Police Are Also Human Beings

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    S.O.S  e - Clarion  Of Dalit - Weekly   Newspaper   On Web Working For The Rights  & Surial Of The Oppresse! "!itor# N$%$R$$.'.R( )O*.+, issue.(( .,/0,10,+1

    Editorial : Police Constables = Human Beings

    An Appeal to National Human rights Commission and Supreme Court of India

      Police Constables are also Human Beings , one among us who has chosen the job of policing for livelihood. Sincedecades their human rights , constitutional rights are violated , their voices seeking justice are suppressed by superiorpolice ocers. !he Police Constables who tried to organi"e them , who asked for justice were dismissed from policeservice.

    #t has a boomerang e$ect on vulnerable sections of society. !he police constables who work under e%tremepsychological stress , who&s very own rights are violated are prone to committing rights violations of the weakerpeople. !ill we as a society , government , Superior Police 'cers start respecting the human rights of Policeconstables , we can not e%pect police constables to respect human rights of others. #t is simple (ive )espect * !ake)espect.

      Hereby , +e appeal to Honourable ational Human )ights Commission of #ndia and Honourable Supreme Court of#ndia , to register following P#-s and to protect the Human )ights of both Police Constables and the Public alike.

      ai Hind. /ande 0ataram.

     1our&s sincerely ,

    agaraja.0.).

     

    Karnataa: !"""" cops appl# for $harassment lea%e&' ma# go on strie

     !he police personnel are protesting against harassment by senior ocers in the name of discipline.

     2khila 3arnataka Police 0aha Sangha is leading the movement, which will be a major embarrassment to the stategovernment if it is successful. 4)epresentational #mage5

    BEN(A)*+*: #n a 6rst of its kind in the state, police personnel are planning to go on mass leave on une 7, in protest

    against the harassment by senior ocers in the name of discipline, meagre salary, no proper leaves and other issues

    faced on the professional front.

    #t has been learned that more than 89,999 policemen across the state have already applied for :Harassment -eave& on

     une 7. However, police heads of all districts have issued orders to all police station heads directing them not to grant

    leave to any sta$ on that day.

    2khila 3arnataka Police 0aha Sangha is leading the movement, which will be a major embarrassment to the state

    government if it is successful. /. Shashidhar, the ;ounder President of the 'rganisation, told uested me to lead the movement, as there is no proper forum to 6ght for the rights of policemen. !hen #

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    started working towards it and it gained support from thousands of policemen and also various other organisations,?

    Shashidhar said.

    =!here are around @8,999 policemen in the state. #n this, A8,999 sta$ is constabulary, which is the most harassed

    section. ;orget decent salary, they are not even able to spend time with their families. !hey don&t get leaves even

    during emergency situations. ven for small issues, they have to face suspensions in the name of :disciplinary action&.

     !heir working condition is pathetic as they have to work more than 8 hours at a stretch without basic amenities. !his

    is nothing but gross violation of human rights. uests for the last D8EF9 years the governments

    have not done anything to sort out the issues and even courts did not rule in favour of policemen. !hus, they have

    reached threshold and are ready to give a clear message to the government this time,? he said.

    2s it is obvious that the higher ups won&t grant leave on une 7, the policemen have reportedly decided to not turn up

    for work on that day. =However, they won&t come on streets to protest as they belong to disciplinary force. #nstead, we

    are re>uesting their family members to protest on behalf of them. 2lso, various organisations like 3arnataka )akshana

    /edike have supported our cause and will join hands with us,? Shashidhar added.

    PI) , -reat Police Constables Humanel#

    An Appeal to National Human +ights Commission of India and Supreme Court of India

    # !H SGP)0 C'G)! '; #

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    (overnment has enacted laws enforcing e>ual pay for e>ual work , earned leave for D9 working days , ma%imumof @ working hours , one paid weekly o$ after 7@ working hours or A days , for all private * public sector employees. #ncase of urgency over time work can be allotted to worker with his willingness 4 not forced 5 at the rate of doublewages. ;or violation of these laws , labor department ocials will prosecute guilty company e%ecutives.

    Since decades , police constables are not paid e>ual wages in comparison to their counterparts in other states andwith people of their own rank like teachers , electric line mans , etc in our state itself. veryday they are forced towork beyond @ hours without any additional wages. -eaves are not sanctioned. !hey are addressed by 6rst name invulgar language by superior ocers and forced to do menial jobs by superior ocers which are not part of policemanual or service rules. !hose who refuse to do it are dismissed by superior ocers citing indiscipline.

