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CIVIL LIBERTIES
4.17 A systematic effort to curb custodial violence has been a major priority of the
Commission. Since inception as early as on 14/12/1993 the Commission issued instructions
to all the States asking them to direct all District Magistrates and Superintendents of Police
to report directly to the Commission any instance of death or rape in police custody within
24 hours of its occurance, failing which there would be a presumption that efforts were being
made to suppress the facts. Subsequent instructions extended this directive to cover deaths
in judicial custody as well.
4.18 The Commission is gratified to note that in accordance with its guidelines, the
agencies of the states have been found prompt by and large, in informing the Commission
whenever such incidents occur. However, the subsequent reports like inquest report,
postmortem report (including videograph and viscera report , if any) magisterial enquiry
report etc are not being received promptly in many cases. An effort has also sometimes been
made by some State Governments to use section 36(1) of the Act, to block the jurisdiction
of the National Human Rights Commission by asserting that the State Human Rights
Commission has taken cognizance of a custodial death.
4.19 Custodial violence causes a chasm between Police and public. There are administrative,
social, professional and psychological factors contributing to this lack of probity in public
life. Lack of specialized investigating skills, misplaced incentives and rewards, sheer
callousness are other reasons. Transparency in arrest, medical examination at given intervals,
honest record keeping, increasing awareness about human rights, improved interrogation
skills are some of the means of reducing incidences of custodial violence.
4.20 In order to curb custodial violence, a special cell under the direct supervision of the
DIG within the Investigation Division of the Commission is entrusted with the task of
obtaining the relevant documents from the concerned authorities and then analysing that
material with a view to assisting the Commission in deciding what further action is required
to be taken in respect of such incidents.
4.21 In the year 2003-2004, the Commission was informed of 162 deaths in police custody
and 1300 deaths in judicial custody besides one death in the custody of Para-military forces
making a total of 1463 as against a total of 1340 such deaths in 2002-2003, (183 in police
custody and 1157 in judicial custody). It will be observed that there has been a decrease
in the deaths reported to the Commission in police custody and an increase in deaths in
judicial custody when compared to the previous year. The number of deaths in judicial
custody has to be viewed in the context of the total number of prison inmates during the
given period and most of the deaths being due to illness and natural causes. Approximately
80 % deaths in Judicial Custody are found to be due to natural causes.
4.22 The reports indicate that there has been a decline in the number of custodial deaths
in police custody in the States of Assam (6 as compared to 15 in 2002-2003), Haryana (2
NATIONAL HUMAN RIGHTS COMMISSION