Module 3

Treatment of Police towards Poor

Police Brutality is a serious matter. More often than not, people belonging to lower-income
groups are at the receiving end of police brutality in India. This article reflects on the above issue
and discusses how police brutality can be tackled in today’s India. There are many challenges
faced by the lower rung of the society starting from their very basic needs to matters of justice.
The preferential treatment of the elite class by the higher officials of the police department adds
to the sufferings of the poor.

Challenges faced by the poor because of bad treatment by police

1. Illegal or false arrest or false imprisonment

 The police illegally arrest or falsely accuse poor people of crimes. They do so to earn illegal
income from government officials or from politicians for their promotion in police rank.
 The police also take an advantage of their powers and make illegal arrests to take revenge
from their enemies and put them in jail for several days or weeks.
 Sometimes police carry out take encounters of people to take revenge. The police make a
false arrest and keep the detention.
 Forthe release of illegally arrested individuals, police officers ask their family for money to
release the person.

2. False Evidence or False F.I.R.

 The term “evidence” means proof of a criminal offence. The police can collect false evidence
and can also file false F.I.R. against poor people who don’t have much income or money to
give them.
 Basically, when police officers need money or some other favours, they always file false
F.I.R. against poor people who cannot do anything against them.
 The police officer can tamper the evidence and replace it with false evidence against the
person to earn illegal money or if they are asked by any government official to do so.

3. Police Brutality

 Police Brutality is an example of violation of civil rights, where the police officer misuses
his/her power and tortures poor people for a bribe, which often leads to the custodial death.
There is no record of custodial deaths where the police officer misuses his/her power.
 In the case of police brutality, politicians or government officials are also involved with the
police for any misuse of power or authority.
 The case of Nilabati Behra v. State of Orissa & Ors. is an example of death caused by
police brutality.

4. Bribing

 Bribing is the most common corruption in any circumstance where the police always take
bribes from poor or middle-class people.
 Bribing is an illegal course of an action where the police officer always compromises the
security of people , which is harmful to society.
 There are Acts for the offence of bribing i.e., Indian Penal Code, 1860 and Prevention of
Corruption Act, 1988.

5. Unwarranted Searches and Seizure of Property

 The police can make an unwarranted search and seize the property of poor people.
 The police misuse its power in the seizure of property of poor people or by vacating the
property where they live so that builders can build a complex or mall illegally.
 Sometimes the police officer uses his/her power as a tool for harassment for the seizure of
property illegally.
 Police officers get a huge amount of bribe from builders for vacating the property of poor
people where they can build a complex or mall from which the builder can earn a huge
amount of income.

Current Scenario of the Treatment of Poor by the Police

In the current scenario, the treatment of police towards the poor has totally changed. Poor people
are given much more dignity and security from the police’s side now. There are various remedies
provided to poor people in case of improper treatment by the police, which are as follows :

1. Police Complaints Authority

 The Supreme Court of India has instructed the government to set up a Police Complaint
Authority at the state level and also at the district level.
 The Supreme Court of India stated this in the case of Prakash Singh v. Union of India
(2006).
 The main aim of the Police Complaints Authority is to look into the complaints against the
corrupt police officer.
 The government should provide free and hassle-free powers to this authority to take action
against them.
2. Human Rights Commission

 The government has set up the Human Rights Commission for the prevention of violations of
civil rights and human rights.
 This commission also safeguards poor people from illegal courses of action by the police.
 This commission can also initiate an investigation against the corrupt police officer who
tortures people.

3. Involvement of NGOs and Media

 NGOs provide assistance and support to people who have been falsely framed in cases by the
police.
 Media also work the same as NGOs but both of them often do sting operations against the
corrupt police officers.
 NGOs provide financial support and livelihood to poor people in the wake of offence against
them.

Problems of Poor Under trials

Criminal Law of India is a replica of colonial times. It is hostile to the poor and the weaker
sections of society. The law still serves and protects the needs of the haves and ignores the have-
nots. Such biasness has resulted in rich people escaping law and the jail is more often full of the
unprivileged class of society. The hierarchy of courts and with appeals after appeal have led to a
situation where the poor cannot reach the temple of justice due to heavy cost of its access. In
other words one can state that granting justice at a higher cost indirectly means the denial of
justice. Such circumstances lead to a clear violation of the Supreme Court judgement which held,
legal aid to a poor is a constitutional mandate not only by virtue of Article 39A but also Articles
14, 19, 21 which cannot be denied by the government.

Specific problems faced by under-trial prisoners:

1) The Right to Speedy Trial - as recognised by the Supreme Court in Hussainara Khatoon vs.
Home Secretary, Bihar is violated due to protracted delays. This delay is due to all kinds of
reasons such as –

a. Systemic delays.

b. Grossly inadequate number of judges and prosecutors.

c. Absence or belated service of summons on witnesses.

d. Presiding judges proceeding on leave.

e. Remands being extended mechanically due to lack of time and patience with the presiding
judge.

f. Inadequacy of police personnel and vehicles which prevents the production of all prisoners on
their due dates.

g. Many a times, the escorting police personnel merely produces the remand papers in the courts
instead of actually producing the prisoner in front of the magistrate. This practice is widely
reported, notwithstanding the strict requirement of the law in section 167(2)(b) of the Criminal
Procedure Code, 1973 which says that – ‘No Magistrate shall authorize detention in any custody
under this section unless the accused is produced before him.’