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     j. !o order state government to constitute district committees comprising of district head of police , doctor ,psychiatrist , behavior specialist and human rights e%pert , providing a forum for victimi"ed police constables to airtheir grievances and in turn getting counseling , grievance redress. !his will go a long way in controlling F rd degreetorture of innocents by police , lock up deaths also.

    ;') +H#CH 2C! '; 3#

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    #f the ocer * his family members are su$ering from P2)2-1S#S or any other health problems which makes themunable to perform their own work , then they can appoint private persons by paying from their personal pockets.

    D. Muestion4s5 of -awL

    #s it right for senior government ocials to force 4 under threat 5 their subordinate ocials to do ocer&s  personal , private work N

    F. (roundsL)e>uests for e>uitable justice , protection of constitutional rights , human rights of police constables , dalayaths ,

    peons and Prosecution of guilty judges , police ocers , #2S ocers , ministers.

    7. 2vermentL

    Please read following cases at website mentioned below L

    httpLOOwww.livelaw.inOtamilEnaduEjudgeEservesEmemoEfemaleEcourtEsta$EnotEwashingEinnerwearO  ,

    httpLOOwww.deccanherald.comOcontentO887OtheseEcopsEmuchEabusedEbosses.html  ,

    Hereby , # do re>uest the honorable supreme court of #ndia to consider this as a P#- for L =writ of 0andamus? and toissue instructions to the concerned public servants in the following cases to perform their duties , to respect the rights

    of police constables , dalayaths , peons. !o assign proper ocial duties to police constables , dalayaths * peons.

     !hat the present petitioner has not 6led any other petition 4which are admitted by courts5 in any High Court or theSupreme Court of #ndia on the subject matter of the present petition.

    P)21)L#n the above premises, it is prayed that this HonKble Court may be pleasedL

    a . Hereby , # do re>uest the honorable supreme court of #ndia to consider this as a P#- for L =writ of 0andamus? and toissue instructions to the concerned public servants in the present case , to perform their duties.b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances ofthe case.

    c. !o legally prosecute guilty judges , police ocers , #2S ocers , ministers and their family members who are illtreating 4 under threat 5 police constables , dalayaths , peons.

    d. !o immediately ban colonial era system of providing orderlies to senior government ocials.

    ;') +H#CH 2C! '; 3#

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    however, is that many of the ocers engaged in immoral or unethical behavior previously demonstrated good servicerecords, absent any of the =evil? typically associated with corruption or abuse.

    +hile it is probably true that at least some of the ocers who engage in illicit activities managed somehow to slipthrough the cracks in the hiring process and simply continued their unethical ways, this account fails to e%plain howotherwise good ocers become involved in misconduct. !he purpose of this article is to familiari"e law enforcementmanagers and supervisors with the cognitive rationali"ations that can contribute to unethical behavior. !he article alsoo$ers strategies and suggestions intended to mitigate misconduct, before it actually occurs, by developing a culture of ethics.

    5oral +esponsibilit# and 0isengagement

    0ost law enforcement professionals are, at their core, good, ethical, and caring people. uences of

    those behaviorsRor by adjusting their activities, attitudes, or beliefs in ways that are consistent with their values andselfEimage. (enerally speaking, an ocer will modify the cognition that is least resistant to change, which, in mostcases, tends to be the ocer&s attitudes, not behaviors.

    'ne of the simplest ways that ocers can reduce the psychological discomfort that accompanies misconduct is tocognitively restructure unethical behaviors in ways that make them seem personally and socially acceptable, therebyallowing ocers to behave immorally while preserving their selfEimage as ethically good people. !he following is apartial list of common rationali"ations that ocers can use to neutrali"e or e%cuse unethical conductL8

     !able L )ationali"ing 0isconduct

    Strategy

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    0enial of in3ur#6 Gsing this form of rationali"ation, ocers persuade themselves that because nobody was actuallyhurt by their actions, their behavior was not really immoral. !his e%planation is especially common in cases involvingdrugs, stolen property, or large amounts of untraceable cash where it can be dicult, if not impossible, to identify aninjured party. 'cers who use this tactic may further neutrali"e their deviant conduct by comparing it to the harmbeing done by the drug dealer from whom the money was stolen.

