CHRI’s ‘Things You Wanted To Ask About the Police But Were Too Afraid To Ask’- 9

Starting October 3, The Morung Express is publishing a series, “101 Things You Wanted To Ask About the Police but Were Too Afraid To Ask,*” an easy guidebook published by the Commonwealth Human Rights Initiative (CHRI) on knowing the police better. The questions 49-54 in the series are given below:   Can the police do anything they want? No. They can only do what is lawful. In fact they are very strictly governed by many rules. These include their own regulations, the procedures laid down by the criminal codes, the orders given by the Supreme Court and the guidelines of the human rights commissions.   But supposing police officers do not obey them? You can complain to his senior or to the magistrate depending on how serious the matter is. It is always better to complain in writing and get a receipt.   What can I complain of? You can complain of any wrong doing by a police officer because he is a public servant bound to do his duty at all times. He cannot neglect his duty or delay doing it.   But suppose the police officer is rude and insulting to me?   Again, you can complain to his senior if it is a matter of breach of duty or discipline. But if it is anything more serious than that, or amounts to a crime, then you can file a complaint against him at a police station or go straight to the local judicial magistrate and file a complaint.   But if I file a complaint with the local police station they may refuse to take it against their own officer? Yes, that does happen too often. But it need not be the end of the matter. You can take a complaint about rude/discourteous behaviour, neglect of duty or abuse of police power to the chief of police. If it amounts to a crime you can take it to the nearest magistrate.   But it is so difficult to take matters to court and it also takes very long!   To make it easier to bring complaints against the police some states have set up a police complaints authority. These are special bodies that only look at complaints about police from the public. In addition, anyone who has a complaint against the police can take it to the many other commissions that have been set up at the national level and in the states.   These include: the National Human Rights Commission and State Human Rights Commissions; the Scheduled Tribes and Schedule Castes Commissions, the National Commission for Women and similar state commissions, and the commission for children. For issues related to corruption there is the Central Bureau of Investigation, the Central Vigilance Commission, Lok Ayuktas and the State Vigilance Departments. These commissions will look into your complaint, make inquiries and according to their powers can direct an FIR to be registered against the policeman or order compensation to be given to the victim.  

(To be contd…) Source: *Written by Navaz Kotwal and Maja Daruwal, the contents of the book are reproduced here with permission. To know more about CHRI visit: http://www.humanrightsinitiative.org