2) Right to bail is denied even in genuine cases. Even in cases where the prisoner was charged
with bailable offence, they are found to rot in prisons due to exorbitantly high bail amount. The
spirit of the Supreme Court in Moti Ram & others vs. State of Madhya Pradesh is violated
constantly. The Law Commission analysed this in detail in its 78th report on congestion on
undertrials.

It is also important to point out that the system of giving bail which is mentioned in sections 436
to 450 in the Code of Criminal Procedure, 1973 is also unjust. This is because according to the
provisions of the code a person released on bail is required to execute a personal bond and bond
of security for a certain amount of money. As a result the poor who cannot afford to avail surety
have to suffer in jail till the case is over.

3) Some of the judges even at the High Court level are not following the guidelines laid down by
the Supreme Court on bail and grant of the same is dependent upon the attitude of each judge.
Standards cannot become prisoners of the whims and fancies individuals. Authority is to be
exercised with responsibility.

4) Large number of persons including women and children are detained under Section 109 of the
Criminal Procedure Code provides for failure to furnish requisite security for keeping good
behaviour. The police usually pick them up “because the number of cases had to be brought up to
the specified figure”. The authorities refuse to release them without bail whereas the standing
law on Section 110 says that you cannot ask for bail from such persons, only the history ticket is
required.

5) In the absence of a system, that takes a proactive role in providing legal services to prisoners
their right to effective Legal Aid is also violated due to politicisation of legal aid schemes as
many lawyers are hired on political consideration who get a fix salary without the pressure of
disposing off cases at the earliest.

Even today, the order of Dr. A.S. Anand – former Chief Justice of India on holding Special
Courts in Jails for prisoners involved in petty offences and willing to confess to their guilt is not
being implemented at least in Madhya Pradesh. If implemented by the High Court and followed
judiciously, it can bring lot of succour.

Right to Free Legal Aid

Legal Aid which means giving free legal services to the poor and needy who are unable to afford
the services of an advocate for the conduct of a case or a legal proceeding in any court, tribunal
or before an Judicial authority.

Article 38(1) avows that the State shall promote the welfare of the people by securing and
protecting the social order including justice. Article 21 clearly says that every person has an
equal right to life and liberty except according to the procedure established by the law.:

The State shall secure that the operation of the legal system promotes justice, on a basis of equal
opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or
in any other way, to ensure that opportunities for securing justice are not denied to any citizen by
reason of economic or other disabilities.

In the case of Hussainara khatoon vs. State of Bihar, it was held that if any accused is not able
to afford legal services then he has a right to free legal aid at the cost of the state.

It is the duty of the State to see that the legal system promotes justice on the basis of equal
opportunity for all its citizens. It must therefore arrange to provide free legal aid to those who
cannot access justice due to economic and other disabilities.(Art.39 A of the Constitution of
India)

If the accused does not have sufficient means to engage a lawyer, the court must provide one for
the defense of the accused at the expense of the state. (Sec. 304 of Code of Criminal
Procedure,1973)

Services offered by the Legal Services Authority:

1.Payment of court and other process fee;

2. Charges for preparing, drafting and filing of any legal proceedings;

3.Charges of a legal practitioner or legal advisor;

4. Costs of obtaining decrees, judgments, orders or any other documents in a legal proceeding;

5.Costs of paper work, including printing, translation etc.

Who is entitled to free legal aid?

Any person, who is:

1. a member of the scheduled castes or tribes;

2. any person belonging to the Schedule caste/tribe, persons suffering from natural calamity,
industrial worker, children, insane person, handicap, persons in custody and those having annual
income less than Rs 1 lakh were entitled to avail free legal aid

3. a victim of trafficking in human beings or beggar;

4.disabled, including mentally disabled;

5. a woman or child;

6. a victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earth quake, industrial

disaster and other cases of undeserved want;

7. an industrial workman;

8. in custody, including protective custody;

9. facing a charge which might result in imprisonment;

10.unable to engage a lawyer and secure legal services on account of reasons such as pover ty,
indigence, and incommunicado situation;

11. in cases of great public importance;

12. special cases considered deserving of legal services.

Lok Adalat
The introduction of Lok Adalats added a new chapter to the justice dispensation system of this
country and succeeded in providing a supplementary forum to the victims for satisfactory
settlement of their disputes. This system is based on Gandhian principles. It is one of the
components of ADR systems. It is an Indian contribution to the world jurisprudence of ADR.
Lok Adalat (people’s courts), established by the government settles dispute by the principles of
justice, equity and fair play, which are the guiding factors for decisions based on compromises to
be arrived at before such Adalats.

