Violent punishment by mobs to the suspects of cow slaughter was justified to either a “great” or “some” extent. Close to two in every five respondents –police personnel surveyed across 18 states — (that is a 38% of the total of 8,276 subjects) also believed this, that violent punishment by mobs to “suspects of cow slaughter” was somewhat justified. This is similar to the finding from a previous survey of police personnel published in the Status of Policing in India Report 2019 where a similar question was asked about their support for mob violence in cases of cow slaughter—35 percent of police personnel justified such mob violence (15% “to a large extent” and 20% “to some extent”) (SPIR, 2019). More than a quarter of the police personnel surveyed (see details below), who from IPS-level ranks supported mob violence to a great degree (Figure 2.8, Table 2.8)

These are only some of the worrying findings from a recent study on the ‘Status of Policing in India Report’ (SPIR 2025) conducted by Lokniti, Centre for the Study of Developing Societies in collaboration with Common Cause that read together, shed light on this grim reality. The study, which analysed responses from 8, 276 police personnel across 82 locations in 17 States including Delhi, provides insights into the culture of abuse behind closed doors.

When asked if it is acceptable for the police to use violence against suspects of serious offences for the greater good of society, nearly two out of three police personnel (63%) surveyed, agreed. Of them, 22% strongly agreed and 41% moderately agreed. A notable 35% of the officers opposed the idea. Support for violence against suspected serious offenders remained consistent across ranks.

When surveyors asked policemen and women about torture, a significant number of police personnel expressed strong support for its use in interrogations across various crime categories. The highest support was for cases related to national security, such as terrorism, with 42% strongly backing torture. Over a third (34%) also strongly supported its use in cases of rape, sexual assault, and serious violent crimes such as murder (Table 2.6). Additionally, 28% strongly agreed that torture must be used against history-sheeters.

Mob violence involves targeted acts of violence perpetrated by a large group of individuals who perceive that they are administering punishment to a suspected wrongdoer, bypassing the rule of law entirely. It is very alarming that such a significant proportion of police personnel justify mob violence. For law enforcement officers to support open violence which entails suspension of the law itself, as a means of delivering so- called punishment to a person, is an absolute negation of the constitutional oath they swear to uphold. Similar to the support shown by police respondents to impermissible measures towards crime control, this significant support for mob violence signals police propensities towards violence and unbridled power. Incidents of the police not only overlooking such violence, but their active complicity have been reported on multiple occasions.[1]

Among other key findings in the over 200 page study are that

• One in 10 police personnel believes that couples displaying affection in public places should be detained!!
• More than half of the police personnel believe that hijras/transgenders/ homosexual people are a bad influence on society and the police need to deal with them strictly.

• Police personnel strongly support the use of more preventive arrests of ‘anti-social elements’ (48%) and forming special squads that can detain people indefinitely (43%). Both measures disregard legal standards.
• Twenty-percent of the police personnel feel that it is very important for the police to use tough methods to create fear amongst the public, another 35 percent think it’s somewhat important.
• One in four police personnel strongly justify mob violence in cases of sexual harassment (27%) and child lifting/kidnapping (25%). Across various categories of crime, constabulary and IPS officers are the most likely to justify mob violence, and upper subordinate officers are the least likely to do so. Police personnel from Gujarat showed the highest support, while those from Kerala showed the least support for mob violence.
• Twenty-two percent police personnel feel that the rich and powerful are “naturally prone” to committing crimes to a great extent, and 18 percent feel that Muslims are “naturally prone” to committing crimes to a great
• The survey was conducted across 17 states and UTs. State-level trends mirrored the all- India findings of the highest number of arrests in minor offences, also falling foul of the law. Police personnel in Odisha reported the highest proportion of arrests (46%) for the crimes of theft and extortion, followed by Nagaland (38%) and West Bengal (37%). The data further shows that police respondents from Punjab (60%) reported the most arrests – that is, six in every ten – against the crime of loitering and public nuisance, distantly followed by Nagaland and Maharashtra (29% and 25% respectively)
• The police responses also reveal that the highest proportions of arrests conducted for bodily crimes (such as murder, assault and kidnapping) were reported in Assam (30%), closely followed by Gujarat (28%), Maharashtra (26%) and Jharkhand (26%). Further, as per the survey, police personnel from Uttar Pradesh (UP) reported the highest proportion of arrests (25%) for crimes against women, followed by West Bengal, Jharkhand, and Madhya Pradesh in equal proportions (22% each). In terms of arrests, the official data corresponds with the survey finding that the highest proportion of arrests for crimes against women was made in UP (1,01,754, as per Crime in India 2022).
• Almost half of the police respondents believed that mob violence was justified to either “a great extent” or “some extent” in the cases of sexual harassment and assault (49%), child lifting or kidnapping (47%) and petty theft like pick-pocketing or chain-snatching (46%).

As was evident in studies conducted in previous years, anti-Muslim bias is high among police personnel with the corresponding disregard for due process and justification for mob violence. In keeping with attitudes towards contempt for due process (preventive detention, procedure during arrests), coercion (torture, a large section of policemen and the officers of law enforcement agencies appear to have communal bias in their perception about Muslims, who they believe are “naturally prone” towards committing crime to a great extent. This is yet another finding of the “Status of Policing in India Report-2025” (SPIR), released in New Delhi recently, which has pointed to a clear display of prejudices among the police personnel.

In this extensive survey and analysis, the SPIR-2025 has explored the nature, causes and factors that contribute to the perpetuation of police violence and torture in the country. It seeks to understand the police’s attitudes towards torture and the normalisation of its use and includes the perspectives and experiences of other accountability actors, such as doctors, lawyers, and judges.

Previous studies may be read here and here.

In the study, a large number of police personnel in Delhi, Rajasthan, Maharashtra and Gujarat believe that Muslims have been analysed as naturally prone towards committing crime to a great extent. One in every five (19%) among the Hindu police personnel feels that to a “great extent”, Muslims are naturally prone to commit crimes, while one-thirds (34%) feel the same to “some extent”, while Sikh police officers were least likely to hold this opinion.

Out of the surveyed states, more than two-thirds of the police personnel in the states of Rajasthan (70%), Maharashtra (68%), Madhya Pradesh (68%), West Bengal (68%), Gujarat (67%) and Jharkhand (66%) held the opinion that the Muslim community is likely to be naturally inclined to committing crime to either a “great” or “some” extent. Police personnel from Delhi (39%) were most likely to believe that Muslims are naturally prone to committing crimes, followed closely by Rajasthan (35%), Maharashtra (34%) and Gujarat (34%).

The study also found that caste, religion, and political affiliation often play a decisive role in shaping the outlook of the police perception and influencing their actions. This bias not only shapes initial interactions but can also affect decisions on investigation, enforcement, and legal proceedings. The report according to the parameters of the study published in the report, surveyed a broad spectrum of law enforcement personnel, including constables, upper subordinate officers ranging from assistant sub-inspectors to deputy superintendents of police, and senior officials from the Indian Police Service (IPS).

The SPIR-2025 pointed out that Muslims are identified as one of the marginalised communities which are common targets of torture. Academic scholarship cited in the report suggested that torture tactics employed by the police against Muslim men suspected of terrorism deliberately target their religious identity and masculinity to humiliate the entire community.

Police respondents in states with harsh cow slaughter laws, such as Gujarat, Odisha, Rajasthan, and Maharashtra, showed high support for mob punishment in such cases. Besides, despite a significant proportion of police personnel believing that Muslims are predisposed to crime, a considerable percentage also perceive that Muslims are likely to get justice to a “great extent”.

Meanwhile however, the study also cautions that these are the police’s perceptions, which may be marred by pre-existing biases and could be contrary to the lived realities of Muslims. Independent analysis of prison statistics indicates the over-incarceration of Muslims, suggesting potential biases within the criminal justice system.

Disregard for due process

The report also highlights a significant disregard for the rule of law among a notable section of the police. Nearly one-third (28%) of police personnel believe the criminal justice system is too weak and slow, with a preference for extrajudicial measures over due process. Alarmingly, almost two out of five (38%) feel that for minor offences, police should give minor punishment instead of following legal trials.

One in four police personnel strongly justified mob violence in cases of sexual harassment (27%) and child lifting or kidnapping (25%). This suggests that about a fourth of India’s police personnel support the idea of the mobs acting as the judge, jury and executioner in matters they consider grave.

Across various categories of crime, constabulary and IPS officers are the most likely to justify mob violence, and upper subordinate officers are the least likely to do so. Police personnel from Gujarat showed the highest support, while those from Kerala showed the least support for mob violence.

