Search This Blog

Showing posts with label police. Show all posts
Showing posts with label police. Show all posts

Tuesday 3 March 2015

The economic case for legalising cannabis


The public wants it and it would be good for the economy. Why has the law not been changed?

Paul Birch in The Telegraph

Channel 4’s Drugs Live programme promises to examine what cannabis does to the brain. Many of us have already seen the clips of Jon Snow struggling after a massive dose of high strength marijuana (the equivalent of forcing a teetotaller to down a bottle of vodka and then asking him how he feels).

But beyond the effects of cannabis on the brain, isn’t it time for a wider discussion on the potential effects of safe, regulated cannabis consumption on society?

How much is cannabis worth these days? According to the Institute for Economic and Research, up to £900m could be raised annually through taxation of regulated cannabis market.

Meanwhile £361 million is currently spent every year on policing and treating users of illegally traded and consumed cannabis.

It seems a lot to spend on punishing people for an activity most of us barely believe should be a crime any more. And that’s even before one factors in the potential benefit legalisation and regulation of cannabis could have for the UK exchequer.

Then, there is the job creation potential. In Colorado, which legalised marijuana at the beginning of 2014, 10,000 now work in the marijuana industry: growing and harvesting crops, working in dispensaries, and making and selling equipment. Crime has fallen: in the first three months after legalisation in Denver, the city experienced a 14.6 per cent drop in crime and specifically violent crime is down 2.4 per cent. Assaults were down by 3.7 per cent.

This reduction led to further savings and allowing stretched police forces to concentrate on more serious issues. Meanwhile, cannabis use by young people actually decreased, an uncomfortable fact for prohibitionists who argue that legalisation would simply encourage more teens to take up cannabis.

In an age when every penny of government spending is fought for, the demonstrated potential savings and revenues at very least deserve serious investigation. Revenue raised from a regulated cannabis trade could be directed towards education on safe use of cannabis.

That’s why the next government – regardless of who it is led by, should set up a Royal Commission into drug legislation.

Why a Royal Commission? Because I firmly believe this is a way forward for our fractured politics. A non-partisan commission can help politicians take hold of an issue and look at the evidence beyond the fears of being blindsided by attacks from the other side. Parties can agree to participate, evidence can be heard, everyday people can submit and read facts, opinions and analysis: it’s a real opportunity to create the “evidence-based policy” to which every party claims they aspire.

Major party leaders are reluctant to grasp the nettle of drug legislation. It’s understandable, given the current association of drugs with criminality. Half of people in the UK think cannabis contributes to street crime. But this association is inevitable as long as cannabis itself is illegal. Only a dispassionate discussion on the merits of cannabis legalisation and regulation can break that link.

Cista is standing for election on this issue because we believe the practical evidence has reached tipping point. Legalisation and regulation of cannabis can benefit the economy, lift the burden on the criminal justice system, encourage education about healthy, informed choices, and help recreational and medicinal cannabis users to enjoy a clean, safe product without being forced to engage with the underworld. Cannabis in itself is not the problem: our current law is. And we’re all paying the price.

Sunday 9 March 2014

The Met's problem isn't bad apples, it's the whole barrel. Abolish it


After Stephen Lawrence, Ian Tomlinson and countless other scandals, it's clear the Metropolitan police is institutionally rotten. London deserves better
krauze owen
'It's all over for the Met.' Illustration by Andrzej Krauze
If hacking someone's voicemail is a gross invasion of privacy, what words are left to describe agents of the state with fake identities having sex with women they're spying on? One activist who had a child with the undercover police officer Bob Lambert has offered four words: "raped by the state". She is among a group of women activists currently fighting attempts by the Met to sabotage their quest for truth and justice. If phone hacking provoked anger, the use of police spies should chill.
But police spies stealing the identities of dead children and duplicitously sharing the homes, beds and lives of women is only the latest in a string of damning scandals about the Metropolitan police: Stephen Lawrence, and the Macpherson report's subsequent conclusion that the Met is institutionally racist; a stop-and-search policy that discriminates against black people; deaths in police custody; the shooting of Jean Charles de Menezes; the unlawful killing of Ian Tomlinson; the treatment of protesters as social problems to be contained; the stitching up of a Tory heavyweight.
Each scandal is examined in isolation, treated as the action of rogue officers. But together they suggest an institutionally rotten system. Londoners need a force devoted to protecting their security, which treats all sections of the community equally, and which enjoys the consent and trust of everyone. Currently they do not have one, and so it must be built on new foundations.
This is a suggestion that will infuriate some, not least Met officers. Easy for a columnist, issuing grand proclamations behind the safety of his desk. Met officers, on the other hand, are taking rapists and killers off the streets, putting their lives in danger as they do so. More than 3,000 British police officers are injured a year; about 800 seriously. But this is not about individuals: it's the system that is the problem, and it traps good and bad officers alike.
The government has finally announced an inquiry into police spies, driven on by the revelation that a police force supposed to be solving the murder of Stephen Lawrence was actually spying on his grieving family. But Doreen Lawrence is right to state that police failings go to "the highest level", and the Macpherson report's damning conclusion – that the Met is "institutionally racist" – is as true as ever.
Doreen Lawrence Owen Doreen Lawrence, the mother of Stephen Lawrence, 'is right to state that police failings go to the highest level'. Photograph: Andy Rain/EPA

