit

ofcommon brotherhood amongst all the people of India, transcending religious,

linguistic or sectional diversities and to renounce practices derogatory to

thedignity of women and disadvantaged sections of society.

Guidelines of Commonwealth Human RightsInitiativeCHRIs police reforms aim to realize increased demand for and achievement of

police accountability and reform throughout the Commonwealth.

The police reforms target policy makers, police organizations, 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 organization and puts forward a roadmap for reform.

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 legitimatepolicing is policing that helps create an environment free from fear and

conducive to the realization of peoples 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


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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

organizations working towards reform. Some police organizations haveundergone varying degrees of modernization 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 organizations, 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 ofdemocratic policing.

A democratic police organization 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 ofindividuals and private groups

protects human rights

provides society with professional services

is representative of the community it serves


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Police Reforms: India

India's police are governed by archaic and colonial police laws harking back to

1861. Under the Indian Constitution, policing is a state power, which means

that state governments have the responsibility to provide their communities

with a police service (the national government has the responsibility for

policing in union territories). Most state governments have a police law that

adopts or reflects the basic ideas of the 1861 legislation.

There has been almost 30 years of debate on policing and reform in India, withcommission after commission submitting reports and recommendations to

governments. Each report has gone unimplemented. At the end of 2006, there

was a shift in the reform process, with a Supreme Court decision that required

Indian governments to ensure police accountability and the release of a draft

Model Police Act by a national Police Act Drafting Committee.

The Supreme Court directivesIn 1996, two former Director Generals of Police asked the Supreme Court todirect central and state governments to address the most glaring gaps and bad

practice in the functioning of the police.

On 22 September 2006, the Supreme Court of India delivered a historic

judgment in Prakash Singh vs. Union of India, instructing central and state

governments to comply with a set of seven directives that laid down practical


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mechanisms to kick-start police reform. The Court's directives sought to

achieve functional autonomy for the police (through security of tenure,

streamlined appointment and transfer processes, and the creation of a "buffer

body" between the police and the government) and enhanced police

accountability (both for organizational performance and individualmisconduct.)

The Supreme Court required all governments, at centre and state levels, to

comply with the seven directives by 31 December 2006 and to file affidavits of

compliance by the 3rd of January 2007. State government responses varied

tremendously, ranging from complying in time with the directives through

executive orders, to expressing strong objections to the directives and asking

the Court to conduct a review.

Police Act Drafting CommitteeIn October 2005, the central government set up a Police Act Drafting

Committee (PADC) - commonly known as the Soli Sorabjee Committee - and

asked it to draft a new model bill to guide state government's adoption of new

police laws. The PADC was required to take into account the changing roles,

responsibilities and challenges of policing. The PADC submitted its Model Police

Act to the Home Ministry on 30 October 2006.

AimThe aim of CHRI's India police program is to develop and disseminate police

reform and accountability expertise, build civil society capacity to advocate for

police reform and advise on police accountability, catalyze demand for police

reform, particularly around the Supreme Court directives and the Model Police

Act and to monitor government compliance with the Supreme Court directives.

ActivitiesIn 2006, CHRI facilitated a series of civil society consultation workshops across

India, bringing the police reform debate to the community. Also in 2006, the

programs on the government Police Act Drafting Committee, providing a critical


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human rights and civil society voice as a model law was drafted for India. CHRI

also intervened in the Supreme Court case Prakash Singh.

CHRI continues to monitor compliance with the Supreme Court directives and to

advocate for police accountability and reform around the Model Police Act andthe directives.

REFORMS A MIRAGE?

Intelligentsias speak!!!!

Soli Sorabjeesaid that he did not think that reforms were something thatpoliticians would pay lip service to and they would not remain a mirage forever, at leastnot this time around.

He said that first the crux of the reforms needed to be implemented. "At least the Delhistate government and the other Union Territories should do this and set an example forall the other states. I think most states would follow the example, but if they don't thenthey would have a real risk for being hauled up for contempt."

Sorabjee said that the police was not accountable to political masters and thereforethere was no problem in freeing them from the clutches of politicians. He said that thepolice was accountable to the law and to the Constitution.

"According to the reform recommendations, there will be an independent bodyestablished to which police departments will be accountable and this will not merelyconsist of executives. This will also have retired police and judicial officers," Sorabjeesaid.

Kiran Bedisaid that there were fundamental problems with the constabulary thatneeded to be solved. "We are ill-equipped, ill-trained and most of all, ill-led. Policeofficers are politically appointed and politically removed. We cannot have a base that isbaseless and an insecure leadership. We need secure leadership for the 80 per cent

base, which is the constabulary, the real intelligence collector," she stated.

Abhishek Manu Singhvisaid that there were many, many parts to policereforms. "The reforms are not monolithic and if you try and ram down the most extremepart first, we might not get anywhere. We will have to move slowly and methodicallyhere. I suggest we take this phase-wise. It is possible that to create a police forcecompletely divorced from the political society may not be possible in the first place. After


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all, there has to be accountability in other organs of India through the political class.That's the way the police has been functioning."

He added that he was not saying that reforms were not required in the future, but thatthey be tried out in medium and smaller phases at first.

"Try for the small change and then in a few months' or a few years' time, go in for thebigger change," he concluded.