Ignorance, lack of compliance for legal procedures

There also appeared to be a lack of compliance towards arrest procedures across states, according to the study. Only 41% of police personnel said these procedures were “always followed”, while 21% admitted to “rarely” or “never” complying with them. Karnataka fared the worst, with a staggering 70% of its officials acknowledging they “rarely” or “never” follow prescribed procedures, while Kerala police demonstrated the highest compliance, with 94% of officials adhering to proper arrest protocols.

Gujarat: high bias against marginalised

In Gujarat, police exhibited the highest level of bias in their perception of Dalits and Adivasis, who they believed were “naturally inclined to commit crimes”. Among its personnel, 68% hold this view about Dalits, while 56% believe the same about Adivasis. Among Delhi’s police, which comes under the jurisdiction of the Ministry of Home Affairs, a worrying 62% believe that Muslims are more “naturally inclined” towards crime.

About 30% of police personnel said that ‘third-degree methods’ are justified towards the accused in serious criminal cases, while 9% said they are justified in petty offences. IPS officers and those respondents who often conduct interrogations are the most likely to justify the use of third-degree methods. Besides, 11% of the police personnel feel that hitting or slapping family members of the accused is absolutely justified, and 30% said that it is sometimes justified.

Interviewees said that the victims of torture are mainly people from poor and marginalised communities. A lawyer described it as “all the faceless and voiceless” are targeted. The following groups are the common targets of torture: Muslims, Dalits, Adivasis, people who cannot read and write, and slum dwellers.

The report concluded with a strong call for strengthening institutional safeguards and fostering a greater commitment to the rule of law within the police force. It recommended more active engagement and interaction between Judicial Magistrates and arrested persons, along with ensuring medical examinations during custody. The study also underscored the urgent need for more comprehensive and consistent data collection on police torture and custodial violence.

How the police view and even justify custodial torture

Police personnel were also asked how justified is the use of certain coercive and violent acts towards the accused so that criminal cases can be solved. The data reveals a troubling acceptance of coercive tactics, ranging from verbal abuse and threats to slapping and third-degree methods. Nearly

Almost half (49%) said that verbally abusing or threatening suspects in cases of minor offences such as theft is justified, with 32% endorsing slapping and 9% even supporting the use of third-degree methods. Support for such violent methods increased dramatically in cases of serious crimes. Three in ten (30%) police personnel justified third-degree methods in cases such as rape and murder, while half (50%) approved of slapping suspects and more than half (55%) endorsed verbal abuse or threats.

Threats and slapping or using light force are common. About a quarter (26%) of police personnel said that suspects are threatened often, while 34% said that this happens sometimes. Similarly, nearly two in 10 (18%) said that slapping or using light force is common, with 28% saying it happens occasionally.

Regarding third-degree methods, one in 10 police personnel admitted that such extreme violence occurs often, and 16% said it happens sometimes. Additionally, one in three respondents reported that investigating officers frequently use coercive tactics.

The findings reveal that close to half, that is nearly four in 10 police personnel believe that reporting of custodial torture should be mandatory, while a similar proportion supported it being mandatory in some cases. Around one in 10 felt it should never be mandatory. While a majority supported mandatory reporting, the fact that the largest group favoured it only ‘sometimes’ suggests a level of hesitation or conditional acceptance. The data also shows that officers at the police station level favour mandatory reporting more than their senior counterparts.

When asked if junior police personnel would feel comfortable fi ling a complaint against their seniors for the use of violence, provided legal protection, over four in 10 of police respondents strongly agreed, while 36% agreed moderately.

Seventy percent of police personnel who have a high propensity to justify torture also believe that training on the prevention of torture is very important. (Table 6.8)

The entire report may be read here

Sabrangindia and Communalism Combat before that, have been assiduously analysing and campaigning around the issue of both representation of Indian Muslims in the police force and administration and also the attitudes of men in uniform Vis a Vis India’s largest minority.

An introduction to the Justice BN Srikrishna Commission Report into the Bombay 1992-1993 brute anti-minority pogrom published an introduction by journalist, educationist and activist, Teesta Setalvad. She has researched the various judicial commission reports into anti-minority violence. This section. Anti-Minority Bias in the Police Force may be read here. Ex-IPS officer, KS Subramanian’s essay ‘Babri Masjid 1992 – Gujarat 2002 – Kashmir 2016: How the Sangh Parivar has wrecked India’s secular social fabric by sustained anti-minority violence’ may be read here.

In February 1995, in the cover story of Communalism Combat (www.sabrang.com) Vibhuti Narain Rai gave an interview that turned the searchlight within, on the Indian Police Force. Setalvad had met him at the National PoliceAcademy where I had been asked to become part of a training given my work in the post Babri-Masjid demolition Bombay violence. In this explosive interview he had argued, cogently and with statistics about the deep-rooted bias within the Indian police. “No riot can continue for more than 24 hours unless the state wants it to continue,” he had said in an interview, that, after it appeared in the February 1995 issue of Communalism Combat was reproduced by 35 Indian publications in different languages. This seminal interview may be read here.

This poor representation of various sections of India’s marginalised, make it almost impossible for the social issues and crimes most plaguing the country today, to be taken seriously by the police. In fact, one witnesses that in many instances the police collude with the majoritarian community, namely Upper caste class Hindu male to perpetuate even more violence on those who are already persecuted.

Though some progressive judgments such as the one in which the SC upholds Karnataka law on Reservations in Promotions for Govt. employees provide a glimmer of hope, the implementation on the ground remains questionable.

[1] See civil society reports on mob lynching that document police apathy and complicity in cases (Citizens Against Hate, 2018 and Human Rights Watch, 2019).

Related:

Anti–minority bias in the Indian Police
Mayhem in Malegaon: A fact-finding team of human rights activists and lawyers that visited riot-hit Malegaon returns with disturbing evidence of a “complete communal-isation of the police and paramilitary forces”
Local Jharkand Police Used Communal Slogans: NCM on Latehar Hangings
Controversy: DIG claims he never said ‘Muslims follow religion of terrorists’

The post Mob violence, police torture justifiable practices feel a significant section of India’s police: Study appeared first on SabrangIndia.

According to Yashant Kale, the officiating Superintendent of Police (SP) in Parbhani, Suryavanshi began complaining of severe chest pain early Sunday morning while in custody. He was immediately taken to the district civil hospital, where doctors examined him and pronounced him dead. Shahaji Umap, Deputy Inspector General (DIG) of Police for the Nanded Range, confirmed the sequence of events, stating that Suryavanshi and others were initially presented in court on Thursday and remanded to police custody for two days. On Saturday, they were shifted to judicial custody and transferred to the district jail, where the fatal incident occurred.

Dr Shivaji Sukre, Dean of the Government Medical College and Hospital (GMCH), Parbhani, had announced that a detailed post-mortem examination would be conducted by a team of senior doctors, including forensic and toxicology experts. The post-mortem will be performed in-camera to ascertain the precise cause of death.as per the post-mortem report that have been circulating on social media, Suryavanshi died owing to “shock due to multiple injuries.”

The incident has sparked outrage, particularly among Ambedkarite groups, as Suryavanshi was identified as a Bhim Sainik belonging to the Wadar community, a marginalised group. Prominent Dalit leader Prakash Ambedkar, in a statement on Monday, described the custodial death as “gut-wrenching, sickening, and intolerable.” He expressed particular concern that the death occurred despite Suryavanshi’s bail application being approved. Ambedkar added that his legal team had requested the court to ensure the post-mortem examination is conducted thoroughly, involving CT and MRI scans as well as forensic and pathological analyses. He further emphasised that the procedure should be filmed and conducted in a government hospital equipped with a forensic department to maintain transparency.

The custodial death of Somnath Suryawanshi — a Bhim Sainik belonging to the Wadar community — in Parbhani is gut wrenching, sickening and intolerable to say the least.

What is more intolerable that his death happened in judicial custody despite his bail application being…

— Prakash Ambedkar (@Prksh_Ambedkar) December 15, 2024

Anandraj Ambedkar, another prominent Ambedkarite leader, also condemned the incident, calling for immediate action against the police officers involved. He highlighted the broader context of arrests in Parbhani following the desecration incident, noting that many Ambedkarite activists were detained under various charges. On the night of December 11, 50 individuals were arrested, and 300 to 400 others were booked on charges of rioting and related offences. Suryavanshi was among those identified as suspects and was presented in court on December 12.

The custodial death of Suryavanshi has reignited long-standing concerns about police brutality, systemic discrimination against marginalised communities, and the misuse of custodial powers. For many in the Ambedkarite movement, the incident represents a stark reminder of the impunity often afforded to state authorities, particularly in cases involving Dalits and other oppressed groups. With protests expected to intensify, the incident is likely to put renewed pressure on the judiciary and the government to ensure accountability and justice.