Article 39 A of the Constitution of India provides for equal justice and free legal aid. It is,
therefore clear that the State has been ordained to secure a legal system, which promotes justice
on the basis of equal opportunity. The language of Article-39 A is understood in mandatory
terms. This is made more than clear by the use of the word “shall” in Art-39 A.

It is emphasized that the legal system should be able to deliver justice expeditiously on the basis
of equal opportunity and provide free legal aid to ensure that opportunities for securing justice
are not denied to any citizens by reasons of economic or other disabilities. It was in this context
that the Legal Services Authorities Act, 1987 has been enacted by the Parliament. One of the
aims of this Act is to organize Lok Adalats to secure that the operation of legal system promotes
justice on the basis of equal opportunity. Chapter VI of the Act deals with Lok Adalats. The Act
created National, State and District Legal Service Authorities with the power to organize Lok
Adalats.

The poor and resourceless persons need justice, they require for that, an access to justice. Mere
recognition of rights does not help them, without providing for necessary infrastructure to secure
them justice whenever needed. Even if the infrastructure is created, if he does not get the ‘legal
aid’ to reach it, the purpose of entire justice system suffers a defeat.

In Hussainara Khatoon v. State of Bihar, the Supreme Court observed:

Today, unfortunately, in our country the poor are priced out of the judicial system with the result
that they are losing faith in the capacity of our legal system to bring about changes in their life
conditions and to deliver justice to them. The poor in their contact with the legal system have
always been on the wrong side of the line. They have always come across “law for the poor”
rather than “law of the poor”. The law is regarded by them as something mysterious and
forbidding--always taking something away from them and not as a positive and constructive
social device for changing the social economic order and improving their life conditions by
conferring rights and benefits on them. The result is that the legal system has lost its credibility
for the weaker section of the community. It is, therefore, necessary that we should inject equal
justice into legality and that can be done only by dynamic and activist scheme of legal services.

Poverty and Pandemic

Global extreme poverty is expected to rise in 2020 for the first time in over 20 years as the
disruption of the COVID-19 pandemic compounds the forces of conflict and climate change,
which were already slowing poverty reduction progress, the World Bank said.

The COVID-19 pandemic is estimated to push an additional 88 million to 115 million people
into extreme poverty this year, with the total rising to as many as 150 million by 2021,
depending on the severity of the economic contraction. Extreme poverty, defined as living on
less than $1.90 a day, is likely to affect between 9.1% and 9.4% of the world’s population in
2020, according to the biennial Poverty and Shared Prosperity Report. This would represent a
regression to the rate of 9.2% in 2017. Had the pandemic not convulsed the globe, the poverty
rate was expected to drop to 7.9% in 2020.

“The pandemic and global recession may cause over 1.4% of the world’s population to fall into
extreme poverty,” said World Bank Group President David Malpass. “In order to reverse this
serious setback to development progress and poverty reduction, countries will need to prepare for
a different economy post-COVID, by allowing capital, labor, skills, and innovation to move into
new businesses and sectors. World Bank Group support—across IBRD, IDA, IFC and MIGA—
will help developing countries resume growth and respond to the health, social, and economic
impacts of COVID-19 as they work toward a sustainable and inclusive recovery.”

The report also finds that many of the new poor will be in countries that already have high
poverty rates. A number of middle-income countries will see significant numbers of people slip
below the extreme poverty line. About 82% of the total will be in middle-income countries, the
report estimates.

The convergence of the COVID-19 pandemic with the pressures of conflict and climate change
will put the goal of ending poverty by 2030 beyond reach without swift, significant and
substantial policy action, the World Bank said. By 2030, the global poverty rate could be about
7%. Increasing numbers of urban dwellers are expected to fall into extreme poverty, which has
traditionally affected people in rural areas.

Progress was slowing even before the COVID-19 crisis. New global poverty data for 2017 show
that 52 million people rose out of poverty between 2015 and 2017. Yet despite this progress, the
rate of reduction slowed to less than half a percentage point per year between 2015 and 2017.
Global poverty had dropped at the rate of around 1 percentage point per year between 1990 and
2015.

In addition to the $1.90-per-day international poverty line, the World Bank measures poverty
lines of $3.20 and $5.50, reflecting national poverty lines in lower-middle-income and upper-
middle-income countries. The report further measures poverty across a multidimensional
spectrum that includes access to education and basic infrastructure.

While less than a tenth of the world’s population lives on less than $1.90 a day, close to a quarter
of the world’s population lives below the $3.20 line and more than 40% of the world’s
population – almost 3.3 billion people – live below the $5.50 line.

The COVID-19 crisis has also diminished shared prosperity – defined as the growth in the
income of the poorest 40 percent of a country’s population. Average global shared prosperity is
estimated to stagnate or even contract over 2019-2021 due to the reduced growth in average
incomes. The deceleration in economic activity intensified by the pandemic is likely to hit the
poorest people especially hard, and this could lead to even lower shared prosperity indicators in
coming years.

The report calls for collective action to ensure years of progress in poverty reduction are not
erased, and that efforts to confront poverty caused by COVID-19 also face threats that
disproportionally impact the world’s poor at the same time, particularly conflict and climate
change.