DEATH IN POLICE CUSTODY

STATISTICS OF DEATH IN POLICE CUSTODY

TORTURE

DEATH BY TORTURE 415 persons died in the custody of police and security forces due to

torture during 1985-91

The Government itself admitted in Rajya Sabha that 46 persons died in police custody due to torture within three months that is January to march 1993 in Delhi alone.

As per the crime statistics of the year 2002 published by NCRB, 84 custodial deaths were reported, 34 cases were registered, 32 policeman were charge-sheeted

NCRB 2002: 84 CUSTODIAL DEATH, 34 CASES REGISTERED, 32 POLICE WERE CHARGE SHEETED.

JAN-MAR 1993: 46 PERSONS DIED IN POLICE CUSTODY IN DELHI.

1985-91: 415 PERSONS DIED IN THE CUSTODY OF POLICE DUE TO TORTURE

DEATH IN JUDICIAL CUSTODY

POLICE HARASSEMENTThe Commission on 9 May 2001, reiterated the underlying principle and object

of enacting section 18 (3) in The Protection of Human Rights Act 1993.

i. The object of section 18(3) of the Act is to provide immediate interim relief in a case where strong prima facie case of violation of Human Rights, has been made out.

ii. A welfare state recognising its obligation to afford “relief” to its citizens in distress, particularly those who are victims of violation of their Human Rights by public servants

iii.The meaning to be given to the section 18(3) by any State professing to be welfare state should ensure a liberal construction to promote the philosophy of the statute.

ILLEGAL DETENTION AND TORTUREThe constitution contains some minimum procedural requirements which

must be complied by procedure established by law Article-22.

Article 22 guaranteed the following safeguard against arrest or detention made under the Right to be informed.

a) Right to consult and to be defended by a legal practitioner of his choice.

b) Right to be produced before the nearest magistrate within 24 hours of arrest.

c) Right not be detained in custody beyond- 24 hours without the authority of the magistrate.

VIOLATION OF RIGHTS OF SC/ST’s

The National Human Rights Commission is expanding in the field of violation of rights of the Scheduled Castes and the Scheduled Tribes.

The Commission observed that the Right to Health and Medical Care is a fundamental right under Article 21, read with Articles 39(e), 41 and 43 of the Constitution.

The Right to Life includes protection of the health and strength of workers and is a minimum requirement to enable a person to live with human dignity. The Universal Declaration of Human Rights as well as other International Instruments also speaks of this right.

JUVENILE JUSTICE

The Juvenile Justice towards the prevention and treatment of juvenile delinquency and provides a framework for the protection, treatment and rehabilitation of children in the purview of the juvenile justice system.

The Former Chairman of the National Human Rights Commission (NHRC) Chairman Justice A.S. Anand stated, “Overcrowding throws every system out of gear and is found to be the root cause of the deplorable conditions in our jails”

The survey mentioned that “Slow progress of the cases and operation of the bail system to the disadvantage of the poor and illiterate is responsible for the plight of others who continue to suffer all the hardships of incarceration although their guilt is yet to be established.

SUGGESTION REGARDING NHRC

The National Rights Commission should be authorised to take action against the persons who are found guilty of making false complaint against security personnel, armed forces, Para military forces and other law enforcement agencies.

That the knowledge and awareness of human rights is most important for a democratic country. Accused should be made aware of the human rights available to them under the International human rights instruments as well as National Laws.

Both the print and electronic media owe the responsibility and the duty towards the society, in controlling the crime effectively.

Lawyers should also play a constructive role in bringing justice to the individuals.

Like the National Human Rights Commissions at the national level, Human Rights Commission are also required to be created in all the states as envisaged in the Protection of Human Right Act, 1993.

THANK YOUBY THE FIMT SCHOOL OF LAW