INTRODUCTION
Policing and Human Rights are closely interrelated concepts. Ironically
though, the general belief is that good policing cannot go hand in hand
with human rights. One really needs to examine whether this is actually
so and also if human rights is something which, as a concept, has come up
very recently and is more in the nature of imposition on the police force.
This analysis becomes more crucial in the face of incidents which have
been disturbing for the society and the nation on the whole. Police, it would
not be wrong to say, have been in news almost every day for wrong reasons
most of the time in recent history. Nithari incident had shocked the country.
The incident however, cannot be viewed in isolation. An analysis of the
reasons that led to the situation would state that the police is unfortunately,
always obsessed by the fact that increase in crime figures would be held
against them and that they could be penalized for that. Incidence of inaction,
non-registration of cases, tampering with evidence, custodial crime and
police excesses or brutality likes rape, molestation, torture, fake encounter
and death in police lockups and prisons are also reported with disturbing
regularity.
Indeed one gets an impression from reading this news that the police
instead of defending legal and custodial rights of the people, functions as
an instrument of violation. It conveys a notion that police force in our
country is made of insensitive, brutal and corrupt officials, ignoring the
fact that thousands of policeman have given their lives to protect and
safeguard the integrity of nation and have rendered valuable service in
crime prevention by putting down organized crime and by giving relief
and succour to people affected by natural calamities.
It is argued that the concept of human rights is opposed to effective law
enforcement as the latter would necessarily imply “bending the rules” at
times. In other words, end justifies the means. A tendency to use
overwhelming force in controlling demonstrations, physical pressure to
extract information from detainees, or excessive force to secure an arrest
can be observed now and then, it is believed. While law enforcement is
thought to be a war against crime, human rights are considered nothing
more than obstacles in achieving this objective.
As a matter of the fact violations of human rights by police only make the
already challenging task of law enforcement more difficult. When the law
Manual on Human Rights for Police Officers
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