Presented By: Sakshi Sharma Simrat Kaur Students Of: B.A., LL.B (Hons.) Fourth Semester Rajiv Gandhi National University of Law, Punjab, Patiala FUNCTIONING OF SAFER INDIA Complaint Received Through E-mail Sending the Confirmation and Complaint I.D. Sending the Complaint to Concerned Police Department or AIWC As Per The Need of The Case Connecting With the Complainant On Phone Legal Guidance By The Legal Advisor If Required Personal Meeting and Home Visit Depending Upon The Nature of The Case OUR ENDEAVOUR To Understand The Practical Application of Law By Handling Miscellaneous Nature of Complaints To Get The Feedback of The Complainants Regarding Their Respective Complaints And Support/ Assistance From Safer India. To Analyse The Working And Success of Mission Safer India To Find Out What More Can Be Done Under The Mission Safer India To Save The Next Victim Attempt To Make Out Whether The Complaint Is Genuine or Not To Give The Complainants A Sense Of Security By Meeting The Complainant Personally Under The Banner of Safer India CHALLENGES BEFORE US Not Conversant With The Area At All Rude Behaviour of Disinterested Complainants Busy Schedules of Complainants Undertaking Maximum Home Visits In Short Time Span Non Availability of Personal Conveyance CONSTRAINTS FACED BY ORDINARY CITIZENS Lack of Effective Leadership At The Upper Level of The Delhi Police Department Due To Which There Is No Co-ordination and Accountability At Subordinate Level Reluctance of Police To Lodge an FIR Except In Cases Where Some Bribe or Influence Is Used Showing Snatching of Purse, Mobile or Other Articles As Lost or Misplaced Rather Than Stolen To Decrease The Figures of Crime Rate Harassment Met By People By Visiting The Police Station Again and Again To Get Their Work Done and Rude Behaviour of Police With The People Collusion of Police With Criminals Against The Innocent People Civilians have no agency to approach for redressal of a complaint against police officers as the different branches of the police for it are from the same batches of police officers. GENERAL INFORMATION Area Covered Delhi and Gurgaon Total Number of Cases Reviewed Ninety Home Visits Forty NATURE OF CASES Road Accident Forgery Cheating Extortion of Money Defamation Illegal Acquisition Fraud Illegal Encroachment Robbery Attacking With Acid Theft Complaints Against Police Threat Blackmailing Illegal Activities like Illegal Sale Kidnapping of Liquor Breach of Trust Dowry and Harassment Illegal Confinement Physical Injury and Mental Poisoning Torture Corruption In Selection Procedure THREE SELECTED CASES FROM THE POOL OF FORTY DARK SIDE OF THE SOCIETY….. Name of The Complainant Complaint Title Ishwardevi Forgery and Threat Dispute The complainant, a spinster whose brother M.K. Sachdeva looks after all her correspondence on her behalf owns a house which was purchased by her brother in 1986. In 1997 her brother sold this house to her. Sh. Shankar Das Falwaria, the neighbour, who is a habitual offender, sent a legal notice on 17th May 2004 stating that her house was sold by her brother to Sh. Falwaria on 16th October 2003. The document bears her brother’s forged signature. According to the complainant, no action has been taken by the police till date to help her as the police itself are colluded with the accused because in order to settle the score with the complainant, Sh. Falwaria in connivance with the officials of police and MCD fraudulently showed their house as an unauthorized construction built under 2003 and pulled down the house thrice without any court orders. In all the three times the complainant approached the police for help through helpline 100. The SHO, Sh. Hoshiar Singh arrived and instead of helping the complainant threatened them that if they quarrelled, he would put them behind bars. Present Status The complainant had lodged the FIR with the help of the Magistrate and a court case is pending but due to financial constraints they are not able to give high fees to their advocate. Moreover, according to the complainant, they could not get help from Legal Aid Authority as the accused had links with the Legal Aid as well. Action Taken By Safer India Personal inquiry was done by Mr. S.S Sandhu (Retd. Assistant Commissioner of Delhi Police), Police Advisor from Safer India by visit to the complainant’s home and appropriate action was taken by him. Personal Observation Based On Home Visit The complainant is very aggrieved and poor who is living along with her aged mother and a mentally challenged sister. Though her house is very old which can be made out by seeing the house but it is an irony that in papers it has been shown as a new construction by the accused in this case. The accused has been using all his links and money to acquire the complainant’s