    Ad%antageous comparisons6 'cers who depend on this e%planation rely on selective social comparisons to defendtheir conduct. 'cers who falsify a police report to convict a suspected drug dealer, for e%ample, might defend theiractions by minimi"ing their participation or the fre>uency of their unethical behavior, while at the same time vilifying acoworker as someone who =lies all the time on reports.? #n comparison to an ocer who routinely falsi6es reports, the6rst ocer&s conduct can seem less egregious.

    Higher cause6 'cers who practice this type of cognitive restructuring argue that sometimes, it may be necessary tobreak certain rules to serve a higher calling or to achieve a more important goal. 2n ocer who conducts an unlawfulsearch to uncover evidence against a suspected pedophile might reason that the nature of the crime justi6es breakingthe rules. =!he ends justify the means,? ocers might assertRsuggesting that they did what was necessary,regardless of the legality or morality of their conduct, to put a dangerous criminal behind bars. !his form ofrationali"ation can be especially disturbing because it goes beyond merely e%cusing or justifying deviant behavior tothe point of actually glorifying certain forms of wrongdoing in the name of =justice? or =the greater good.?

    Blame the %ictim6 2n ocer who uses this form of justi6cation blames the victim for any misconduct or abuse. #f, forinstance, ocers use unreasonable force on a suspected drug dealer, they can simply argue that the victim brought onthis su$ering by violating the law. =#f the dealer doesn&t want to get beat up, the dealer should obey the law,? theocer might reason. =#&m not using force on lawEabiding citi"ens, only on drug dealersT they give up their rights whenthey break the rules.? By assigning blame to the victim, the ocer not only 6nds a way to e%cuse any wrongdoing, but

    also a way to feel sanctimonious about doing so.

    0ehumani;ation6 !he amount of guilt or shame ocers feel for behaving unethically depends, at least in part, onhow they regard the person being abused. !o avoid the feelings of selfEcensorship or guilt that often accompanymisconduct, ocers can employ euphemistic language to strip victims of their humanity. Gsing terms like =dirtbag? todescribe law violators has the e$ect of dehumani"ing intended targets, generally making it easier for ocers to justify,ignore, or minimi"e the harmful e$ects of their actions, while at the same time reducing their personal responsibilityfor behaving in ways that they know are wrong.

    0iuisite moral motivation to take actionT and demonstrate thecharacter necessary to follow through with his decision. !o further complicate matters, even the best of intentions can

    http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=2290&issue_id=12011#6http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=2290&issue_id=12011#7http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=2290&issue_id=12011#8http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=2290&issue_id=12011#9http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=2290&issue_id=12011#6http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=2290&issue_id=12011#7http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=2290&issue_id=12011#8http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=2290&issue_id=12011#9

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    be thwarted by peer pressure or fear of retaliation. ;or e%ample, the D99F ational Business thics Survey found thatappro%imately 79 percent of those surveyed would not report misconduct if they observed it because of fear of reprisalfrom management.9

     !his cloud does, however, contain a silver lining. )esearch has demonstrated that ethics education can assist ocersin better navigating moral challenges by increasing ethical awareness and moral reasoningRtwo critical aspects ofethical decision making. However, conducting meaningful ethics education re>uires more than lengthy philosophicallectures on the importance of character. )ather, instructors should focus on facilitating a dialogue that challengesocers on key moral issues and assumptionsT tests their reasoning and decisionEmaking skillsT and allows them toshare their e%periences in a safe, supportive environment.D

    ;or ethics education to be truly e$ective, organi"ations must make moral discussions a regular part of the agency&straining program. #n the same way that ocers routinely train in defensive tactics, 6rearms, and law to better primethem for 6eld duties, ocers should prepare e>ually well for any ethical issues they might encounter.F Supervisors canstimulate ethical discussions with a video documentary, news clip, or 6ctional story. )egardless of the stimulus,however, the more fre>uently ocers discuss ethics, the better able they will be to recogni"e a moral dilemma, makethe appropriate ethical decision, and demonstrate the moral courage necessary to behave honorably.

    e%t, law enforcement agencies must establish a clear code of ethical conduct, including a set of core values andmission statement. 0erely establishing a code of ethical conduct is not enough, howeverT the department&s topmanagement must lead by e%ample. #t is important to remember that a code of conduct applies e>ually to employeesat all levels of an organi"ation.7 2s most leaders can con6rm from e%perience, ocers can be surprisingly >uick topoint out any inconsistencies between the organi"ation&s stated values and the conduct of senior management. #fleaders e%pect ocers to behave ethically, leaders must model the way.

