Commission felt that it was improbable that a mother could have caused such grievous injurles
to her own son, especially in the circumstances that her husband was already in a lock-up and
she herself was in distress. The Commission noted that, as the injuries were examined under
the orders of the District Magistrate through the S.P. Ajmer, there was no probability that the
injuries were self-inflicted. The Commission thus found the report unacceptable and directed
the Government of Rajasthan to pay compensation of Rs.15,000/- to the injured boy through
his mother, and to take suitable action against the guilty police officials.
Custodial violence is an unacceptable abuse of power and the an abhorrent violation
of human rights by the protedors of the law themselves. It not only violates Article 21 of the
Constitutionof India which guarantees the fundamental right to life and liberty, but aiso infringes
upon Article 3 of Universal Declaration of Human Rights (UDHR) and Article 6 of the
International Covenant on Civil and Political Rights, that every person has the right to life,
liberty and security and no one shall be arbitrarily deprived of life. Further, Article 5 of UDHR
and Article 7 of the Covenant on Civil and Political Rights lay down explicitly that no one shall
be subjected to torture, or cruel, inhuman or degrading treatment or punishment. Article 9 of
Universal Declaration of Human Rights and Article 9 of the Covenant emphasise that no one
shall be subjected to arbitrary arrest, detention or exile. These provisions aiso lay down that
anyone who is arrested shall be informed of the reasons of his arrest and shall be promptly
informed of the charges against him. Article 22 of the Constitution protects tho rights of the
individual in case of arrest and detention and in essence incorporates the principles of these
United Nations dmments. It is a fundamental right under thls Article, that the arrested person
must be produced before the nearest magistrate within twenty-four hours.
The Comrrjsslon has played an active role in redressing the grievances of the victims
of custodial violence. In accordance with a circular dated 14 December 1993 issued by the
Commission to all State authorities, all cases of custodial deaths either in police or in judicial
custody, are required to be brought to the notice of the Commission within twenty four hours.
The illustrative cases on custodial death reveal that the interventions of the Commission are
increasingly securing better investigation of such cases and resulting in the providing of
immediate interim relief to the survivors of the deceased victims of custodial violence.
In thls connection, the Commission would llke to recall the Judgement of the Supreme
Court in the case of D.K. Basu Vs State of West Bengai (AIR 1997 SC 61O), which dealt with
the principle Ubi jus, ibi remedium i.e., there is no wrmg without a remedy. The law wills that
in w r y case where a man is wronged and damaged, he must have a remedy.
A mere declaration of the invalidity of an action, or the finding of custodial violence or