house. This case is a glaring example of the dark side of the society where a rich person having influential links makes the life of poor people a hell. It was shocking to see three ladies staying in a broken house without door and always attracting threat to their lives. WHEN ANGEL TURNS DEVIL… Name of The Complainant Complaint Title M.S. Parmar Cruel Behaviour of Police Dispute The complainant’s son who is deaf and dumb has a shop near police post. As told by the complainant many policemen used to take his services without paying money and when he used to demand for money, they used to beat and threaten him. One day a policeman took him to the police station, gave him third degree torture and lodged five false FIRs against him. The case went in favour of the complainant’s son when it went to the Sessions Judge and FIR was lodged against the accused policemen but then that order was cancelled and the complainant’s case is now pending in the High Court. One day when the complainant was coming after withdrawing Rs. 30,000 from bank, someone took away his bag containing money and he reported the matter to the police but no action was taken by the police and rather the police abused the complainant. Present Status of The Case No action has been taken by the police in this case. Action Taken By Safer India Safer India followed up the case and put the same before senior officers to redress the grievances of the complainant. Outcome of the same is still awaited. Personal Observation Based On The Home Visit The complainant is an old person and has been harassed a lot by the police. As the complainant already had conflict with the police, the police is not helping him regarding the snatching of his bag containing money. This case depicts how angel i.e. the police who has been deputed to ensure the safety and security of the citizens has turned devil by establishing itself as a threat to a poor old person and his deaf and dumb son. It also shows that a person faces a lot of problem if his case is directly against the police itself as the investigation suffers in such cases. THE WAY LIFE CHANGES…. Name of The Complainant Complaint Title Pratima Kumari Extortion of money Dispute The complainant’s sister-in-law and the husband of her sister-in-law started creating problem for the money which the mother-in-law and father-in-law of the complainant received after retirement. When they failed to get the money, then out of frustration they hatched a plan and got a case registered against the complainant’s husband for extortion. In the complaint by accused i.e. complainant’s sister-in-law, it was given that there was a dispute between her husband and herself due to which she was residing apart from her husband. She said that her mother and father had forged her signatures and withdrawn about 7 lakhs rupees and given to the complainant’s husband due to which she lodged the FIR. She said that the police is supporting the accused as the accused has bribed the police. The complainant has also sent the complaint to DCP but no action has been taken. Police said that they knew that the case filed against the complainant is false but they cannot do anything as they are being pressurized from higher levels so they advised the complainant to get FIR done under Section 156 CrPC through Magistrate. Present Status The case is pending in the court. Action Taken By Safer India When the complainant approached Safer India, Dr. Kiran Bedi personally called the complainant and connected her with the lawyer, Mr. R. K. Yadav who gave her the legal advice. Personal Observation Based On Home Visit From this case we could conclude how some incidents totally change the lives of some people as after it, the complainant herself has started studying law from an institute though she has already done M.Tech. Moreover, now even her husband is planning to do law and is keeping a watch on every recent case and collecting High Court judgements on various cases so that they are not befooled in future. CASE STUDY Name Complaint Title Source Through Which Action Taken By Police Action Taken By Safer The Complainant Came India To Know About Safer India Nageshwar Death of Nephew In A Newspaper FIR Lodged By Police But Charge Sheet Filed With Road Accident No Further Action Taken The Help of Safer India Ali Sher Interference In The Newspaper No Action Taken By The Complainant Was Construction of DPC Police and Police Is Contacted and Legal Around The Misguiding The Advice Was Given To Complainant’s Plot By Complainant To Sell The Him. The Neighbour Plot To The Accused Puneet Theft of Mobile Radio FM No FIR Was Lodged By The Complainant Was The Police Called Up On Phone And Connected With The Tilak Nagar Police Station. Ankur Car Stolen Friend No FIR Was Lodged