Lesson for the Police

(a)Compensation for violation of human rights: It has been widelybelieved that violation of human rights by Police during the course of

investigation is so rampant that more emphasis is required to be given to the

protection of human rights as a result of which not a single iota of criminality can

be exposed by the police. Violation of human rights committed by the police will

be visited with consequences of entailing criminal prosecution and award of

compensation by the High Court and Supreme Court in the exercise of their extra

ordinary jurisdiction. In Rudul Shah Vs State of Bihar, AIR, 1983 SC 1806, the

Supreme Court held that Article 21 which guarantees the right to life and liberty

will be denuded of its significant content if the powers of the court were limitedto passing orders of release from illegal detention. One of the telling ways in

which the violation of that right can reasonably be prevented and due compliance

with the mandate of Article 21 secured, is to mulch its violators in the payment of

monetary compensation. Administrative sclerosis leading to flagrant infringement

of fundamental rights cannot be corrected by any other method open to judiciary

to adopt. The right to compensation is some palliative for the illegal acts of the

instrumentalities which act in the name of public interest and which present for

their protection the power of the State as a shield. If civilization is not to perish in

this country as it has perished in some others, too well known to mention suffer,

it is necessary to educate ourselves into accepting that respect for the right of the

individuals is true bastion of democracy. The State must repair the damage done

by its officers to the rights of the petitioner.

(b)In Bhim Singh Vs State of J&K, AIR, 1986 SC 494;the Supreme


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Court held that arrest of a member of Legislative Assembly while enroot to attend

the Assembly session with mischievous and malicious intent will be compensated

by awarding suitable monetary compensation in appropriate case. The court

further held that police officer must show greatest respect for personal liberty of

citizen.

(c)Illegal arrest by the police vis--vis right of private

defense:Criminal Law of India permits a Policeman to arrest a person if he isinvolved in a cognizable case or there is any complaint or any reasonable

suspicion of committing cognizable offence. Any illegal arrest will provide the

arrestee an opportunity to exercise his right of private defense against the

policeman who is making the illegal arrest. In State of UP Vs Niyamat and others,

(1987) I Reports (SC) 678, the Supreme Court held that illegal arrest by police

constable would justify right of private defense. Accused rescuing person arrestedillegally by Police Constable firing gun shots which was followed by firing by the

accused inflicting injury to the Police constable and their associates. The accused

acted in his right of private defense.

(d)Rape Committed on Women by Railway Employee in a building

to railway is violation of Article 21 and compensation can be

granted under Article 226 notwithstanding that suit could be filedfor damages in civil court: In Chairman, Railway Board Vs Mrs. ChandrimaDas, AIR 200, SC 988, the Supreme Court held that Rape committed on a woman

by railway employee in a building belonging to railways Petition for

compensation by victim against Government- Maintainable not withstanding that

the suit could be filed for damages in Civil Court. Where public functionaries are

involved and the matter relates to violation of the Fundamental Rights or the

enforcement of public duties, the remedy would still be available under the Public

Law not withstanding that a suit could be filed for damages under Private Law.

Citizen sacrificed life in apprehending criminal as directed by Police entitled to

compensation.

In Re. Khalid Razak Sheikh (deceased), 2001 Cr. LJ 2303 (Bom), the Bombay High

Court held that it is the duty of the State to maintain law and order through Police

force and when a member of the Police force directs a citizen to chase and


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apprehend those who are suspected of committing offences, the State cannot be

permitted to wriggle out of its responsibility to pay compensation in the event of

death of such a citizen.

A contrary approach would demoralize the citizen and would result in peopleshying from rushing to that assistance of the police in such situations and indeed

would be distressing. As a matter of fact, the State should feel thankful that there

are citizens like deceased who at the peril of their lives join a chase to apprehend

those suspected of committing crimes. In the circumstances in which the

deceased died, compensation is the legitimate right of his widow and not an act

of charity on the part of the State. Thus, in view of the fact that the widow of

deceased is living in a very expensive town, a compensation of Rs 3,00,000/- be

paid to widow to meet the ends of justice. Further, the State Government is

directed to give her suitable employment in the event of making an applicationfor employment by her.

Human Rights Watch and Police speak.

Several police officers admitted to Human Rights Watch that they routinely

committed abuses. One officer said that he had been ordered to commit an

"encounter killing," as the practice of taking into custody and extra-judicially

executing an individual is commonly known. "I am looking for my target," the

officer said. "I will eliminate him. I fear being put in jail, but if I dont do it, Illlose my position."

Almost every police officer interviewed by Human Rights Watch was aware of the

boundaries of the law, but many believed that unlawful methods, including illegal

detention and torture, were necessary tactics of crime investigation and law

enforcement.

The Indian government has promised to pursue police reforms actively. Human RightsWatch said that a critical step is to ensure that police officers who commit human rights

violations, regardless of rank, will face appropriate punishment.

"Police who commit or order torture and other abuses need to be treated as the

criminals they are," said Adams. "There shouldnt be one standard for police who

violate the law and another for average citizens."


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Human Rights Watch also said that while not excusing abuses, abysmal conditions

for police officers contribute to violations. Low-ranking officers often work in

difficult conditions. They are required to be on-call 24 hours a day, every day.

Instead of shifts, many work long hours, sometimes living in tents or filthy

barracks at the police station. Many are separated from their families for longstretches of time. They often lack necessary equipment, including vehicles, mobile

phones, investigative tools and even paper on which to record complaints and

make notes.

Police officers told Human Rights Watch that they used "short-cuts" to cope with

overwhelming workloads and insufficient resources. For instance, they described

how they or others cut caseloads by refusing to register crime complaints. Many

officers described facing unrealistic pressure from their superiors to solve cases

quickly. Receiving little or no encouragement to collect forensic evidence andwitness statements, tactics considered time-consuming, they instead held

suspects illegally and coerced them to confess, frequently using torture and ill-

treatment.

"Conditions and incentives for police officers need to change," Adams said.

"Officers should not be put into a position where they think they have to turn to

abuse to meet superiors demands, or obey orders to abuse. Instead they should

be given the resources, training, equipment, and encouragement to act

professionally and ethically."

"Broken System" also documents the particular vulnerability to police abuse of

traditionally marginalized groups in India. They include the poor, women, Dalits

(so-called "untouchables"), and religious and sexual minorities. Police often fail to

investigate crimes against them because of discrimination, the victims inability to

pay bribes, or their lack of social status or political connections. Members of these

groups are also more vulnerable to arbitrary arrest and torture, especially meted

out by police as punishment for alleged crimes.