Parbhani erupts in protests over desecration of constitution replica and custodial death

The town of Parbhani in Maharashtra’s Marathwada region has been gripped by unrest following the desecration of a replica of the Indian Constitution at a statue of Dr B. R. Ambedkar and the subsequent custodial death of 35-year-old Somnath Vyankat Suryavanshi. The protests, which began on December 10, escalated dramatically after Suryavanshi’s death on December 15, bringing issues of police accountability and caste-based violence to the forefront.

Desecration of Constitution replica triggers anger: On December 10, tensions erupted after an unidentified person vandalised a replica of the Constitution held by a statue of Dr Ambedkar near Parbhani Railway Station. The act, widely perceived as an attack on Dalit identity, sparked outrage. Around 200 people gathered near the statue, chanting slogans and demanding justice. As news of the incident spread, the protests turned violent, with acts of arson, stone-pelting, and vandalism reported across the town.

Protesters blocked railway tracks and disrupted train services, including roughing up the loco-pilot of the Nandigram Express. Public properties, including the district collector’s office, were damaged, with protesters smashing furniture and window panes. The bandh, initially intended to be peaceful, quickly turned violent. Protesters set pipes on fire outside shops, vandalised public properties, and attacked the district collectorate, prompting the police to fire tear gas to disperse the crowds. Acting Superintendent of Police Yeshwant Kale confirmed that the situation was eventually brought under control but acknowledged the deep-rooted anger among the Dalit community.

NCP-SP MP Fauzia Tahseen Khan, representing Parbhani, urged citizens to maintain peace while condemning the vandalism as deeply disrespectful to the Constitution. She also criticised the slow police response, which she said exacerbated tensions. Leaders of the Communist Party of India (Marxist) and other groups extended support to the bandh, calling for justice and systemic reforms to prevent such incidents in the future.

Senior police officials, including Special Inspector General Shahaji Umap, were deployed to oversee the situation. The protests and violence have drawn attention to the state government’s failure to address caste-based violence effectively. Prakash Ambedkar reiterated his call for unity and non-violence while warning that the Dalit community’s patience should not be mistaken for weakness. He vowed to continue the fight for justice for Suryavanshi and protection of Dalit symbols like Ambedkar statues.

Notably, the police arrested 45-year-old Sopan Pawar, who was identified as the perpetrator. Initial reports described Pawar as a “disturbed” individual, but Dalit leaders dismissed these claims, insisting the act was deliberate and caste-motivated. The administration imposed prohibitory orders to prevent mass gatherings, while police used loudspeakers to urge calm.

The desecration drew strong reactions from across the political spectrum. Vanchit Bahujan Aghadi (VBA) leader Prakash Ambedkar called the incident “shameful” and demanded swift arrests of all those involved. Ambedkar warned that the failure to act decisively would lead to severe consequences. Union Minister Ramdas Athawale also condemned the act, urging protection for Ambedkar statues across the state to prevent future incidents.

Custodial death of Dalit man fuels protests: The unrest reached a boiling point on December 15 when Somnath Suryavanshi, a Dalit labourer and law student, died in judicial custody. Suryavanshi, who was arrested on December 12 for his alleged role in the earlier protests, was reportedly shifted to judicial custody on December 14. According to police, he complained of chest pain and was admitted to a hospital, where he died shortly after. However, Dalit leaders and activists have alleged that he succumbed to severe police brutality.

Suryavanshi, described as a committed Bhim Sainik and vocal activist from the Wadar community, had no prior criminal record. His arrest and sudden death in custody sparked outrage. Leaders, including Prakash Ambedkar, termed the incident “gut-wrenching” and demanded a transparent autopsy with video documentation to ensure accountability. VBA workers staged peaceful sit-ins, while Dalit organisations across the state called for a bandh to protest the custodial death.

Union Minister Athawale called for the dismissal of the police officials involved, a ₹25 lakh compensation for Suryavanshi’s family, and the withdrawal of charges against innocent individuals caught up in the protests. Activists also criticised the police for their indiscriminate arrests, which reportedly targeted over 300 locals, predominantly Dalits.

Social and political implications: The incidents in Parbhani highlight the simmering caste tensions in Maharashtra. The desecration of the Constitution replica and the custodial death of Suryavanshi are seen as symptoms of deeper systemic issues, including caste-based discrimination and police misconduct. The demands for justice have extended beyond individual accountability to include structural reforms, better protection for Dalit symbols, and more stringent action against caste-based violence.

As the Maharashtra Legislature begins its session in Nagpur, the government faces mounting pressure to take meaningful action. Dalit leaders have warned that failure to address these grievances could lead to further unrest. The Parbhani unrest has not only shaken the state but also reignited nationwide conversations about caste-based injustice and the need for comprehensive reforms in law enforcement and governance.

Postmortem procedures amid rising tensions

The postmortem of Somnath Venkata Surwanshi, who died in judicial custody, became a focal point of tension at the Government Medical College and Hospital (GMCH) in Parbhani. As news of his body reaching the hospital spread, a crowd of Ambedkarite leaders, activists, and youth gathered at the mortuary, demanding justice and accountability. Slogans were raised, reflecting the community’s anger and grief, prompting heavy police deployment to maintain order.

To ensure transparency, a team of five doctors was constituted to conduct the postmortem, supervised by the Sub-Divisional Officer and senior police officials. Dr Shivaji Sukre, the GMCH dean, personally inspected the mortuary to monitor the situation. Hospital sources confirmed that a CT scan would be mandatory before proceeding with the autopsy, aligning with standard practices in custodial death cases.

Our demand has been accepted!

The postmortem examination will take place in a government hospital which has a forensic department, and that the postmortem is filmed and undertaken by both the forensic and pathology department.

As I write this, the mortal remains of Somnath… https://t.co/vrfDQKDwSj

— Prakash Ambedkar (@Prksh_Ambedkar) December 15, 2024

However, delays marred the process as close relatives of the deceased were required to identify the body before the examination could begin. Surwanshi’s parents, travelling from Pune, had not reached GMCH by late evening, raising concerns about their whereabouts after relatives reported losing contact with them during the journey. Activists alleged that the family might have been intercepted, further fueling suspicions and unrest.

Family members have accused the police of assaulting Surwanshi, pointing to visible injuries on his body. His death, amidst allegations of custodial violence, has intensified calls for accountability, with the community and activists demanding a thorough and impartial investigation.

Opposition raises demands for accountability after Parbhani violence

The Maharashtra Congress has called for the suspension of Superintendent of Police Ravindrasingh Pardeshi following the recent violence in Parbhani town, which erupted after the desecration of a B.R. Ambedkar statue near the Parbhani railway station. Alleging police atrocities against the Dalit population, Congress State President Nana Patole termed the statue’s desecration a “grave insult” and demanded swift action against those responsible. Highlighting the legacy of icons such as Chhatrapati Shivaji Maharaj, Shahu Maharaj, and Jyotirao Phule, Patole criticised the Maharashtra government, accusing Chief Minister Devendra Fadnavis and his deputies of focusing on political portfolio allocations while neglecting public welfare.

Patole also condemned the police’s heavy-handed response, which included imposing a curfew, suspending internet services, halting public transport, and using tear gas and batons against Dalit protesters. This, he argued, reflected a lack of sensitivity in managing the situation. The Vanchit Bahujan Aghadi (VBA) and Jamaat-e-Islami Hind (JIH) echoed these concerns, with VBA President Prakash Ambedkar urging the cessation of arrests and combing operations in Dalit neighbourhoods. Ambedkar warned of intensified agitations if police action against Dalits did not cease soon. Similarly, JIH President Maulana Ilyas Khan Falahi described the statue’s desecration as a “provocative act” aimed at undermining the Constitution.

Shiv Sena (UBT) MP Sanjay Raut also weighed in, criticising the Maharashtra government over the custodial death of one of the accused, Somnath Surwanshi. Calling the death a “failure of the system,” Raut held Chief Minister Fadnavis, who also serves as home minister, responsible. Accusing the government of being “anti-constitutional,” Raut questioned how protectors of the Constitution were losing their lives under its administration. He vowed to raise the issue in the Rajya Sabha, further intensifying the political fallout of the Parbhani violence.

BJP defends police action amid unrest

Meghana Bordikar, BJP MLA from Jintur in Parbhani, defended the police’s actions in the wake of the violence in the town. In a statement following her swearing-in as a minister of state in the Maharashtra government on Sunday, Bordikar described the incident as unfortunate but emphasized that the police had acted swiftly, with the accused being arrested promptly. She further clarified that the death of Somnath Suryawanshi, one of the individuals involved in the unrest, was caused by a heart attack, dismissing allegations of custodial violence. Bordikar stated that the police were handling the situation appropriately and reassured the public that while Parbhani was observing a bandh, normalcy was gradually returning to the region.

