The LexGaze Weekly - HOPE

The case of Prakash Singh v. Union of India (2006) 8 SCC 1

Sneha Chugh

Issue 3 | July 04, 2020

As per a recent report by the National Campaign Against Torture, a human rights organization, 1,731 people died in India in 2019 due to police brutalities. This means that on average, there are 5 deaths every day that takes place in police or judicial custody. This news fills us with anger against the Police officers in India and makes the nation lose faith in the administration.

In these times of despair, LexGaze brings to its readers, a ray of hope against the dreadful acts of injustice done by the police in India. In the year 2006, while hearing the petition in the case of Prakash Singh v Union of India, the Hon’ble Supreme Court of India acknowledged instances of  grave misconduct by the police authorities and issued guidelines to set up State Security Commissions and a National Security Commission. The State Security Commission was recommended to evaluate the performance of the State police. The Court also directed that the Director-General of Police should be appointed through a transparent merit process. As per the guidelines, there shall be separate roles and functions of the police while investigating and ensuring law and order. One of the most crucial directives given by the Hon'ble Supreme Court was the setting up of Police Complaint Authorities at the state and district levels. The main purpose of establishing such bodies was to acknowledge and administer the wrongdoings of the police officers and misconduct including grievous hurt, deaths, rapes in police custody, extortion and other incidents of abuse or misuse of power.

The Police Act Drafting Committee was set up in the year 2005 to frame a new model police law. By  2016, a total number of 33 states and Union territories in India had set up State Security Commissions to look into the working of the police. These states and Union territories have also revised their police reforms in conformation to the Model Police Act, 2006.

Ironically, two of the petitioners in the case of Prakash Singh v. Union of India were themselves esteemed police officers who spoke against the common cause, the violation of human rights in the country by several police authorities. This again gives us hope that not all police officers misuse their power to abuse the masses and cause gross violations of human rights.

Amidst the increasing incidents of police brutalities in the country, there shines a ray of hope in the form of the guidelines issued by the Hon’ble Supreme Court. LexGaze is immensely proud of the decision rendered by the apex court in Prakash Singh v. Union of India. Through LexGaze hope story, we encourage and request our readers to speak up and stand against any inhuman behaviour or action done by the police.

LexGaze Hope Plus

  1. The cops that have been accused of murdering the father-son duo in police custody in Tamil Nadu have been arrested and the case has been transferred to the Crime Investigation Department.

  2. In Gurugram, a police officer was suspended for assaulting a doctor, who was treating COVID-19 patients.

  3. In the Palghar mob lynching case, two police officers were suspended on account of negligence.

  4. The police officer who masturbated in front of a woman in Uttar Pradesh has been suspended from duty and the matter is being investigated.

  5. Two policemen who were seen thrashing a man with a baton in Madhya Pradesh have been suspended and a chargesheet has been filed against them.

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