Please - Odhikar

1. If any domestic animal is slaughtered, skinning or riding on horse recklessly or rearing
animals in an open place;
2. Torturing animal viciously and unkindly in open;
3. Unnecessarily parking car or other vehicles, which causes trouble and difficulties for the
passer-by;
4. Piling goods for sale in open space;
5. Throwing or depositing garbage in the street or using the roadside for making stable and
other factory which creates odour of cow dung and other muck;
6. Roaming in the streets in drunken condition or insane condition;
7. Wandering around the streets without clothes or urinating on the streets or exhibiting any
physical disability or any painful disease or using any restricted pond for washing clothes
and having bath;
8. If any pond, well or other water source which is unsafe is kept uncovered;
’Police Remand’ for interrogation is another instrument used by police as an excuse to physically
torture detained persons. For collecting money from arrested persons, corrupt police officers use
’remand’ as a tool. By talking to several remand victims during monitoring police stations,
Odhikar came to know that they were tortured by police inhumanly and were not provided with
any food during detention in remand
Odhikar has found that large majority of arrestees came from poorer segments of society. They
are mostly homeless, rickshaw puller, street children, destitute women who, being abandoned by
their husbands, turn to the streets to try and keep them and their children survived. Young men
suspected as terrorists, extortionists and belonging to various political parties are also regular
victim of arbitrary arrest by police.
Violating provisions of Children Act 1974, children are mostly arrested during political
programs like hartal. They are put in cells with adults and common criminals in total
contravention of the Jail Code.
Police corruption is another prime cause of random arrest and for this type of arrest, Section 54
or Section 86 or the SPA are the most commonly used legal provisions. From the experience of
Odhikar’s police station monitoring, instances have been found where persons were arrested on
the grounds that they could not comply with request of police officers for money and therefore,
arrested under section 54 of the Cr.P.C.
Odhikar also conducted ’fact finding’ as a follow up of police station monitoring to find out
detail information of arrest or abuse incidents. From that experience Odhikar has learnt that
there is lack of proper and efficient implementation of the existing criminal laws. This is due to
several factors: criminalization in the law enforcement agency like police, poverty and lack of
awareness of legal rights. Such misuse of law not only violates human rights of the victims, but
also their families. The common people needs to be made aware of the fact that such violations
of the law occur and that immediate legal recourse needs to be taken as soon as illegal arrest is
learnt of.
Report 2005
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