56
...
...
...
...
..
C I V I L L I B E RT I E S
police and in judicial custody in 2002-2003, though not alarming, is certainly
disquieting. While the number of deaths in judicial custody has to be viewed
in the context of the total number of prison inmates during a given period,
the figures once again confirmed the view of the Commission that there is need
for better custodial management and a more profound orientation of police
personnel in matters relating to human rights. To further this objective, the
Commission organized a series of workshops around the country, the details
of which are given later in this report.
4.41 As regards the deaths that occurred in police custody in the course of
the year 2002-2003, the reports indicated that there was a decline in the
number of such cases in the states of Andhra Pradesh, West Bengal, Madhya
Pradesh, Orissa, Uttaranchal and the National Capital Territory of Delhi.
However, there was an increase in such deaths in the states of Assam, Bihar,
Gujarat, Haryana, Karnataka, Punjab, Rajasthan, Tamil Nadu, Uttar Pradesh
and Jharkhand.
4.42 The State-wise position indicating the number of custodial deaths
reported to the Commission in 2002-03 may be seen at Annexure 2.
4.43 During the year under review, the Commission considered it essential to
recommend the payment of interim relief under section 18(3) of the Protection
of Human Rights Act, 1993 in respect of 20 cases of custodial death, in an
amount of Rs. 20,95,000. The Commission also called for the initiation of
disciplinary/legal proceedings against delinquent public servants in 6 such
cases. In the preceding year, the Commission had ordered such relief in 7 cases
of custodial death, and disciplinary/legal proceedings in 7 cases.
4.44 Since the Commission was established in October 1993 it has, until now,
received a total of 8,596 reports of deaths that occurred in police or judicial
custody. An analysis of 6,552 such cases indicates that some 80 per cent of the
deaths that occurred in judicial custody were attributable to causes such as
illness and old age. The remaining 20 per cent occurred for a variety of reasons
including, in certain cases, illness aggravated by medical negligence, violence
between prisoners, or suicide. It is these latter cases that have exercised the
Commission over the years, requiring it to issue specific directions in respect
of individual cases of such deaths, and also to call for systemic measures to
improve prison conditions. The views of the Commission urging better
maintenance and running of prisons, better trained and more committed staff,
including medical staff, and an improvement in the capacity of prisons to deal
N AT I O N A L H U M A N R I G H T S C O M M I S S I O N