The sad state of minorities in India

A large number of young Muslims are being victimised by police on the charge of being involved in terrorist acts across the country, according to a public tribunal.

In its report, a people's tribunal on atrocities committed against minorities in the name of fighting terrorism noted that such instances were reported more from Maharashtra, Gujarat, Madhya Pradesh, Andhra Pradesh and Rajasthan.

In most of the cases, the persons picked up are not shown to be arrested by the police until many days after their arrest in gross violation of the law. Their families are also not informed about their arrest.

In many cases, they have been tortured in police custody and made to 'confess' and sign blank papers, the report said, adding that the police has often been humiliating Muslim detenues on the ground of their religion.

The tribunal, comprising retired judges, academicians and media persons, said the testimonies it heard showed widespread communalisation of the police across states in the country.

It also flayed the media for uncritically publicising allegations levelled by the police.

This has resulted in the destruction of the lives and reputations of a large number of persons picked up by the police, who have later been found to be innocent, it added.

The tribunal observed that citizens who are picked up by police officers for interrogation are subject to repeated harassment and torture, and are implicated in false cases even after release or acquittal. They are further subjected to mental and physical torture.

Lamenting on the lack of accountability, the tribunal said unfortunately, the courts are going along with this behaviour of the police and are virtually ignoring allegations of torture in police custody.

Criticising the Human Rights Commission for not standing up against such violations, the jury felt that by and large the complaints were being treated with casual indifference.

"They either do not take up such cases on the ground that they are the subject matter of court proceedings or just ask for a routine police report without getting any independent investigation done on such serious charges of human right violations."

Some of the recommendations put forth by the tribunal are:

• State Human Rights Commission and National Human Rights Commission and State Minority Commission should take up such matters seriously and come to independent finding itself and awarding adequate compensation in suitable Cases.  It should not wait for somebody to approach the commission but should take action Suo-moto. 
• Courts must not routinely grant police or judicial custody, but must examine at that stage whether there is any credible evidence against the accused. The courts should keep in mind that no reliance should be placed on the alleged confession of the accused even for consideration of bail/remand.
• Whenever any person is released by the police for want of evidence against him the courts should award adequate compensation for destruction of his life and reputation. In such cases, the courts should examine if the prosecution was malafide, and if it is so found, the police officials involved must be held accountable and the compensation payable to the victim must be recovered from the officers concerned.
• Independent police complaints authorities must be immediately set up at all levels in line with the Supreme Court's judgment in the Police Reforms case.
• Trial courts be provided with a medical officer, who can immediately examine any accused complaining of torture in police or judicial custody.
• The number of trial courts must be greatly increased to ensure speedy conclusions of Trials. Investigations must also be concluded within the shortest possible time and extensions of time must not be routinely given.
• The police, during interrogation or investigation, cannot get blank papers signed by the accused; Police officers found indulging in such practice must be severely punished.
• Narco analysis is a psychologically and physically third degree method of investigation, which is not even scientifically proven. It must not be allowed on persons, particularly without consent.
• The media, both print as well electronic, should be very careful not to publicise mere allegations or claims of the police, which can irreparably damage reputations of innocent persons without subjecting them to basic scrutiny.
• India must immediately sign the International Criminal Court Treaty, known as the Rome Statute which has been signed by most countries.