By FIR Lodged With The The Police And The Help of Safer India Complaint Submitted Was Torn Brijender Mohan Threat, Loot, Abuse By Through Mrs. Madhu Whole Incident Took Connected to Delhi Police Son’s Wife and Her Gupta Who Is The Place In Front of The Headquarters And Was Relatives In Front of The Member of Women Peace Police But No FIR was Offered Legal Advice As Police Committee in Delhi lodged. Instead The His Case Is Pending In Complaint Was The Court of Law Pressurised To Give In Writing That He Had No Dispute With The Accused Name Complaint Title Source Through Which Action Taken By Police Action Taken By Safer The Complainant Came India To Know About Safer India Ajay Sale of Illegal Liquor In Newspaper No Significant Action Appropriate Action Was Balaji Chowk Taken By The Police Taken By The Police After Instead Police Tried To The Complainant Make A False Case Complained To Safer Against The Complainant India and Other Residents That They Were Disturbing The Peace of That Area Manju Dowry and Harassment Newspaper Instead of Helping The Safer India Sent The Complainant in Getting Complainant To Women The Dowry Articles Back Cell With Their Reference The I.O. Sealed The Locker of Her Mother Vidwant Physical Injury and Newspaper No FIR was lodged By The Complainant Was Mental Torture By Their The Police Connected And The Relatives, Neighbours and Appointment Was Fixed Tenants With DCP (West) and CP Office Manish Theft of ECM Part From Newspaper Police Refused To Lodge Safer India Helped The Omni Van An FIR Complainant To Lodge The FIR Garima Selling Sealed Adulterated Friend The Matter Was Legal Advice Was Given Bottle Forwarded To Food To The Complainant And Adulteration Department She Was Guided To File A Which Collected The Case In The Consumer Samples From The Store Court. Name Complaint Title Source Through Which Action Taken By Police Action Taken By Safer The Complainant Came India To Know About Safer India Ishwardevi Forgery and Threat By Through Someone Known No Action Was Taken By Personal Inquiry Was The Neighbour Police and Police Itself Made By Mr. S.S. Sandhu Are Colluded With The (Retd. ACP Delhi Police) Accused and Police Advisor of Safer India By Visiting The Site Nitika Kumari Purse Snatching Internet No FIR Was Lodged and The Complainant Was Only NCR Was Given Connected With The Concerned SHO Mahadevi False Allegation of Dowry Radio FM No FIR Was Lodged The Court Case Is Pending and Harassment In The Court of Law So Nothing Can Be Done By Safer India Pratima Kumari Extortion of Money By Newspaper No FIR Was Lodged and Dr. (Mrs.) Kiran Bedi The Sister-In-Law and Police Is Supporting The Personally Contacted Her Husband Accused and The Them and Connected Complainant Claims That Them With The Lawyer, The Accused Has Bribed Mr. R.K. Yadav Who The Police Gave Them the Legal Advice Pawan Pick Pocket Newspaper Police Was Reluctant In After The Complainant Lodging The FIR Approached Safer India The FIR Was Lodged And A Policeman Personally Came To His House To Give The Copy Of FIR Name Complaint Title Source Through Which Action Taken By Police Action Taken By Safer The Complainant Came India To Know About Safer India Sunita Dowry and Harassment Not Known Not Available The Complainant Had Compromised With Her Husband and Is Living Happily With Him So No Action Was Required Namrata Forceful and Illegal Someone Known No Action Was Taken By Safer India Connected Acquisition and Robbery Police and Police Is The Complainant With of Shop By The Previous Colluded With The The Janakpuri SHO Owner of The Shop Accused Amit Theft of Articles At Home Friend No FIR Was Lodged And The Complainant Was The Complainant Was Connected To Delhi Threatened By The Police Police Headquarters and Was Sent Reminder Again and Again. Kavita Threat To Acquire The Radio FM No FIR Was Lodged By Legal Advice Was Given Property By The Father’s The Police And No To The Complainant And Brother and His Family Action Taken She Was Guided To Approach The Court of Law To Safeguard Her Interest. Nisha Bala Tyagi Threat To Life and False Radio FM Though ACP, Rajan As The Case of The Allegation of Theft of Bhagat Helped The Complainant Is Going On Electricity By The Complainant To Some In The Court of Law, Builder Extent But Nothing Legal Advice Was Given Significant Was Done and To The Complainant. No FIR Was Lodged Name Complaint Title Source Through Which Action Taken By Police Action Taken By Safer The Complainant Came India To Know About Safer India Anoop Fraud, Cheating, Threat Newspaper When He Went To The The Complainant Was and Criminal Intimidation Police Station With Contacted and Connected By The Seller of The Somebody’s Reference With The Lawyer, Mr. Property His FIR Was Lodged But R.K. Yadav Who Gave Thereafter No