Tuesday, October 18, 2011

Re: [rti_india] Re: Attack on Advocate Prashant Bhushan must be squarely and unequivocally condemned, without using any diluting ‘if’ or ‘but’

 

Dear All:
 
I really agree with Mr Behera's comments below; His statement also reflects the position as it is under our law. Banning is an extreme step and can, if  done without transparency or the use of well known criteria, curb the freedom to associate and free speech guarantees. Wherever it has been done this way it has led to slave and unfree societies. The criminal law has plenty of provisions that allow for dealing proportionately with assault and battery as well as for dealing with excesses in speech and association for furthering illegal aims.
 
 The baseline problem for us all is that the police cannot be relied on to do their duty to protect. Until police reforms take place these attacks, crime and the general law and order situation will deteriorate. We must look at, and strongly advocate for, reforms of the police and the judicial system. But the system consists of so many parts that there is  wisdom in getting together to focus on parts of the criminal justice system bit by bit so that we do not choke in trying to swallow the whole agenda. The push for reforms in one segment - say the police or the lower judiciary - will have a knock on effect and will most certainly create the right kind of tensions that will eventually move a creaking machine that is too comfortable in its presentl state of statis. It has learned to make 'accommodations' with itself and this situation has to be broken.
 
A democratic country cannot have colonial-cum-feudal policing. Today we have the latter. It is much worse today than ever before.
Before you can have change you have to have a vision of the kind of policing you want; then the law and polcies must be in place to ensure that the design is right; the blue print must be supported by mechanisms within the police that ensure effective implementation and operationalisation of the vision and finally there must be an architecture of accountability which oversees the police to see that they do not step outside the law and their mandate - and most importantly - their day to day function is satisfactory and improving all the time.  
 
Democratic policing requires us to have a police which is not a 'force' but is a 'service'. The policeman must be nothing more than a citizen in uniform whose duty is not to 'enforce' the law alone, but to 'uphold' the law. The over arching aim of all policing must be ensuring the safety and security of all. This includes  the prevention and detection of crime, the maintainance of law and order, the protection of life and property but even more importantly - and this is forgotten by most or thought of as a surprise - policing must create an environment within which individuals and collectives can enjoy the fullest realisation of their human rights. All policing must be judged by the ability of the police establishment' to fulfill this foundational aim.
 
Better polciing is a national security priority right up there with having a great army. It is an essential ingredient in the recipe for peace. Presently bad policing - vicious, unaccountable and armed with too many immunities -  is a strong contributor to conflict in the North East, in the Naxal areas, in J and K and between religious and caste groups. If even handed justice for all at the hands of the police were assured much of this would die down.
 
The systemic reform of the police has been successfully done in many jurisdictions. It has taken sometimes as little as 5 years to turn the police round as in HK and much longer in other places. But even in very polarised jurisdictions where years of sectarian violence had created huge deposits of mistrust like Northern Ireland the police could turn around in a relatively short period of time because there was the political will to do so. 
 
In India between the National Police Commission Reports and the relatively recent Supreme Court directions given to Centre and State in the 2006  Prakash Singh case the blue print of police reform is available. Not only available but legally mandated by the Court's direction. But in 2011 not a single state and certainly not the Centre has done very much to obey the Court's directions. Some have complied partially, some have pretended to be compliant but subtally finessed their way out of making changes, others have simply ignored the Court and yet others have  legislated themselves completely out of the scheme set out by the Court. The courts 6 directions laid down a package of things to be done which if done together with some honesty would have righted the police in many ways. But there is huge resistance from all quarters.
 
The police would like to have more freedom from illegitimate political interference but don't want too much accountability. The politicians don't want to stick to laying down the policy and watching performance. The Rather they want to retain control over the management of transfers and postings and have a hand in recruitment. The IAS want to retain the upperhand over the police and raise the bogey of a force that is already hard to control and would if given any more leeway, run amok. Caught in the cross hairs of all this the public fearful of crime, militancy and fear of terrorims too is ambiguous about whether it wants 'tough' policing or not. 'Tough' policing is a polite and damaging way of saying 'illegal and unaccountable policing' and the sooner we realise that this can bite your rights and your family as hard as it can bite less fortunate others the better. In totality today we have created and retain a police that is biased and not fit for purpose. We must have the courage and initiative to call for change and be part of it.
 
sincerely,
Maja Daruwala
 
 
 
 
 


 
On 18 October 2011 07:03, captainjohannsamuhanand <captainjohann@airtelmail.in> wrote:
 

Hi all,
As Prashant Bhushan has asked for banning the Ram sene which attacked him, why not ban the naxalites who kill innocents, ban those parties which support violence like MNS, Shiv sena,all those Khalistan forces, Muslim wahabi fundamentalism forces etc which support violence. Freedom of speech is to be for all and not selective.

