Showing posts with label POLICE. Show all posts
Showing posts with label POLICE. Show all posts

Monday, May 25, 2009

Ugly incidents reveal deficiencies of police reform

BRP BHASKAR
Gulf Today

Efforts to improve the performance of the Kerala police and give the force a people-friendly image lies in a shambles following a series of ugly incidents which left six dead.Four of them died in a firing.

The state police is proud of the fact that two national studies have rated it as the best in the country.

However, local studies have shown that public perception of the state police is far from flattering.

A survey conducted by the Kerala chapter of Transparency International some years ago revealed more than 80 per cent of the people viewed it as one of the most corrupt government departments.

In 2002, AK Antony, as chief minister in the United Democratic Front (UDF) government, tried to free the police from political interference.

He barred legislators from going to police stations to seek release of arrested persons.

Later, complaints arose that faceless intermediaries had filled the void left by the legislators.

A commission, headed by former Supreme Court judge KT Thomas, which evaluated the performance of the police, said that there was some improvement in the police performance during 2002 and 2003 but subsequently there was a disturbing tendency towards deterioration.

The KT Thomas Commission, which submitted its report in 2005, recommended changes in recruitment procedures and training methods and the evolution of a new work culture.

The Left Democratic Front (LDF), which came to power in 2006, did not pursue the commission's recommendations.

It set up a committee headed by Jacob Punnoose officials to draw up measures to enlist people's co-operation in the working of the police force and give it a people-friendly image.

In March last year, the government launched a community policing programme on the basis of its recommendations.

The Supreme Court of India, acting on a public interest petition, issued a set of seven directives to the central and state governments in 2006 with a view to ensuring functional autonomy for the police and raising its accountability.

Following this, the LDF government amended the Police Act. However, it did not fully comply with the apex court's directives.

Later, it came up with a new, comprehensive draft law. It is yet to be enacted. Its provisions, too, fall short of the court's directives. Apparently the government is unwilling to grant full functional autonomy to the police.

A series of ugly incidents which occurred in the Cheriyathura area, on the outskirts of Thiruvananthapuram, has brought to light the inadequacies of the police reform efforts.

The police handling of the matter was along the lines established during the colonial period. The organisational leadership did everything possible to protect the errant officers.

It all began on Saturday, May 16, with merchants rebuffing a goon's attempt to extort money from them. The goon came back with gang members and indulged in arson.

Violence spread quickly as the police response was slow. The trouble, which could well have been contained by prompting nabbing the goon, got out of hand and developed into group clashes. On Sunday, the police brought the situation under control by resorting to firing.

There are cynics who believe the police remained inactive as someone in authority decided that a law and order incident would help turn public attention away from the ruling front's humiliating defeat in the Lok Sabha elections, results of which had come in earlier in the day.

A more plausible reason for the police inaction may be its reluctance to act against goons, who have political connections.

Two years ago, the government had enacted a law which empowers the police to detain goons.

According to official estimates, a few thousand goons are active but only about 75 persons have been put behind the bars.

The Director-General of Police, in a report to the government, justified the police action in opening fire without magisterial sanction, claiming there would have been more casualties if it had not done so.

The report glosses over the police's failure to prevent the situation from deteriorating to the point where firing became inevitable.

Alarmed by the angry public response to the developments, the government ordered a judicial inquiry into the firing and announced a compensation of Rs 1 million each to the families of the dead. This is the highest compensation paid on such cases so far.

The political parties have divided on expected lines. While UDF leaders have accused the police of failure to act in time, LDF leaders have praised the police's handling of the situation.

Friday, May 16, 2008

AHRC takes up case of police atrocity in Kerala

The Asian Human Rights Commission, Hong Kong,has called upon human rights defenders everywhere to take up the cause of a Keralite who was assualuted
by a police official. The following is the text of the appeal issued by the AHRC in this regard:


Dear friends,

The Asian Human Rights Commission (AHRC) has received information from Nervazhy, a human rights organization working in Thrissur, Kerala regarding the case of assault by the local police upon an innocent person. It is reported that Mr. Kuttan while waiting for a three-wheeler to go home on 23 April 2008 was assaulted by a police officer who identified himself as attached to Cherpu Police Station in Thrissur district. After assault, Kuttan who lost consciousness was left on the public road unconscious and with injuries.

CASE DETAILS:
On 23 April 2008 at about 9pm Kuttan was waiting for a three-wheeler to go home. Kuttan was sitting on the ground beside a small wall constructed near the Padiyath Service Centre at the Cherpu - Chovoor public road. Kuttan was on his way back home after attending a local temple festival at Pootharakkal. Pootharakkal is about two kilometers away from where Kuttan was sitting. Before waiting for the three-wheeler Kuttan had food and drinks from a neighbouring bar.

While Kuttan was waiting for the three-wheeler, a person in police uniform approached him and asked him why he was sitting there. The officer identified as a police constable stationed at Cherpu Police Station. The officer further asked Kuttan where his house was and whether he was employed. For the questions, Kuttan answered that he was waiting for a three-wheeler to come and that his house was at Chovoor and further that he was working at the furniture workshop owned by Mr.
Sadanandan. The furniture workshop is near Chovoor.