Colonial-era police laws enable state and local politicians to interfere routinely inpolice operations, sometimes directing police officers to drop investigations

against people with political connections, including known criminals, and to

harass or file false charges against political opponents. These practices corrode

public confidence.


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"She was kept in the police station all night. In the morning, when we went tomeet her, they said she had killed herself. They showed us her body, where shewas hanging from a tree inside the police station. The branch was so low, it isimpossible that she hanged herself from it. Her feet were clean, although therewas wet mud all around and she would have walked through it to reach the tree. It

is obvious that the police killed her and then pretended she had committedsuicide."

Brother-in-law of a victim, describing her death in police custodyin Ludhiana

"We have no time to think, no time to sleep. I tell my men that a victim will onlycome to the police station because we can give him justice, so we should notbeat him with a stick. But often the men are tired and irritable and mistakes takeplace."

, a sub-inspector who heads a rural police station in Punjab state

"They say, investigate within 24 hours, but they never care about how I will do[that]; what are the resources. There is use of force in sensational casesbecause we are not equipped with scientific methods. What remains with us? Asense of panic surrounds our mind that if we dont come to a conclusion we willbe suspended or faces punishment. We are bound to fulfill the case, we mustcover the facts in any way."

Sub inspector working in Gurdaspur, Punjab

"Often, it is our superiors who ask us to do wrong things. It is hard for us to

resist. I remember, one time, my officer had asked me to beat up someone. I saidthat the man would be refused bail and would rot in jail and that was enoughpunishment. But that made my officer angry."

Constable in Punjab

"With all the mental stress, the 24-hour law-and-order duty, the political pressure,a person may turn to violence. How much can a person take? We have to keepwatch on an accused person, their human rights, but what about us? Living likethis 24 hours. We are not claiming that our power makes us born to work all thetimes. Sometimes we beat or detain illegally, because our working conditions, our

facilities are bad. So we are contributing to creating criminals, militants."

Inspector in charge of a police station in Phagwara, Punjab


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RECOMMENDATIONS:

1. Require the police to read suspects their rights upon arrest or any

detention, which will increase institutional acceptance of these safeguards;

2. Exclude from court any evidence police obtain by using torture or cruel,

inhuman, or degrading treatment in suspect interrogations;

3. Bolster independent investigations into complaints of police abuse and

misconduct through national and state human rights commissions and

police complaints authorities; and

4. Improve training and equipment, including strengthening the crime-

investigation curriculum at police academies, training low-ranking officers

to assist in crime investigations, and providing basic forensic equipment to

every police officer.

5. The eighth report of the NPC recommended that protection available to

the police officers from prosecution under section 132 and 197 of the

Code of Criminal Procedure which mandate prior sanction of the

government in order to prosecute any public servant including police

official for any act done in discharge of his official duty be withdrawn or

that a proviso be added to the section to initiate automatic judicial enquiry

in every refusal to prosecute. This recommendation must be implemented.

Making the police more accountable would deter police officials from

harassing citizens.

6. There should be an independent board composed of civil society members

with no police officials on-board which should enquire into any allegations

of complaints against police officials. This would ensure that every victimof human rights violation has a platform for redressal, making the police

accountable.

7. The law in books must be put to practice and this can only be ensured by

imparting human rights education. Principle and practice should not differ

and therefore training in human rights laws should be made compulsory


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for all police officials. This will sensitize and inculcate respect for human

rights in them and also improve police-public relations.

8. If any violation of human rights has been committed by a subordinate

officer and subsequently the superior officer, even after the incident came

to his knowledge, does not institute disciplinary action against him thenthere should be a presumption about his complicity in executing the

incident.

Recommendations of the people with respect to the working of

Punjab Police

The foremost thing which is said by the society is that the officials should be

honest and sincere towards their work. They should not indulge in crimes like

taking bribes. They should improve their dealing with the society, should improve

their dealings with the society, should be quick, efficient and effective in response

to the complaints made and should be polite to the complaint. Polite to the

complaints, police should be considerate with the victims problems.

People believe that the corrupt officials should be penalized for not taking proper

action against the culprits. Police is too lethargic. The traffic regulations should

also be made more rigorous. Public camps should be put up so that the

communication gap between the police and public should also reduce. The police

should concentrate on customer service as they are the keys of country. The

police officials should not be bias and should not exploit poor people for money

and in case of rape victims thepolice should not humiliate the victim.

The need of the hour is that

1) The writing conditions of the police needs to be improved.

2) The selection of officials should be made more rigid.

3) Anti corruption vigilant should given be given top priority.

4) A revised pay scale for lower officials is very much required.

5) Technology and better weapon system should be provided to the police.


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6) Since the police officials are over-weight continuous fitness camps should

be held for them.

7) Technology and better weapon system should be provided to the police.

8) Since the police officials are over-weight, continuous fitness camps should

be held for them.

9) Should be well-educated.

10) Proper security for women should be arranged for and eve-teasing

should be kept a check on.

11) Police should be pro- active to avoid problem at the 1st

place.

12) Higher officials should keep a proper check on their subordinates.

13) Police should be free from political pressure.

Quotes from people of Punjab

Police can never be changed they will always remain the same, whatever wrong you

do can be rectified by money. They are all corrupt n they are all the same.

Punjab police should organise public camps in a scheduled manner throughout the

year so that different communities could convey their problems to senior officials and in

that manner police will become friendly to the public.

There should be rigorous regulations on traffic rules. The traffic rules come across so

many people breaking traffic rules, especially in Ludhiana. The traffic police is rarely

present anywhere. So the traffic police must be more active in their duties.

Actually I am almost satisfied with the service of police in my hometown. If we talk

about state police or country police then I, personally feel that all police group should


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work together to reduce crime rate. Police should make people aware about the

different happenings.and should serve the people honestly.

