The human rights crusader and former SHRC Chairperson believes the commission is competent to safeguard people’s democratic rights

Jawed Khurshid

There is a glut of instances when scores of hardened criminals take advantage of the loopholes in our law to escape punishment. They contort laws, twist facts and manipulate truths to come out from the claustrophobic milieu of prisons.

This has made mockery of our judicial system. According to one estimate over 8000 accused had maneuvered bail since 1996. Among them are rapists, criminals and lumpen section of the society who deserve exemplary punishment. But ironically they are bailed out from the dingy cells of prison houses to the secure warmth of their bedrooms. Still bechara law is helpless; remains mock spectator, as usual. We shout at this but our entire shouts echo back.

It’s not only the shady elements who torment people. Many policemen too recently hogs limelight for all the wrong reasons. They misused their power to accumulate money beyond their known sources of income and even threaten to eliminate them if they protested. They also moonlighted as double agents, supporting one goons against the other, for a price.  They rake in moolahs which was literally unthinkable for hoi polloi.

Justice Anant Mane, former chairperson of the State Human Right Commission and a prolific writer believes economic instability behind all this. ‘All such soul searing incidents are the result of inequity and economic shakiness,’ he reasoned.

Most of the custodial deaths, according to the eminent jurist, occur due to health related problems, like heart diseases, TBs and even HIV. Overcrowding in prison contributes to such illnesses, therefore in majority of cases deaths found to be natural. Very few are torture-related deaths, he contends.

Section 12 of CrPC empowers the commission to enquire into violation of human rights by taking cognizance suo motu. ‘In many cases SHRC took cognizance of the news published in newspapers and render justice to victims. For example, on account of negligence of a police officer the person arrested on false charge escaped and committed suicide by hanging. The commission, after thorough inquiry, found it was the case of police torture and recommended compensation of Rs 50,000,’ justice Mane informed.

Isn’t it a toothless body that can only recommend action? Mane differs, ‘Criticism is based upon the ground that the commission, unlike courts, has no power to impose any penalty or sentence for the wrong committed. But the commission’s power to recommend departmental action against any erring officers or public servants and also to recommend the government in the matter of their policies or reform or implementation thereof is equally important from the point of view of protection and promotion of human rights. The commission has also power to recommend payment by way of immediate interim relief to the victims of human rights.’

He added, ‘Of course, some cases regarding tortures come from prisoners. The commission has come across positive indications about police incarcerating persons on false charges, for causing tortures, etc. It has recommended strict penalization against errant cops.’