DYSP BOUSSET HAS OVERSTEPPED HIS POWERS by Bebdo

The recent incident in Bicholim in which a 28-year-old woman, Geeta Pednekar, was allegedly assaulted after eviction from a disputed property is a clear case of human rights violation.

The woman and her mother were evicted from the disputed house at around 10 pm. As per the Supreme Court directives, the police cannot take into custody any woman for a civil wrong between 6 pm and 8 am.

Trespass is not such a serious offence that required the suspects to be taken to the jail and bashed up. It comes under the ambit of Indian Penal Code 442 and is defined as whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit "house-trespass".

Now, not only Bicholim SDPO DySP Bousset D’Silva ordered his forces to forcibly evict the daughter and mother from the house, but they were also taken to the police station where they were allegedly beaten up and had to be hospitalized.

Did Bousset act on the orders from a court and did he had a warrant for the same? This is a fit case for Human Rights Watch to investigate as the fundamental rights of these two women were denied to them. Even if they had been arrested for some offence, did the police give them an opportunity to contact their lawyer or their near and dear ones at the time of arrest?

The very fact that Geeta Pednekar had to be hospitalized and an ambulance had to be called to take her to the hospital indicates that she was brutalized at the police station.

Police Act of 1861, under which police function in India, assigns a very narrow, reactive role of maintenance of order and prevention and detection of crime to police; excluding police participation in any proactive social role and always bring police into contact with the people in an adversarial and restraining role.

Though not sanctioned by law, police in Goa have been used to protect the interests of politicians in power. Was the police acting on behalf of some politicians or were they bribed to evict these two women?

In a civilised society, the way the police organisation functions, truly reflects the values and norms of the society. Criminalisation of political processes, unabashed use of violence to achieve political ends and complete disregard for the rule of law by those in authority, have cumulatively created an atmosphere of lawlessness conductive to violation of Human Rights.

During, the processes of the physical attack on Geeta Pednekar, the police have violated the fundamental rights including the Right of Life, Liberty and Security of Person.

The violent and criminal actions of the police constitute malicious prosecution for which DySP Boussuet should be held accountable.

Boussuet is known as one of the most corrupt officers who was once suspended for acts of commissions and omissions when he was in Cuncolim police station. He is also alleged to have hushed up more serious crimes. Such extra-judicial police officers should be censured and taken to task.

If the government doesn’t take any action, then the people of Goa should start a signature campaign and send a petition to Human Rights Watch. Goans are not living in a medieval era and the dictum of might is right will not work with the enlightened civil society of Goa.