The selection procedure of IPS officers should be made more rigid so that the best are

selected. Anti-corruption vigilant should be given top priority. Pay scales needs to be

revised for the junior officials. Joint exercises with foreign police officials.Technology

and better weapon system. Continuous fitness exercises. Better redressal of problem

related to police, misuse of power should be controlled.

The Punjab Police need to be shaken out of their lethargy and lackadaisical attitude.

The State Government needs to improve their working conditions and at the same time

pressurize them to take their sincerely and seriously.

Lady Police should be made to check eve teasing in civil dress. A special cell should

be formed to track unknown callers especially to girls from the opposite sex.

Suggestions from our side:

Adopt a comprehensive human rights policy.

Incorporate human rights standards into standing orders for the police .

Provide human rights training to all police, at recruitment and periodically.

Cooperate with national and international human rights organizations.

Protect and respect the human rights of all persons, including rights essential topolitical processes.

Maintain and preserve social order so that democraticpolitical processes can beconducted constitutionallyand legally. Ensure that policies and strategies of thepoliceagency are based on respect for democratic government.

Devise means to discover the specific needs of thelocal community, and respondto those needs.


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Ensure that the composition of the police agency isrepresentative of the entirecommunity through fairand non-discriminatory recruitment andmanagementpolicies and practices.

No one shall be subjected to arbitrary interference withhis or her privacy, family,

home or correspondence.

No one shall be subjected to unlawful attacks on his orher honor or reputation.

No pressure, physical or mental, shall be exerted on suspects,witnesses orvictims in attempting to obtaininformation.

Torture and other inhuman or degrading treatment isabsolutely prohibited.

Victims and witnesses are to be treated with compassionand consideration.

Confidentiality and care in the handling of sensitiveinformation are to beexercised at all times.

Solicit technical cooperation, including, wherenecessary, from internationaltechnical policing programson current techniques and technologies forpoliceinvestigations.

Announce and enforce strict penalties for violationsof regulations regarding thelegality of investigatorypractices.

Participate in training to develop and maintain thenecessary interpersonal skills,

and especially skillsof communication, to enable you to effect arrestsexpertly,discreetly and with due respect for humandignity.

Where resistance is not evident, attempt calm, polite,disarming language whenaffecting an arrest, resortingto strong, authoritative tones only whennecessary.

Study conflict-resolution techniques, through in-servicetraining or communityeducation programs.

Provide training in interpersonal skills, conflictresolutiontechniques, self-defenseand the use ofrestraint mechanisms.

When arrests can be planned in advance, ensure thata range of options isavailable, and that planning,preparation, briefing and tactics adopted areappropriateto the circumstances and conditions underwhich the arrest is to bemade.


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Enroll in training programs to sharpen your counseling,riot-control, first-aid, self-

defense, conflictresolutionand supervisory skills.

Carry out regular, periodic checks of detainees, toensure safety and security.

Consult closely with medical personnel on all mattersof diet, restraint anddiscipline.

Report immediately any suspicion of mistreatmentof detainees, physical ormental.

Assign at least one officer with training inpsychological care and counseling,includingsuicide prevention, to be on duty at all times.

Establish and announce an appropriate range ofpenalties for police violations,

from suspension, paydocking and termination, to criminal prosecution forseriousviolations.

All incidents of the use of force or firearms shall bereported to and reviewed bysuperior officials.

Superior officials shall be held responsible for theactions of police under theircommand if the superiorofficial knew or should have known of abuses but failedtotake concrete action.

Officials who refuse unlawful superior orders shall begiven immunity.

Officials who commit abuses of these rules shall not beexcused on the groundsthat they were following superiororders.

Participate in stress-counseling activities.

The police seek more power so that they can bring about a sense ofaccountability totheir work whereas the public believe that it is because of theunrestricted power thatthe police wield that they are unaccountable for theiractions.

Everyone wants to be a beneficiary of law but no one wants to be its victim.There isan inherent contradiction. To make civil society a reality there has to becontrols; what needs to be determined is the degree and method through which itcan beachieved. Coercive power needs to be tempered with a degree ofaccountability on thepart of the police.


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In the absence of proper investigating techniques the easiest way to solve acrime is toextract confessions from the accused which leads to a culture ofcoercion andexercise of unauthorized power accounting for human rightsexcesses.

Police derives its strength from the Constitution which is the reflection oftheaspirations of common man. Effective policing will come about only if the

police seetheir role as upholding the basic values of the Constitution .lawenforcement doesntany longer mean law and order but means upholding all thelaws of the land.

The process of advocating police reforms needs to become a demand fromthecommunity. Even though the powers of the police are legal, its misuse isn.t.

An in-built system ofaccountability has to be created..

Instead of looking at revising the Police Act of 1861 in isolation, small

interventionsshould be made at every step of policing.

It is imperative that whenever a debate on police reforms is initiated,participationshould involve not only the public and the police but also politicians.It is often theirinterference that hampers effective policing. The Kerala case studywas cited. The ex-Chief Minister of the state, Mr. A.K. Anthony had givenautonomy to the police freefrom the interference of the politicians. This initiativethough noble in its conceptfailed because there was no legal mandate attachedto it.

People are fatigued because they are bombarded with instances of corruption

andquestions being asked but with no solutions provided.

The criminalization process in the police has become severe. There needs to beamechanism where in at the time of recruitment one can carry out a systematic

processof psychological profiling of the recruits.

Reforms should target not only the service as a whole but also individualsbecauseafter all it is the individual who runs the system. A greater consciousnessof individualperformance has to be sought thorough training and incentives.

Generally its the police who bear the brunt of media bashing whenever there is

acrime committed. It is imperative for a reporter to go beyond the surface of whatislargely believed to be true and try and portray a more accurate picture of theevent.

