Skip to main content

Handcuffing, roping detainees in West Bengal inhuman, illegal: Plea to NHRC

Counterview Desk 

Kirity Roy, secretary, Banglar Manabadhikar Suraksha Mancha (MASUM), and national convenor, Programme Against Custodial Torture & Impunity (PACTI), Hooghly, has taken strong exception to the continuing practice of handcuffing and roping is still court premises. Giving a specific example, he says, "It is a pitiful sight to witness the process of dragging the under-trial prisoner in open daylight in the presence of many."
In a letter to chairman, National Human Rights Commission, New Delhi, Roy says, the practice is "unconstitutional", stating, the Supreme Court of India has held that handcuffing is prima facie inhuman, and therefore unreasonable", adding, it also issued "specific guidelines for putting handcuffs."

Text:

This is to inform you that even though it is unconstitutional, the practice of handcuffing and roping is still practiced inside the Mekhliganj court premises. In a recent case on April 13, 2022, it was noticed that a prisoner who was coming out of the ACJM court at Mekhliganj had been handcuffed. The name of the prisoner is Hitesh Barman and he is a resident of Dangapara village, Mekhliganj. It is a pitiful sight to witness the process of dragging the under-trial prisoner in open daylight in presence of many.
The situation establishes that still fetters either handcuffs or rope are used to hold on to the prisoners. No doubt that the use of handcuffs and ropes in securing the prisoners is a use of force and therefore it must stand the test of rationality where decades back the following court verdicts held that no handcuff is the rule and issued guidelines for police and jail authorities to pass the test of reasonableness before putting handcuffs or other fetters on prisoners during transit from jail to court and back.
  • Prem Shankar Shukla vs. Delhi Administration 1980 SCC 526: The Supreme Court of India held that handcuffing is prima facie inhuman, and therefore unreasonable, is over-harsh, and at first flush arbitrary.
  • Citizens for Democracy vs State of Assam and others-(1995)3SCC743: In this judgment the Supreme Court of India issued specific guidelines for putting handcuffs.
Despite the Supreme Court of India’s order to prohibit using handcuffing and other fetters, flagrant violations continue in West Bengal. Handcuffing and roping of detainees and prisoners remain widely prevalent despite judicial interpretation clearly establishing that it is against the protection of right to life guaranteed under Article 21 of the Constitution of India. It may also be noted that MASUM is continuously fighting to stop such ill practices.
Under the circumstances, I request you to look into the matter so that handcuffing and roping of the detainees in West Bengal in arbitrary way can be stopped immediately in compliance of the directives issued by the Supreme Court of India.
I again request your good office to hold one sensitizing programme with the administrators of the criminal justice system in West Bengal to stop systematic illegal practices.
I also demand that the whole matter must be enquired into by one neutral enquiring agency preferably by the Commission’s own investigating wing and the perpetrators involved in this case must be punished accordingly.

Comments

TRENDING

'Very low rung in quality ladder': Critique of ICMR study on 'sudden deaths' post-2021

By Bhaskaran Raman*  Since about mid-2021, a new phenomenon of extreme concern has been observed throughout the world, including India : unexplained sudden deaths of seemingly healthy and active people, especially youngsters. In the recently concluded Navratri garba celebrations, an unprecedented number of young persons succumbed to heart attack deaths. After a long delay, ICMR (Indian Council for Medical Research) has finally has published a case-control study on sudden deaths among Indians of age 18-45.

SC 'appears to foster' culture of secrecy, does not seek electoral bond details from SBI

By Rosamma Thomas*  In its order of November 2, 2023 on the case of Association for Democratic Reforms vs Union of India contesting constitutional validity of electoral bonds, the Supreme Court directed all political parties to give particulars of the bonds received by them in sealed covers to the Election Commission of India. SC sought that information be updated until September 2023. 

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Only 12% of schools RTE compliant: Whither 6% budgetary allocation for education?

By Ambarish Rai* Despite Indian state’s commitment of 6% GDP on education, the Finance Minister completely ignored right to education for children and strengthening implementation of RTE Act which makes education a fundamental right in her budget speech . The Right to Education (RTE) Forum, which is a collective of different stakeholders in education, condemns this neglect of a legal entitlement, which is unconstitutional and demand for overall increase in the budget to ensure improvement in learning outcomes and overall enhancement of quality education.

Savarkar in Ahmedabad 'declared' two-nation theory in 1937, Jinnah followed 3 years later

By Our Representative One of the top freedom fighters whom BJP and Prime Minister Narendra Modi revere the most, Vinayak Damodar Savarkar, was also a great supporter of the two nation theory for India, one for Hindus another for Muslims, claims a new expose on the man who is also known to be the original proponent of the concept of Hindutva.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Reject WHO's 'draconian' amendments on pandemic: Citizens to Union Health Minister

By Our Representative  Several concerned Indian citizens have written to the Union Health Minister to reject amendments to the International Health Regulations (IHR) of the World Health Organization (WHO) adopted during the 75th World Health Assembly (WHA75) in May 2022, apprehending this will make the signatories surrender their autonomy to the “unelected, unaccountable and the whimsical WHO in case of any future ‘pandemics’.”

'Ambiguous policy': India late in advocating EVs as energy storage in national grid

By Shankar Sharma*  This is regarding the points raised by the Chief Electricity Authority’s (CEA's) advocacy for usage of electrical vehicles (EVs) as energy storage technology, and few associated issues . An objective reading of what he states should reiterate the enormously growing importance of battery energy storage systems (BESS) in our need to transition to a net-zero carbon scenario for the country.

Union Health Ministry, FSSAI 'fail to respond' to NHRC directive on packaged food

By Our Representative  The National Human Rights Commission (NHRC) has expressed deep concern over the adverse health effects caused by packaged foods high in salt, sugar, and saturated fats. Recognizing it as a violation of the Right to Life and Right to Health of Indian citizens, the quasi-judicial body called for a response from the Food Safety and Standards Authority of India (FSSAI) regarding its selection of front-of-pack labels aimed at providing consumers with information to make healthier choices.