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    Part I

    Article . ;or the purposes of this Convention, torture means any act by which severe pain or su$ering, whether physical

    or mental, is intentionally inUicted on a person for such purposes as obtaining from him or a third personinformation or a confession, punishing him for an act he or a third person has committed or is suspected ofhaving committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or su$ering is inUicted by or at the instigation of or with the consent or ac>uiescenceof a public ocial or other person acting in an ocial capacity. #t does not include pain or su$ering arising onlyfrom, inherent in or incidental to lawful sanctions.

    D. !his article is without prejudice to any international instrument or national legislation which does or may contain

    provisions of wider application.

    Article >. ach State Party shall take e$ective legislative, administrative, judicial or other measures to prevent acts of

    torture in any territory under its jurisdiction.D. o e%ceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability

    or any other public emergency, may be invoked as a justi6cation of torture.F. 2n order from a superior ocer or a public authority may not be invoked as a justi6cation of torture.

    Article ?. o State Party shall e%pel, return 4XrefoulerX5 or e%tradite a person to another State where there are substantial

    grounds for believing that he would be in danger of being subjected to torture.D. ;or the purpose of determining whether there are such grounds, the competent authorities shall take into

    account all relevant considerations including, where applicable, the e%istence in the State concerned of a

    consistent pattern of gross, Uagrant or mass violations of human rights.

    Article @. ach State Party shall ensure that all acts of torture are o$ences under its criminal law. !he same shall apply to

    an attempt to commit torture and to an act by any person which constitutes complicity or participation intorture.

    D. ach State Party shall make these o$ences punishable by appropriate penalties which take into account theirgrave nature.

    Article !. ach State Party shall take such measures as may be necessary to establish its jurisdiction over the o$ences

    referred to in article 7 in the following casesL. +hen the o$ences are committed in any territory under its jurisdiction or on board a ship or aircraft

    registered in that StateTD. +hen the alleged o$ender is a national of that StateTF. +hen the victim was a national of that State if that State considers it appropriate.

    D. ach State Party shall likewise take such measures as may be necessary to establish its jurisdiction over sucho$ences in cases where the alleged o$ender is present in any territory under its jurisdiction and it does note%tradite him pursuant to article @ to any of the States mentioned in Paragraph of this article.

    F. !his Convention does not e%clude any criminal jurisdiction e%ercised in accordance with internal law.

    Article . Gpon being satis6ed, after an e%amination of information available to it, that the circumstances so warrant, any

    State Party in whose territory a person alleged to have committed any o$ence referred to in article 7 is present,shall take him into custody or take other legal measures to ensure his presence. !he custody and other legalmeasures shall be as provided in the law of that State but may be continued only for such time as is necessaryto enable any criminal or e%tradition proceedings to be instituted.

    D. Such State shall immediately make a preliminary in>uiry into the facts.F. 2ny person in custody pursuant to paragraph of this article shall be assisted in communicating immediately

    with the nearest appropriate representative of the State of which he is a national, or, if he is a stateless person,to the representative of the State where he usually resides.

    7. +hen a State, pursuant to this article, has taken a person into custody, it shall immediately notify the Statesreferred to in article 8, paragraph , of the fact that such person is in custody and of the circumstances whichwarrant his detention. !he State which makes the preliminary in>uiry contemplated in paragraph D of this articleshall promptly report its 6ndings to the said State and shall indicate whether it intends to e%ercise jurisdiction.

    Article . !he State Party in territory under whose jurisdiction a person alleged to have committed any o$ence referred to

    in article 7 is found, shall in the cases contemplated in article 8, if it does not e%tradite him, submit the case toits competent authorities for the purpose of prosecution.

    D. !hese authorities shall take their decision in the same manner as in the case of any ordinary o$ence of a seriousnature under the law of that State. #n the cases referred to in article 8, paragraph D, the standards of evidencere>uired for prosecution and conviction shall in no way be less stringent than those which apply in the cases

    referred to in article 8, paragraph .F. 2ny person regarding whom proceedings are brought in connection with any of the o$ences referred to in article

    7 shall be guaranteed fair treatment at all stages of the proceedings.

    Article . !he o$ences referred to in article 7 shall be deemed to be included as e%traditable o$ences in any e%tradition

    treaty e%isting between States Parties. States Parties undertake to include such o$ences as e%traditable o$encesin every e%tradition treaty to be concluded between them.