Allegations of excessive force and custodial death

The death of Somnath Suryawanshi has brought to light the extent of police brutality in Parbhani, Maharashtra, during the aftermath of protests triggered by the desecration of a statue of Dr. B.R. Ambedkar. Suryawanshi, who had no involvement in the violence on December 11, was arrested by the police along with many others from his slum settlement, Priyadarshini Nagar. His lawyer, Pawan Jondhale, stated that Suryawanshi was subjected to merciless beating by the police during his arrest and was not involved in the protest. On December 14, Jondhale had moved for his bail, citing Suryawanshi’s law exams and the possibility of him missing them if not released. Despite this, he remained in police custody, and his health deteriorated.

The allegations against the police are grave. Several other individuals, mostly young men and women from Dalit communities, have accused the police of using extreme force during the crackdown. According to activists on the ground, videos have emerged showing members of the local police and the State Reserve Police Force (SRPF) indiscriminately attacking people, including women and minors, in Dalit localities like Priyadarshini Nagar and Bhim Nagar. One of the most disturbing incidents captured on CCTV footage shows Vachala Bhagwan Manavte, a local woman who had just returned from work at a nearby hospital, being violently assaulted by the police. As Manavte tried to record the incident, she was dragged to the ground and kicked in her face and private parts. The footage supports her account, and she was later admitted to a local hospital with severe injuries across her body.

Despite claims by Special Inspector General Shahaji Umap that the police were forced to use “force” to control a mob, Manavte and many others targeted were not part of any violent crowd. The brutal actions extended to minor girls from Dalit families, who were reportedly beaten and named in one of the multiple FIRs filed by the police. Activist Rahul Pradhan, who has been working on the ground in Parbhani, described the police’s actions as “murderous anger” while speaking to The Wire. He stated that almost all those arrested suffered injuries and were sent to judicial custody without any medical treatment. In some cases, police reportedly surrounded the detainees, making it difficult for them to raise complaints about the violence.

In addition to this, while speaking to the team of SabrangIndia, activist Rahul Pradhan stated that “the desecration of Constitution and Babasaheb is despicable. B.R. Ambedkar has always been an advocate for democracy and protests. The violence that took place during the protests should be condemned and those who had indulged in it should be prosecuted. The police should follow the legal process in doing so. But, what is actually happening is that the police is weaponising the violence and indulging in a targeted crackdown against the Dalit community. Somnath has died in custody. There are many youth who remain inside the jail till now, and have suffered through many injuries. These people have even brutalised women and minors inside their own homes.”

Pradhan is raising his voice in this case and has demanded a judicial inquiry into the incident, calling for accountability for the police officers involved in the violence. He has also demanded compensation of Rs 50 lakhs for Suryawanshi’s family and Rs 10 lakhs for the other youth injured during the police crackdown. Additionally, they are seeking charges of murder and attempt to murder of the Bharatiya Nyaya Sanhita 2023 against the guilty officers, along with charges under Sections 3(2) and 3(3) of the SC/ST Atrocities Act, which protect marginalised communities from violence and discrimination.

https://www.facebook.com/share/v/1GjAefRet4/?mibextid=wwXIfr 

The custodial death of Suryawanshi has further raised questions about the treatment of those in police custody. According to legal norms, when an accused person is produced before a magistrate, the magistrate is required to inquire whether they have been ill-treated during custody and check their medical reports. However, Suryawanshi’s lawyer, Jondhale, has indicated that this legal procedure was not followed, and many detainees were denied medical attention. The death of Suryawanshi in judicial custody has drawn sharp criticism, with activists calling for an independent judicial inquiry into the cause of his death. They have also demanded that the post-mortem be conducted in a hospital outside Parbhani to ensure impartiality, as local authorities are seen as compromised due to the ongoing tension.

In a broader context, this situation has drawn comparisons to the 2018 Bhima Koregaon violence, where police similarly targeted Dalit activists with what many believe were politically motivated arrests. Pradhan has called for the establishment of an independent judicial inquiry into the Parbhani incident, emphasising that the state’s actions against Dalits and Ambedkarite activists are part of a larger pattern of oppression. The activists’ demands are clear: justice for Suryawanshi and accountability for the police violence that has marred the investigation into the protests.

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The tweet can be accessed here:

A 19-year-old polytechnic student “Danish” was allegedly beaten by cops in Police Custody after an argument when he failed to provide DL during Vehicle Checking in Pratapgarhi, UP. He has been admitted to hospital, currently in critical condition.

https://t.co/brLBNUJniF

— Ahmed Khabeer احمد خبیر (@AhmedKhabeer_) May 11, 2023

According to Danish’s family members, on May 10, cops had stopped him on Ayodhya-Prayagraj Highway for not showing his driving license while he was returning home from Chhitpalgarh market on his motorcycle. It was alleged that merely for not having his driving license on him, the police abused and beat him, and even gone to the extent of giving him electric shocks, before taking him to the police station.

A formal complaint has been filed by Danish’s brother against the two unknown police officers and Inspector Ram Anuj Yadav under sections 323 (punishment for causing hurt), 504 (intentional insult with the intent to provoke breach of peace), and 308 (attempt to commit culpable homicide) of the Indian Penal Code at the Delhupur police station, according to the information provided by Maktoob media, based on the FIR copy accessed.

Danish is currently undergoing treatment at a hospital in Prayagraj. To the said tweet by Ahmed Khabeer, the Pratapgarh Police had replied and said that an investigation into the incident has been launched by the police. The departmental procedure is underway for further action, said police. A case has been registered against the accused policemen at the Delhi police station for legal action, it said in a tweet.

The tweet can be accessed here:

प्रकरण को संज्ञान में लेकर उक्त पुलिसकर्मी के विरुद्ध थाना देल्हूपुर में अभियोग पंजीकृत कर विधिक कार्यवाही की जा रही है। विभागीय कार्यवाही हेतु प्रक्रिया प्रचलित है।

— PRATAPGARH POLICE (@pratapgarhpol) May 11, 2023

Related:

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Hate Watch Agra: “Upper caste” Hindus assault Dalit groom for riding a mare

Allahabad HC calls out misuse of law in cow slaughter case as only cow dung recovered from scene

Cow vigilantism casts its ugly shadow on Maharashtra

The post UP: Muslim student, 19 left critically injured, police officers under investigation for alleged custodial torture appeared first on SabrangIndia.

Muzaffarnagar: A police officer has been suspended in Uttar Pradesh’s Muzaffarnagar for allegedly subjecting third-degree torture to a man who happened to be a distant relative of an accused.

According to reports, R. Rana, the Sub-Inspector (SI) of Chhapar police station in Muzaffarnagar, went to Khampur village with a team to arrest an accused named Zishan Ansari, who was wanted in a case related to cow slaughter.

He did not find the alleged accused and picked up his distant relative Farad Hakim, 40, a resident of the same village.

Hakim was taken to the police station and was subjected to third-degree torture by the SI.

Later, he was released from the police station due to pressure from the villagers.

One of the villagers recorded a video of Hakim which purportedly shows bruise marks on his body and uploaded it on social media.

After the video went viral, SSP Vineet Jaiswal took suo moto cognizance and ordered a probe.

The SSP said: “During the investigation, the sub-Inspector was found guilty. Based on the report submitted by the deputy superintendent of police, he has been suspended. A departmental inquiry will also be conducted against him.”

Courtesy: The Daily Siasat

The post UP: SI subjects Muslim man to 3rd-degree torture in cow-slaughter case appeared first on SabrangIndia.

*Trigger warning: Disturbing descriptions of injuries, alleged torture and death follow. 

A young man died, allegedly of injuries sustained while he was in police custody in Kanpur, Uttar Pradesh. His distraught family turned over his body to show purple bruises on his back, and buttocks. They alleged that the man was allegedly detained by the local police who suspected him to be involved in a case of loot. According to the family, the man was allegedly tortured in custody, and once released he died last night during treatment.

A young relative, possibly a sister of the victim, recalled his last moment to the media, saying the police did not even take the victim for treatment. 

However, Kanpur DCP BBGTS Murthy, told the media that the victim’s family has accused “some” people. He adds that he was told there were cops from some other area which is being investigated. He asserts that the victim’s family has “not blamed” the local police.

Disturbing video: Family shows torture marks on the body of victim Jitendra Kumar. pic.twitter.com/6eoGwRkQ0f

— Piyush Rai (@Benarasiyaa) November 16, 2021

Uttar Pradesh police has been under the scanner for alleged custodial deaths reported from Kasganj,  and in October from Agra where the families of the victims have also alleged torture in Police custody.

