We totally ignore many important topics of the society in our daily life
but slowly this avoidance/ignorance turns into acceptance and looks very normal
Let's take an example of the famous movies and series
Like all these movies and series ..............
what was common in all these series and movies?
Police Torture
According to a report, if a lead character performs any violent activity or any fake encounter
usually, viewers encourage that act
According to the point of view of an average Bollywood, viewer police is just not to maintain law and order
they think their work is to just punish and kill the villains
Hey everybody! This is Priya and you are watching Finology Legal
In today's video we are going to cover many important topics
Like Prevention Of Torture Bill, in what stage it is in our parliament
the second topic is, what are the rights available for an arrested person in India
and lastly, we will know about what steps the Supreme court has taken in this matter
So let's start now.
After the death of George Floyd in the US
and the custodial death of Jeyraj and Fenix at Sathankulam Police Station
raised a lot of concerns about the matter.
and again it has given air to have a new debate around police 3rd degree torture
The death of George Floyd in US resulted in heavy protest and as a result of protest
Congress has decided to pass a police reform bill
and along with this it is discussed to maintain a National database which will register all police misconducts
Will this bill turn into a law, time will tell us about this
But do you know same Anti Torture Bill was discussed in India also
it was 10 years before, it is been discussed in parliament so many times but not passed yet
Globally it was discussed first time by United Nations in 1975
India is a member of UN, so if any law of UN has to be applied in India, then we have to make a law by the parliament
So making UN Convention Against Torture 1975 a law , a bill was presented Lok sabha in 2010 named
Prevention Of Torture Bill 2010
so according to this bill if any public servant commits a torture
then punishment has prescribed against him
This bill explains the word "Torture" very broadly and simply
and says that if any public servant tortures any individual for deriving any information or his confession
if he hurts that individual grievously or tortures his life, limb mentally or physically
then all these things will be considered as torture and against this act there is a punishment of 10 years
After being passed by Lok Sabha it comes to Rajya Sabha and for further consideration
it passes the bill to Rajya Sabha Select Committee Suggestions
Committee provides some suggestions for the bill and says the points like the definition of torture should be expanded
secondly if any woman or child has been tortured then the punishment should be more strict
and thirdly they suggested to setup an Independent Authority which can investigate all the activities
and provide all the needed compensations to the victims.
and after including all these suggestions this bill was presented repeated times in Rajya Sabha
but till now this bill has to been passed by Rajya Sabha yet
In 2017 Law Commission said that they are seriously considering about the bill
but before passing the bill there should be changes done in Indian Penal Code, Indian Evidence act and Criminal Procedure Act
seems like a tough work, shall I tell one more big thing
In 2019 there were 1700 Custodial Deaths
now lets know what are the major judgments given by Supreme Court against the police torture and violence
and in the last judgment we will get to know about the guidelines which every police officer has to follow while arresting someone
in this case petitioner Rudul Shah was kept illegally in jail for 14 years
habeas corpus writ was filed and his immediate release was demanded
this case is important because in this case for the very first time Supreme Court realized that
if by any state any individuals constitutional rights is been violated, then the individual will get compensation
in this case police along with zameendar misbehaves with the rented mother and his 9 year old child
due to which the 9 year old child dies and Supreme Court compensated the mother by awarding 75000 Rs
this case is important because in this case Supreme Court gave option to Delhi administration
to recover the amount by the police officer who is responsible for the incident
in this case Suman Behera was arrested by police and the very next day her body was found on railway track with multiple injuries
in this case petitioner was awarded by a compensation of Rs 1lakh 55 thousand
so in last 2 cases we got to know that while awarding compensation supreme court doesn't follow any specific criteria
according to the situation of the case the compensation is decided
but in this case Supreme court said that it is a state's responsibility to give compensation not police officer's
in this case Supreme Court said that if any arrest is done without any justification then it will be an illegal act
Supreme court said that police officers has the power to arrest but just for using this power they cant arrest
there must be a reasonable justification for arresting someone
and now we will discuss about the most important case of Custodial violence
D.k. Basu vs State of West Bengal 1997
In this case Supreme court recognized custodial violence and police torture and said
custodial violence is an attack on human dignity
in this case court said after having many recommendations and policies
still the cases of torture and deaths in police custody are increasing
so in this case total 11 guidelines were given
which every police officer has to follow while arresting someone
these guidelines and rights is available to every arrested person in the country
so now quickly we will look at the guidelines
So what are the guidelines which police officers has to follow while arresting someone let us see
1st is which ever police person is handling the interrogation or arrest
they should clearly carry their name tag in which their name and designation must be seen clearly
and police has to maintain a register of those officials who are handling the case or interrogation
2nd is arrest memo
if any police officer is arresting someone they has to maintain an arrest memo
in which all the details related to arrest should be there like the signature of any witness person , time, date and place of arrest
3rd guideline is that the arrested persons relative or friends must be informed about the arrest of that person
and where he has been detained this also should be informed
and they have to maintain an official diary
in which all the records has to be mentioned like which officer is handling the case
who has been informed, like this things should be mentioned in that diary
next is Inspection Memo
if the arrestee has any major or minor injuries then it should be noted down
Inspection memo would be signed by both officer and arrestee
and arrestee will get a copy of inspection memo
After this comes Medical Examination
after the arrest of the person he should be medically examined in every 48 hours
after this all these documents - medical report, inspection memo, arrest memo
the copy all these documents will sent to the magistrate for their records
and while at the time of interrogation arrested person can meet to his lawyer
and there should be a Police control room in every district and state head quarter
in which every information related to the arrest they would receive within 12 hours of the arrest
and Police Control Room board will display all these information
So Sheela barse Vs State of Maharashtra
and D.K basu Vs State of West Bengal
after the guidelines given on the basis of this cases then also the cases of Custodial Voilence still rises
I remember in my college days when we were discussing about this matter
then majority of people's thought was without any torture truth cant be taken out from that person
and several people's opinion was those people whose duty is to maintain law and order
and if they start using torture then it is not acceptable at all
So which side you support after seeing both aspects
and what is your opinion about Anti Torture Bill
Do let me know in the comment box!
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Hope you have liked today's video!