The police have always been treated in isolation when it comes to tracinghumanrights violations. While reporting on human rights perspective of the victimas wellthe situation of the police should be taken into consideration, while


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remembering thatdifficulty of policing is not an excuse for violence or illegalityand poor serviceconditions are not akin to violations of human rights.

Firstly the officials should be technically trained and well equipped with new

methodologies to track the criminals or the law breakers.

And they should be given on the job training time to time

At times Police officials dont pen down the complaints of the complainant due to

some of the reasons whether their personal interest or political pressure strict

action should be taken against these officials even proper complaint cells should

be made.

Fourthly fitness test should be conducted for the officers from time to time.

The number of officials should be increased in each and every unit.

Lastly the police officials should be more centralized.

Identifying the gaps in police performance

STEP TWO

ESTABLISH

DESIRED

PERFORMANCE

STEP THREE

IDENTIFY

ACTUAL

PERFORMANCE

STEP FOUR

CAPACITY-BUILDING

SPECIFICATION

SKILLS GAP


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1. SELF-ASSESSMENTS

Self-assessments are relatively untried as a technique in ascertainingcapacitybuildingneeds among police staff. They can be generated by using some

form ofself-appraisal questionnaire, using a checklist method or in free text form.

With thecorrect level of briefing on the use of the forms this can be an effective

method ofgathering data from individual police officers, particularly middle to

senior rankingofficers. Officers who are assessing themselves are more likely to

respond withcommitment, knowing that it will bring personal development

benefits.This method also makes it easier to obtain data from a wide range of

sources in areasonable period and at relatively little expense. It is contingent

upon officers havingsufficient knowledge of their present and future jobs toprovide properly informedideas about their capacity-building needs. Many police

organizations have humanresource information systems that include a facility for

self-assessment againstspecific competency frameworks. A police reform program

must include greateremphasis upon middle to senior officers taking responsibility

for their owndevelopment and the use of self-assessments creates obvious

advantages in this effort. It must, however, be properly orchestrated with the use

of training anddevelopment guides and briefing sessions. In the initial stages

officers may find itdifficult to link a performance need to a known or possible

capacity-buildingintervention.

2. OBSERVATION

Observing officers and support staff in the workplace is a direct and objective

method of gathering data. It has the advantage of obtaining first-hand evidence

about apolicing job and the manner of performance. It is capable of delivering

relevant data on capacity needs at the very point where properly specifiedtraining anddevelopment can have the best impact. Observation can target data

that relates toparticular elements of the job or the whole job. Different

techniques can be applied inobserving, such as work studies, work measurement

and simple observation. A workstudy observation will involve making recordings

of work activities, averagecompletion times and performance standards in


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respect of each task. Observation is a technique that seeks to measure staff

behavior and can take placeeither before, during or after a capacity-building

program. Observers must beproperly trained and aware of the need to reduce

their influence in the observationprocess to a minimum, as well as expert in

interpreting what they see and hear inaccordance with a defined schedule. Theobservation can be recorded using videorecording or audio recording equipment,

although the presence of a camera mayhave a negative impact on the results.

3. SIMULATION EXERCISES

Simulation exercises are an increasingly popular method of observing police

officersin job tasks that might be inappropriately observed on the street: for

example, making an arrest of a violent or dangerous person, conducting an armed

siege andcontrolling a violent demonstration or riot. Role-plays are a form of

simulation thatcan be used to assess a common and repetitive job task. They are

particularlyappropriate in simulating those policing incidents that do not occur

frequently andrequire a high performance standard, particularly among police

supervisors andleaders. Whilst useful and effective, such simulations are

expensive to operate interms of development, piloting, resources and equipment.

4. ASSESSMENT CENTRE

Assessment centre represent the high end of performance gap analysis in apoliceorganization, in terms of cost and sophistication. They represent the

ultimatecombination of a number of techniques such as interviews, written tests,

simulations,group exercises and individual exercises. Whilst the assessment

centre originated asa selection and recruitment tool, it has evolved into a potent

method of identifyingperformance needs. Through use of such a range of

techniques the assessmentcentre can obtain a comprehensive picture of a staff

member's extant and potentialcompetence to perform at a defined level. It thus

provides a fully comprehensiveanalysis of performance measured against the

defined standards in a job profile andthereby indicates precise gaps inperformance and capacity needs.Assessment Centre require careful design to

ensure that the various tests andsimulations accurately reflect the requirements

of the relevant job. In addition, theydemand a team of skilled observers who it

is recommended - are external to thetarget group and not known to them. Of

course, the results extracted fromassessment centre exercises need to becarefully

analyzed. This and other aspectsof the assessment centre make it anexpensive


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exercise in terms of the cost ofthe observer group and the considerablecost to the

organization of abstracting theassessment group from the workplace forperiods

of a day or more. In view of thecosts, the assessment centre is usuallyused for

senior officer development, the identification of future police leaders

andmanagers of specialist units, such as criminal investigations and surveillanceteams. It has proved an effective tool in those police organizations with a policy of

fasttrackingtalented officers into senior ranks.

4.GATHERING DATA ABOUT PERFORMANCE

Data about police performance can be sourced either internally or externally.

Themain area of interest in this book is the acquisition of data by capacity-buildingspecialists who operate within a police organization, i.e. internally

sourced data. However, at the end of the chapter some externally sourced data

that can be used toidentify gaps in performance will be briefly considered. As will

be seen, internallysourced data has the advantage of being consciously linked to

the skill areas definedin a job profile, whereas externally sourced data will tend to

be phrased in moregeneral terms. Contingent on the quality of the source data,

however, externalmaterial can be useful as a means of highlighting deficiencies in

police performancethat the Commissioner can follow through with a more

detailed internal study

5. INTERVIEWSThe interview is the next most popular evaluation tool. Itcreates an advantage

when the responses to questions need further elaboration interms of the causes

of behavioral change and reactions to particular situations. Interviews can either

be structured or unstructured. The former is similar to thequestionnaire and is

best applied where time is limited. It requires a number ofinterviewers and will

generally exclude any additional or probing questions. However,unstructuredinterviews provide scope for more probing and exploratory questions inthe search

for more detail. The interview is the most popular tool employed by capacity-

building specialists. Familiar and easy to use, the interview technique is perhaps

too often used to theexclusion of other methods and often done without the

requisite skills to make it fullyeffective. The range of use is broad: including, single

interviewees or groups, structured or unstructured, and formal and informal


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interviews. It can be conducted inperson, in private, in the workplace or via

telephone.

