(i)
The Right to Life guaranteed by our Constitution includes the right
to live with human dignity. The State is not only obliged to prosecute
those who violate fundamental rights, it also has a duty to pay
monetary compensation to repair the wrong done by its agents in not
being able to discharge their public duty of upholding peoples rights.
Compensation, the Court said, is not to be paid by way of damages as
in a civil case [the victim is free to file a civil case to privately recover
damages from the wrongdoer for loss of earning capacity] but under
public law for breach of duty by the State in not being able to protect
its citizens. However, there can be no strait-jacket formula as each
case has its own peculiar facts and circumstances.
(ii) The Court recognised that the worst violations of human rights take
place during investigation when the police use torture and third degree
methods to get confessions. In such instances, arrests are either
disguised by not recording them or showing detention as prolonged
interrogation. The Court stressed that no matter what the
circumstances, the State or its agents are not allowed to assault or
torture people. They then laid down an elaborate set of guidelines in
respect of arrest and interrogation.
The Court directed that the guidelines which are given below should be
circulated to the Director General of Police and the Home Secretary of every
state and union territory and it shall be their obligation to have them put
up in every police station at a conspicuous place.
C. Directions by the Supreme Court
1.
2.
3.
4.
Use of third degree methods or any form of torture to extract
information is not permitted.
Police personnel carrying out arrest and interrogation must bear
accurate, visible and clear identification / name tags with their
designations.
Particulars of all personnel handling interrogation of an arrested
person must be recorded in a register.
A memo of arrest stating the time and place of arrest must be prepared
by the police officer carrying out an arrest. It should be attested by at
least one witness who is either a family member of the arrested person
or a respectable person from the locality where the arrest is made.
The memo should also be counter-signed by the arrested person.
Manual on Human Rights for Police Officers
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