The contemporary world order rests on the base of HUMAN RIGHTS. They form the very crux of it. Right from the end of WWII which wreaked havoc in every nook and corner of world with JAPAN as the main centre of fire and furry, the order of decision making took a new route with clear break from the past. This order to be precise from historical perspective is termed as CACO COLONISATION OR MERICANISATION. It affirmed the same rights and privileges for entire humanity which are granted to people of America. This order rests on Equality and Dignity as eternal and sovereign principles for the entire nation state system. UN Human rights watch,Amenesty International, Red Cross, WHO and UNESCO to mention a few are an analogy of institutionalisation of this order on global level. Since the emergence of USA as sole super power and subsequent rise of Democracy as principle of new global order, almost trapped whole world. Therefore the rise of NHRC’s is just the continuation of that order. For worse the notion of western tradition is the confrontation of some analysts, to its better end the Theme ensures the dignity of Human beings inalienable to their very existence. There’s no iota of doubt or nibble of ambiguity in this direction as it maintains the respect for Human Rights. Declaration of December 10 was nothing but commitment of international community through national representatives of legitimate governments. This declaration included “CONVENTION AGAINST TORTURE” as 3rd dimension of that charter. International convention has outrightly rejected the brutal practice email of torture way back in 1948.
Let’s elaborate on this fact for the ones who are convicted or being proven to be convict in the crimes and held as prisoners or behind bars for proof and subsequent trend setting to corner the illegal elements of society to ensure peace and security. To start with universal dictum of TO ERR IS HUMAN, the society is a composite mixture of individuals with composite mixture of qualities. As Human beings transcended the barricades of nature or deterministic phase they set some standards to harmonize relations. This principle rests on “live and let live” norm. At home these set of norms and regulations when legitimized through parliament takes shape of law. IPC, CrPc etc are the set of legal precedents to deal with crimes against established rules and regulations of state. Those who violate such laws are subsequently arrested and put to trial as per mandate of law stipulated in constitution. And the suspected ones are put behind bars for proof of the suspicious activity they are accused off. What comes to surprise always is the inhuman treatment of prisoners through brutal attitude either physically or mentally. The attitude towards prisoners is guided by various strictures especially for those crimes which suspect anti national activity.
According to prestigious reports of different surveys the numerical majority faces different sorts of torture for various reasons. Taken from latin word “TORTUS” means TWISTED, is the act of deliberately inflicting physical or psychological pain in order to fulfill some desires of torturer (say police in our case or other authorities) or compel some action from victim. The reports mention the inhuman treatment faced by prisoners at hands of police and subsequent intelligence agencies on the pretext to get them spit out the involvement in crime. To cite an example of RYAN school murder case where the Bus conductor was suspected as convict. After clearance,he mentioned the attitude of police as brutal and inhuman? The reality came to fore through various means of brutalities he had faced at hands of authorities to be held guilty for crime not committed by him. Is this the police we need to end crime? The condition of Prof Saibaba is no more hidden to us. But what can be posed as the reason for prisoners not to be tortured to culminate the raging spate of criminality. There are two facts which support theory of humane treatment to prisoners. On the one hand constitutional provisions bans SELF INCRIMNATION OR NO SELF WITNESS. Country where rule of law and independent judiciary is in place,the attitude of police needs a serious scanner. SC has oft repeatedly spoken about the condition of treatment to undertrials as abuse of authority and police excesses. One who’s convicted should be given a fair and impartial trial with clear legal support to prove his innocence in the case under jurisdiction. Clearly not torture but quick and impartial trial is the solution on this front. As per international convention the brutal and in human treatment barring the situation of the case is against the essence of human dignity.
f the conviction of under trials is proved guilty of crime, no law sanctions the torture against the prisoners. Who can legitimate the action of US to torture the people in barricades outside their territory in Guam or so on so? All these measures are against the spirit of universal human rights declaration. On this front the solution lies in widely acknowledged principle of “ENDING CRIMNAL ENDS LIFE BUT ENDING CRIME ENSURES SAFETY FOREVER”. There’s no ambiguity on state’s action against criminals who unsecured the lives of others by taking law and order in their hands. These elements can’t be spared to allow their activities unobstructed but the solution lies somewhere else. If the torture had been the case,Iraq war wouldn’t have given rise to ISIS or Afghanistan an unending war. More the extreme attitude towards humans the more they feel alienated and thus preparing the material for construction of cumbersome structure of institutionalised state of violence. Moreover the activities can’t legitimised for being a part of humanity which possess dignity. This dimension needs to be curbed through insemination of civilized attributes through education and social reforms. Unless and untill the hoi polio is ready for cooperation , no law howsoever severe it may be will come to rescue for curbing such activities. Like rising incidences of woman harrasment and rise of rape cases in India as per recent NCRB REPORT despite robust mechanism of security infrastructure in place. The irony of ours is the case of non ratification of the said convention despite being it’s signatory then. The championship of democracy has deepest sympathy with Human rights which deserve their due in accordance with due process of law. Our commitment towards the spirit of democracy shouldn’t be caught under General solution fallacy.
The civilizational attributes flourish under the fertile societal makeup with clarity on educational values. For the case of state agencies, they keep the trust reposed by people in them to hold the functioning in tandem to enhance capability and secure better living for them. This trust never aspires the brutal attitude towards the section put behind bars for anti law activities. Dignity deserves its due and it should be kept at all instances with caring for the situation at task. To acclaim the sport of vibrant democracy the country need to tighten the screws to set things in order at home is by giving ratification to said convention as soon as possible. To cede the ground occupied by criminal politicians to Human rights is the demand of the day. It seems the day for democracy is poor from criminals being given safe passage to public office but prisoners left to mercy of torture and brutalities. To end with the note “ IT’S RIGHTS WHICH NEED JUSTIFICATION NOT HUMANS WHICH POSSESS THEM FOR BEING HUMAN”. Let’s hope to get some bolt from blue in future.
Shahid Majeed Mir can be reached at mirshahid363@gmail.com
