CIVIL LIBERTIES 4.27 In the year 2001-2002, the figures reported to the Commission were 165 deaths in police custody and 1,140 deaths in judicial custody making a total of 1,305, as against a total of 1,037 such deaths in 2000-2001, of which 127 occurred in police custody and 910 in judicial custody. The Commission is disturbed by this increase in the number of deaths both in police and in judicial custody in 2001^02. 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 nevertheless reinforce the view of the Commission that there is need for better custodial management and a deeper orientation of police personnel in matters relating to human rights. The Commission is also of the view that the Human Rights Cells established by the State Governments need to play a more pro-active role in improving conditions in the prisons, including the provision of health and related facilities.It accordingly urges all State Governments to give greater attention to these matters. 4.28 As regards the deaths that occurred in police custody in the course of the year 2001-2002, the reports indicated that there was a decline in the number of such cases in the States of Gujarat, Madhya Pradesh, Punjab and Delhi. However, over the saine period there was an increase in such deaths in the States of Andhra Pradesh, Maharashtra, Tamil Nadu and West Bengal. 4.29 The State-wise position indicating the number of custodial deaths reported to the Commission in 2001-02 may be seen at Annexure 7. 4.30 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 7 cases of custodial death. It also called for the initiation of disciplinary/legal proceedings against delinquent public servants in 5 such cases. 4.31 Since the Commission was established in October 1993, it has received reports of 7,256 deaths having occurred in police or judicial custody. An analysis of some 5,500 such cases indicates that about 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. AU of these point to the great need for the 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 with mental illness and morbidity among inmates. The ANNUAL REPORT 2001-2002 ; 33

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