Author: Adv. Vaibhav Tripathi "Saxam", High Court, Lucknow
Introduction: What Should the Definition of Justice Be?
When we talk about justice, we don’t just mean a judicial decision. Justice means every individual receiving their rights, having their voice heard, and being respected in all circumstances. The Constitution of India provides us with these rights, including the right to life, liberty, and equality. But if we look at the police administration in Uttar Pradesh, especially its behavior, it raises the question: Has justice now become confined to papers?
1. The Duty of Police: Upholding Law and Ensuring Justice
The job of the police is not just to apprehend criminals but to ensure that every citizen receives justice. The police are tasked not only with investigating crimes but also with ensuring that every victim receives justice. However, the working style of the police in Uttar Pradesh reflects insensitivity. Victims' problems are often ignored instead of being addressed. This is a violation of the core principle of justice.
2. Police Administration and Justice: The Need for Harmony
The insensitivity of the police administration creates significant obstacles in the process of delivering justice. Should registering a victim's complaint (FIR) just be a formal process, or should it be a sensitive and serious matter? In Uttar Pradesh, the police often refuse to register FIRs, particularly in important or sensitive cases.
Case Example:
Rajeev Yadav vs. Uttar Pradesh Government (2018)
In this case, the police arrested an individual under false charges and subjected him to physical torture during questioning. The High Court issued strict directions to the police in this matter, stating: "The police's duty is not just to apprehend criminals but also to ensure they receive justice according to the law."
3. Police Attitude: Insensitivity or Negligence?
In Uttar Pradesh, the police's working style has often been questioned. The police become especially insensitive when it comes to cases involving the poor, women, or other marginalized communities. This not only violates the Constitution but also undermines the commitment to justice.
Article 21 – Right to Life and Personal Liberty
Article 21 of the Constitution provides the right to life and liberty to every citizen. If the police arrest someone unlawfully or harass them, it is a violation of Article 21. When the police misuse their powers, it harms not just an individual’s rights but weakens the entire justice system.
Case Example:
Lucknow High Court Case (2016)
In a small town in Uttar Pradesh, a woman was wrongfully arrested by the police. She filed a petition in the High Court, which directed the police administration to act swiftly. The Court said, “The police’s job is not just to arrest criminals but also to ensure that citizens receive justice.”
D.K. Basu vs. State of West Bengal (1997)
This landmark Supreme Court judgment laid down specific guidelines for arrest and detention. It held that any form of custodial violence or abuse of power by the police is unconstitutional. The judgment emphasized that the police must follow due process and protect the dignity of every individual. Despite these clear directions, violations of D.K. Basu guidelines are still rampant in police behavior, particularly in states like Uttar Pradesh.
4. The Need for Reform: Can Police Administration Change?
Now the question arises: Is reform in the police administration possible? Can we make it more sensitive and accountable?
Steps Towards Police Reform:
In the Prakash Singh case (2006), the Supreme Court issued 7 important directives for police reform, including:
1. Minimum tenure of 2 years for DGP (Director General of Police).
2. No political interference in police stations.
3. Training police personnel with a focus on social sensitivity and human rights.
5. Conclusion: The Need for Balance Between Police Administration and Justice
When the police’s job becomes limited to formal processes, the concept of justice is weakened. In Uttar Pradesh, the insensitivity of the police administration has made the process of obtaining justice difficult and harsh. The police must realize that their duty is not just to apprehend criminals but to ensure that no victim is deprived of their rights.
This article was written by Adv. Vaibhav Tripathi "Saxam", who has analyzed the insensitivity of the police administration in Uttar Pradesh and highlighted the importance of justice in the legal process.
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