I've never been randomly stopped and searched by a police officer, but I've met plenty of young black men who have. The experience varies: sometimes officers are almost apologetic, other times full of intimidation and aggression. The evidence shows that black people are significantly less likely to use drugs, and yet black Londoners are six times more likely to be stopped on suspicion of possession. It is difficult to conclude that this is anything but racism.
It is not just black Londoners who have described the Met as "the biggest gang around here": senior officers have self-described as such. "You might have 100 people in your gang," publicly declared Chief Inspector Ian Kibblewhite, of Enfield police, in 2012. "We have 32,000 people in our gang. It's called the Metropolitan police." But a "gang" does not serve a community: it has a turf, a demand for prestige and status, a desire to smash enemies.
When Andrew Mitchell was stitched up by Met officers, the lesson was frightening and instructive. The number of officers involved – including PC Keith Wallis, jailed for falsely claiming to have witnessed the infamous bicycle incident – must give pause to those who think it is a story of "bad apples". If an upper-middle-class Conservative cabinet minister can be stitched up, what hope for the rest of us? It is a point he has passionately and rightly made himself.
A story of conspiracy and cover-up is all too familiar, although other victims do not enjoy anything approaching the power and influence of a Conservative chief whip. There have been 82 black and minority ethnic deaths following contact with the Metropolitan police since 1990, and not a single successful prosecution. Among them is Sean Rigg, a black musician who died in Brixton police station in 2008; four years later, an inquest jury found that police had used unnecessary force against him. It was in stark contrast to initial police claims, and – after a prolonged fight by Rigg's family – three officers were arrested on suspicion of perjury.
When the newspaper vendor Ian Tomlinson died after being thrown to the ground in 2009 at the G20 protests by PC Simon Harwood, the initial police narrative – faithfully repeated by so many news outlets – blamed protesters, claiming that officers coming to his help were bombarded with "bricks, bottles and planks of wood". It was all lies, and symptomatic of a force that saw protest as something that had to be contained, not facilitated. Young people had been patronised as the apathetic "X Factor generation": when they mobilised on the streets, they were met with batons and kettles.
What would a new police force look like? That should be left to a royal commission – headed by an independent figure, not an establishment patsy – which calls evidence from all sections of the community. Structures, training, forms of accountability: all need to be designed from scratch. It needs to be a body stripped of prejudice and bigotry, that defends hard-won democratic freedoms, as well as protecting people's security. It is all over for the Met, and time to debate the police force that London deserves.

Tuesday 4 February 2014

Did an undercover cop help organise a major riot?

