NATIONAL HUMAN RIGHTS COMMISSION, INDIA should not recommend monetary compensation to the next of kins of the deceased Ashwani Kushwaha, Ravi Kushwaha and Km. Sivani Kushwaha for violation of their human rights. v. The Commission considered the matter on 11.09.2019 and observed that no response could be received from the Government of Madhya Pradesh despite reminders. The Commission therefore recommended to the Government of Madhya Pradesh, through its Chief Secretary, to pay Rs.1,00,000/- each, as compensation to the next of kins of the deceased Ashwani Kushwaha, Ravi Kushwaha and Km. Sivani Kushwaha for violation of their human rights and to send the compliance report along with proof of payment. Outcome Report on the Open House: Torture Bill, 2017 i. An Open House Discussion on Analysis of Prevention of Torture Bill, 2017 was held on 15.11.2018, under the Chairmanship of Hon’ble Justice, Shri H. L .Dattu, Hon’ble Chairperson, NHRC. The objective of the Open House Discussion was to discuss and analyze the Prevention of Torture Bill, 2017, the outcome of which is the following; ii. It was agreed that the definition of torture needs to be expanded. Under section 3(b) (i), simple hurt needs to be incorporated too under the definition of Torture. iii. The CAT definition also includes torture, “for any reason based on discrimination of any kind”. This needs to be added to the present definition of Torture to incorporate torture committed without any specific reason or purpose. iv. Denial of Timely and Adequate Medical care of a person in custody also tantamount to Torture, hence the bill should account for this. v. In Section 3(b) (iv), in the case of death, it has been suggested that the compensation needs to be given to the next of kin. vi. In case of alleged torture wherever the government officials justify the use of force, it should be of the same scale and nature as is prescribed for use of force in scenarios like mob, riots etc. Disproportionate use of force must not be used by the Police. [With reference to S 130(3) CrPC]. vii. It has been suggested that under Section 4(3), the term “just and reasonable” should be in compliance with CGHS provisions. viii. The payment of treatment expenses to victims of torture is dependent on recovery from Public Servants. As this would deny timely treatment, it has been suggested that both need to be delinked and treatment be given out of Government funds. Hence, the term “in addition to” in Section 4(5) needs to be substituted with “notwithstanding”. ix. Designated Courts presided by Session Judge for torture cases need to be provided for as in SC/ST cases, POCSO cases etc. to expedite the trial process. ANNUAL REPORT 2018-19 73