NATIONAL HUMAN RIGHTS COMMISSION B. Custodial Violence and Torture 4.6 Custodial violence and torture is so rampant in this country that it has become almost routine. It represents the worst form of excesses by public servants entrusted with the duty of law enforcement. The Commission regards crimes like rape, molestation, torture, fake encounter in police custody as manifestations of a systemic failure to protect human rights of one of the most vulnerable and voiceless categories of 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 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 totally helpless”. 4.7 The Commission has issued various guidelines in this regard. One of such guidelines is that a death in custody has to be reported to the Commission within 24 hours. Though all custodial deaths may not be crimes or the results of custodial violence or medical negligence, it is important that no assumption is made without thorough enquiry and analysis of reports like inquest report, post-mortem reports, initial health screening report, magisterial enquiry report, etc. Compliance of the guidelines of the Commission by the State authorities, therefore, plays a crucial role in quick disposal of cases relating to custodial deaths. However, it has been seen that some deaths are reported after considerable delay or not reported at all, and in many cases reports are forwarded to the Commission only after issuance of conditional summons to the authorities concerned. 4.8 In the year 2016-2017, the Investigation Division has dealt with a total of 4,851 cases of custodial deaths, including 4,356 cases of death in judicial custody and 495 cases of death in police custody. The Division has also dealt with 178 cases of deaths in encounter with security/ police forces. C. Important Illustrative Cases a) Custodial Deaths Judicial Custody 1. Death of an Accused Madan (23 Years) on 18.08.2015 in the Custody of PS Central Faridabad, Haryana (Case No. 7030/7/3/2015-PCD) 4.9 The Commission received an intimation that one Madan, aged 23 years, was arrested by the Faridabad Police on 18.08.2015 at 0040 hrs. in connection with a theft case. Soon after the arrest, his health condition deteriorated and he was rushed to the nearby Badshah Khan Hospital, Faridabad, where he died at 0440 hrs., while undergoing treatment. ANNUAL REPORT 2016-2017 39