Depiction Of Results Through Graphs

We have conducted a survey in various cities of Punjab: Amritsar, Patiala ,

Mohali,Jalandhar,Ludhiana,Gurdaspur,Jandiala,Ropar,Phagwara,Nawanshar,

Ferozpur,Tarn Taran, Zirakpur.

With the help of questionnaire attached with the project. The results of the

research are depicted through graphs .


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1.Victim of crime.

1.No of victims who have reported the crime to Punjab

Police

29.69%

63.03%

7.27%

Yes

No

Can't Remember


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Nature Of Crimes

2.Taking illicit drugs

3.Motor Vehicle and Vehicle component Theft

21.21%

72.72%

6.06%

Yes

No

Can't Remember

33.75%

51.59%

14.64%

Yes

No

Not Sure


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4.House Break In

5.Domestic Violence

62.87%

27.27%

4.84%

Yes

No

Not Sure

47.87%

45.45%

6.66%

Yes

No

Not Sure


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6.Rape And Attempted Rape

53.93%40%

6.06%

Yes

No

Not Sure

19.39%

63.03%

17.37%

Yes

No

Not Sure


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7.Mugging and Petty Thieves

8.Car Jacking

64.24%

24.45%

10.30%

Yes

No

Not Sure

41.56%

45.78%

12.65%

Yes

No

Not Sure


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Crimes That Prevail in Punjab

9.Source Of Awareness of crimes

0 20 40 60 80 100 120

Illicit Drugs

Vehicle Theft

House Break in

Domestic Violence

Rape And Attempted Rape

Mugging and Petty Thieves

Car Jacking

15.82%

9.18%

35.71%

10.71%

27.04%

1.53%

Victim

Witness

Acquaintances

Local Police

Media

Others


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10. Satisfication with level of security in neighbourhood

11. Botherance about occurrence of crime

4.54%

44.37%

27.27%

20.45%

3.40%

Extremely Satisfied

Dissatisfied

Moderately satisfied

Satisfied

Very Satisfied

43.63%

13.93%

38.78%

3.63%

Extremely Worried

Not Worried

Moderately Worried

Don't Know


40/55

12. Police Visibility

13. Satisfaction With Police Service

35.75%

51.51%

12.72%

Yes

No

Not Sure

6.09%

50%18.90%

21.34%

3.65%

Extremely satisfied

Dissatisfied

Moderately satisfied

Satisfied

Very satisfied


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14. Active Reporting of crime to police

15. Time taken by police to arrive at crime scene

43.63%

56.36%

Yes

No

4.20%

4.20%

16.80%

10.08%

24.36%

40.33%

Less than 5 minutes

5-10 minutes

10-30 minutes

30 minutes

Not Sure

Not at all


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16. Satisfaction with police response

17. Reason behind satisfaction of police response

17.61%

59.11%

23.27%

Yes

No

Not sure

26.66%

17.77%

31.11%

13.33%

2.22%8.88%

Concerned with the problem

Act fast

High integrity

Willing to assist

Friendly

Other Reasons


43/55

18. Reason behind dissatisfaction of police response

Reporting Crime

19. Willingness of reporting a crime

25.60%

24.39%

9.75%

29.26%

6.09%

4.87%

No concern with the problem

Slow

Low integrity

No assistance

Rude

Other reasons


44/55

20. Reason behind willingness

78.05%

21.95%

Yes

No

49.36%

16.45%

25.94%

6.32%

1.89%

Apprehension of criminals

Ensuring knowledge of crime to

police

Ensuring better services

Insurance claims

Other reasons


45/55

21. Unwillingness behind not-reporting

Offering Bribe

22. Offer to Bribe

30.30%

18.81%

30.30%

21.21%

Not a serious crime

No assistance

Too much of botherance

Other reason

59.76%

40.24%

Yes

No


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23. Reason to offer bribe

24. Level of corruption in classes of police

54.95%34.23%

5.40%

5.40%

Attending court is troublesome

Police request for it

Amount of bond is high

Other reasons

11.58%

25.60%

62.80%

Higher Officials

Lower Officials

All of them


47/55

25. Satisfaction in different areas of police performance

26. Areas of crime on which police should concentrate

0 10 20 30 40 50 60 70 80

Law and order

Crime Prevention

Customer service

Drug related crime

Gang related crimes

Robbery

Violent crime

Car Jacking

Commercial Crime

None of them

0 20 40 60 80 100 120

Law and order

Crime Prevention

Community Policing

Customer Service

Gang related crimes

Robbery

Violent crime

Commercial Crime

All


48/55

Recent Articles on atrocities by Punjab Police

Maken criticizes Punjab government for

misuse of police

September 22nd, 2009 - 8:00 pm ICT by IANS -

Delhi) - The Indian government must take concrete steps to hold accountable members of its

security forces who killed, disappeared, and tortured thousands of Sikhs during its

counterinsurgency campaign in the Punjab, Human Rights Watch and Ensaaf said in a new

report released today.

In order to end the institutional defects that foster impunity in Punjab and elsewhere in the

country, the government should take new legal and practical steps, including the establishment

of a commission of inquiry, a special prosecutors office, and an extensive reparations program.

