Speaker at the South India consultation on the law of arrest organised jointly by the law commission of India and the NALSAR University of law (date), expressed the need to train the police ion human rights and sensitise them with regard to civilian rights of the ordinary people. There is almost unanimous opinion as to curb the misuse of power of arrest by police and to codify the guidelines issued by the supreme court in several cases to prevent abuse of the authority and protect the rights of people arrested. Justice B.P. Jeevan Reddy the Chairman, Law commission of India invited suggestions and opinions on the proposed changes in the law of arrest detailed in the consultation paper which was kept on the web site for a long time. Earlier such consultation meeting were held in Delhi and Kolkata.

Inaugurating the meeting, justice Jeevan Reddy said that the suspected in minor crimes and bailable offences should not be arrested as a matter or principle of law. Only those who might escape from the reach of law must be arrested. He also suggested recategorisation of offences to bring only serious offences under category of non-bailable where the police could execute arrests. In respect of offences punishable with seven years of imprisonment, which were treated as non-bailable and cognisable offences should be treated as bailable-cognisable offences, he said. He also proposed that the representatives of the recognized NGOs should be permitted to visit police stations to verify lawful detentions and to liberalise provisions relating to bail. The consultation paper specifically mentioned that there should be no arrest or detention for mere questioning.

Justice Jeevan Reddy said there were two divergent opinions on the proposed changes. While the police and other associated within the law and order pleaded for no changes in the present law the human right advocates welcomed the changes. The law commission of India was seriously considering to categorise the offences like extortion and kidnapping for money as serious offences.

Prof. Ranbir Singh, Director NALSAR welcomed the delegates which included former Judges of Suprme Court and the High Court, officials of the Law Commission Police Officers, Senior Advocates and Professors of law.

Senior advocate Mr. Padmanabha Reddy expressed concern about screened arrests. He stated that the Law commission should address the problems of the innocent persons who were arrested by the police without recording the arrest, because of which they were denied legal protection provided in the existing law and suggested in the consultation paper. He said that the remedies would be totally ineffective if there was no control over screening of arrests. He welcomed the permission to NGOs to visit police stations but apprehended that it might not be an effective remedy. The Home Secretary Mr. Bharat Chandra emphasized the need for more powers to police to protect the interests of society vis a vis the interest of individual. He said the need for the arrest arose because of real grievence of the individual.

However he said that he supported amendments to enhance the dignity of the individual. He explained the professional hazard of police personnel saying that when everything was alright the police was not credited and when an incident happened, they were balmed. Reacting to the speech of home secretary, Justice Jeevan Reddy pointed out why there was a fear among the people and some prominent persons to visit the police stations and why the evidence act itself made the confession to police officer an irrelevant evidence. Prof. G. Hargopalal, University of Hyderabad said that there was a lack of a built mechanism to check abuse of police powers. He sought explanation from police officers as to how many erring officers were punished. He said that most of the abuse was heaped on the poor suspects of property crimes and other serious criminals were left out. He said that there was terrible erosion of democratic structure and values exhibited by blatant misuse of power. Prof. Nageswar Rao, Professor of Law said that the problem of organised crimes by mafia gangsters deserved more attention by the Law commission. He also pleaded for in-house monitoring mechanism in police department as available in the Japanese model. In alternative he suggested external monitoring agency under the supervision of the Judiciary. Prof. Rao stated that the police failed in its public relations and hence their good work was not reported. Justice Jeevan Reddy said that an independent public grievance authority under the chairmanship of a retired Judge of the High Court was being contemplated. He welcomed it Mr. Viswanathan, Member Secretary, Law Commission of India said that the arrest was not an end in itself but a means leading to conviction of a suspected person. He appealed not to confuse these two aspects. Mr. Viswanathan pleaded that the police stations should be user friendly and said that sensitization of police force was essential. Law Secretary of Andhra Pradesh Mr. G. Bhavani Prasad asked the Law commission to make Section 304A (IPC, causing death by negligence) should be made a non-bailable offence because most of the people were dying and the negligent inter-state drivers were not appended. He wanted a change in the mind set of Police. He also pleaded for more powers to police in rural areas to interfere in civil disputes. Mr. Bhavani Prasad also suggested for introduction of plea bargaining in less serious offences. Mr. Jaspal Singh, Addl D.G.P. said that 24 hrs detention was not enough and that there should be an extension of that period for producing the arrested person before the magistrate. He emphasized the need of powers to cause immediate arrests in rape cases to secure medical evidence as soon as possible and to increase the credibility of the police force. He said that the police were not encouraged to produced the arrested within 24 hrs because the magistrates were not inclined to give police remand freely.

Renowned author and professor Vepa. P. Sarathi said that worthy hands should be given powers by a thorough process of recruitment and effective training to the police personnel. He said that any amount of changes in law would not bring necessary relief unless respect for human beings was inculcated into the minds of the police officers Mr. Jagannatha Rao, IGP said that the process of reforming the behavioural attitudes of police had begun. He stressed the need for keeping the power of preventive arrest in cases of bandh and rasta roko. Prof. P. Koteswar Rao suggested a thorough training and transcendental meditation to change the mindset of police. He said the arrest was not an isolated violation of liberty but a continued trauma. He welcomed codification of the guidelines laid down by the Supreme Court and pleaded for appointment of counter prosecutors appointed by the state in case of every prosecution. He also suggested amendment to the constitution to reduce the period of detention by the police from 24 hrs to 12 hrs before taking the arrested to the magistrate.

Sr Advocate Mr. C Sadasiva Reddy suggested to make the offence under Sec 498A (dowry related cruelty) a bailable and compoundable offence to prevent the misuse and protect the institution of marriage. He also pleaded for providing a copy of the FIR to the accused so that he could send it to the advocate friend of his choice within 12 hrs.

Uma Devi, a research scholar asked for making police personally responsible for abuse and excesses. Dr. Vidya Kumari, Principal, P.G. College of Law said that arrest under Sec 498A was causing trauma to the entire family and hence deserves to be reviewed. Mr. Mathews Philip of an NGO said that any grievance of authority without powers would be a waste of tax payer's money. Mr. P. Srikrishna Deva Rao of NALSAR who was the organizer of the seminar suggested the provision of compensation for the victims of abuse of power and for health services within the police station like mandatory medical examination after the arrest. He also suggested to include the details of medical examination to be recorded into the custody, copy of which should be given to the accused. He also pleaded for deploying efficient visitorial mechanism to prevent illegal detention.

Mr. Justice Jagannatha Rao, Vice Chair Person, Law commission of India, Dr. N.M. Ghatate, Member Law commission of India also spoke. Prof. Amita Dhanda, Registrar, NALSAR proposed a vote of thanks.