    D. #f a State Party which makes e%tradition conditional on the e%istence of a treaty receives a re>uest for e%traditionfrom another State Party with which it has no e%tradition treaty, it may consider this Convention as the legalbasis for e%tradition in respect of such o$enses. %tradition shall be subject to the other conditions provided bythe law of the re>uested State.

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    F. States Parties which do not make e%tradition conditional on the e%istence of a treaty shall recogni"e sucho$ences as e%traditable o$ences between themselves subject to the conditions provided by the law of there>uested state.

    7. Such o$ences shall be treated, for the purpose of e%tradition between States Parties, as if they had beencommitted not only in the place in which they occurred but also in the territories of the States re>uired toestablish their jurisdiction in accordance with article 8, paragraph .

    Article D. States Parties shall a$ord one another the greatest measure of assistance in connection with civil proceedings

    brought in respect of any of the o$ences referred to in article 7, including the supply of all evidence at theirdisposal necessary for the proceedings.

    D. States Parties shall carry out their obligations under paragraph of this article in conformity with any treaties onmutual judicial assistance that may e%ist between them.

    Article ". ach State Party shall ensure that education and information regarding the prohibition against torture are fully

    included in the training of law enforcement personnel, civil or military, medical personnel, public ocials andother persons who may be involved in the custody, interrogation or treatment of any individual subjected to anyform of arrest, detention or imprisonment.

    D. ach State Party shall include this prohibition in the rules or instructions issued in regard to the duties andfunctions of any such persons.

    Article ach State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well asarrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in

    any territory under its jurisdiction, with a view to preventing any cases of torture.

    Article >ach State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, whereverthere is reasonable ground to believe that an act of torture has been committee in any territory under its jurisdiction.

    Article ?ach State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its

     jurisdiction has the right to complain to and to have his case promptly and impartially e%amined its competentauthorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all illEtreatment orintimidation as a conse>uence of his complaint or any evidence given.

    Article @. ach State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an

    enforceable right to fair and ade>uate compensation including the means for as full rehabilitation as possible. #n

    the event of the death of the victim as a result of an act of torture, his dependents shall be entitled tocompensation.

    D. othing in this article shall a$ect any right of the victim or other person to compensation which may e%ist undernational law.

    Article !ach State Party shall ensure that any statement which is established to have been made as a result of torture shallnot be invoked as evidence in any proceedings, e%cept against a person accused of torture as evidence that thestatement was made.

    Article . ach State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or

    degrading treatment or punishment which do not amount to torture as de6ned in article , when such acts arecommitted by or at the instigation of or with the consent or ac>uiescence of a public ocial or other personacting in an ocial capacity. #n particular, the obligations contained in articles 9, , D and F shall apply withthe substitution for references to torture or references to other forms of cruel, inhuman or degrading treatmentor punishment.

    D. !he provisions of this Convention are without prejudice to the provisions of any other international instrument ornational law which prohibit cruel, inhuman or degrading treatment or punishment or which relate to e%traditionor e%pulsion.

    Article . !here shall be established a Committee against !orture 4hereinafter referred to as the Committee5 which shall

    carry out the functions hereinafter provided. !he Committee shall consist of 9 e%perts of high moral standingand recogni"ed competence in the 6eld of human rights, who shall serve in their personal capacity. !he e%pertsshall be elected by the States Parties, consideration being given to e>uitable geographical distribution and to theusefulness of the participation of some persons having legal e%perience.

    D. !he members of the Committee shall be elected by secret ballot from a list of persons nominated by StatesParties. ach State Party may nominate one person from among its own nationals. States Parties shall bear inmind the usefulness of nominating persons who are also members of the Human )ights Committee establishedunder the #nternational Covenant on Civil and Political )ights and are willing to serve on the Committee against

     !orture.F. lections of the members of the Committee shall be held at biennial meetings of States Parties convened by the

    SecretaryE(eneral of the Gnited ations. 2t those meetings, for which two thirds of the States Parties shallconstitute a >uorum, the persons elected to the Committee shall be those who obtain the largest number ofvotes and an absolute majority of the votes of the representatives of States Parties present and voting.

    7. !he initial election shall be held no later than si% months after the date of the entry into force of this Convention.2t least four months before the date of each election, the SecretaryE(eneral of the Gnited ations shall addressa letter to the States Parties inviting them to submit their nominations within three months. !he SecretaryE(eneral shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Partieswhich have nominated them, and shall submit it to the States Parties.