Hearing this, without any provocation the officer shouted abuses at Kuttan and tried to lift Kuttan up holding him by his shirt. The officer pushed Kuttan on to the ground shouting at him that why he was working at Sadanandan's furniture workshop. Kuttan fell down on the ground, face down. The officer them assaulted Kuttan using his baton and also kicked him.

Kuttan started bleeding from the injuries that he sustained from the fall and from the assault. By the time Kuttan was on the public road and was crying out to the officer not to assault him. Soon Kuttan lost his consciousness. He regained consciousness after a while and he found that he was seated on the roadside and somebody had kept him in a sitting position with his back leaning a telephone post. This place was about 5-6 meters away from where Kuttan had fallen down.

When he regained consciousness Kuttan realised that he has suffered severe injuries from the assault and that he was bleeding from the injuries caused to him from the fall and from the assault. He also felt severe pain all over his body. Unable to go home due to pain, Kuttan spent the night in the varanda of a shop nearby. The next day morning Kuttan went to his employer and informed him what happened to him the previous night. Kuttan then went to the Cherpu Government Hospital along with his friend. The medical officer at Cherpu hospital referred Kuttan to the District Government Hospital for further treatment.

However, soon Kuttan started vomiting blood. He was later admitted at the Mulankunathukavu Medical College Hospital. At the hospital, the doctors have diagnosed that Kuttan has suffered several injuries on his body, including lacerated wounds above his right earlobe and other aberrations all over his body as if he was injured while being dragged around on a rough surface. The medical certificate also shows that Kuttan has suffered blunt trauma injuries as if those inflicted by a blunt edged weapon.

It is reported that the Cherpu police had a previous incident where Sadanandan, Kuttan's employer, had complained about the police officers stationed at the Cherpu Police Station, in which the officers had to publically apologise to Sadanandan. It is suspected that the constable who assaulted Kuttan was one among the police officers who was involved in this earlier dispute with Kuttan's employer. Even though Kuttan does not know the name of the officer who assaulted him, he is able to identify the officer on sight.

ADDITIONAL INFORMATION:
It is common practice in Kerala for the police officers to quiz around people during evening hours. Incidents of theft, which is in record high numbers in Kerala, is posed as an excuse for police officers to conduct random check among the public. However, this opportunity is often misused by police officers. Cases where police officers assault persons to instill fear among the local public as part of this questioning are also reported from Kerala in high numbers. In fact law enforcement in Kerala and rest of India has become the synonym of use of unwarranted force by law enforcement agencies.

The local police however deny these incidents and often pose resistance by a suspects as an excuse for use of force. These days more and more cases implicating police officers in Kerala and their connection with criminal elements in the state involved in fraud, murder, rape, women trafficking and bootlegging are being exposed in the local media.

This week, the Kerala State Police Association is holding its annual conference at Thrissur. The police have used their influence to erect sponsorship posters throughout the town from private enterprises in support of the conference. Nervazhy had also posted a poster of its own in front of the conference venue in a public place, demanding the police association to discuss issues concerning use of force and torture as one of the subjects of the conference. The poster was however removed by unknown persons within a day.

SUGGESTED ACTION:
Please write to the authorities below to ensure that the incident is investigated and the officer who assaulted Kuttan be punished. The AHRC has also written to the UN Special Rapporteur on Torture calling for an intervention in this case.

SAMPLE LETTER:

Dear __________,

INDIA: Please take actions against the police officer who assaulted an innocent villager in Thrissur

Name of victim: Mr. Kuttan, aged 44 years, son of Chathan, Tharayil house, Sawmill Raod, Chovoor post, Thrissur district, Kerala state

Name of alleged perpetrators: Police officer (identifiable by the victim) stationed at Cherpu Police Station, Thrissur district, Kerala state

Date of incident: 23 April, 2008

Place of incident: Cherpu - Chovoor road, near Padiyath Service Centre, Thrissur district, Kerala state

I am writing to express my concern regarding the case of Mr. Kuttan, who was assaulted for no apparent reason by a police officer stationed at Cherpu Police Station, in Thrissur district of Kerala state. I am informed that the officer assaulted Kuttan while Kuttan was waiting to get home in a three-wheeler on 23 April 2008 at about 9pm.

I am informed that the police officer who approached Kuttan while he was waiting for the three-wheeler started asking questions to Kuttan about his place of work and residential address and later started assaulting Kuttan for no reason at all. I am informed that the same officer along with his colleagues had to publically apologise to Kuttan's employer, Mr. Sadanandan, a furniture workshop owner in a complaint lodged by Sadanandan against the police officers stationed at Cherpu Police Station.
I am informed that Kuttan suffered serious injuries in the assault and was treated at the Thrissur Medical College. I am also informed that the injuries suffered by Kuttan has been recorded in the medical certificate issued to him at the Cherpu Government Hospital where he was treated first and later at the Thrissur District Government Hospital and at the Mullankunathukavu Medical College Hospital.