The wrongly convicted activist John Jordan claims the Met helped plan serious civil disorder. An independent public inquiry is now vital
Rioters
Protesters attack a McDonald's in the City of London during the J18 Carnival Against Global Capitalism on 18 June 1999. Photograph: Sinead Lynch/EPA
From the Stephen Lawrence inquiry we learned that the police were institutionally racist. Can it be long before we learn that they are also institutionally corrupt? Almost every month the undercover policing scandal becomes wider and deeper. Today I can reveal a new twist, which in some respects could be the gravest episode yet. It surely makes the case for an independent public inquiry – which is already overwhelming – unarguable.
Before I explain it, here's a summary of what we know already. Thanks to the remarkable investigations pursued first by the victims of police spies and then by the Guardian journalists Rob Evans and Paul Lewis (whose book Undercover is as gripping as any thriller), we know that British police have been inserting undercover officers into protest movements since 1968. Their purpose was to counter what they called subversion or domestic extremism, which they define as seeking to "prevent something from happening or to change legislation or domestic policy … outside the normal democratic process". Which is a good description of how almost all progressive change happens.
Most of the groups whose infiltration has now been exposed were non-violent. Among them were the British campaign against apartheid in South Africa, the protest movements against climate change, people seeking to expose police corruption and the campaign for justice for the murdered black teenager Stephen Lawrence. Undercover officers, often using the stolen identities of dead children, worked their way into key positions and helped to organise demonstrations. Several started long-term relationships with the people they spied on. At least two fathered children with them.
Some officers illegally used their false identities in court. Some acted as agents provocateurs. Seldom did they appear to be operating in the wider interests of society. They collected intelligence on trade unionists that was passed to an agency which compiled unlawful blacklists for construction companies, ensuring that those people could not find work. The policeman who infiltrated the Stephen Lawrence campaign was instructed by his superiors to "hunt for disinformation" about the family and their supporters that could be used to undermine them. When their tour of duty was over, the police abandoned their partners and their assumed identities and disappeared, leaving a trail of broken lives. As the unofficial motto of the original undercover squad stated, it would operate By Any Means Necessary.
The revelations so far have led to 56 people having their cases or convictions overturned, after police and prosecutors failed to disclose that officers had helped to plan and execute the protests for which people were being prosecuted. But we know the names of only 11 spies, out of 100-150, working for 46 years. Thousands of people might have been falsely prosecuted.
So far there have been 15 official inquiries and investigations. They seem to have served only to delay and distract. The report by Sir Christopher Rose into the false convictions of a group of climate change protesters concluded that failures by police and prosecutors to disclose essential information to the defence "were individual, not systemic" and that "nothing that I have seen or heard suggests that … there was any deliberate, still less dishonest, withholding of information". Now, after an almost identical case involving another group of climate activists, during which the judge remarked that there had been "a complete and total failure" to disclose evidence, Rose's findings look incredible.
The biggest inquiry still running, Operation Herne, is investigating alleged misconduct by the Metropolitan police. Of its 44 staff, 75% work for, er, the Metropolitan police. Its only decisive action so far has been to seek evidence for a prosecution under the Official Secrets Act of Peter Francis, the police whistleblower who has revealed key elements of this story. This looks like an attempt to discourage him from testifying, and to prevent other officers from coming forward.
Bad enough? You haven't heard the half of it. Last week, the activist John Jordan was told his conviction (for occupying the offices of London Transport) would be overturned. The Crown Prosecution Service refuses to reveal why, but it doubtless has something to do with the fact that one of Jordan's co-defendants turns out to have been Jim Boyling, a secret policeman working for the Met, who allegedly used his false identity in court.
Jordan has now made a further claim. He alleges that the same man helped organise a street party that went wrong and turned into the worst riot in London since the poll tax demonstrations. The J18 Carnival Against Global Capitalism on 18 June 1999 went well beyond non-violent protest. According to the police, 42 people were injured and over £1m of damage was done. One building was singled out: the London International Financial Futures Exchange (Liffe), where derivatives were traded. Though protesters entered the building at 1.40pm, the police did not arrive until 4.15pm.
After furious recriminations from the Lord Mayor and the people who ran the Liffe building, the City of London police conducted an inquiry. It admitted that their criticisms were justified, and that the police's performance was "highly unsatisfactory". The problem, it claimed, was that the police had no information about what the targets and plans of the protesters would be, and had no idea that Liffe was in the frame. The riot was "unforeseen".
Jordan was a member of "the logistics group that organised the tactics for J18. There were about 10 of us in the group and we met weekly for over six months." Among the other members, he says, was Boyling. "The 10 of us … were the only people who knew the whole plan before the day itself and who had decided that the main target would be Liffe." Boyling, he alleges, drove one of the two cars that were used to block the road to the building.
It is hard to think of a more serious allegation. For six months an undercover officer working for the Metropolitan police was instrumental in planning a major demonstration, which ended up causing injuries and serious damage to property. Yet the police appear to have failed to pass this intelligence to the City of London force, leaving the target of the protest unprotected.
Still no need for an independent public inquiry? Really?

Tuesday 19 November 2013

Police are cracking down on students

Police are cracking down on students – but what threat to law and order is an over-articulate history graduate?