Action Has The Legal Advice. Been Taken By The Police Nagesh Fraud By Putting Lock By Radio FM When He Called On 100, Connected With Some Other Person On Police Came For Mr. R.K. Yadav For Legal His House Investigation But No Advice. Further Action Was Taken and No FIR Lodged Vijay Forgery and Attempt To Newspaper No FIR Was Lodged By Mr. Naubat Ram, Safer Illegal Acquisition of The Police India Desk Manager, Property By Some Talked To And Connected Stranger, Balwant Singh The Complainant With The ASI, Mr. K.P. Singh. Rajesh Kumar Gupta Theft of Car Friend No Action Was Taken By Madam Personally Read Police Even After The His Complaint and Gave Complainant Visited The Him The Appropriate Police Station Twenty Advice. Times. FIR Was Lodged Only After He Bribed The Police Vishal Theft of Mobile Phone Radio FM FIR Was Lodged But No Matter is Under Further Action Was Taken Investigation. To Trace The Mobile Name Complaint Title Source Through Which Action Taken By Police Action Taken By Safer The Complainant Came India To Know About Safer India Arvind Goel, Ashok Illegal Encroachment of Newspaper No Action Was Taken By The Complainant Was Saini, Diwan Singh DDA Park and Criminal Police and Matter Was Connected To DCP Activities Like Chain Forwarded To The (North) And Delhi Police Snatching By ‘Jhuggi and Grievance Cell Which Headquarters. He Jhopari’ People Has Not Taken Any Expressed Thanks For Action Yet. Solving His Problem As The Cow Owners Had Left That Place. Sunil Sharma Fraud In The Society’s Through A Brochure At Police Avoided The With The Efforts of Safer Funds and Defamation By The Time of Inauguration Matter Saying That It Was India FIR Was Lodged The Ex-Manager of The of Safer India A Personal Matter of Society Their Society and Advised Them To Have A Compromise For Which They Could Help M.S. Parmar Cruel Behaviour of Police Newspaper No Action Was Taken By Safer India Followed Up On Complainant and His Police Rather Five False The Case And Put The Son Who Own A Shop FIRs Were Lodged Same Before Senior Near Police Post and Against The Complaint’s Officers To Redress The Policemen Hire His Deaf and Dumb Son Grievances Of The Services Free of Cost Complainant. Kusum Ahlluwalia Attempt On The Life of News on Television No Action Has Been Safer India Contacted An Employee of Hans Raj Taken By The Police The SHO Ashok Vihar Model School, Punjabi But The Victim Is Not Bagh By Attacking With Ready To Co-operate Acid With The Police Anudeep Mobile Snatching Friend Refused To Lodge An FIR Safer India Has Connected The Complainant With The Concerned SHO Name Complaint Title Source Through Which Action Taken By Police Action Taken By Safer The Complainant Came India To Know About Safer India Sarevare Alam (Nanhe) Threat and Harassment In Newspaper No Action Has Been Connected With Mr. R.K Order Illegally Acquire Taken By The Police Yadav, Legal Advisor for The Shop By The Rather They Threatened the legal advice. Previous Owner Him As They Are Colluded With The Accused Whose Son-in- law Who Has Some Influential Links Rashmi Kidnapping, Friend No Help Was Given By The Complainant Was Blackmailing, Illegal Police Rather The Connected To The Confinement and Breach Complainant’s Brother Lawyer, Mr. R.K. Yadav of Trust By The Was Pressurised To Give For Legal Advice Complainant’s Bother’s In Writing That He Took Wife and Her Family Dowry and The Police Who Have Made False Asked Them To Bring Allegations of Dowry Rupees Five Lacs To Against The Close The Case. The Complainant’s Family Police Is Colluded With The Accused As The Wife of The Complainant’s Brother Is Teaching The Daughter of I.G. Rohtak,. Chhaya Theft of Important Internet No Further Action Was The Case Was Taken Up Documents Like Passport Taken By Police and Only By the Police and ACP and Other Articles From The FIR Was Registered Sumit Kohar Started Car Looking In The Case Only After The Complainant Approached Safer India Name Complaint Title Source Through Which Action Taken By Police Action Taken By Safer The Complainant Came India To Know About Safer India Anil Robbery At Home Friend No Further Action Has Connected To SSP Been Taken By Police Gurgaon And DGP After The Lodging of Haryana FIR Siddhartha Srivastava Harassment And Threat Google Search The Complainant Did Safer India Advised Him By The Owner of The Not Visit The Police To First Visit The Police Illegal Parking Station Thinking That Station Police Will Not Do Anything Hema Cruelty By In-Laws After Not Known Not Known The Complainant Was The Death of Her Connected To DGP Husband (Haryana), Area SDM and All India Women’s Association and Was Given Legal Advice To Take Action Against Her In-Laws u/s 107/150 CrPC and Under Domestic Violence Act. But In spite of this when she was contacted