    8. !he members of the Committee shall be elected for a term of four years. !hey shall be eligible for reEelection ifrenominated. However, the term of 6ve of the members elected at the 6rst election shall e%pire at the end of two

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    yearsT immediately after the 6rst election the names of these 6ve members shall be chosen by lot by thechairman of the meeting referred to in paragraph F.

    A. #f a member of the Committee dies or resigns or for any other cause can no longer perform his Committeeduties, the State Party which nominated him shall appoint another e%pert from among its nationals to serve forthe remainder of his term, subject to the approval of the majority of the States Parties. !he approval shall beconsidered given unless half or more of the States Parties respond negatively within si% weeks after having beeninformed by the SecretaryE(eneral of the Gnited ations of the proposed appointment.

    I. States Parties shall be responsible for the e%penses of the members of the Committee while they are inperformance of Committee duties.

    Article

    . !he Committee shall elect its ocers for a term of two years. !hey may be reEelected.D. !he Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that

    . Si% members shall constitute a >uorumTD. uest.

    D. !he SecretaryE(eneral shall transmit the reports to all States Parties.F. Yach report shall be considered by the Committee which may make such comments or suggestions on the

    report as it considers appropriate, and shall forward these to the State Party concerned. !hat State Party mayrespond with any observations it chooses to the Committee.

    7. !he Committee may, at its discretion, decide to include any comments or suggestions made by it in accordancewith paragraph F, together with the observations thereon received from the State Party concerned, in its annualreport made in accordance with article D7. #f so re>uested by the State Party concerned, the Committee mayalso include a copy of the report submitted under paragraph .Z

    Article >"

    . #f the Committee receives reliable information which appears to it to contain wellEfounded indications that tortureis being systematically practised in the territory of a State Party, the Committee shall invite that State Party tocoEoperate in the e%amination of the information and to this end to submit observations with regard to theinformation concerned.

    D. !aking into account any observations which may have been submitted by the State Party concerned as well asany other relevant information available to it, the Committee may, if it decides that this is warranted, designateone or more of its members to make a con6dential in>uiry and to report to the Committee urgently.

    F. #f an in>uiry is made in accordance with paragraph D, the Committee shall seek the coEoperation of the StateParty concerned. #n agreement with that State Party, such an in>uiry may include a visit to its territory.

    7. 2fter e%amining the 6ndings of its member or members submitted in accordance with paragraph D, theCommittee shall transmit these 6ndings to the State Party concerned together with any comments orsuggestions which seem appropriate in view of the situation.

    8. 2ll the proceedings of the Committee referred to in paragraphs to 7 of this article shall be con6dential, and atall stages of the proceedings the coEoperation of the State Party shall be sought. 2fter such proceedings have

    been completed with regard to an in>uiry made in accordance with paragraph D, the Committee may, afterconsultations with the State Party concerned, decide to include a summary account of the results of theproceedings in its annual report made in accordance with article D7.

    Article >. 2 State Party to this Convention may at any time declare under this article F that it recogni"es the competence

    of the Committee to receive and consider communications to the e$ect that a State Party claims that anotherState Party is not ful6lling its obligations under this Convention. Such communications may be received andconsidered according to the procedures laid down in this article only if submitted by a State Party which hasmade a declaration recogni"ing in regard to itself the competence of the Committee. o communication shall bedealt with by the Committee under this article if it concerns a State Party which has not made such adeclaration. Communications received under this article shall be dealt with in accordance with the followingprocedureL

    . #f a State Party considers that another State Party is not giving e$ect to the provisions of this Convention, itmay, by written communication, bring the matter to the attention of that State Party. +ithin three monthsafter the receipt of the communication the receiving State shall a$ord the State which sent thecommunication an e%planation or any other statement in writing clarifying the matter which shouldinclude, to the e%tent possible and pertinent, references to domestic procedures and remedies taken,pending, or available in the matter.

    D. #f the matter is not adjusted to the satisfaction of both States Parties concerned within si% months after thereceipt by the receiving State of the initial communication, either State shall have the right to refer thematter to the Committee by notice given to the Committee and to the other State.