In this case, that came to light on November 16, Jitendra Srivastava, a 25-year-old resident of Guva garden, Kanpur, was reportedly picked up by the local police on Sunday on suspicion of his involvement in a theft, reported the portal The News Agency. According to the family, when he was released from police custody, a badly bruised Jitendra had said he was in a lot of pain. The family says he breathed his last even before they could get him proper medical treatment. According to reports, Jitendra was a daily wage earner and was scheduled to go to Mumbai in a few days for a job.  

The aforementioned young woman has named and accused Panki Chowki in-charge of keeping Jitendra in the lock-up and thrashing him. According to reports, the family kept the body of the youth on the road and was protesting. Soon the media footage of their distress was posted on social media. Senior police officials have since reportedly met the family. However, it is not yet known if any police officials 

In UP’s Kanpur, a youth was allegedly detained by the local police in a case of loot and was tortured in custody before he was released, claim family members. He succumbed to his injuries last night during treatment. pic.twitter.com/FMDEU4kCZP

— Piyush Rai (@Benarasiyaa) November 16, 2021

उत्तर प्रदेश के कानपुर पुलिस पर फिर लगे गंभीर आरोप, कानपुर कमिश्नरेट की कल्याणपुर पुलिस पर हत्या का आरोप, चोरी के शक में युवक को हिरासत में थर्ड डिग्री देने का मामला, पट्टे से पीटा, हालत बिगड़ने पर घर पर छोड़ा, हुई युवक की मौत, शरीर पर है निशान, पुलिस की बर्बरता का वीडियो वायरल। pic.twitter.com/sEe2KcnT10

— Chandan Pandey (@Chandanup65) November 16, 2021

Remember Altaf who allegedly hung himself from a 2-foot pipe?

The case brings back memories of the recent death of  21-year-old Altaf, who died in Kasganj Police’s custody on Tuesday November 9. As soon as the news of his death had spread on Wednesday, November 10, Uttar Pradesh police were quick to claim that he had died by suicide in the toilet. Kasganj Superintendent of Police Botre Rohan Pramod had issued a video statement and claimed that Altaf, went to the washroom inside the lock-up and “there he sought to strangle himself by tying the naada or string of the hood of his jacket to a tap.”

Three days after Altaf was found dead, the minor girl who had gone “missing” in Kasganj district has been found. Altaf had been brought in “for questioning” as the girl’s family had reported her missing. Altaf was accused in a complaint by the girl’s family, of kidnapping her. He was found dead at the police station on November 9. Police claimed that he hung himself with a drawstring from the hood of his jacket, from a water pipe in a toilet. According to news reports, an FIR has been lodged against unidentified policemen, under IPC Section 302 (murder) at the Kasganj police station in connection with Altaf’s death, and a departmental inquiry as well a magisterial probe into the custodial death are being conducted simultaneously.

Now, Kasganj SP, Botre Rohan Pramod, was quoted by Indian Express saying, “The girl was recovered safely from Kasganj railway station. Teams had been formed and we tracked her location after surveillance. A medical examination was carried out the following day, there was no sign of any form of injury. Her statement has been recorded in front of a magistrate and further aspects of the case will be investigated”. 

What happened in Agra? 

A sanitation worker, Arun Valmiki, who had been accused of stealing Rs 25 lakhs, “suddenly fell ill”, reportedly during interrogation in police custody and was declared dead after he was taken to a hospital. This case was reported in October. Valmiki who worked as a cleaner had been accused of stealing Rs 25 lakh from the Jagdishpura police station’s storage house where confiscated items are kept. According to SP Muniraj, Rs 15 lakh were recovered when police raided his house. However, Arun’s family filed a complaint in connection with his death and members of the Valmiki community demanded a fair probe into his death. 

They alleged that Valmiki “was questioned aggressively by the police which led to his death.” An FIR was filed against unknown accused at Jagdishpura for alleged murder. Six police officials, including a station house officer, were suspended after Rs 25 lakh and pistols had been stolen from the storage room of Jagdishpura Police Station.

Related

UP: How did a 5.6 foot Altaf ‘hang himself’ to death from a 2 foot pipe in a police lockup toilet? 
UP: Muslim man accused of kidnapping Hindu girl dies in police custody
With thinning patience, SC recommends HC judge to monitor Lakhimpur Kheri probe
Inquiry into rights violations by UP police during 2019 anti-CAA protests: NHRC
UP: NHRC sets up inquiry in minor boy’s death by suicide after spending 3 months in jail
Gujarat: Citizens group may march to Raj Bhavan to protest “inaction by police”
Anti-Muslim hate on streets: Vendors beaten, forced to chant Jai Sri Ram, boycotted, dargah desecrated

The post Uttar Pradesh: Young man dies on return from police questioning, family alleges torture appeared first on SabrangIndia.

Allegedly thrashed by the cops at Virajpet Police Station, 50-year-old mentally challenged Roy D’ Souza succumbed to his injuries on June 12 in Karnataka. According to some media sources, Roy, who was also epileptic, was found roaming the streets with a knife in his hand and attacked a constable before being taken into custody. Roy was beaten black and blue and handed over to the family after three hours in police custody. As per The Indian Express, he developed serious health issues and was put on a ventilator in Madikeri Hospital. After Roy’s death, his brother Robin filed a complaint against the Virajpet police and submitted it to SP Kshama Mishra.

When Wasim Khan, dialled 100 and called the police when a fight broke out near his uncle’s residence in village Chandan Hulla, Delhi, he was allegedly taken into custody and three police officials of Fatehpur Beri police station namely Sub Inspectors Satender Guliya, Praveen and Jitendra beat him with lathi, fists and kicks. As per an IE report, he suffered a spinal fracture after he visited Indian Spinal Injury hospital, Vasant Kunj, New Delhi in May 2021.

In Uttar Pradesh, Mohammad Faisal Khan, a young vegetable vendor, and the sole breadwinner for his family of six, was allegedly beaten to death by the Unnao Police on May 20. His post mortem report revealed that he succumbed to a head injury and the examination also found a severe injury behind his ear with at least 12 contusions on his body. According to a News Minute report, in Karnataka, when a Dalit youth Punith asked for water, the sub-inspector refused and allegedly forced another person in the lock-up to urinate on Punith. He also alleged that the Gonibeedu Police had made him lick the urine drops on the floor. The police also subjected him to verbal abuse and tried to make him give a false confession, he alleged.

The Wire reported a horrific incident about a 47-year-old farmer, Murugesan, who died allegedly after being beaten by the police at the Pappanaickenpatti check post under the Yethapur police station limits in Tamil Nadu’s Salem district on June 22. The triggering video of the altercation between the special sub inspector Periyasamy and the victim was uploaded on social media, where Murugesan’s friends can be seen trying to plead with the policemen to stop hitting him. This as mentioned above happened in the state of Tamil Nadu.

Shocking statistics           

During this year’s budget session, more startling revelations have come to light. From the year 2019 to 2020, a total of 112 deaths in police custody have been registered according to the National Human Rights Commission (NHRC). In terms of deaths in police custody, Gujarat reported the highest number of cases at 15 between the year 2020 up to February 28, 2021. Uttar Pradesh, on the other hand, reported 395 cases of death in judicial custody.

Across all States and Union Territories, a total of 86 deaths in police custody was reported by the NHRC, where Gujarat accounts for 6% of deaths in police lockups. The year from 2020 to 2021, reported a whopping 1,645 cases of judicial custodial deaths. Following Gujarat, Maharashtra recorded 11 deaths in police custody and West Bengal reported 158 deaths in judicial custody. Uttar Pradesh painted a very grim picture with leading cases of deaths in judicial custody (400). Whereas Madhya Pradesh recorded 14 death cases in police custody between the year 2019 to 2020.

Odisha saw four police custodial deaths and 80 deaths in judicial custody as per the latest data. In Puri last year, one K. Ramesh was allegedly hacked to death after being picked up by Baseli Sahi Police personnel for some criminal charges against him. After an apparent scuffle with the Police, he was taken to a Hospital on November 19, where he was declared ‘brought dead’ by the doctors. Tariq Salim, a resident of Birmitrapur town, was allegedly picked up by the Police and taken into different locations for investigation in connection with the kidnap of a businessman. The Indian Express reported that his health deteriorated when he was rushed to Rourkela Government Hospital (RGH) only to be declared dead, early morning on November 19.

Six men from Pipili were admitted to Cuttack’s SCB Medical College and Hospital on November 21 with several injury marks on their bodies. Apprehended by the police at Pipili Police Station, the parents of all six accused have alleged that they were mercilessly beaten up by officers since November 13 and their staged dharna (protest) was joined by other Congress party members.  

