Guidelines Relating to Encounter Killings - Free Essay Example

Sample details Pages: 9 Words: 2803 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Research paper Level High school Did you like this example? Guidelines specific to Encounter Killings: The general procedure on the Human Right Violations was not so fruitful in ensuring proper compensation nor preventing further encounter deaths. So the National Human Rights Commission had to issue directives/guidelines specifically for Human Right violation related to encounter deaths. According to those the reports had to be submitted within a stipulated time frame and on the receipt of such reports, the NHRC investigates these cases. Don’t waste time! Our writers will create an original "Guidelines Relating to Encounter Killings" essay for you Create order Where it believes there was no apprehension of any possible injury or death to the police personnel at the hands of the criminal, and that the concerned police personnel made use of unjustified force, thus, causing grievous injury or death of an individual, the Commission is empowered to award compensation to the next of kin of the victim and even recommend the prosecution of the errant official.[1] In the year 1996, the National Human Rights Commission (NHRC) while dealing with encounter killings of alleged naxals in Andhra Pradesh, pursuant to a complaint lodged by Andhra Pradesh Civil Liberties Committee, found that fake encounter killings were startlingly common and were being carried out with impunity.[2] No or very little action was initiated against the police because of absence of an independent investigation to ascertain the circumstances surrounding encounter killings. The NHRC noted that the deceased was usually arrayed as the accused in an FIR registered at the Police Station involved in the encounter killing and the case was then taken as abated on account of his death.[3] Often, the police officers who led the encounter killing also carry out the investigation and use their personal à ¢Ã¢â€š ¬Ã…“knowledgeà ¢Ã¢â€š ¬Ã‚  to close the matter.[4] The NHRC had issued a set of guidelines on March 29, 1997, on the procedures to be followed by State governments while dealing with encounter deaths and sought the States views on them. This was subsequent to the NHRCs order on November 5, 1996, in a complaint against the Andhra Pradesh government, indicating the correct procedure to be followed in such cases.[5] In the guidelines, it was emphasized that all cases of suspected encounter deaths should be investigated by an independent investigating agency such as the State Criminal Investigation Department (CID) and that the delinquent police officers should be prosecuted. In the guidelines, for the first time, the then NHRC Chairperson, Justice M .N. Venkatachaliah told State governments that if an encounter death was not justified as having been caused in exercise of the legitimate right of private defence, or in proper exercise of the power of arrest under Section 46 of the Code of Criminal Procedure (CrPC), the police officer causing the death would be guilty of culpable homicide. Whether the causing of death in an encounter was justified as falling under any of the two conditions could only be ascertained by proper investigation and not otherwise, he said in his letter to the Chief Ministers.[6] The NHRC found that its Guidelines were not observed in true spirit and subsequently on 02.12.2003, revised guidelines of the NHRC have been issued and it was emphasized that the States must send intimation to the Commission of all cases of deaths arising out of police encounters.[7] All the States and Union territories have been directed to send a six monthly statement of all cases of deaths in police action in the States/Uni on Territories through the Director General of Police to the NHRC.[8] In its concern that police officers engaging in encounter killings were being glorified for their criminality, the NHRC also emphasized that no gallantry awards or out-of-turn promotions be granted to the officers involved with encounter killings. Further, the NHRC has reiterated its guidelines on 12.05.2010 to all State Governments/Union Territory Administrations for investigation into cases of deaths caused in police action. The revised guidelines are as follows:[9] A. When the police officer in charge of a Police Station receives information about the deaths in an encounter between the Police party and others, he shall enter that information in the appropriate register. [10] B. Where the police officers belonging to the same Police Station are members of the encounter party, whose action resulted in deaths, it is desirable that such cases are made over for investigation to some other independent invest igating agency, such as State CBCID. C. Whenever a specific complaint is made against the police alleging commission of a criminal act on their part, which makes out a cognisable case of culpable homicide, an FIR to this effect must be registered under appropriate sections of the I.P.C. Such case shall invariably be investigated by State CBCID. [11] D. A Magisterial Inquiry must invariably be held in all cases of death which occur in the course of police action. The next of kin of the deceased must invariably be associated in such inquiry.