    F. !he Committee shall deal with a matter referred to it under this article only after it has ascertained that alldomestic remedies have been invoked and e%hausted in the matter, in conformity with the generallyrecogni"ed principles of international law. !his shall not be the rule where the application of the remediesis unreasonably prolonged or is unlikely to bring e$ective relief to the person who is the victim of theviolation of this Convention.

    7. !he Committee shall hold closed meetings when e%amining communications under this article.

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    8. Subject to the provisions of subparagraph 4c5, the Committee shall make available its good oces to theStates Parties concerned with a view to a friendly solution of the matter on the basis of respect for theobligations provided for in the present Convention. ;or this purpose, the Committee may, whenappropriate, set up an ad hoc conciliation commission.

    A. #n any matter referred to it under this article, the Committee may call upon the States Parties concerned,referred to in subparagraph 4b5, to supply any relevant information.

    I. !he States Parties concerned, referred to in subparagraph 4b5, shall have the right to be represented whenthe matter is being considered by the Committee and to make submissions orally andOor in writing.

    @. !he Committee shall, within D months after the date of receipt of notice under subparagraph 4b5, submit areport.

    . #f a solution within the terms of subparagraph 4e5 is reached, the Committee shall con6ne its report

    to a brief statement of the facts and of the solution reached.D. #f a solution within the terms of subparagraph 4e5 is not reached, the Committee shall con6ne its

    report to a brief statement of the factsT the written submissions and record of the oral submissionsmade by the States Parties concerned shall be attached to the report.

    #n every matter, the report shall be communicated to the States Parties concerned.

    D. !he provisions of this article shall come into force when 6ve States Parties to this Convention have madedeclarations under paragraph of this article. Such declarations shall be deposited by the States Parties with theSecretaryE(eneral of the Gnited ations, who shall transmit copies thereof to the other States Parties. 2declaration may be withdrawn at any time by noti6cation to the SecretaryE(eneral. Such a withdrawal shall notprejudice the consideration of any matter which is the subject of a communication already transmitted under thisarticleT no further communication by any State Party shall be received under this article after the noti6cation ofwithdrawal of the declaration has been received by the SecretaryE(eneral, unless the State Party concerned has

    made a new declaration.

    Article >>. 2 State Party to this Convention may at any time declare under this article that it recogni"es the competence of

    the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdictionwho claim to be victims of a violation by a State Party of the provisions of the Convention. o communicationshall be received by the Committee if it concerns a State Party to the Convention which has not made such adeclaration.

    D. !he Committee shall consider inadmissible any communication under this article which is anonymous, or which itconsiders to be an abuse of the right of submission of such communications or to be incompatible with theprovisions of this Convention.

    F. Subject to the provisions of paragraph D, the Committee shall bring any communication submitted to it underthis article to the attention of the State Party to this Convention which has made a declaration under paragraph and is alleged to be violating any provisions of the Convention. +ithin si% months, the receiving State shall

    submit to the Committee written e%planations or statements clarifying the matter and the remedy, if any, thatmay have been taken by that State.7. !he Committee shall consider communications received under this article in the light of all information made

    available to it by or on behalf of the individual and by the State Party concerned.8. !he Committee shall not consider any communication from an individual under this article unless it has

    ascertained thatL. !he same matter has not been, and is not being e%amined under another procedure of international

    investigation or settlementTD. !he individual has e%hausted all available domestic remediesT this shall not be the rule where the

    application of the remedies is unreasonably prolonged or is unlikely to bring e$ective relief to the personwho is the victim of the violation of this Convention.

    A. !he Committee shall hold closed meetings when e%amining communications under this article.I. !he Committee shall forward its views to the State Party concerned and to the individual.@. !he provisions of this article shall come into force when 6ve States Parties to this Convention have made

    declarations under paragraph of this article. Such declarations shall be deposited by the States Parties with theSecretaryE(eneral of the Gnited ations, who shall transmit parties thereof to the other States Parties. 2declaration may be withdrawn at any time by noti6cation to the SecretaryE(eneral. Such a withdrawal shall notprejudice the consideration of any matter which is the subject of a communication already transmitted under thisarticleT no further communication by or on behalf of an individual shall be received under this article after thenoti6cation of withdrawal of the declaration has been received by the SecretaryE(eneral, unless the State Partyconcerned has made a new declaration.

    Article >? !he members of the Committee, and of the ad hoc conciliation commissions which may be appointed under article D,paragraph 4e5, shall be entitled to the facilities, privileges and immunities of e%perts on missions for the Gnitedations as laid down in the relevant sections of the Convention on the Privileges and #mmunities of the Gnited ations.