For most of my life student politics has been little more than a joke. Suddenly it's become both serious and admirable
Student protest
A protester against the proposed closure of the ULU student union last week. Photograph: Paul Davey/Demotix/Corbis
Why are some of the most powerful people in Britain so terrified of a bunch of students? If that sounds a ridiculous question, consider a few recent news stories. As reported in this paper last week, Cambridge police are looking for spies to inform on undergraduate protests against spending cuts and other "student-union type stuff". Meanwhile, in London last Thursday, a student union leader, Michael Chessum, was arrested after a small and routine demo. Officers hauled him off to Holborn police station for not informing them of the precise route of the protest – even though it was on campus.
The 24-year-old has since been freed – on the strict condition that he doesn't "engage in protest on any University Campus and not within half a mile boundary of any university". Even with a copy of the bail grant in front of me, I cannot make out whether that applies to any London college, any British university – or just any institute of higher education anywhere in the world. As full-time head of the University of London's student union, Chessum's job is partly to protest: the police are blocking him from doing his work. But I suppose there's no telling just what threat to law and order might be posed by an over-articulate history graduate.
While we're trawling for the ridiculous, let us remember another incident this summer at the University of London, when a 25-year-old woman was arrested for the crime of chalking a slogan on a wall. That's right: dragged off by the police for writing in water-soluble chalk. Presumably, there would have been no bother had she used PowerPoint.
It all sounds farcical – it is farcical – until you delve into the details. Take the London demo that landed Chessum in such bother: university staff were filming their own students from a balcony of Senate House (the building that inspired the Ministry of Truth in Orwell's Nineteen Eighty-Four, appropriately enough). Such surveillance is a recent tradition, the nice man in the University press office explains to me – and if the police wanted the footage that would be no problem.
That link with the police is becoming increasingly important across more and more of our universities. London students allege that officers and university security guards co-ordinate their attempts to rein in demonstrations while staff comment on the increased police presence around campus. At Sussex, student protests against outsourcing services were broken up this April, when the university called in the police – who duly turned up with riot vans and dogs. A similar thing happened at Royal Holloway university, Surrey in 2011: a small number of students occupied one measly corridor to demonstrate against course closures and redundancies; the management barely bothered to negotiate, but cited "health and safety" and called in the police to clear away the young people paying their salaries.
For most of my life, student politics has been little more than a joke – the stuff of Neil off the Young Ones, or apprentice Blairites. But in the past few years it has suddenly become both serious and admirable, most notably with the protests of 2010 against £9,000 tuition fees and the university occupations that followed. And at just that point, both the police and university management have become very jumpy.
For the police, this is part of the age-old work of clamping down on possible sources of civil disobedience. But the motivation for the universities is much more complicated. Their historic role has been to foster intellectual inquiry and host debate. Yet in the brave new market of higher education, when universities are competing with each other to be both conveyor belts to the jobs market and vehicles for private investment, such dissent is not only awkward – it's dangerously uncommercial. As Andrew McGettigan, author of The Great University Gamble, puts it: "Anything too disruptive gets in the way of the business plan."
Last month it appeared that Edinburgh University had forced its student union to sign a gagging clause (now withdrawn). No union officer is allowed to make any public criticism of the university without giving at least 48 hours' notice. University managers reportedly made that a deal-breaker if the student union was to get any funds.
The managers of the University of London want to shut down the student union at the end of this academic year. The plan – which is why Chessum and co were marching last week – is to keep the swimming pool and the various sports clubs, but to quash all university-wide student representation. After all, the students are only the people paying the salary of the university vice-chancellor, Adrian Smith – why should they get a say? The plan, it may not surprise you to learn, was drawn up by a panel that didn't number a single student. What with sky-high fees and rocketing rents in the capital, you might think that the need for a pan-London student body had never been higher. But then, you're not a university manager on a six-figure salary.
Where universities were historically places of free expression, now they are having to sacrifice that role for the sake of the free market. For students, that comes in the form of a crackdown on dissent. Yet the twentysomethings at university now will end up running our politics, our businesses and our media. You might want these future leaders to be questioning and concerned about society. Or you might wonder whether sending in the police to arrest a woman chalking a wall is proportionate. Either way, you should be troubled.

Sunday 15 September 2013

Sreesanth ban 'against principles of natural justice'

Nagraj Gollapudi in Cricinfo

Sreesanth's legal counsel has called the life ban imposed by the BCCI "bizarre", against the principles of natural justice and unlikely to stand legal scrutiny, and said the player would challenge the ban in court once he received a copy of the order. A day after Sreesanth was handed the ban by the BCCI's disciplinary committee, his counsel Rebecca John said the biggest flaw was the report drew heavily on the police findings in the criminal case, which itself is yet to reach a verdict.
The sanctions were based on the report compiled by the board's anti-corruption commissioner Ravi Sawani.
"The [BCCI] order is completely against the principles of natural justice," John told ESPNcricinfo. If Sawani had relied so heavily on the findings of Delhi Police, she said, then the least he and the BCCI should have done was wait for the final verdict by the Patiala House Court in Delhi, which is hearing the case.
------
Also read

Sreesanth - Another modern day Valmiki?