[12] E. Prompt prosecution and disciplinary action must be initiated against all delinquent officers found guilty in the magisterial enquiry/ police investigation.[13] F. No out-of-turn promotion or instant gallantry rewards shall be bestowed on the concerned officers soon after the occurrence. It must be ensured at all costs that such rewards are given/ recommended only when the gallantry of the concerned officer is established beyond doubt.[14] G. (a) All cases of deaths in police action in the states shall be reported to the commission by the Senior Superintendent of Police/ Superintendent of Police of the District within 48 hours of such death in the following format:[15] 1. Date and place of occurrence 2. Police Station, District. 3. Circumstances leading to deaths: i. Self defence in encounter ii. In the course of dispersal of unlawful assembly iii. In the course of effecting arrest. 4. Brief facts of the incident 5. Criminal Case No. 6. Investigating Agency (b) A second report must be sent in all cases of deaths in police action in the states by the Senior Superintendent of Police/ Superintendent of Police to the commission within three months providing following information: Post mortem report Inquest report Findings of the magisterial enquiry/ enquiry by senior officers disclosing:- Names and designation of police official, if found responsible for death; Whether use of force was justified and action taken was lawful; Result of the forensic examination of hand wash of the deceased to ascertain the presence of residue of gun powder to justify the exercise of right of self-defence; and Report of the Ballistic Expert on examination of the weapons alleged to have been used by the deceased and his companions. DECIDED CASES AND COMPENSATION: Compensation has worked as a deterrent to the commission of such crimes. From the guidelines issued and the table which gives statistics on number of cases where compensation was awarded it appears that as soon one approaches NHRC, it will take necessary steps to bring immediate relief to the victims families but it is actually not. The families have struggled a lot. Only enormous public pressure will make way for independent investigation. Moreover the families of the victims has to show show extraordinary grit and determination against all odds to see the case reach a logical conclusion, some cases take ten[16] to thirty[17] long years. The number of cases in which NHRC made recommendations for compensatory monetary relief and/or disciplinary action against public servants or prosecution of public servants in a represents is significantly less compared to the complaints made, most of the cases still remain pending for compliance at various st ages. As far as the cases before 2009, it was found that from the 2560 cases of known encounter,1224 cases are categorized as fake encounters, and the NHRC has ordered for compensation of a few lakhs in only 16 cases.[18] Usually the state government pays the victim and recovers the same amount from the accused official. Some states have been seen to be resistant to the payment of compensation to the victims or their families, and instead insist on waiting for a court of law to establish guilt on the part of the accused official, which is very difficult to prove in such cases since there are invariably no witnesses. Though, in recent years, there has been improvement in the rate of deciding cases and in the number of cases where compensation awarded, the rate of prosecution is still pathetic. In fact there is not even one reported case of prosecution of the cases inquired by NHRC. Only a very less number of cases which are brought into notice to the Higher Judiciary was delive red justice. TABLE VI STATEMENT SHOWING STATEWISE NO. OF CASES REGISTERED ON THE BASIS OF INTIMATION DURING THE LAST THREE YEARS AND CURRENT YEAR UPTO 15/11/2013 ABOUT DEATH DUE TO POLICE ACTION/FAKE ENCOUNTER[19] *TCR TOTAL CASES REGISTERED *D DISPOSED CASES *P PENDING CASES TABLE VII STATEMENT SHOWING NO. OF CASES (INCLUDING CARRY FORWARD) REGARDING DEATH IN ENCOUNTER BY POLICE ( INTIMATION AND ALLEGED) WHERE NHRC RECOMMENDED MONETARY RELIEF,DISCIPLINARY ACTION AND PROSECUTION DURING THE LAST THREE YEARS AND CURRENT YEAR UPTO 15/11/2013[20] Immunities One of the factors that not only promote the security forces to involve in encounter killings but also protects the perpetrators is that immunity that is given under various legislations in India. The word immunity serves good only in the field of