NHRC, India
CHAPTER - 7
THEMATIC AREAS
A.
Safeguarding criminal justice system
7.1
The Commission has always viewed the concerns regarding the criminal justice system seriously.
The Commission has expressed this by taking suo-motu based on media reports and cognizance of
complaints received. In addition, the Commission has initiated conversations on the poor condition
of prisons and other detention facilities, which are filled with numerous problems like overcrowding,
understaffing, lack of adequate medical care, physical maltreatment of prisoners, custodial deaths,
dilapidated infrastructure, poor administration, inadequate inter-agency communication and
prolonged detention.
7.2
The Commission has issued instructions/guidelines concerning issues like overcrowding, the
mental and physical health rights of the prisoners, the detention of under-trials, Sentence Review
Board, Visitor Board, Prison administration and infrastructure. The Commission has also issued
instructions to all prison authorities, requiring compulsory health screening of all prisoners and
sending a monthly report to the Commission. The Commission has also taken up the issue of
premature release of prisoners undergoing life imprisonment.
7.3
Custodial violence and torture are the worst forms of excesses by public servants entrusted with
the duty of law enforcement. The Commission regards crimes like sexual assault, torture, and
fake encounters in police custody as manifestations of a systemic failure to protect the human
rights of one of the most vulnerable and voiceless categories of victims. Therefore, it is deeply
committed to ensuring that such illegal practices are stopped, and human dignity is respected in all
cases. Besides awarding compensation to the victims or their next-of-kin, the Commission's efforts
are also geared towards bringing an end to an environment in which human rights violations are
committed with impunity under the shields of "Uniform" and "Authority" within the four walls of
a police station, lock-up and prison, where the victims are helpless. 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. Furthermore, though all custodial deaths may not be crimes
or the results of custodial violence or medical negligence, no assumption must be made without
thorough enquiry and analysis of reports like inquest reports, post-mortem reports, initial health
screening reports, Magisterial enquiry reports, etc. Therefore, compliance with the Commission's
guidelines by the State authorities plays a crucial role in the quick disposal of cases relating to
custodial deaths.
ANNUAL REPORT
49
2021-22