    Article >@ !he Committee shall submit an annual report on its activities under this Convention to the States Parties and to the

    (eneral 2ssembly of the Gnited ations.

    Part III

    Article >!. !his Convention is open for signature by all States.D. !his Convention is subject to rati6cation. #nstruments of rati6cation shall be deposited with the SecretaryE

    (eneral of the Gnited ations.

    Article > !his Convention is open to accession by all States. 2ccession shall be e$ected by the deposit of an instrument ofaccession with the SecretaryE(eneral of the Gnited ations.

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    2(2)22 . 0.)

    editor S'S e Clarion of

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    2ll #ndian citi"ens are guaranteed with fundamental rights of life , liberty , health , safety , e>uitable justice underconstitution of india.

    2ll #ndian citi"ens are guaranteed with human rights of life , liberty , health , safety , e>uitable justice underconstitution of india as india is also a signatory of G Human )ights Charter.

    2ll Human Beings are guaranteed with human rights of life , liberty , health , safety , e>uitable justice by virtueof their birth itself irrespective of any constitutional bodies or statutory bodies.

    )e>uests for e>uitable justice , Prosecution of corrupt public servants , corrupt doctors , corrupt judges , corrupt police.

    )e>uest for supreme court orders to doctors , judges * police to perform their duties properly.

    7. 2vermentL

    Hereby , # do re>uest the honorable supreme court of #ndia to consider this as a P#- for L =writ of 0andamus? and toissue instructions to the concerned public servants in the following cases to perform their duties * to answer the>uestions.

    P)21)L#n the above premises, it is prayed that this HonKble Court may be pleasedL

    a . Hereby , # do re>uest the honorable supreme court of #ndia to consider this as a P#- for L =writ of 0andamus? and toissue instructions to the concerned public servants in the following cases to perform their duties * to answer the>uestions.

    b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances ofthe case.

    c. to constitute impartial statutory investigation committee comprising ('s , press , police * judiciary at taluklevels to investigate cases of Frd degree torture by law enforcement agencies . ssentially these committees mustinclude a member from victim&s side during investigation * prosecution. !he state government must bear the cost of  it&s functioning including transportation , food , remuneration at actual rate.

    d. #n the cases of Frd

     degree torture , fake encounters , there must be provision for Dnd

     , Frd

      medical e%amination ,medical opinion by doctors appointed by investigation committee.

    e. when government doctors are caught giving false post mortem reports , false medical opinions they must bedismissed from service and legally prosecuted for abetting torture , attempt to murder or murder as the case maybe.

    f. when police , jail sta$ or law enforcing personnel are caught for physically * mentally torturing a human being ,an under trial or convict they must be dismissed from service and legally prosecuted for abetting torture , attemptto murder or murder as the case may be.

    g. when a judge is caught for giving biased judicial order without e%amining the veracity of evidences , statements ,reports given by police , law enforcement personnel , doctors , when a judge bases his judicial orders on forcedconfessions taken from under trials , convicts by Frd degree torture methods , those judges must be dismissed from

    service and legally prosecuted for abetting torture , attempt to murder or murder as the case may be.

    h. when a judge fails to protect life , health , safety of a prisoner , whether under trial or convict , those judges mustbe dismissed from service and legally prosecuted for abetting torture , attempt to murder or murder as the case maybe.

    # . as Frd degree torture , fake encounters are pre meditated , cold blooded murders , heinous crimes , they are rarest of rare cases and judges , police , law enforcement ocials , doctors abetting , e%ecuting Frddegree torture , fakeencounters must be hanged till death. !hey are worse than 32S2B.

     j. the state government must give government job to one from victim&s family and must pay compensation at actual living cost levels to that family .

    k. the government must recover that compensation cost from salary , pension , properties of guilty judges , police ,etc as land arrears.

    l. to legally prosecute under murder charges S!; police , forest ocials who were responsible for Frd degree torture ,encounter deaths of tribals in 00 Hills , 3arnataka during operation nab veerappan.

    m. to legally prosecute under murder charges judges who failed to protect the lives of under trials , convicts inoperation nab veerappan.

    n. to legally prosecute under murder charges government doctors who gave false post mortem reports , falsemedical opinions about fake encounters , Frd degree torture of tribals in operation nab veerappan.

    o . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances ofthe case.

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    ;') +H#CH 2C! '; 3#