As per the latest data revealed during the budget session, (from 2020 to February 28, 2021), a staggering 11,955 human rights violation cases have already been registered against the Police. But what’s more astonishing is that not one single police officer has been convicted of a crime since 2005 to 2018 according to the National Campaign Against Torture 2019 report. Of the 125 deaths in police custody documented by the NCAT in 2019, 60 percent were from poor and marginalised communities, including 13 Dalit/tribal victims and 15 Muslims.

Achieving convictions is always difficult because of the legal hurdles posed by section 197 of the Code of Criminal Procedure. This provision lays down that no government official or member of the armed forces alleged to have committed a criminal offence while acting or purporting to act in the discharge of their official duty can be prosecuted except with the prior sanction of the central or state government. More often than not, the state fails to give this sanction to save face.

An example of this is Khwaja Yunus, a 27-year-old accused in the Ghatkopar Bomb blast case of 2002 (Maharashtra) who allegedly died in police custody after being stripped naked, and beaten on his chest and abdomen with a belt in lockup. The four accused police persons who were suspended in 2004 were reinstated in June last year, as per The Hindustan Times.

Source: Rajya Sabha unstarred Question No. 3232 answered on 24.03.2021

15 years later, SC directions gathering dust

Police misconduct such as brutality, using excessive force, different methods of torture, humiliation, targeting the most marginalised, although does not go unnoticed but rarely attracts penal punishment. Police reforms have been long recognised especially in Prakash Singh and Ors v. Union of India and Ors (2006) 8 SCC 1, in which the Supreme Court came up with seven directives to kick start such reforms and re-shape the police force’s functioning mechanism.

Amongst the seven directives, the most important to the theme is “Police Complaints Authority” to be set up at the State and district level to inquire into public complaints against police officers of and above the rank of Deputy Superintendent of Police in cases of “serious misconduct by the police personnel, which would include incidents involving death, grievous hurt or rape in police custody.”

“The head of the State level Complaints Authority shall be chosen by the State Government out of a panel of names proposed by the Chief Justice; the head of the district level Complaints Authority may also be chosen out of a panel of names proposed by the Chief Justice or a Judge of the High Court nominated by him. These Authorities may be assisted by three to five members depending upon the volume of complaints in different States/districts, and they shall be selected by the State Government from a panel prepared by the State Human Rights Commission/Lok Ayukta/State Public Service Commission. The panel may include members from amongst retired civil servants, police officers or officers from any other department, or from the civil society”, read the judgment authored by Justice Y.K. Sabharwal.

The entire judgment may be read here:

The Commonwealth Human Rights Initiative (CHRI), in its report on September 22, 2020 that tracked changes made in the police force following the 2006 judgment, found that not even a single State fully complied with the necessary directives. The callousness and absolute laxity can also be traced through Prakash Singh’s petition, who ended up filing contempt pleas against Gujarat, Punjab, Maharashtra, Karnataka, Tamil Nadu and Uttar Pradesh for non-compliance.

As recently as January of this year, as per The Hindu, the Telangana High Court took up a PIL, instructing the State government to constitute State Police Complaints Authority within four weeks of receiving names of retired Supreme Court or High Court judges for appointment as the Authority’s chairman, after almost 15 years of clear directions.

An analysis done by CHRI in 2020 states that 22 States have constituted State Police Complaints Authority (SPCA), while 17 states have constituted District Police Complaints Authority (DPCA), both on paper. Bihar does not have a state level complaint authority after mandated directions and at the district level, Arunachal Pradesh, Chhattisgarh, Goa, Meghalaya, Nagaland, Odisha (that was in disarray in 2020 due to many instances of custodial violence and deaths), Sikkim, Telangana, Tripura and West Bengal lack this authority.

Another important facet to consider is the situation in Kashmir where families have been historically battered by armed forces and police force. After the abrogation of Article 370 withdrawing Kashmir’s special status and enactment of the Jammu and Kashmir Reorganisation Act, 2019, the Modi government is yet to issue a notification to implement this SC directive in the valley, one which probably needs it the most.

SC on CCTV cameras to curb brutality

Last year in December, the Supreme Court passed a detailed and specific order directing states and the centre to take concrete steps towards ensuring that every police station in the country and all investigating agencies have CCTV cameras in their premises. The Bench comprising Justices RF Nariman, KM Joseph and Aniruddha Bose had ordered setting up of state and district level oversight committees that will be responsible for making sure that these CCTV cameras are procured, installed and function so they can be of use during trial.

The judgment may be read here:

But living up to their reputation, most states faltered and the Supreme Court expressed its sheer disappointment at the State’s conduct and failure to follow such directions. In March, the top court expressed its displeasure as both the Centre and the States/UTs did not take the matter seriously. A Bench comprising Justices Rohinton Fali Nariman, BR Gavai and Hrishikesh Roy said, “We reiterate that these are the matters of utmost importance concerning the citizens of this country under Article 21 of the Constitution of India.”

The top court came down heavily on Telangana, Karnataka, Uttar Pradesh, Madhya Pradesh and was most displeased at Bihar’s state of conditions. It noted that nothing has moved forward in these states in terms of installing cameras, allocating necessary budget, etc. In the most recent hearing of this case (Special Leave to Appeal (Crl.) No(s). 3543/2020) that took place in April, the court noted that “so far as Andaman & Nicobar Island is concerned, nothing has yet been done despite our earlier orders.”

Further, the court also directed the central government to allocate its budget accordingly for CCTV camera installation in different investigation agencies like CBI, ED, etc. It has strictly reiterated that “after budgetary allocation is made within the one month given by us, our earlier orders will be implemented in letter and spirit within a period of six months from the date on which budgetary allocation is made.”

The SC order dated April 6, 2021 may be read here: 

Related:

CCTV cameras in Police stations: SC discontent with Centre, States and UTs
End Custodial Torture: SC’s new comprehensive directions on CCTVs in police stations
Disarray in Odisha over custodial violence cases
Gujarat reported highest number of police custodial deaths: Centre in LS

The post Indian Police Force: Abusive and tyrannical? appeared first on SabrangIndia.

The ongoing protests against the Citizenship Amendment Act (CAA), National Register of Citizens (NRC) and National Population Register (NPR) have brought along with them news of brutal attacks on protestors and worse, the attacks on minors, especially by the Uttar Pradesh police.

The Quill Foundation, Citizens Against Hate and HAQ: Centre for Childs Rights formulated a committee to look into the detention and torture of minors in Uttar Pradesh, in the districts of Bijnor, Muzaffarnagar, Firozabad and other places.

The report shows that the abuse of minors is spread across two primary districts of Muzaffarnagar (14 minors) and Bijnor (22 minors), both of which have more than 40% Muslim population and a high concentration of national minority institutions where children from across the country are studying.
 

The many forms of torture

The UP police allegedly beat the minors with batons and lathis who were arrested every two to three hours on the lower parts of their body rendering them unable to walk. Not only this, they were not provided any blankets in the bone-chilling January winter.

“Mostly they beat us on the lower parts of our body. I was not able to walk properly for 15 days. The police detained me on Friday and released on Sunday night. Till then I was in custody where they beat me brutally,” Y said. (Bijnor)

Y’s mother too recounted the horror. She said, “At last, Y came home after two days with his toes crushed and bruises on his body. He was barely walking and his lower part of the body had turned blue due to beatings by the police…. They were given severe beatings during their period of detention. They were first taken to Bijnor Police Lines and then shifted to a farmhouse owned by a BJP MLA. During their illegal detention, Y and others were beaten up mercilessly by the local police officials and were not even given blankets in the spine-chilling cold winter night…. It was the most shocking thing to hear the account of those two days from Y”.

It was just physical assault that the minors had to face. They were reportedly tortured by way of sleep deprivation. In Bijnor, a minor said that, even though temperatures dropped to 6 degree Celsius, no warmth or sleeping arrangements were made for any detainees. Moreover, the minors were not allowed to sleep and if they did, were brutally beaten.

“I pressed my fingers against my eyelids to keep my eyes open.” Said 17-year-old E. “If you nodded off, the guards would hit you with a stick.” (Bijnor)

Using psychological torture to get the minors to testify for the crimes they didn’t do, the UP police in some cases refused to let the minors visit the washroom to relieve themselves and in some cases even refused drinking water when they were thirsty.