-----

"It has based its findings on personal interactions with members of Delhi Police as well as taken material from the chargesheet that has been filed by the police before a sessions court. If that is so then they should have waited for the court to determine whether or not any of this holds up in legal proceedings. They just picked up conversations they had with members of Delhi Police where they said Sreesanth and other members of the cricketing community confessed before them. It is a very, very loose report with little or no substance in it," John, who was hired by Sreesanth as soon as Delhi Police arrested him on corruption charges during the IPL in May, said.
She pointed out that the evidence produced by Delhi Police against all the Rajasthan Royal players was found to be insufficient to keep them in custody - the sessions court has granted bail to all of them, including Sreesanth. "The fact is that the sessions court has released players on bail and said none of this adds up as a case. [The court said] it is very, very tenuous - the link between whatever bookie you are saying had a role to play and the players, particularly Sreesanth, and granted him bail. And then this BCCI's one-man committee says that Sreesanth is guilty of spot-fixing and hands over a life sentence to him. Not only is it is excessive, it is completely contrary to all principles of natural justice."
John said that from what she had read of his report on the internet, Sawani's findings, especially on Sreesanth, never added up to a case. "How does he come to a conclusion? By having personal conversations with police officials. And you are basing your findings on these?"
In his report Sawani had noted that he listened to and read the transcripts of audio tapes in possession of Delhi Police of conversations between Sreesanth and the alleged bookie. "If you want to read these audio tapes, which are part of the Delhi Police [evidence] in a criminal trial, the link is so tenuous. You will believe it only because the Special Cell of Delhi Police is saying you will have to believe it in a particular way. In any case these are allegations which have to be assessed, processed and a finding has to be determined by a court of law," John said.
According to John Sreesanth is on bail only because "prima facie" Delhi Police had not managed to press a foolproof case against him. "The only reason the life ban was imposed - Mr Srinivasan was very keen to tell the public and the people of India he was treating [the issue] with a heavy hand and some people had to be made scapegoats," John said.
"What is more annoying form the point of the view of the players is that they have let the big fish get away. What happens to Mr Srinivasan. He is owner of Chennai Super Kings and there is a case of conflict of interest pending in the Supreme Court against him. The Bombay High Court recently had called the two-member committee illegal after it cleared Gurunath Meiyappan and Raj Kundra [part of Chennai Super Kings and Rajasthan Royals] from corruption charges.
"Now when the BCCI, of which Srinivasan is the de facto or de jure head, conducts itself in this kind of fashion and then it hands over these sentences to players, who are soft targets, it is a little bizarre," John said.

Tuesday 3 September 2013

The political overlords of a violent underclass


RAJRISHI SINGHAL in the hindu
  
THE HINDU

Skewed growth is pushing the marginalised into the arms of waiting netas who turn them into tools of violence


The rape of a photojournalist in midtown Mumbai has revived public indignation and the debate that followed the brutal and barbaric rape of a young Delhi girl in December 2012. Amidst much hand-wringing and a rerun of inanities over national television, talking heads seem to have once again missed the central narrative — the rising tide of assorted violent acts, the political patronage (both explicit and implicit) that’s sponsoring it and how rape might be an integral part of this hostile environment. What’s more, the horrific incidents of rape continue unabated.

As India staggers from a semi-feudal society to one that’s embracing a strange (and hybrid) version of capitalism, violence in its myriad forms has emerged as the dominant template. The repertoire of violence has graduated from booth-capturing during elections to assassinating political opponents (including whistle-blowers), from vandalising art shows to rape and murder. And the culprits seem to be getting away each time. While the government continues to attract a large share of public censure for its inaction, the blame should ideally lie with the entire political class. It is this section of society, and the trajectory of its evolution, which seems to be strengthening the foundations of violence in our society. Every political party today — across all aisles and the entire spectrum — has to maintain a large army of warm bodies, described variously as “lumpen proletariats,” or “lumpens” or “the underclass,” for implementing its dirty tricks.

In simple terms, these are people thought to inhabit the space below the working class. Social scientists use the term to describe anybody who lives outside the pale of the formal wage-labour system. Disenfranchised and conventionally unemployable, political parties use these people to commit acts — most of which are outright criminal — to improve its own popularity and election prospects.

Becoming invincible

When utilised by political parties as the blunt edge of a bludgeon, this section of society acquires a modicum of invincibility. Given the large-scale subversion of the police force by politicians, lumpens have acquired a sense of daredevilry, a brazen approach to law and order. Immunity from arrests and indifference towards due process of law has invested them with a special feeling of invulnerability.

