Annual Report 1999-2000 The guidelines issued by the Commission requiring regular medical checks and health care for prisoners and periodic reporting to the Commission, thus appear to be having some effect. In addition, the involvement of many NGOs, in particular Rotary International, has had a beneficial consequence on the health of prisoners. Further, the vigilance of the Commission has increased, not least through the efforts of its Special Rapporteur, who is the Chief Coordinator of the Custodial Justice Programme. Constant monitoring by him, and members of the Investigation Division, has made evident the concerns of the Commission to all State Governments and prison administrators. 16.5 It must be made clear, however, that many of the custodial deaths reported to the Commission are not the result of custodial violence. According to the guidelines issued by the Commission, every death in custody including deaths reportedly occurring from natural causes, are to be reported to the Commission within 24 hours of occurrence. It is also important to observe that the word 'custody', as used in Section 27 of the Indian Evidence Act, 1872, does not only mean formal custody. An accused is in police custody \vhen he is under surveillance of the police and cannot break away from the company of a police officer. The word 'custody' as interpreted in various decisions of the courts, might well include conditions such as surveillance, interrogation before arrest etc.. Irrespective of whether such measures have been formally authorised or not. 16.6 Of the total number of cases admitted for disposal during 1999-2000, 54 cases pertained to disappearances, 1,157 cases were about illegal detention/illegal arrest, 1,647 cases were of false implications and 5,783 complaints against the police pertained to other issues. During this period, the Commission received 59 cases pertaining to indignity to women, 511 complaints about jail conditions and 341 cases of atrocities against SCs/STs; 5,443 complaints pertained to failure in taking action. 16.7 A state-wise list of the number of cases registered/considered by the Commission and pending consideration is at Annexure XV A state-wise list of cases dismissed m limini, cases disposed off with directions, cases concluded and cases pendingbefore the Commission is at Annexure XVI. The cases admitted for disposal during the period 1 April 1999 to 31 March 2000 have been categorised. The categories in which the cases have been divided include custodial deaths, custodial rapes, disappearances, illegal detentions/ arrests, false implications, other police excesses, failure in taking action, indignity to women, terrorist/naxalites violence, jail conditions and atrocities on SCs/STs. A state-wise list is given at Annexure XVII. 16.8 Record-keeping has improved in the Commission, and in the process, certain discrepancies came to light, one such being the duplicate entries in the reported cases of custodial deaths for the years 1997-98 and 1998-99, which have since been corrected. The corrected figures of custodial deaths are 998 and 1,286 respectively, against the earlier recorded figures of 1012 and 1297 respectively (Annexure XVIII). 90 -n

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