“First the police gave us all water, which we drank because we were thirsty.” Said B. “But then we realised we would be beaten every time we wanted to pee.” (Bijnor)

“They refused to give us water and said that if we are so thirsty, we should drink their urine.” said a student who didn’t want to be named…” (Muzaffarnagar)

Syed Asad Raza Hussaini, Founder and Principal of the Madrasaxi in Muzaffarnagar said: “On Fridays students observe fast. They asked for water to break fast that evening. They were all denied water. Police abused and passed derogatory remarks against Islamic religious figures – the prophet. They were forced to say Jai Shri Ram.” (Muzaffarnagar)

The UP police told the detained children of Bijnor that the reason for their detention and abuse by police was in order to “teach them to never attend a public demonstration again”. All five minors confirmed that they were not only detained along with adults but also made to witness them being tortured.

“I was pushed inside a big hall where about 150 people were detained and were being beaten up. I saw many young people and children in the age group of 15-16 years in the group as well. Police officials were beating everybody present in the hall. While one police official had Torture Testimonies 6 held the hands of the detainees, the other police official was raining lathi blows mercilessly on bare bodies.”(Bijnor)

Post the arrests, the police also released posters with pictures of persons who ‘allegedly’ protested in the anti-CAA rally. Due to this, many young boys whose faces were used in the poster were sent away by their parents fearing police action.

In Raukhedi, Jalalabad, District Bijnor, the community reported how the police barged into their homes late at night and vandalized property while threatening families to cooperate with the police.

Finally, to paint themselves to be followers of the law, the police allegedly contacted madrasa officials / heads asking them to give statements saying no beating or torture took place. In return, they said they would release everyone still in custody, otherwise cases would drag on.
 

Violation of Laws and Standards

Violation of the Juvenile Justice Act – Detention of every minor that took place in the two districts is a violation of the JJ Act and the Rules made under the Central Government and the U.P. State Government.  

Both Model Rules and the U.P. State Rules on Juvenile Justice clearly require that no child shall be apprehended for petty or serious offences. Registration of FIR and apprehension is allowed only for heinous offences, and that too if such apprehension is necessary in the best interest of the child. Going by the list of offences figuring in the FIR in Nagina, all the offences are either petty offences or serious offences as per Section 2 (45) and Section 2 (54) of the Juvenile Justice (Care and Protection of Children) Act, 2015.

According to the JJ Act, a Child Welfare Police Officer / Special Juvenile Police Unit is responsible for producing the child before the Juvenile Justice Board within a period of 24 hours. However, as mentioned in the testimonies, no minor was produced before any Board and instead all of them were held for longer than 24 hours without any accountability. Neither were any of the children placed under any Child Welfare Police Officer. This means that under no circumstances, should a child be placed in a police lockup or lodged in a jail. All minors detained in UP were not only detained in police lock ups but also tortured and made to witness police torture.

The ‘General Principles of Care and Protection of Children’ – dignity, equality, care, best interest, right to be heard, safety, privacy and confidentiality, non-stigmatising semantics, non-discrimination, restoration to their families at the earliest – all of these were flouted by the UP police.

In revealing their identities by means of posters and circulating pictures of these minors, the police also violated their privacy, something which is prohibited by the JJ Act.

The UP police also violated the human rights principles of the UN Child Rights Convention (UNCRC). The UP police did not abide by any national or international standard operating procedure and in no way was a child’s well-being their concern. In fact, the torture they subjected the children to was a direct and immediate threat to the children’s life.
 

The stand of the UP police, State and other ‘welfare’ agencies

Bijnor superintendent of police Sanjeev Tyagi claimed to be unaware of any minors being detained and instead asked the journalist covering the incident for evidence. He said, “When we told him that the children had said that they had been in the lockup, and had been released, he asked for their names so he could check, and said that this was the first time that he was hearing about it. Tyagi insisted he had not received any allegations of brutality, and so no investigation was taking place. If he got a complaint, he said, a probe would take place.”

With regards to violence against children in UP, the government has not taken cognizance or issued any statements. Instead, in a video, the Chief Minister Yogi Adityanath guaranteed that “badla” (revenge) will be taken against protestors. On 27th December, 2019, justifying the UP police crackdown on anti-CAA protestors, he said that the police actions have “shocked” protestors into silence.

The National Commission for Protection of Child Rights (NCPCR) issued a notice to all Director Generals of Police in all states citing the misuse of children as “shields”, a violation of the JJ Act 2015. However, any form of police excesses failed to find mention in the notice issued.

The Uttar Pradesh State Commission for Protection of Child Rights (UPSCPCR), instead of condemning the violence, offered further impunity to the police. In a notice issued to District Magistrates, it asked for a report on minors being used as “human shields” by protestors. Again, no mention of police excesses was found.
 

Recommendations of the fact-finding committee

Post their findings, the members of the Quill Foundation, Citizens Against Hate and HAQ have come up with recommendations for the UP government and the National Human Rights Commission so that they can take action against the errant police officials and other government officials who allowed the torture and detention of minors.

It asked for a time bound (3 months) judicial inquiry on police action from 20.12.2019, focusing on child rights violations as per state and national laws. Directions based on inquiry to be acted on within specific time period with the aim to include a) justice for minors and their families and b) accountability of officers responsible.

It also recommended that the minors be compensated for the physical, mental and psychological violence and loss suffered by them and counselling of the victims and their families.

Apart from this it asked for a judicial inquiry and age determination of detainees under 21 years to be conducted according to rules prescribed under Section 94 of the JJ Act, 2015; apart from issuing a public notice regarding rights of minors, especially vis-a-vis police action and Rule 8(3) of the JJ Act, 2015 and UP JJ Rules, 2019.
 

In conclusion

Close to 41 minors are/were allegedly detained and subjected to custodial torture. Of these, 22 minors were detained and tortured in Bijnor and 14 minors in Muzaffarnagar. Of the latter, FIRs were filed against four minors who were released after 12 days of detention. Some minors did not receive legal aid. An 8-year-old was killed in a stampede and two minors sustained bullet injuries in Lucknow.

The police forced the family of the 8-year-old minor to conduct a high-security burial. They intimidated and induced fear in the citizenry post the arrests of the children through torturing their families, attaching their assets and asking them to compensate for the loss of public property during the violence at the anti-CAA protests.

Reports of the UP police sexually torturing detained minors also surfaced, where some of the boys in custody allegedly had to be hospitalized with cases of rectal bleeding.

With the government not holding the police accountable for its crimes, how will these minors get justice and who will give it to them?

The entire report may be read below.

Related:

Did UP police sexually torture minors in custody?
Delhi Police detains 18 minors in Daryaganj during anti-CAA protests
Two from Hindutva fringe outfits arrested for Patna teen’s murder

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Three sisters have accused the Assam police of custodial torture, which includes being stripped, kicked and beaten with lathis, inside a police outpost in Darrang district. The women were picked up after a case was registered against their brother, a Muslim, for allegedly abducting a Hindu woman.

Assam DGP Kuladhar Saikia told the media that the outpost in-charge sub-inspector Mahendra Sarma and a woman constable Binita Boro were suspended Tuesday and criminal cases registered against them. He has also asked for an inquiry into their allegations within a week. Unfortunately, cases were registered days after one sister, on September 10, wrote a detailed account of the incident in a complaint to police saying Sarma and Boro “stripped us naked, assaulted us and touched our private parts”.

The three sisters, aged 28, 30 and 18, were picked up at around 1.30 am on September 9 during a raid led by SI Sarma. Police claim the women were detained for questioning because a case was registered against their brother for allegedly abducting a Hindu woman.

The 28-year-old sister, who filed the complaint, said the assault continued until they were able to contact their brother, who, she said, was in Shillong with the Hindu woman. “He arrived with the girl at 6.30 am at the outpost. He asked them why we were tortured for a case against him. They beat him too. We believe the two of them (her brother and the woman) were involved in a relationship,” she said, adding that her brother is married but estranged from his wife.

Darrang SP Amrit Bhuyan said, “A case of kidnapping was registered by the family of the woman on September 6. The brother is now under arrest.” According to the 28-year-old sister, the Hindu woman and her brother were involved in a relationship  for almost two years.

Another sister said the family had “all the proof of the relationship and there was no kidnapping”. A Darrang district police officer said that after the Hindu woman returned, “she told police that she was taken forcibly”. According to the women, at the police outpost, Sarma, aided by Bodo, stripped and assaulted them, while their brother was jailed. The women also have photographs showing injuries all over their bodies.

Brutal slaps by the police! The 28-year-old woman, pointing to dark red patches on her cheeks, said they were caused by slaps from police. She told the media, “When we asked Sarma, why are you taking us, he pointed a pistol and said don’t ask too much. At the outpost, my husband was locked up and my sister was stripped and hit by a lathi first.”

“She has a problem in her left leg but they hit her on that leg as well. They hit her on the left leg. My elder sister was also assaulted. We told him she was pregnant, OC (Sarma) said, ‘don’t do acting’. After assaulting both of them, he targeted me and hit me.”