Some of this imperviousness is inevitable as criminals, or individuals with criminal accusations, become elected representatives themselves. This is a disease that afflicts all political parties. According to the Association for Democratic Reforms, 1,448 of India’s 4,835 MPs and State legislators have declared criminal cases against them. In fact, 641 of these 1,448 are facing serious charges like murder, rape and kidnapping.

The violence is also reflective of the pushing and jostling for elusive entitlements, a handmaiden of the stop-go model of development pursued by India. Asynchronous development of the economy and its institutions often lead to the privileged sections of society cornering disproportionate gains, resulting in discontent among the less fortunate. This then becomes a fertile hunting ground for political dividends. As the economy staggers through a new model of development without overhauling the outdated feudal structure — that still discriminates on the basis of caste, sex, class — missed opportunities and unrealised aspirations push many of the deprived into the arms of opportunist politicians.

Divested of education and employment opportunities, bereft of basic health facilities, exploited by the powerful and ignored by society, the underclass can only turn to political warlords for not only survival but to also actualise their dreams and aspirations. They become the shadow army, the heaving underbelly that the urban middle class doesn’t want to talk about.

Writing in the newspaper Business Standard, T.N. Ninan described the men behind the Delhi rape: “The men who raped and killed...have biographies that are starkly different. Their families may not have been from backgrounds vastly different from that of the girl’s father; they too were mostly one generation removed from villages in North Indian states. But they fell through the cracks in the Indian system — cracks that are so large that they are the system itself.”

To be sure, the combination of economic prosperity for a select few and abject poverty for large sections of the population is a guaranteed recipe for social combustion. When privilege, or nepotism, determines access to scarce resources, conflict is bound to erupt. Inequality, of any kind, remains the spring-well for all conflicts.

Violence is also a way of ensuring maintenance of this privilege. On the day of the Mumbai rape incident, a Shiv Sena MLA abused and threatened women employees of a toll booth in Maharashtra. About a fortnight ago, Shiv Sena and Maharashtra Navnirman Sena party workers beat up North Indian migrant workers in Kolhapur at random as a protest against the rape of a five-year-old allegedly by a labourer from Jharkhand. Not very long ago, a fringe, religio-political outfit in Mangalore, Karnataka, used the excuse of moral offence to inflict violence against young boys and girls. A senior police officer in Uttar Pradesh was shot dead — allegedly by associates of a local politician — when investigating a land dispute.

Police reforms

If these examples of violence seem random and arbitrary, here is the simple truth: if you can dream up any imaginary offence against any section of society, contemporary Indian political grammar gives you the licence to inflict violence against that segment. In the meantime, certain law officers and do-gooders wanting to eradicate rape and sexual crimes from society seem intent on examining the wrong end of a telescope: they are contemplating a ban on pornography.

What’s even more unfortunate is that the police look on helplessly, since their career progression is tied closely to the moods of political masters orchestrating these unorganised armies. Sometimes, they refuse to act even against political goons out of power because who knows what hand will be dealt during the next election.

There have been numerous suggestions and various committee reports on how to reform the police force. The Supreme Court in 2006 had also suggested seven measures to improve the police force. But like all other tough decisions, the government swept this too under the carpet. In addition, lack of proper investigation and poor documentation by the police often forces the judiciary to put criminals back on the streets even before you can say Amar-Akbar-Anthony. As a result, the fear of law ceases to exist.

Growing intolerance

Another form of violent behaviour is now finding sanction from political parties across ideological divides — a new-found love for banning painters, authors, film-makers, etc. Political parties find justifications for banning any art form, using hired goons — who have perhaps never been acquainted with the contentious piece of work — to vandalise and wreak havoc. Recently, supporters of a right wing party vandalised an art show in Ahmedabad for exhibiting works of Pakistani artists. A political party has to only utter indignant statements about any creative work and a ban is immediately enforced. Canada-based, Indian-born writer Rohinton Mistry’s award winning book Such a Long Journey was hurriedly removed from Mumbai University’s syllabus after similar protests. Violence takes many forms and unfortunately India has become home to most of these varieties: imported terrorism, domestic violence, female foeticide, armed insurgency, criminal activity, communal acts, oppression (of caste or gender), etc. While politics does have an indirect role in promoting domestic violence or some criminal activities, its fingerprints are all too visible in all the other forms of violence perpetrated in the country. It’s surprising that a country which gained independence from colonial powers through the instrument of non-violence should today exhibit such a preponderance of violence in its daily life.

But what is baffling is how, increasingly, rape is committed without any fear of legal reprisal or the extent of punishment that might be meted out. Sample the West Bengal government’s reluctance to prosecute party workers accused of rape. It is therefore not surprising that increasing incidents of mindless violence and sexual assaults are being reported from across the country. Judicial commissions and committees are slowly drawing attention to this aberrant social phenomenon: political sanction for violence.