medicine. When it comes human right violations, the actual protectors turn perpetrators, thanks to wide immunity powers given by means of discretion. The culture and legal structure of immunity has allowed the most fundamental violations of human rights by the Government officials in the form of encounter killings to go unchecked. The only reason the security forces has the nerve to commit fake encounter because of the confidence that they can get away with it. The immunity to the officials is given in the form of encouragement and then as safeguarding them. Encouragement means the legislative provisions which grant police, security, and other government officials with widespread powers that we discussed in the previous chapters. Safeguarding provisions comes in the form of sanctions that are to be given by the government to prosecute any official who abused their powers. The constitution itself is partly at fault because it provides authority to parliament to enact laws creating both official and sovereign immunity, and is otherwise silent with respect to impunity.[21] Article 34 gives absolute immunity to the armed forces by a law ma de by legislature.[22] In turn, over the course of, the Government of India has passed various laws that effectively shield government officials from criminal and civil suits (official immunity), and protect the government and its entities from being sued for damages for abuses committed by officials (sovereign immunity).[23] The Unlawful Activities (Prevention) Act, 1967, and several local laws contribute to the arsenal of weapons available to the states police officers and administrative officials. Legislation such as the Code of Criminal Procedure, the Armed Forces Special; Powers Act, and the Jammu and Kashmir Disturbed Areas Act each contribute to an atmosphere of impunity in India that is out of step with international standards and is damaging to democracy. The combined effect of the AFSPA, UAPA and certain clauses in the Indian Penal Code and Criminal Procedure Code override many of the protections established by the Indian Constitution, and in other sections of the India n Penal Code and the Criminal Procedure Code. The Protection of Human Rights Act establishing the NHRC does not contain enough force to combat the dangerous provisions in the national security and anti-terrorism measures so effectively enacted, and the result is more human rights violations and police brutality. Such problematic legal provisions are compounded by judicial delay, costly trials and lack of proper investigation of abuses. The requirement of the consent of the central or state government for the prosecution of officials under section 197 of the CrPC and of the central government under section 7 of the Armed Forces (Special Powers) Act, prevents full redress for violations, and reinforces the climate of impunity for the security forces. The National Human Rights Commission has acknowledged this in its support for the recommendation of the Law Commission in 1985, that section 197 CrPC be amended to obviate the necessity for sanction.[24] Immunity under CRPC Secti on 197 is a giant step toward sweeping defacto official immunity as it deprives courts of jurisdiction over an alleged criminal offence committed by a government official or member of the armed forces while acting or purporting to act within the discharge of his official duty unless it first obtains authorization from the requisite central or state government.[25] Section 197 seeks à ¢Ã¢â€š ¬Ã…“to protect responsible public servants against the institution of possibly vexatious criminal proceedings for offences alleged to have been committed by them. This protection has certain limits and is available only when the alleged act done by the public servant is reasonably connected with the discharge of his official duty and is not merely a cloak for doing an objectionable act. Use of the expression official duty implies that the act or omission must have been done by the public servant in the course of his service and that it should have been done in discharge of his duty. Can a f ake encounter, a deliberate murder, ever meet this test a reasonable connection with official duty?[26] In several cases the First Information Reports (FIRs) have been filed with police and forwarded to judicial magistrates for investigation to determine whether a trial can commence. Advocates representing the security forces concerned have then filed review petitions challenging the right of magistrates to investigate offences alleged to have been perpetrated by members of the security forces, on the grounds that they do not have the jurisdiction to hear such cases. This has had the effect of stalling the legal process.