“We want justice. Sarma and Binita and the other 4-5 police personnel present at the outpost should be punished for what they did to us,” said the 28-year-old.

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A couple of years ago, India’s Attorney General had said at the UN that “Ours (India) is a land of Gandhi and Buddha. We believe in peace, non-violence and upholding human dignity. As such, the concept of torture is completely alien to our culture and it has no place in the governance of the nation.” (Baljeet Kaur in EPW Vol. 53, Issue No. 36, 08 Sep, 2018)
 
Fine words indeed. However the 2015-2016 NHRC Annual Report states:Custodial violence and torture continue to be rampant in the country. It represents the worst form of excesses by public servants entrusted with the duty of law enforcement. 

Between September 2017 and June 2018  news reports noted 122 incidents of custodial torture resulting in 30 deaths. There has been no consistent documentation of torture-related complaints. The National Crime Records Bureau (NCRB) does not document cases of custodial torture.(Baljeet…)
 
Let us enumerate some of the tortures taking place in the context of Indian government’s efforts to do away with so-called ‘extremism’ in the country:
 

• Several intellectuals, artists, writers, journalists, legal professionals, poets, Dalit  &Adivasi rights activists, human rights activists have now become suspects in the eyes of the ruling class. They are now invariably  called ‘maoists’, ‘naxals’, ‘urban naxals’ etc. Cases, including serious cases such as Unlawful Activities Prevention Act [UAPA], Sedition etc. have been foisted on them. Several of them have already been jailed, others are being harassed with raids on their work places and residences.

Now let us ask ‘who’ and ‘what’ are theseindividuals. They are perhaps the most precious human beings who have given the most and best of themselves for the cause of truth and justiceand have clearly taken the side of the deprived, marginalized sections of society. They have expended their individual charisma, professional expertise, unconditional solidarity with the deprived masses and many of them have achieved phenomenal success in bringing relief to the abandoned lot of human beings about whom the rest of society does not bother. They have deprived themselves of social & economic security which they otherwise would have enjoyed.

When the ruling class instead of commending their commitment is bent upon punishing them in meanest ways, it is deplorable.
Is this not torture ?

• The condition of the economically and socially deprived sections is even more a cause of concern. The fact is two-thirds [67%] of prisoners in India are under trials. Besides, one in every three under-trial prisoners in India is either SC or ST. Although they constitute only 24% of the population, 34% of them are under-trials. A random sampling study of under trial prisoners in Jharkhand reveals that the family-income of  59% of under trials is below Rs.3000 p/m and 38% of them earn between Rs.3000 and 5000 p/m. That means a total of 97% of under trial prisoners in Jharkhand earn less than Rs.5000 p/m. The inevitable conclusion is that practically all under trial prisoners are very poor people.(finding taken from ‘A Study of Undertrials in Jharkhand’ by Bagaicha Research Team, 2016, p.54)

A vexing question is how did they come to be arrested as ‘naxals’ / ‘sympathisers of naxals’?  The above-mentioned study found out that about 57% were arrested while they were at their homes.30% were arrested while travelling, at railway station or at a town while shopping. Eight percent said they surrendered themselves on being informed that there was a case registered against them, and five percent said that they were summoned by the police to the station ostensibly for some other purpose but on arrival they were arrested. However, most of the charge sheets filed by the police state that these arrests were made from forests. This mismatch is a clear indication that the police habitually fabricate cases against Adivasi villagers. (from above-mentioned study, p.56)
 
It is important to remember that greater part of them are young people. 22% are in the age-group of 18-28 which is the most creative part of one’s life and 46% are aged 29-40 which is the most productive part of one’s life. (facts from above study, p.50)But the repercussions of their imprisonment on themselves and their families are tragic. Many families have mortgaged or sold off the little assets such as their land, cattle. The sole breadwinner of the family is either in jail or implicated in cases. It is heart-rending to see many families have been reduced to destitution and their small children are growing up without paternal love and care. And knowing full well that if and when they are tried most of them will be acquitted.Hence their trial is deliberately prolonged no end.Is this not torture ?
 
It is common knowledge that prisoners are systematically tortured in our country. The poorer you are, the more liable you become a victim of physical torture in prison. Even very educated, knowledgeable, professionals are not exempt from physical as well as mental torture. It became evident when one of the accused in Bhima-Koregaoncase who is himself a lawyer was repeatedly slapped during police custody in Pune jail to the extent he had to be taken to the hospital. If this can happen to an eminent legal professional,the fate of poor helpless under-trial prisoners is best left to one’s imagination.
                                                                                                                                  
Is this not torture ?
 
And yet we are told ‘India is the land of Buddha and Gandhi and torture is just not part of our culture’ ! 
 
We can only take solace from the endearing song of our revered patriot, philosopher, poet Rabindranath Tagore. . .                                                                                                  
 
Where The Mind Is Without Fear
Where the mind is without fear and the head is held high
Where knowledge is free
Where the world has not been broken up into fragments
By narrow domestic walls
Where words come out from the depth of truth
Where tireless striving stretches its arms towards perfection
Where the clear stream of reason has not lost its way
Into the dreary desert sand of dead habit
Where the mind is led forward by thee
Into ever-widening thought and action
Into that heaven of freedom, my Father, let my country awake.

Related Articles:
4,000 Adivasis, Charged as ‘Naxals in Jails of Jharkand

Fence Eating the Crop ! NHRC Finds Fake ‘Naxalite-Surrenders’ in Jharkhand

The post Torture as practice dominates Indian law enforcement appeared first on SabrangIndia.

Undertrial activists of the banned Students Islamic Movement of India(SIMI) have had their beards forcibly shaved in Bhopal's New Central Jail and are being compelled to chant "anti-Islamic slogans", their families have told the National Human Rights Commission. The Jamia Teachers Solidarity Association (JTSA) and the People’s Union for Civil Liberties (PUCL) facilitated their complaints before the NHRC, reports The Telegraph.

The 21 undertrial prisoners are being brutally beaten and threatened with death by jail authorities in the capital of BJP-ruled Madhya Pradesh, wives and relatives of four of the men told rights panel member Justice (retd) D. Murugesan here yesterday.

"My husband is being routinely tortured, humiliated and forced to shout anti-Islamic slogans," said Shama Parveen, wife of Mohammed Javed, a farm labourer arrested a year after their marriage in December 2012.

"He fears for his life: the jail authorities have told him he would be killed and his death shown as suicide," she told the newspaper after handing the families' petition to the rights panel.

Shama and the relatives of Mohammed Irfan, Mohammed Adil and Mohammed Zubair – all Ujjain natives -said all 21 men had been put in solitary confinement and were being denied medical treatment, morning and evening walks, the chance to meet co-prisoners – even enough food.

Farzana, wife of Adil and mother of a 10-year-old son, said the prisoners were being allowed only five-minute meetings with their families, that too in the presence of anti-terrorist squad personnel who deny them any privacy.She said that several of the prisoners, held for years without conviction, had gone into depression.

The families said the ill-treatment had intensified after the alleged "encounter" killing of eight Simi operatives hours after they had broken out of the same jail on October 31 last year.

Relatives of the dead have alleged "cold-blooded murder", prompting chief minister Shivraj Singh Chouhan to order a judicial probe, which raised several questions about the police's version of events. "I'm not allowed to meet my husband for more than five minutes a week, but before last year's encounter we were allowed 20-minute visits. He is being tortured and forced to chant anti-Islamic slogans," Farzana told this newspaper.

"We have written to the chief minister, Prime Minister and senior government officials but nothing has happened." Madhya Pradesh director-general of police Rishiraj Shukla told this newspaper: "We have no knowledge of these allegations. If the National Human Rights Commission asks us, we'll get the necessary probe done."

According to the petition, Mohammed Iqrar, one of the 21 accused, had recently told the trial court through video-conferencing that he was being physically tortured, carried injuries on his head, thighs and hips, had his beard forcibly shaved and had been compelled to chant anti-Islamic slogans.

The petition says the court has not acted on the allegations, and that Iqrar has been threatened with death if he speaks to the magistrate ever again about the jail conditions."There is a common feeling among several of these undertrials that they may be killed by jail authorities. They fear for their lives," the petition says.

Rights commission registrar A.K. Kaul said the panel had "received the complaints of torture and abuses meted out to Simi activists in Bhopal jail", and would soon pass an order.The commission had issued notices to the Madhya Pradesh government after the "encounter" killings that followed the October jailbreak. Nothing much has happened after the state sent its report on the events.

The delegation has demanded a probe and immediately send a team to the jail to meet the suspected Simi activists.
 

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