again on phone, her father and she herself talked very rudely and were unwilling to meet us. Mahendra Bhatia Robbery At Home Newspaper FIR Was Lodged But It Connected To Delhi Contained A Fabricated Police Headquarters and Story and Police Was DCP (West) Reluctant To Follow Up The Case Name Complaint Title Source Through Action Taken By Action Taken By Which The Police Safer India Complainant Came To Know About Safer India Poonam Threat To Illegal Radio Mr. Arya of Legal Aid The Complainant Was Acquisition of House Cell Who Was Looking Connected With The By The Husband Who After Her Case Insulted Lawyer, Mr. R.K. Has Remarried Four Her In Front of Her Yadav Who Is Trying Times Without Husband And Is To Re-open Her Divorcing Her Colluded With Her Case In the Legal Aid Husband. The Cell. Complainant Never Approached The Police. Anklesh Sharma Poisoning Internet Police Is Colluded Connected With the Continuously For Days With The Accused and Legal Advisor, Mr. With Arsenic By The Ignoring His Case and R.K. Yadav for legal Complainant’s Tenant No FIR Was Registered advice. With The Help of For Three Months After Complainant’s Maid He Submitted The Servant and Driver Complaint and Got The FIR Registered Through High Court Amit Mohan Sharma, Discrimination, Radio The Complainants Connected With the Virendera Singh and Gratification and Bribe, Have Not Approached Legal Advisor, Others Malafide Intention, Police But They Mr. R.K. Yadav for Forgery In Selection Approached Anti legal advice. Procedure for Various Corruption Cell and Post In Government of Vigilance Department India Press of Which Took No Mayapuri, Faridabad, Action. They Also Ring Road, Aligarh Approached CBI Which Said in The Instant Case No CBI NUMBER OF FIRs LODGED AND NOT LODGED BY POLICE BEFORE SAFER INDIA CAME INTO PICTURE FIR Lodged By Police, 18% FIR Not Lodged By Police, 82% CASES WHERE SAFER INDIA MADE A DIFFERENCE Matter Settled, 10% Legal Advice, FIR Lodged, 30% 10% Other Actions like Connecting With Police Headquarter, Concerned DCP, ACP, SHO, AIWC etc., 50% SOURCES THROUGH WHICH THE COMPLAINANTS CAME TO KNOW ABOUT SAFER INDIA 16 14 Newspaper, 14 12 10 8 Radio, 8 Friend, 7 6 Other Sources, 5 4 Internet, 4 2 Not Known, 2 0 1 2 3 4 5 6 COMPLAINANTS INTERESTED AND NOT INTERESTED IN PURSUING THEIR CASES Not Interested, 33% Interested, 67% REASONS FOR DISINTEREST OF COMPLAINANTS IN PURSUING THE CASES 7 Shortage of Time, 6 6 5 Satisfied After Lodging of FIR, 4 4 3 2 Compromise, 1 Pressure, 1 Not Known, 1 1 0 1 2 3 4 5 STRENGTHS OF SAFER INDIA Dedicated And Efficient Support System From Different Fields Like Law, Police, Office Management, Social Work and Information Technology Acknowledgement and Forwarding of Complaints Within 24 Hours Immediate Follow Up In Case of Emergency If Any Direct Connection With the Police Headquarters And Other Concerned Authorities Through Internet Nationally Availability of Advanced Technology and Other Resources To Connect The Mails of The Complainants To The Concerned Authorities Association of Dr. (Mrs.) Kiran Bedi Which Is the Biggest Asset To This Mission LIMITATIONS OF SAFER INDIA This Is An E-Complaint System and Only Those Who Have Access To Internet And Knowledge Can Approach This Redressal System And Could Be Used More If More Awareness Is Generated Which Requires Public Relations Which Are Dependent Upon Financial Resources Cannot Compel The Police To Perform Their Duty Small Number of Volunteers Lack of Promotion of The Working of Safer India Due to Which It Cannot Reach Remoter Areas More Emphasis On English Language On The Website Which Is A Problem For An Illiterate Person SUGGESTIONS Accessibility of Hindi Version of The Website To Appoint A Representative In Every Area To Establish A Personal Contact With The Complainants Promotion Through Print and Electronic Media Talent of More Student Interns Can Be Harnessed An Attempt To Be In Touch With The Complainants For The Easy Follow Up of The Case CONCLUSION The work done under Mission Safer India shows that change can be brought in, what is required is an initiative. Youth must come forward to volunteer their services to such organisation which work for breaking the monopoly of police. What we analysed after dealing with a considerable number of cases is that police is harassing the ordinary citizens and refusing to register the cases merely in order to reduce the figures of crime rate. Police instead of acting as a helping hand to solve the problems of the poor and innocent citizens is supporting criminals who grease their palms. Policemen show reluctance in performing their duties must be answerable to public. The work Mission Safer India has undertaken, will make the police accountable to a large extent, thus, making India a safer place to live in.