Joshua Anston - Torture Behind Bars: Role of the Police Force in India

TORTURE BEHIND BARS

TORTURE BEHIND BARS

Role of the Police Force in India

JOSHUA N. ASTON

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ISBN-13 (print edition): 978-0-19-012098-6

ISBN-10 (print edition): 0-19-012098-3

ISBN-13 (eBook): 978-0-19-099002-2

ISBN-10 (eBook): 0-19-099002-3

Typeset in Berling LT Std 9.5/13.8

by Tranistics Data Technologies, Kolkata 700091

Printed in India by Rakmo Press, New Delhi 110 020

The book refers to Jammu and Kashmir as the state of J&K, before it was reorganized into the union territories of Jammu & Kashmir and Ladakh in October 2019.

It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones.

Nelson Mandela

TABLES, FIGURES, AND APPENDICES

Tables

2.1 Escape from Police Custody in Haryana, 19982000

2.2 Escape from Police Custody in India, 2016

5.1 Status of India: Conventions on Torture 83

5.2 Offences and Penalty under the UAPA

5.3 Offences and Punishment under TADA

5.4 Offences and Punishment under POTA

5.5 Offences and Punishment under MCOCA

5.6 Key Recommendations of the 135th Report of the Law Commission of India

5.7 Key Findings and Recommendations of the 152nd Report of the Law Commission of India

8.1 Dimensions of Intelligence-Led Policing, Community Policing, and Problem-Oriented Policing

A1.1 Human Rights Abuse by Police and Type of Enquiry (200913)

A1.2 Types of Criminal Action Initiated in Cases of Human Rights Abuse by Police (200913)

A1.3 Actual Police Strength in Relation to Area, Population, Case Load, and Per Capita Expenditure (200913) 199

x

Tables, Figures, and Appendices

Figures

4.1 Hierarchical Organization Structure of the Indian Police Force

4.2 Structure of the Metropolitan Police 76

5A.1 Custodial Deaths in India: Cases Reported to the NHRC (19942010)

5A.2 Custodial Death, Rape, and Encounter in India: Cases Reported to the NHRC (200510)

5A.3 Violence and Atrocity in Police Custody: Cases Disposed of by the NHRC (200510)

5A.4 Prison Conditions: Cases Disposed of by the NHRC (200510)

5A.5 Incidents of Death in Police Custody: NCRB (200913) 146

5A.6 Action Taken in Cases of Death in Police Custody: NCRB (200913)

5A.7 Action Taken against Police Personnel in Cases of Human Rights Abuse: NCRB (200913)

5A.8 Disciplinary Action Taken against Police Personnel in Cases of Human Rights Abuse: NCRB (200913) 147

5A.9 Strength of Police Force (Civil and Armed)Sanctioned, Actual, and Shortfall: NCRB (200913)

5A.10 Strength of Armed Police ForceSanctioned, Actual, and Shortfall: NCRB (200913)

5A.11 Annual Case Load Per Investigating Offi cer: NCRB (200913)

5A.12 Annual Case Load Per Capita Police Force: NCRB (200913)

5A.13 Average Annual Per Capita Cost of Police Force: NCRB (200913)

A1.1 State-wise Crime Rate, 2002 (Number of Crimes per 100,000 Population)

A1.2 Country-wise Crime Rate, 2003 (Number of Crimes per 100,000 Population)

Tables, Figures, and Appendices xi

Appendices

A1 Crime Statistics and Data on the Indian Police Force 197

A2 Code of Conduct for the Police

A3 Article 50 and Article 246 (Seventh Schedule) of the Constitution of India

A4 Summary of the Ribeiro Committees Recommendations 206

A5 Summary of Recommendations Made by the Padmanabhaiah Committee on Police Reforms

ABBREVIATIONS *

ACHPR

African Charter on Human and Peoples Rights ACHR

American Convention on Human Rights

ACHR

Asian Centre for Human Rights

ACP

assistant commissioner of police

Addl DGP

additional director general of police

AFSPA

Armed Forces (Special Powers) Act

AFSPA (A&M) Armed Forces (Assam and Manipur) Special Powers Act, 1958

AFSPA (J&K)

Armed Forces (Jammu and Kashmir) Special Powers Act, 1990

AFSPA (P&C) Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983

AHRC

Asian Human Rights Commission

APCOCA

Andhra Pradesh Control of Organised Crime Act APP

additional public prosecutor

ARCHR

Arab Charter on Human Rights

Art./Arts

Article/Articles

BSF

Border Security Force

* This list consolidates abbreviations used in the book. There may be instances of duplication of an abbreviation by virtue of a difference in its full form. Readers are advised to refer to the list contextually.

xiv

Abbreviations

CAT

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment CBI

Central Bureau of Investigation

CED

International Convention for the Protection of All Persons from Enforced Disappearance

CEDAW

Convention on the Elimination of Discrimination against Women

CERD

Committee on the Elimination of Racial

Discrimination

CGSPSA

Chhattisgarh Special Public Safety Act

CID

Crime Investigation Department

CJI

chief justice of India

CMS

Centre for Media Studies

CoI

Constitution of India

CP

commissioner of police

CPC

Code of Civil Procedure

CRC

Convention on the Rights of the Child

CrPC

Criminal Procedure Code

CRPF

Central Reserve Police Force

DGP

director general of police

DM

district magistrate

DSP

district superintendent of police

Dy IGP

deputy inspector general of police

ECHR

European Convention on Human Rights

EEVFAM

Extrajudicial Execution Victim Families Association EUCAT

European Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment

FIR

First Information Report

FOP

Friends of Police

FTCA

Federal Tort Claims Act

GC

Geneva Convention **

HRC

Human Rights Committee

** Denotes the specifi c convention and not the entire Geneva Conventions as a whole.

Abbreviations xv

IACPPT

Inter-American Convention to Prevent and Punish Torture

IB

Intelligence Bureau

ICC

international criminal court

ICCPR

International Covenant on Civil and Political Rights ICESCR

International Covenant on Economic, Social and Cultural Rights

ICRC

International Committee of the Red Cross

ICRMW

International Convention on the Protection of the Rights of Migrant Workers and Members of their Families

IGP

inspector general of police