(C)
ACCESSION TO THE CONVENTION AGAINSTTORTURE
The efforts of the Commission to ensure that India become a party to the 1984 UN
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Convention against Torture and Other Cruel, Inhuman or DegradingTreatment or Punishment
are recounted in full in its preceding annual report. While the Commissionwas deeply gratified
by the decision of the Government of lndia to ratify the Convention, it is distressing to note
that, even though the Permanent Representative of India to the United Nations signed the
Convention on 14 October 1997, the formalities for ratification are yet to be completed. The
Commission urges the earliest ratification of this important Convention and the fulfillment of
the promise made at the time of signature, namely that lndia would "uphold the greatest values
of Indian civilization and our policy to work with other members of the international community
to promote and protect human rights:
(D) VIDEO FfLMINQOF POSFYORTEM EXAMINATION AND REVISION OF AUTOPSY
FORMS
1
323 The Commission hm long been concerned wlth the uneven quality of post mortem
reports on custodial death cam, In the absence of any credible independent evidence, the
fate of custodial death cases depends entirely on the observations recorded and the opinions
given by the doctor in post mortem reports. There can therefore be a total miscarriage of
justice H the reports are manipulated and the doctors subborned or intimidated.. The
Cornmiasion accordingly recommended the video-filming of post-mortem examinations and
the sending of tapes to the Commission for scrutiny, with a view to preventing such unacceptable
and unethical acts. Twenty-two States and Union Territories have now accepted this
recommendation while four others have stated that they are examining the matter. The
Commission once again recommends to the States of Arunachal Pradesh, Maharashtra,
knlpur, Mizoram, Uttar Pradesh, the NationalCapital Territory of Delhi and the Union Territories
of Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli and Lakshadweep that
they accept this recommendation without any further delay. The protection of human rights
and the bringing to book of those who are complicit in the brutal practice of custodial violence
requires no less.
It will be recalled that the Commission had also evolved, and circulated for adoption, a
Model Autopsy Form that took into account the work done by the United Nations on this subject
and also the special circumstances prevailing in our country. Seventeen States and Union
Territories have now accepted the Commission's recommendationto adopt the Model Autopsy
Form. The Commission, however, once again urges the following StatesjUnion Territories,
namely, Arunachal Pradesh, Andhra Pradesh, Bihar, Chandigarh, Gujarat, Haryana, Himachal
Pradesh, Jammu & Kashmir, Kerala, Lakshadweep, Manipur, Mizoram, Maharashtra, Nagaland
to adopt the new form and the concomitant procedures without further delay.
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