[27] The review petitions invoke section 197 of the Code of Criminal Procedure (CrPC), under which no court can take cognizance of an offence alleged to have been committed by a public servant or member of the Armed Forces while acting or purporting to act in the discharge of his official duty except with the previous sanction of the central or state government. One of the biggest problems is there is no timeframe in this provision. A timeframe which says that within so many months the Government must grant sanction and what if the Government fails to give on time, will be deemed to be granted? The government should also provide reasons so it looks like application of mind has taken place and its a speaking order which would be justiciable. Since none of these has been answered and there are no proper framework, this provision acts as absolute immunity. When Cr.P.C fails to protect the police from prosecution, self defence under IPC comes in handy. [1] National Human Rights Commission, Record of discussion Between NHRC UNSR On Extrajudicial, Summary Or Arbitrary Executions à ¢Ã¢â€š ¬Ã¢â‚¬Å" 2012 The interaction of the National Human Rights Commission with the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Mr. Christof Heyns, was held in the National Human Rights Commission Conference Room on 22.03.2012 at 11:30 AM under the Chairmanship of Justice Shri GP Mathur, Member, NHRC. Available at : https://nhrc.nic.in/Documents/Reports/Record Note UN Spl.Rapporteur on Extra-Judicial Powers.pdf [2] Decision of NHRC in A.P.C.L.C, File Nos. 234(1) to (6)/93-94/NHRC( November 5, 1996), available at https://nhrc.nic.in/Documents/CasesOfEncounterDeaths.pdf [3] Ibid [4] Ibid [5] Ibid [6] https://nhrc.nic.in/Documents/CasesOfEncounterDeaths.pdf [7] https://mha1.nic.in/par2013/par2014-pdfs/rs-190214/2718.pdf [8] https://nhrc.nic.in/Documents/RevisedGuidelinesDealingInEncounterDeaths.pdf [ 9] https://nhrc.nic.in/documents/Death During the course of Police Action.pdf [10] Ibid [11] Ibid [12] Ibid [13] Ibid [14] Ibid [15] [16] Pushkar Raj and Shobha Sharma, Encounter culture and accountability of police, available at: https://www.pucl.org/Topics/Police/2007/encounter_culture.html [17] https://timesofindia.indiatimes.com/india/Justice-after-31-years-Three-cops-get-death-penalty-for-plotting-DSPs-murder-in-fake-encounter/articleshow/19398386.cms [18] https://www.ndtvmi.com/b4/dopesheets/aastha.pdf [19]Loksabha unstarred q.no.1979 for 17.12.2013 available at https://164.100.47.132/Annexture/lsq15/15/au1979.htm [20] Ibid [21] Noorani.A.G, Challenges to civil rights guarantees in India 239 (Oxford University Press, New Delhi, 2012) [22] Article 34 :Restriction on rights conferred by this Part while martial law is in force in any area: 4 Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area. [23]South Asian Human Rights Documentation Centre(SAHRDC) : à ¢Ã¢â€š ¬Ã‹Å"Eliminating Sovereign and Official Immunity in Fundamental Human Rights Cases: SAHRDCs submission to the National Commissionfor theReviewof theWorking of the Constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢ 5 January 2001 [24] National Human Rights Commission, Annual Report 1995-96 [25] Supra 94 [26] Noorani.A.G, What Pathribal means for India, The Hindu July.26, 2013 [27] Amnesty International, Report : India: Official Sanction for killings in Manipur  available at https://www.upr-info.org/IMG/pdf/COHR_IND_UPR_S1_2008anx_Annex_XVII_Official_Sanction_fo r_Killings_in_Manipur_AI_re.pdf

Nissan S Operations Management Essay - 1127 Words

Operations management 1. One of the improvement initiatives that helped to win the Sunderland plant a new model was a four-year programme. It started eight years before the new model was due to start production. Why do you think it takes eight years for initiatives like this to come to fruition? Definition Operations management focuses on carefully managing the processes to produce and distribute products and services to its users. A great deal of focus is on efficiency and effectiveness of processes. Therefore, operations management often includes substantial measurement and analysis of internal processes, for example, retail, manufacturing, whole sale.etc. Background One may generally consider that there are three distinct†¦show more content†¦Nissan Sunderland plant has achieved spectacular results in productivity and efficiency, and therefore has developed a very strong reputation which does not happen overnight. There are numerous business improvement initiatives that can be used by organisations to continually improve quality, productivity and sustainability towards achieving excellence. The initiatives can be approaches, systems, tools and/or techniques such as TQM, JIT, Lean Kaizen. Many organisations try to implement these initiatives to try and cure all organisation problems. In reality, however, none of the individual initiatives can solve all problems effectively in the organisation. Each initiative has a role to play towards achieving business excellence. Managing change among employees Some initiatives are more affective under certain situations (Ricondo Viles, 2005). However attempting to apply any initiative in isolation will only provide short term benefits (Dale McOutor 1998, Dale 2007, icondo Viles 2005). It is also believed that the attitude of people is key to business improvement initiatives. 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Types of Business Activity Free Essays