I therefore urge you to take all possible measures to ensure that the case is investigated thoroughly and the erring officer punished in accordance with law. In this context it is important that the investigating agency to first record Kuttan's statement. I also urge you to ensure that Kuttan is not threatened by the police officer during the course of enquiry and that all necessary action is taken so that Kuttan remains safe during the course of investigation of the case.

Yours sincerely,
----------------

PLEASE SEND YOUR LETTERS TO:

1. Director General of Police
Government of Kerala
Police Head Quarters
Thiruvanandapuram
Kerala
INDIA
Fax: +91 471 2729434
E-mail: dgn@scrb.org

2. Mr. V. S. Achuthanandan
Chief Minister
Government of Kerala
North Block, Secretariat
Thiruvananthapuram
Kerala
INDIA
Fax: +91 471 2333489
E-mail: chiefminister@kerala.gov.in

3. Mr. Kodiyeri Balakrishnan
Minister of Home Affairs
Government of Kerala
Room No.216, Third Floor
North Sandwich Block
Govt. Secretariat
Thiruvananthapuram 1
Kerala
INDIA
E-mail: minister-home@kerala.gov.in

4. Mr. Oomen Chandy
Opposition Leader
Puthupally House, Jagathy,
Thiruvannathapuram,
Kerala
INDIA
Fax: +91 471 2315625

Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
(ua@ahrchk.org)

Thursday, October 18, 2007

Two more years of education will not make a better policeman

THE police is one of the fastest growing government outfits in Kerala. Fifteen years ago, its strength was below 25,000. Now it is above 42,000. It is doubtful if any other department has grown as fast during this period.

As society progresses, crime goes up. This has been the experience worldwide. To deal with growing crime, the police force has to grow proportionately. Judging by standards adopted by modern societies, the State police force is small. But, then, it is not enough to raise the strength of the police. Its performance must also improve. However, the authorities do not take as much interest in qualitative growth as in quantitative growth.

At present, the minimum educational qualification for recruitment to the police is the Secondary School Leaving Certificate. Home Minister Kodiyeri Balakrishnan has stated that the government proposes to raise this. Youth organizations, which stand in the way of raising the age of superannuation from 55 years on the ground that it will result in loss of employment opportunities, have not responded to this. The minister’s justification for revision of educational qualification is that 60% of those selected in the last round of recruitment were graduates.

Of the four million registered jobseekers in Kerala, one and a half per cent, that is about 60,000, are postgraduates. With so many postgraduates wandering in search of jobs, there maybe enough takers even if the government prescribes post-graduation as the minimum qualification for recruitment as police constable. That, however, is no justification for doing it.

As is clear from the minister’s statement, despite the onrush by degree holders, those without degrees got 40% of the posts. About 60% of the jobseekers, that is about 2.4 million people, have only studied up to SSLC. It is unjust to make such a large number ineligible for the post of police constable.

The popular impression that there is a serious problem of educated unemployment in Kerala is not correct. According to the figures of 2005, given in the Economic Report, which was presented to the State Assembly this year, 76.5% of the jobseekers have educational qualifications of SSLC or less. The Information Technology and tourism sectors in which the government and the people place hope will not do much good to those with such low educational qualifications. Doors now available to them must not be closed without opening new ones.

When A. K. Antony was Chief Minister, the police was given freedom of action and a commission with former Supreme Court judge K. T. Thomas as chairman and former Additional Chief Secretary T. N. Jayachandran and former Director General of Police K. V. Rajagopalan Nair as members was appointed to study the performance and accountability of the police force and make recommendations. Raising the educational qualification for recruitment from SSLC to Pre-degree Course was one of the measures the commission proposed. It is not known whether it was of the view that a person who has studied for two more years will make a better policeman. There is no basis for such a belief. That human quality improves with education is a superstition prevalent among the educated.

The Home Minister revealed in the Assembly recently that 607 members of the police force are facing criminal charges, including rape and murder. That one out of 70 policemen is involved in criminal cases is not something that can be lightly dismissed. Those at the helm of the force are persons with high educational qualifications. Since there are persons with criminal tendencies even among them, we cannot assume that a higher entry qualification will lead to a better police force.

Besides raising the educational qualification, the K. T. Thomas Commission proposed some other measures, too, to improve the performance of the police. These included lowering the maximum age limit for recruitment from 30 years to 25 and the creation of a new agency for recruitment. Some of these are also under the government’s consideration. There is one topic that merits even greater attention than these: better training. We have a police set-up devised by foreign rulers and the maharajas to meet their needs. It has still not been recast in keeping with the requirements of a democratic society. Meanwhile political infiltration in the police force is taking place. The police still follows the colonial-feudal tradition of protecting wrongdoers in its ranks. This is possible because democratic regimes are willing to accept the argument that the morale of the force will be affected if action is taken against them.
Based on article appearing in “Nerkkazhcha” column of Kerala Kaumudi dated October 18, 2007.