The 123-page report, "Protecting the Killers: A Policy of Impunity in Punjab, India," examines

the challenges faced by victims and their relatives in pursuing legal avenues for accountability

for the human rights abuses perpetrated during the governments counterinsurgency

campaign. The report describes the impunity enjoyed by officials responsible for violations and

the near total failure of Indias judicial and state institutions, from the National Human Rights

Commission to the Central Bureau of Investigation (CBI), to provide justice for victims families.

Beginning in the 1980s, Sikh separatists in Punjab committed serious human rights abuses,including the massacre of civilians, attacks upon Hindu minorities in the state, and

indiscriminate bomb attacks in crowded places. In its counterinsurgency operations in Punjab

from 1984 to 1995, Indian security forces committed serious human rights abuses against tens

of thousands of Sikhs. None of the key architects of this counterinsurgency strategy who bear

substantial responsibility for these atrocities have been brought to justice.

Impunity in India has been rampant in Punjab, where security forces committed large-scale

human rights violations without any accountability, said Brad Adams, Asia director at Human

Rights Watch. No one disputes that the militants were guilty of numerous human rights

abuses, but the government should have acted within the law instead of sanctioning the killing,

disappearance, and torture of individuals accused of supporting the militants.

A key case discussed in detail in the report is the Punjab mass cremations case, in which the

security services are implicated in thousands of killings and secret cremations throughout

Punjab to hide the evidence of wrongdoing. The case is currently before the National Human

Rights Commission, a body specially empowered by the Supreme Court to address this case.

However, the commission has narrowed its efforts to merely establishing the identity of the
http://hrw.org/en/reports/2007/10/17/protecting-killers-0http://hrw.org/en/reports/2007/10/17/protecting-killers-0


49/55

individuals who were secretly cremated in three crematoria in just one district of Punjab. It has

rejected cases from other districts and has ignored the intentional violations of human rights

perpetrated by Indias security forces. For more than a decade, the commission has failed to

independently investigate a single case and explicitly refuses to identify any responsible

officials.

The National Human Rights Commission has inexplicably failed in its duties to investigate and

establish exactly what happened in Punjab, said Adams. We still hold out hope that it will

change course and bring justice to victims and their families.

The report discusses the case of Jaswant Singh Khalra, a leading human rights defender in

Punjab who was abducted and then murdered in October 1995 by government officials after

being held in illegal detention for almost two months. Despite credible eyewitness testimony

that police chief KPS Gill was directly involved in interrogating Khalra in illegal detention just

days prior to Khalras murder, the Central Bureau of Investigation has thus far refused to

investigate or prosecute Gill. In September 2006, Khalras widow, ParamjitKaur, filed a petition

in the Punjab & Haryana High Court calling on the CBI to take action against Gill. More than a

year later, she is still waiting for a hearing on the merits.

Delivering justice in Punjab could set precedents throughout India for the redress of mass

state crimes and superior responsibility, said JaskaranKaur, co-director of Ensaaf. Indians and

the rest of the world are watching to see if the current Indian government can muster the

political will to do the right thing. It if fails, then the only conclusion that can be reached is that

the states institutions cannot or will not take on the security establishment. This has grave

implications for Indian democracy.

Victims and their families seeking justice face severe challenges, including prolonged trials,biased prosecutors, an unresponsive judiciary, police intimidation and harassment of witnesses,

and the failure to charge senior government officials despite evidence of their role in the

abuses.

Tarlochan Singh described the hurdles he has faced in his now 18-year struggle before Indian

courts for justice for the killing of his son, Kulwinder Singh:

"I used to receive threatening phone calls. The caller would say that they had killed thousands

of boys and thrown them into canals, and they would also do that to Kulwinder Singhs wife,

kid, or me and my wife...

"The trial has been proceeding ... with very little evidence being recorded at each hearing, and

with two to three months between hearings. During this time, key witnesses have died."

After Mohinder Singhs son Jugraj Singh was killed in an alleged faked armed encounter

between security forces and separatists in January 1995, he pursued numerous avenues of

justice. He brought his case before the Punjab & Haryana High Court and the CBI Special Court,


50/55

but no police officer was charged. A CBI investigation found that Jugraj Singh had been killed

and cremated by the police. However, 11 years and a few inquiry reports later, the CBI court

ended Mohinder Singhs pursuit for accountability by dismissing his case in 2006. Mohinder

Singh describes his interactions with the CBI:

On one occasion when *the officer+ from the CBI came to my house, he told me that I wasntgoing to get anything out of this. Not justice and not even compensation. He further said that: I

see you running around pursuing your case. But you shouldnt get into a confrontation with the

police. You have to live here and they can pick you up at any time. He was indirectly

threatening me.

Human Rights Watch and Ensaaf expressed concern that the Indian government continues to

cite the counterinsurgency operations in Punjab as a model for preserving national integrity.

The governments illegal and inhuman policies in the name of security have allowed a culture

of impunity to prevail that has brutalized its police and security forces, said Kaur.

The report suggests a comprehensive framework to address the institutionalized impunity that

has prevented accountability in Punjab. The detailed recommendations include establishing a

commission of inquiry, a special prosecutors office, and an extensive reparations program.

The Indian government needs to send a clear message to its security services, courts,

prosecutors, and civil servants that it neither tolerates nor condones gross human rights

violations under any circumstances, said Adams. This requires a comprehensive and credible

process of accountability that delivers truth, justice, and reparations to its victims, who demand

nothing more than their rights guaranteed by Indias constitution and international law.


51/55

PCA beating: complaint filed against Punjab

Police

RAGHAV OHRI

Posted: May 14, 2008 at 0118 hrs. IST

Chandigarh, May 13 A complaint demanding stern action against Punjab police officers who

allegedly mercilessly beat up a Chandigarh-based youth on Monday at the PCA stadium, Mohali,

was filed today in the Punjab State Human Rights Commission (PSHRC).