The Coca Cola Company is a global company that makes soft drinks. It is most known for producing the soft drink Coca Cola. The company claims that the drink is sold in more than 200 countries and is produced in Atlanta, Georgia. We will write a custom essay sample on Types of Business Activity or any similar topic only for you Order Now It was originally intended as a patent medicine when it was invented in the late 19th century by John Pemberton; Coca Cola was bought out by businessman Asa Griggs Candler, whose marketing tactics led Coke to its dominance of the world soft-drink market throughout the 20th century.The Coca Cola Company is a public organisation that’s sole aim is to provide a quality soft drink to consumers and to maximise profits while doing this. The company is in the secondary sector of business as it only sells a product, this being soft drinks. Business Purposes Coca Cola exists because at the time there was a gap in the market for soft drinks. Today Coca Cola is the most successful soft drinks manufacturer in the world and they make a lot of profit. A profit organisation is a company such as Coca Cola. A non-profit organisation is an organisation such as the NHS.The main reason for this is because both organisations have different reasons for the business, so therefore different objectives. Some companies may choose to make a loss on certain products, this is initially because they want to get new customers to try there product, they make sure the price is really cheap so the customers will purchase it and try it, and once the customers have tried it they will then bump their prices back up to make a profit. The NHS for example makes a loss so that everyone can afford health care because they want to provide a service. The NHS also will pay private health care organisations such as BUPA to take some patients away from them to reduce waiting time so customers are happier with the service provided. Coca Cola supply their products through other companies, they sell their products to them and that’s how they make their profit. They also have vending machines that are stocked up by Coca Cola themselves. Owners Coca Cola Coca Cola is a public limited company which means that it is permitted to offer its shares to the public.This means shares are sold on the stock market, and if stock increases then the value of the stock also increases so the public make profit. NHS The NHS is part of a government department funded by taxpayer’s money. This therefore means everyone in the country can get healthcare for free. Stakeholders Stakeholders are anyone that has an interest in the business, for example at a local college a stakeholder could be a local resident who lives near the college. They could be affected if litter from the college is outside their house.Other stakeholders such as customers interested in purchasing clothes from a shop want to maximise quality on the clothes but don’t want to pay too much. Another stakeholder could be an employee, they want to maximise their salary but want job security. Coca Cola Customers are stakeholders of Coca Cola as they purchase the product with the intent to be satisfied with the quality of it and to fulfil the needs of the customer and to be rewarded with special offers etc. They also don’t want to pay too much for it but still want a high quality product and finally good customer service and want to be rewarded for their loyalty.NHS My second organisation is the NHS. The customers of the NHS want high quality healthcare but not to pay too much for it through their taxes. They also want the hospital to be fairly close to them. Coca Cola Employees are another stakeholder as they are employed by Coca Cola to either create the product, market or distribute the product. While doing this they want to be paid very well, have flexible working hours, job security, chance of promotion, have a good amount of holiday, get sick pay and get some sort of health care.Another point is that employees want to work for ethical organisations; this means that they feel that the company works in the right way and does not exploit anyone. NHS The employees who work for the NHS are also stakeholders and like Coca Cola want to be paid well, have flexible hours and to have job security. Coca Cola Suppliers are affected by they want to purchase the product in bulk for the intent to sell onto customers for a profit, so originally they want to purchase the product for as lit tle as possible so they can make a bigger profit when they sell it onto the customers. The