Sunday, April 21, 2013

[rti4empowerment] Two topics of intense discussion

 


Friends,

Two of my write-ups on issues presently under hectic and intense discussion. Would request for your comments please.

Amitabh Thakur
# 094155-34526


For a better policing

In the wake of the spate of rapes and the alleged poor response of the police in these offences, if we really want a better policing in India, we need to stop our superficial approach and go for some of the fundamental reasons for the current state of affairs.
Some of the things that are immediately needed include-
1.       Strictest action against the delinquents in police- This can happen only when we have an Independent Police Complaint enquiry system as found in Britain and many other foreign countries and as emphasized by the Supreme Court in the Police Reforms case
2.       Not limiting the action against policemen to mere administrative measures but to initiate criminal proceedings as well, as and when a policeman is found deliberately criminally liable in his conduct
3.       Immediately improve all the basic infrastructural requirements of police and police personnel. We can never have good policing with meager resources, logistical support, small number of policemen etc
4.       Stop the power distance between the so-called superior and subordinate officer in the police department and create a working environment where all the policemen feel they are equal, working together for a common cause
5.       Massively increase the promotional avenues of the subordinate police officers, no less than that of IPS/PPS officers
6.       Stop the inhumane treatment of subordinate police officers in the department, including their use in household and personal works
7.       Very special emphasis and focus on behavioural contents and interaction with public and stern action in case of all improprieties found here
Improving police and policing is not all that difficult. The only thing needed is the wish to do so.
 
Hang Till Death

There are many who oppose the concept of death penalty and completely loath the word- hang till death. With due regards to their sense and sensibility, I would venture to say that they possibly want to live in a fools' paradise. I am sorry for using these strong words and they are not meant to hurt, humiliate or demean anyone. The only purpose is to give such people a jolt so that they get ready to listen to what one of their ideological opponents wants to say.
Without going into the details of the philosophical expostulations of death penalty and its opposition, I would come straight to the point by saying that I very very strongly argue for death penalty for all truly heinous crimes like murder (in all its forms), brutal rape, serious cases of terrorism etc because-
1.       Fear is one of the fundamental guiding principles of human psyche. If love and respect are to be given due importance in any society, a strong sense of fear is a sin-qua-non for any society to keep itself clean and healthy. It is like spraying strong insecticide in a place which we really want to keep safe from the unwanted insects.
2.       There is nothing inhuman in treating a non-human with the sentence of death. The principle of adequate and appropriate awards and punishments is very important for any healthy system. The only precaution that is needed to develop a mechanism that is efficient and fair but this does not mean that we shall thrown away the baby (death penalty) with water (the fear of any alleged injustice)
3.       If a system does not give a very stringent penalty (of death) to a person who went beyond all limits of inhumanity, it is apparent that this system is failing in its duty
4.       There is nothing extraordinary in taking away a human being's life, when it has been well-established through a fair trial process in the due process of law that the person being awarded death penalty has, all through his barbarous act, been behaving as an unbridled, deadly and venomous animal, having no respect for humanness in any manner
5.       Governance and administration cannot be based solely on superficial and puppy emotionality but it needs hard though fair decisions, including death penalties in appropriate cases, when so warranted
In sum, while death penalties shall be given in the "rarest of the rare cases" in the same vein as the legal principle established by the Supreme Court of India, yet the words "rarest of the rare" should not be artificially restricted in any manner but shall include within its fold all such cases where humanity has been a clear sufferer and where the perpetrator of crime has crossed all limits of humanity and has adopted gruesome, barbaric and ghastly means in the process of his criminal act.
Yes, we do need to have a fair and foolproof system of justice, and we shall also have death sentences for all such crimes where the limits of humanity were visibly and clearly crossed.
 
Amitabh
 
 

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