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Essay / Police brutality in the context of prisoners' rights
The police are one of the most vital organizations in society. The police are therefore the most visible representatives of the government. In an hour of need, danger, crisis and difficulty, when a citizen does not know what to do and who to turn to, the police station and a police officer prove to be the most appropriate unit and person and the most accessible for him. Phani Mohan K, Functions, roles and duties of the police in general. An effective police system is the substrate on which the entire edifice of constitutional will, maintenance of public order, detection of crime and the process of implementing social legislation rests. Say no to plagiarism. Get a Custom Essay on “Why Violent Video Games Should Not Be Banned”?Get Original Essay The police are supposed to be the most accessible, interactive, and dynamic organization in any society. Their roles, functions and duties in society are naturally varied on the one hand; and complicated on the other. Generally speaking, the main role of the police is the maintenance of public order. However, the ramifications of these two duties are varied, resulting in an oversized inventory of duties, functions, powers, roles and responsibilities of the police organization. Entrusting various powers to the police, when necessary to carry out their functions, leaves the door open to abuse and therefore human rights violations. These offenses take many forms. According to the National Crime Records Bureau, between 2010 and 2015, 591 people died in police custody. Police attribute most deaths to suicide, illness or natural causes. For example, of the 97 deaths in custody reported by Indian authorities in 2015, police records list only 6 as being due to physical assaults by police; 34 are listed as suicides, 11 as deaths due to illness, 9 as natural deaths, and 12 as deaths occurring during hospitalization or treatment. However, in many cases, family members claim the deaths were the result of torture. Prisoners and detainees are subjected to torture or other ill-treatment. They are held in conditions so poor that they constitute cruel, inhuman or degrading treatment. Prisoners, as “persons,” are entitled to all the rights available to “persons.” Inhuman treatment, violence in detention, handcuffing of prisoners, third degree methods, which are most often used and practiced by police officers in the exercise of their official duties, are contrary to the norms of civilized nations and constitute barbaric activities that violate the principles. of the rule of law and human dignity. The questions that arise today are those of the necessity and responsibility of police action in the context of violation of constitutional and legal norms and to what extent can the human rights of detainees be modified to serve “the greater good” of society. Can attempts for a better and safer society allow a perversion of the rights of criminals? Chapter V of the Code of Criminal Procedure deals with arrests by the police. It authorizes a police officer to use “all necessary means” to make an arrest when the person forcibly resists arrest or attempts to evade arrest. Article 46 of the Code of Criminal Procedure If the person is accused of an offense punishable by death or life imprisonment, the police officer may use deadly force. This is not in accordance with the lawinternational, which restricts the use of firearms to situations of imminent threat of death or serious injury or immediate and serious threat to life. Chapter X of the Code concerns the “maintenance of public order and tranquility” allowing the dispersal of an assembly by force. Article 129 of the Code of Criminal Procedure. However, this “force” is never defined, creating a legal vacuum for abuse and abuse of power. The police have therefore become very vulnerable to abuse of power, corruption and crime - the very things they are supposed to fight. Consequently, while the general public distrusts the organization meant to protect them, it is the prisoners whose rights are mutated or even extinguished, making a mockery of the very concept of the welfare state. Police brutalityThere is always a slight hesitation when we talk about the human rights of prisoners. The question that arises today is whether someone who violated his legal obligation not to harm members of society to the point that punitive measures had to be taken to exclude him from civil society, to punish him, deserves human rights? All human beings are born. free and equal in dignity and rights. Article 1 of the Universal Declaration of Human Rights Human rights are commonly understood as the rights inherent to human beings. Every human being has the right to enjoy his or her human rights without distinction as to race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or any other situation. Article 2 of the Universal Declaration of Human Rights. The prison sentence deprives the prisoner of the right to liberty. But at the same time, this should not deprive a prisoner of other human rights. It therefore becomes very important to control the police who deal directly with prisoners. However, this goal was not achieved, leading the police to humiliate the prisoners in the most hostile manner, thereby extinguishing any hope of protecting their rights. Torture was most often used by the police to suppress any form of dissent. The immediate and fundamental use of torture is the search for information. Yet the underlying goal is to create an atmosphere of terror – to seek to set an example by breaking the backbone of dissidents with the mere threat of pain. Gross human rights violations, due to the tortuous instincts of police personnel, have become commonplace. It is difficult to imagine a police station in India where the police have not resorted to brutal and barbaric methods in treating people in their custody. The essential character of torture is that it is a crime of obedience. A crime that takes place, not in opposition to the authorities, but under explicit instructions, or in a political environment in which such acts are implicitly sponsored, expected or at least tolerated by the authorities. Furthermore, modern state torture and organized violence are characterized by being goal-directed. It serves a larger purpose than violence, punishment, or confession per se. Malene Mikkelsen, Causes of Torture and Other Forms of Organized Violence: Implications for Prevention Efforts and RCT Research. Numerous examples show how pervasive this culture of torture has become. Some are as follows: - Keep in mind: This is just a sample. Get a personalized article from our expert writers now. Get a Custom Essay A dangerous anachronism, the police have largely failed to evolve from the pro-power repressive forces they were designed to be. to be under domination.