NATIONAL HUMAN RIGHTS COMMISSION, INDIA CHAPTER 4 Civil and Political Rights and Safeguarding Criminal Justice System 4.1 The Commission has been deeply concerned about the pathetic condition of prisons and other detention facilities which are plagued with numerous problems like severe overcrowding, understaffing, lack of adequate medical care, physical maltreatment of prisoners including custodial deaths, lack of infrastructure, poor administration and inadequate inter-agency communication, long detention of those awaiting trial, and inadequate opportunities for prisoners to communicate with counsel, authorities and family etc. 4.2 The Commission has issued instructions/guidelines with regard to issues like overcrowding, mental and physical health rights of the prisoners, detention of under-trials, Sentence Review Board, Visitor Board, Prison administration and infrastructure. The Commission has also written to Chief Justices of all High Courts, for effecting speedy trials of cases and release of undertrials and to give appropriate instruction to District and Sessions Judges to ensure that they visit jails regularly as is envisaged in the State Prison Manuals. The Commission has also issued instructions to all prison authorities requiring compulsory health screening of all prisoners and sending a monthly report to the Commission. The issues of premature release of prisoners undergoing life imprisonment have also been taken up by the Commission. 4.3 Custodial violence and torture represent the worst forms of excesses by public servants entrusted with the duty of law enforcement. The Commission regards crimes like rape, molestation, torture, fake encounter in police custody as manifestations of a systemic failure to protect human rights of one of the most vulnerable and voiceless categories of victims. Therefore, it is deeply committed to ensure that such illegal practices are stopped and human dignity is respected in all cases. Besides awarding compensation to the victims or their next-of-kin, the Commission’s efforts are also geared towards bringing an end to an environment in which human rights violations are committed with impunity under the shields of “Uniform” and “Authority” within the four walls of a police station, lock-up and prison, where the victims are totally helpless. The Commission has issued various guidelines in this regard. One of such guidelines is that a death in custody has to be reported to the Commission within 24 hours. Though all custodial deaths may not be crimes or the results of custodial violence or medical negligence, it is important that no assumption is made without thorough enquiry and analysis of reports like inquest report, postmortem reports, initial health screening report, Magisterial enquiry report, etc. Compliance of the guidelines of the Commission by the State authorities, therefore, plays a crucial role in quick disposal of cases relating to custodial deaths. However, it has been seen that some deaths are reported either after considerable delay or not reported at all, and in many cases reports are ANNUAL REPORT 2019-20 39