(B) CUSTODIAL DEATH, RAPE AND TORTURE - 3.22 The Commission remained deeply engaged in efforts to bring to an end the egregious violations of human rights that result in custodial death, rape and torture. Custadial violence is a calculated assault or human dignity. And "whenever human dignity is wounded," to quote the Supreme Court in its judgement of 18 December 1996 in the case of D.K.Basu vs the State of West Eengal, "civilizationtakes a step backward. The flag of humanity on each occasion m u ~ fly t half-mast." 3.23 As indicated in earlier reports, custodial violence has been the focus of attention of the Commission since its earliest days. On 14 December 1993, the Commission issued instructions to the Chief Secretaries of all States asking them to direct all District Magistrates and Superintendents of Police to report any instance of custodial deafh or rape directly to the Commission, within twenty four hours of occurrence. Failure to send such reports, it was made clear, would lead to a presumption by the Commission that an effort was being made to suppress the tacts. 3.24 Pursuant to these instructions, the omm mission has been receiving reports of such occurrences from all parts of the country. During the year 1995-96,336 deaths were reported in police custody and 308 in jail custody. In the year 1996-97, however, the figures reported to the Commission wem 188 deaths in police custody and 700 deaths in judicial custody. A State-wise list giving details of such deaths in 199596, and 1996-97 may be seen at Annexure 1. It will be obsenred that there has been a doubling in the deaths reported to the Commission in police and jail custody. tn addition, the Commission has been informed of three cases of custodial rape during the period under review, one each in Manipur. Punjab and Rajasthan. No case of death while in the custody of the para-military forces, or the army, has been reported to the Commission by their authorities during 1996-97. 3.25 The Commission is of the view that the upswing in reported deaths in custody is the result of its repeated instructions that information regarding such tragic occurrences must not be suppressed, but must be reported promptly, investigated and acted upon. The issue is of such over-riding importance to the Commission that every occasion is seized by it to discuss and to follow up on reports of custodial death, whether this be through visits to individual States, or in discussions at the Commission's Heaclquarters in New Delhi, when Chief Secretaries a,nd Directors General of Police are required to be present.