Verma report

The Justice Verma Committee castigates the political class in its report for pandering to chauvinistic and patently anti-women organisations (such as khap panchayats). The committee also pans the political class for ignoring the rights of women since Independence: “Have we seen an express denunciation by Parliament to deal with offences against women? Have we seen the political establishment ever discuss the rights of women and particularly access of women to education and such other issues over the last 60 years in Parliament? We find that over the last 60 years the space and the quantum of debates which have taken place in Parliament in respect of women’s welfare has been extremely inadequate.”

A licence to kill should ideally live only in fiction. A free hand to maim or murder has created a fascist mindset, a mental construct that is at odds with the aspirations of an ancient civilisation trying to find a place on the high table of the modern, free world. It is often argued that the first step in evolving sustainable solutions probably lies in creating independent institutions. But, that might not be enough. As Nobel Prize winning economist and philosopher Amartya Sen has said in his book The Idea of Justice, the existence of democratic institutions is no guarantee of success. “It depends inescapably on our actual behaviour patterns and the working of political and social interactions.

The first step then might be to provide everybody with equal opportunity — access to education, employment, health care, basic infrastructure (like water or power) — and to overhaul the political system itself by reforming campaign finance.

Wednesday 21 August 2013

So the innocent have nothing to fear?

After David Miranda we now know where this leads

The destructive power of state snooping is on display for all to see. The press must not yield to this intimidation
Eye graffiti
'But it remains worrying that many otherwise liberal-minded Britons seem reluctant to take seriously the abuses revealed in the nature and growth of state surveillance.' Photograph: Yannis Behrakis/Reuters
You've had your fun: now we want the stuff back. With these words the British government embarked on the most bizarre act of state censorship of the internet age. In a Guardian basement, officials from GCHQ gazed with satisfaction on a pile of mangled hard drives like so many book burners sent by the Spanish Inquisition. They were unmoved by the fact that copies of the drives were lodged round the globe. They wanted their symbolic auto-da-fe. Had the Guardian refused this ritual they said they would have obtained a search and destroy order from a compliant British court.
Two great forces are now in fierce but unresolved contention. The material revealed by Edward Snowden through the Guardian and the Washington Post is of a wholly different order from WikiLeaks and other recent whistle-blowing incidents. It indicates not just that the modern state is gathering, storing and processing for its own ends electronic communication from around the world; far more serious, it reveals that this power has so corrupted those wielding it as to put them beyond effective democratic control. It was not the scope of NSA surveillance that led to Snowden's defection. It was hearing his boss lie to Congress about it for hours on end.
Last week in Washington, Congressional investigators discovered that the America's foreign intelligence surveillance court, a body set up specifically to oversee the NSA, had itself been defied by the agency "thousands of times". It was victim to "a culture of misinformation" as orders to destroy intercepts, emails and files were simply disregarded; an intelligence community that seems neither intelligent nor a community commanding a global empire that could suborn the world's largest corporations, draw up targets for drone assassination, blackmail US Muslims into becoming spies and haul passengers off planes.
Yet like all empires, this one has bred its own antibodies. The American (or Anglo-American?) surveillance industry has grown so big by exploiting laws to combat terrorism that it is as impossible to manage internally as it is to control externally. It cannot sustain its own security. Some two million people were reported to have had access to the WikiLeaks material disseminated by Bradley Manning from his Baghdad cell. Snowden himself was a mere employee of a subcontractor to the NSA, yet had full access to its data. The thousands, millions, billions of messages now being devoured daily by US data storage centres may be beyond the dreams of Space Odyssey's HAL 9000. But even HAL proved vulnerable to human morality. Manning and Snowden cannot have been the only US officials to have pondered blowing a whistle on data abuse. There must be hundreds more waiting in the wings – and always will be.
There is clearly a case for prior censorship of some matters of national security. A state secret once revealed cannot be later rectified by a mere denial. Yet the parliamentary and legal institutions for deciding these secrets are plainly no longer fit for purpose. They are treated by the services they supposedly supervise with falsehoods and contempt. In America, the constitution protects the press from pre-publication censorship, leaving those who reveal state secrets to the mercy of the courts and the judgment of public debate – hence the Putinesque treatment of Manning and Snowden. But at least Congress has put the US director of national intelligence, James Clapper, under severe pressure. Even President Barack Obama has welcomed the debate and accepted that the Patriot Act may need revision.
In Britain, there has been no such response. GCHQ could boast to its American counterpart of its "light oversight regime compared to the US". Parliamentary and legal control is a charade, a patsy of the secrecy lobby. The press, normally robust in its treatment of politicians, seems cowed by a regime of informal notification of "defence sensitivity". This D-Notice system used to be confined to cases where the police felt lives to be at risk in current operations. In the case of Snowden the D-Notice has been used to warn editors off publishing material potentially embarrassing to politicians and the security services under the spurious claim that it "might give comfort to terrorists".
Most of the British press (though not the BBC, to its credit) has clearly felt inhibited. As with the "deterrent" smashing of Guardian hard drives and the harassing of David Miranda at Heathrow, a regime of prior restraint has been instigated in Britain whose apparent purpose seems to be simply to show off the security services as macho to their American friends.
Those who question the primacy of the "mainstream" media in the digital age should note that it has been two traditional newspapers, in London and Washington, that have researched, co-ordinated and edited the Snowden revelations. They have even held back material that the NSA and GCHQ had proved unable to protect. No blog, Twitter or Facebook campaign has the resources or the clout to confront the power of the state.
There is no conceivable way copies of the Snowden revelations seized this week at Heathrow could aid terrorism or "threaten the security of the British state" – as charged today by Mark Pritchard, an MP on the parliamentary committee on national security strategy. When the supposed monitors of the secret services merely parrot their jargon against press freedom, we should know this regime is not up to its job.
The war between state power and those holding it to account needs constant refreshment. As Snowden shows, the whistleblowers and hacktivists can win the occasional skirmish. But it remains worrying that many otherwise liberal-minded Britons seem reluctant to take seriously the abuses revealed in the nature and growth of state surveillance. The arrogance of this abuse is now widespread. The same police force that harassed Miranda for nine hours at Heathrow is the one recently revealed as using surveillance to blackmail Lawrence family supporters and draw up lists of trouble-makers to hand over to private contractors. We can see where this leads.
I hesitate to draw parallels with history, but I wonder how those now running the surveillance state – and their appeasers – would have behaved under the totalitarian regimes of the 20th century. We hear today so many phrases we have heard before. The innocent have nothing to fear. Our critics merely comfort the enemy. You cannot be too safe. Loyalty is all. As one official said in wielding his legal stick over the Guardian: "You have had your debate. There's no need to write any more."
Yes, there bloody well is.