--- In rti_india@yahoogroups.com, Chitta Behera <chittabehera1@...> wrote:
>
> Attack
> on Advocate Prashant Bhushan must be squarely and unequivocally condemned,
> without using any diluting ‘if’ or ‘but’
>
> (Download Oriya article from http://www.box.net/shared/l13nrptros3lpb8vr0tv)
>
> Though
> most of parties, civil society groups and rights activists have condemned the
> brutal attack on senior advocate Prashant Bhushan, an overwhelming majority of
> them including Congress at one extreme and RSS at another have carefully chosen
> to dilute the tenor of their condemnation by adding an uncalled-for qualifying proviso
> to their respective statements. The said proviso, though differently worded by
> different groups, says that Mr.Prashant Bhushan shouldn’t have spoken on the
> Kashmir issue the way he did a few days prior to the tragic incident. It was
> disturbing to notice that such commentators were overly concerned with the
> Kashmir issue at the moment, and not with the dirty violence perpetrated on
> Prashant Bhushan in his chamber in the premises of Supreme Court. It seemed, as
> if a plebiscite was being undertaken right under their nose in mainland India
> at that point of time and each of them asked to convey their opinion in the
> public domain for solving the much tangled Kashmir issue once and for all. On
> another plane it appeared as if Mr.Prashant Bhushan being the President or
> Prime Minister of India issued some unacceptable statement which if not shouted
> down instantly would plunge the whole nation into an irretrievable loss or
> ignominy. As a matter of fact, nothing of the sort happened. Mr.Bhushan in
> capacity of a citizen of India expressed certain views on Kashmir, which may
> not be acceptable to the Government, most political parties or quite many social
> outfits. But as guaranteed by his fundamental right to freedom of speech and
> expression under Article 19(1) of the Constitution, Mr.Bhushan or for that
> matter any citizen of the country is absolutely entitled to air his/her views on
> any matter if not explicitly subject to reasonable restrictions on the exercise
> of the said right to freedom as may be required under Article 19 (2) of the
> Constitution. Has the Government, legislature or judiciary of the country ever
> imposed any such restriction on the citizens’ freedom of expression in respect
> of Kashmir issue? To our knowledge no and never ever. Then, the moot question arises,
> as the moment for squarely condemning a physical attack on a citizen’s freedom
> of expression comes, why should one dilute his/her statement of condemnation by
> issuing an uncalled-for sermon as to what the victim shouldn’t have said while
> exercising the freedom of expression? The real point at issue was whether the violent
> attack on Mr.Bhushan on the ground of his espousal of certain views on Kashmir
> was justified at all? Here the question relating to merit or demerit of his views
> didn’t arise at all. Because, the Constitution by virtue of its Article 19(1)
> has empowered every citizen to speak on the merit or demerit of any position,
> irrespective of the consideration as to whether it conflicted with or was in
> sync with the official line or for that matter with any other line. It is a
> matter of great agony and anguish that even a highly learned veteran of Indian
> judiciary and the newly inducted Chairman of Press Council Justice Markandey
> Katzu in course of his recent walk-the-talk interview with Editor Indian
> Express did also qualify his condemnation of violence against Prashant Bhushan
> with an advisory that the latter shouldn’t have spoken the way he did on
> Kashmir issue. Such qualifying remarks by Mr.Katzu against Prashant’s
> observations on Kashmir did certainly dilute the tenor of his condemnation
> against the physical attack on Prashant Bhushan perpetrated by the goons in the
> guise of self-appointed patriots allegedly to curb his freedom of speech. It’s
> painful to recall that such dastardly attacks undertaken by the muscle-flexing goons
> at the instance of fundamentalists on the citizens’ freedom of speech around
> this or that issue, have taken place intermittently in last two decades.
> Attacks on the house of Arundhati Roy for her out-of-box remarks on Kashmir, on
> that of MF Hussain for his iconoclastic creations of art and the attack on
> Binayak Sen for his anti-Salwa Jhudum observations are a few recent instances
> of vicarious persecution by the civil society goons in connivance with the
> powers-that-be. The net result of such attacks on the great free thinkers of
> our country is a slow, but steady erosion of the very legitimacy of the
> constitutionally guaranteed freedom of speech and expression, on account of
> which India is slipping off into the murderous clutches of diehard
> fundamentalist and obscurantist forces. To safeguard India’s destiny as a pluralist
> democracy, what is required at the moment is to give a try to Mr.Prashant
> Bhushan’s proposal to ban and boycott those very outfits which in the name of
> ‘nation’ or ‘religion’ hold to ransom the citizens’ freedom of expression, the
> foundational principle of any democracy worth the name.
>
> Chitta
> Behera, Cuttack
> 17
> October 2011
>




--
Maja Daruwala
Director
Commonwealth Human Rights Initiative
B-117, First Floor, Sarvodaya Enclave
New Delhi, INDIA, 110017
Tel No 91 11 43180205:4106 8605 (O)
Tel No 91 11 26868961 (H)
Fax No 91 11 26864688 (O)
email: director@humanrightsinitiative.org
email: maja.daruwala@gmail.com
website: www.humanrightsinitiative.org

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