T E N Y E A R S O F T H E C O M M I S S I O N I N R E T RO S P E C T
Government or the competent State Government. Since 1995-96, the Commission
has been continuously seized of the problems facing some 300,000 Kashmiri
Pandits who have been compelled to leave the Valley. The Commission has
made, and pursued, a series of far-reaching recommendations to assist them
in practical ways. It has also monitored the situation, inter alia, in the NorthEastern States and in areas affected by "naxalite" activity, making observations
and recommendations as the need arose.
2)
Guidelines in respect of Custodial deaths/rapes,
Post-Mortem examinations, "Encounters", and
other related issues
2.22 As early as 14 December 1993, the Commission instructed all Chief
Secretaries to ensure that all cases of custodial death and rape are reported
to it within twenty-four hours of occurrence, failing which an adverse inference
would be drawn by the Commission. On 10 August 1995, all Chief Ministers
were requested to ensure that all post-mortem examinations of deaths in
custody be videographed. On 27 March 1997, Chief Ministers were additionally
requested to adopt a Model Autopsy Form, prepared by the Commission, and
to use for this purpose. In all, over 5,500 cases of custodial death have been
reported to the Commission since it was established. These cases have been
meticulously reviewed in the Commission, with the help of its Investigation
Division, and appropriate orders passed in respect of them.
2.23 The issue of "encounters" was the subject of detailed hearings by the
Commission in 1996-97, comprehensive guidelines being sent to Chief Ministers
on 27 March 1997 in respect of the manner in which such "encounters" should
be investigated and reported upon.
2.24 Guidelines were also issued in respect of certain other practices having
a bearing on human rights. For instance, on 11 January 2000, guidelines were
issued in regard to the use of polygraph tests, and on 22 November 2000, Chief
Ministers were sent a letter providing detailed guidelines on the subject of
arrest and detention.
2.25 The need for India to accede to the 1984 Convention against Torture and
Other Cruel, Inhuman and Degrading Treatment or Punishment was first
raised by the Commission in 1994-95. To deal with all of the arguments and
objections that had been raised in respect of this matter, the Commission
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