Monday 19 August 2013

Kanwal Bharti's Facebook Like - Nothing here to arrest

The Hindu



















Mixed signals emanating from the Supreme Court have done little to strengthen efforts to protect free speech online. Last week, the court rightly hauled up the Uttar Pradesh government over its arrest of scholar and writer Kanwal Bharti for his Facebook post criticising the suspension of IAS officer Durga Shakti Nagpal. The same day, however, the SC refused to stay the implementation of the Information Technology (Intermediaries Guidelines) Rules, 2011, which require websites to take down objectionable material posted by third-party users within 36 hours of being notified of the need to do so. Although the two incidents which drew the Court’s attention are separate, they point to a larger, systemic problem: the ultimate arbiter of what constitutes offensive online content is the executive. In practice, that means touchy politicians and trigger-happy policemen. Given that the imposition of penal laws falls within the domain of States, it was ill-advised for the Supreme Court to have left the IT Act’s implementation to them without framing clear guidelines. States have seized on this legal vacuum to use the Indian Penal Code and the IT Act to clamp down on dissent.
Kanwal Bharti’s case highlights this problem. The policemen who arrested him were acting on a criminal complaint filed by a close aide of Samajwadi Party (SP) leader and local MLA Azam Khan. Thanks to a simple Facebook post, Mr. Bharti was charged under Sections 153 and 295A of the IPC — the latter, like Section 66A of the IT Act, is a cognizable offence that requires no warrant — for “wanton provocation with intent to cause riots” and insulting religious sentiments. As if these ludicrous charges were not enough, the SP has egged on Muslim clerics in the area to demand the writer be booked under the National Security Act. The Supreme Court’s intervention comes not a moment too soon — but the judiciary needs to realise that Mr. Bharti’s harassment was made possible thanks to the discretion governments exercise in regulating cyberspace. That the court is inclined to view the IT intermediary rules favourably does not bode well for social media sites, on whom the United Progressive Alliance government has launched an assault for their hosting of politically sensitive content. The unfortunate fact remains that the implementation of penal provisions has not been tweaked to reflect the constitutional rights of “netizens” in India. The Supreme Court has a chance to set this record straight: in its verdict on S. 66A, expected later this year, it should strike down the provision while setting a higher bar for invoking penal provisions in the IPC and other statutes against internet content.