supplier also wants the company they are giving to, to be successful, the reason for this is because the more successful they are then they are going to come back to purchase more products. The size of the supplier and the company can matter as well. The reason for this is because if the supplier is bigger than the company they can dictate how much they want to sell the product for etc, where as if the company is bigger than the supplier then they can have more of a say for how much they want to purchase the product. NHSThe suppliers who give the NHS equipment and drugs etc want to be paid well for the products they are selling to the NHS and to make sure they stay faithful by continuing to purchase products from them Coca Cola The owners of the company have a say in what they think the company be doing and how they want it to be run, they have lots of authority and want their company to be as successful as possible while making a huge profit. They also want to increase their rep utation and also increase their market share, as their looking at the bigger picture, so in the future they are likely to be more financially secure and increase profits.The owner also wants to take control of as many shares as possible and make sure the shares are worth as much as they can be. NHS The owners of the NHS want to make sure that the service being given out is high quality healthcare and advice and making sure customers are happy with the service provided. Coca Cola Pressure groups are groups that are external to the business and are set up because they have an issue with something the company is doing.Pressure groups may decide to protest against Coca Cola because they believe it is unhealthy and is aimed at parent’s children and that is making them unhealthy, or maybe in less developed countries the water they are using to make the product is mostly being used for their product and the people need the water to survive. These people will protest against the company because of their beliefs, values and opinions. NHS Pressure groups that are affected by the NHS are groups that think the ervice is poor and maybe they aren’t happy with how they were treated by the service. They may also protest because of waiting times and waiting lists. Coca Cola Trade unions represent the workers of a business. The reason for this is so they can look out for them and bring up any issues that the workers have with the company. These issues can be anything from salary, benefits, holiday, how they are treated, sick pay or if jobs are at stake and some people may be made redundant then the workers may decide to strike and the trade union will look after them.NHS Trade Unions represent the workers of the NHS, so this is the doctors, nurses etc. The reason for this is so they can look out for them and bring up any issues that the workers have with the company. These issues can be anything from salary, benefits, holiday, how they are treated, and sick pay or if jobs are at stake and some people may be made redundant then the workers may decide to strike and the trade union will look after them Coca Cola Employee associations are used for firms and represent different organisations.Employee associations represent a handful of firms instead of just one because for example when the government got tough on labelling for food and drinks this affected Coca Cola and they would be represented by the association so any issues they had with the new labelling they could tell the association and it would get passed on. Coca Cola Local and national communities are affected by Coca Cola as if Coca Cola were to market a new product in their area with a new billboard or poster on a bus shelter this would affect everyone that lived around it. NHSLocal and national communities could be affected by the NHS as say the NHS decided to build a new hospital nearby a local village this therefore would affect everyone that lived their as the village would get considerably busier, leading to more traffic, people etc. Coca Cola The Government is also a stakeholder in Coca Cola as they can put in place certain rules that the company must keep to. For example years ago Coca Cola wouldn’t have had to put how much sugar, salt, fat, calories and saturates were in a can of their product but the government decided to have an input and now they have to.The government also wants to increase jobs available for the public. NHS The government owns the NHS and therefore has a huge input with how things are run and making sure everything goes to plan. Coca Cola Links and interdependencies is links within a business. Your supplier and owners are linked as they want it to be successful so they can make profit. NHS Links and interdependencies is links within a business. Your supplier and owners are linked as they want it to be successful so they can make profit. I love men How to cite Types of Business Activity, Papers