The complainant, Mohinder Singh, has demanded an inquiry into the incident and action

against the Senior Superintendent of Police (SSP), Mohali, and the police officers seen in thephotographs beating the youth, Amitabh Bhalla. The petitioner also demanded adequate

compensation for the victim.

As an evidence, the petitioner has annexed a picture taken by a Newsline photographer clearly

showing Punjab police officials thrashing the youth. Since there is a gross violation of human

rights involved in this case, the complainant is competent to file the present complaint for the

protection of human rights before the commission, said Advocate K P S Dhillon.

Amitabh Bhalla (30) had slipped into a ditch at the PCA stadium here while cheering and

watching the IPL match. Rather than providing assistance to the youth, the police officials

allegedly started beating him, stated the complaint.

Bhalla, who stays with his parents at a governmentaccommodationin Sector 23, according to his

neighbours, is fond of weight-training. His father is a gazetted officer and had retired from the

Punjab government about a year ago. His younger brother works in Jalandhar.

Punjab police said that the police took action against Amitabh when he tried to forcibly enter

the stadium ground.

The policemen were trying to stop him. he even assaulted SHO, Nayagaon, William Jeji and

then a UT Constable Krishan Pal. Both were part of the additional force summoned on the spotby the Mohali police to manage the law and order situation in and around the stadium. When

we tried to catch hold of him, he fell in the gutter and also pulled a policeman along with him.

We did not assault him, said one of the senior Punjab police officials.

Mohali police have booked Amitabh on charges of restricting a government servant from

performing his official duty and assault. He was released on bail today.
http://i/Human%20rights(pshrc)/PCA%20beating%20%20complaint%20filed%20against%20Punjab%20Police%20-%20Express%20India.htmhttp://i/Human%20rights(pshrc)/PCA%20beating%20%20complaint%20filed%20against%20Punjab%20Police%20-%20Express%20India.htmhttp://i/Human%20rights(pshrc)/PCA%20beating%20%20complaint%20filed%20against%20Punjab%20Police%20-%20Express%20India.htmhttp://i/Human%20rights(pshrc)/PCA%20beating%20%20complaint%20filed%20against%20Punjab%20Police%20-%20Express%20India.htm


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Conclusion

As for the police, by all means let us abuse them to our heart's content, but

let us see what the poor wretches have to do. Being the coercive apparatus

of the government, they have remained, for too long, sacrificial goats in the

hands of myopic politicians. They are asked to bear responsibility without

the power or the freedom to take effective action. It has suited vested

interests to maintain the status quo despite persistent demands for police

reforms. The imperative need is to take a fresh look at our national

personnel policy and implement the two-decade old recommendations of

the National Police Commission, especially the one for setting up a StateSecurity Commission to oversee the police, and insulating it against political

interference and partisan use, and making it accountable only to the

Commission, the courts and the people.

With the help of the research conducted by us, in this project we have

highlighted the weaknesses of the police through the eyes of people who

use these services i.e. general populace.

By making the use of the samples taken we have tried to bring inrecommendations which will help in enhancing the services of the police.


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Even After all the flaws that we have come to know about The Punjab Police

through the research carried out by us. We are grateful for the services they haverendered for the public populace that includes us too. And we hope that the flaws

that we have highlighted through our research work will only help Punjab Police

get better and better.

We would like to salute them for their services and also like to forward a heartfelt

thanks.

Jai Hind.


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Bibliography:

We took the information used in the project from the following

sources:

Books

1. Right, Communites and Disobedience Liberalism and Gandhi by Vinit Haksar

2. Reforming Human Rights by Dr. D.P.Khanna

Websites

1.www.google.com

2. www.ibnlive.com3.www.sacw.net

4.www.thaiindian.com

5.www.hindu.com

6.www.accessmylibrary.com

7.www.nchro.org

8. www.humanrightsinitiative.org

9.www.ahrchk.net10. www.hrw.org

11. www.legalserviceindia.com

12. www.expressindia.com

13. www.humanrightsdefence.org

14. www.charleshector.blogspot.com

15. www.manipuronline.com

16. www.experteyes.org

17. www.indiaeducationdiary.in

18. www.sikhsiyasat.net
http://www.google.com/http://www.google.com/http://www.ibnlive.com/http://www.ibnlive.com/http://www.sacw.net/http://www.sacw.net/http://www.thaiindian.com/http://www.thaiindian.com/http://www.hindu.com/http://www.hindu.com/http://www.accessmylibrary.com/http://www.accessmylibrary.com/http://www.nchro.org/http://www.nchro.org/http://www.humanrightsinitiative.org/http://www.humanrightsinitiative.org/http://www.ahrchk.net/http://www.ahrchk.net/http://www.hrw.org/http://www.hrw.org/http://www.legalserviceindia.com/http://www.legalserviceindia.com/http://www.expressindia.com/http://www.expressindia.com/http://www.humanrightsdefence.org/http://www.humanrightsdefence.org/http://www.charleshector.blogspot.com/http://www.charleshector.blogspot.com/http://www.manipuronline.com/http://www.manipuronline.com/http://www.experteyes.org/http://www.experteyes.org/http://www.indiaeducationdiary.in/http://www.indiaeducationdiary.in/http://www.sikhsiyasat.net/http://www.sikhsiyasat.net/http://www.sikhsiyasat.net/http://www.indiaeducationdiary.in/http://www.experteyes.org/http://www.manipuronline.com/http://www.charleshector.blogspot.com/http://www.humanrightsdefence.org/http://www.expressindia.com/http://www.legalserviceindia.com/http://www.hrw.org/http://www.ahrchk.net/http://www.humanrightsinitiative.org/http://www.nchro.org/http://www.accessmylibrary.com/http://www.hindu.com/http://www.thaiindian.com/http://www.sacw.net/http://www.ibnlive.com/http://www.google.com/


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Project on Image of Punjab Police in Society and Their Role

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Transcript of Project on Image of Punjab Police in Society and Their Role