4.
The notice board which displays the guidelines' must also indicate
the location of the complaints redressal mechanism and how that
body can be approached.
5.
NGOs and public institutions including courts, hospitals universities
etc., must be involved in the dissemination of these guidelines to
ensure the widest possible reach.
6.
The functioning of the complaint redressal mechanism must be
transparent and its reports accessible.
7.
Prompt action must be taken against errant police officers for violation
of these guidelines. This should not be limited to departmental
enquiries but also set in motion the criminal justice mechanism.
8.
Sensitisation and training of police officers is essential for effective
implementation of these guidelines.
V. NHRC Directions - Mandatory Reporting of Custodial Death/
Rape and Video- Filming of Post Mortem Examinations
All cases of custodial death and custodial rape whether in police lock-up
or in jail must be reported to the NHRC within 24 hours of occurrence by
the concerned District Magistrate or Superintendent of Police. Failure to
report promptly will give rise to the presumption that there is an attempt
to suppress the incident. All post-mortem examinations in respect of
custodial deaths should be video-filmed and a copy of the recording should
be sent to the NHRC along-with the post mortem report. Autopsy Report
forms prescribed by the NHRC should be used to record the findings of
the post-mortem examination.
Article 21 of the Constitution lays down that No person shall be deprived
of his [her] life or personal liberty except according to procedure
established by law. When constitutional rights of a person are invaded,
the court has the jurisdiction to compensate the victim by awarding
monetary compensation. This was communicated by the Commission to
Chief Secretaries of all states and union territories in its letter dated
December 14, 1993.
The Commission in its letter dated August 10, 1995 to Chief Ministers of
all states has recognised that video- filming involves extra cost. But human
life is more valuable than the cost of video-filming and incidents when
video-filming is warranted are limited. These forms have been developed
by the NHRC after obtaining views of experts.
The Commission has written to Chief Ministers/ Administrators of all states
and union territories (in its letter dated March 27, 1997) to prescribe its
model autopsy form and inquest procedure.
92
Manual on Human Rights for Police Officers
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