Annual Report 2012-2013
importance of respecting the human rights of the people. The training and education should
focus especially on the lower rungs of the security forces, which in large numbers, come
into contact with the community.
B.
Custodial Violence and Torture
4.5
Custodial violence and torture is used by the forces as if it is a legitimate tool.
However, it represents one of the worst forms of human rights violations by public servants
who are entrusted with the duty of enforcing the rule of law. The Commission regards
crimes like rape, molestation, torture, fake encounters in police custody as manifestations
of a systemic failure to protect human rights of the vulnerable and voiceless victims.
Therefore, it is deeply committed to ensure that such illegal practices are stopped and human
dignity is respected in all cases. Besides awarding compensation to the victims or next of
their kin, the Commission's efforts are geared up towards bringing to an end the environment
in which human rights violations are committed with impunity under the shield of
"uniform" and "authority" within the four walls of police station, lock-up and prison, where
the victims are totally helpless.
4.6
The Commission has issued various guidelines in this regard. One such guideline is
that a death in custody has to be reported to the Commission within 24 hours. Yet, some
such custodial deaths are reported after considerable delay. Though all custodial deaths
may not be crimes or the outcome of custodial violence or medical negligence, it is important
that no assumption is made without a thorough inquiry and analysis of reports like inquest,
postmortem, initial health screening, magisterial enquiry, etc. Compliance of Commission's
guidelines by the State authorities, therefore, plays a crucial role in providing full justice in
cases relating to custodial death. Nonetheless, in many cases, reports are forwarded to the
Commission only after issuance of conditional summons to the authorities concerned.
4.7
During the period 1 April 2012 to 31 March 2013, the Investigation Division of
NHRC received reports of 147 cases of death in police custody and 1,610 cases of death in
judicial custody. The Investigation Division examined 203 cases of death in police custody
and 2,669 cases of death in judicial custody during the period under review. Expert opinion
of empanelled forensic experts was taken in 143 cases of custodial deaths. Besides, 1,403
fact finding cases (FFC) and 108 advice cases were examined by the Investigation Division.
Furthermore, it conducted spot investigation in 32 cases of alleged violations of civil,
political, economic, social and cultural rights.
4.8
The Commission granted compensation in 124 cases of judicial custody, 40 cases of
police custody and 46 cases of encounter deaths.
Commission's Recommendations Challenged in the Court
4.9
Recommendations given by the Commission in two cases -No. 1485/18/14/2010ED and No. 408/18/32/2011-WC have not been adhered to. In the Case No. 1485/18/14/
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NHRC