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CIVIL LIBERTIES
27
as compared to 6 in 2002-2003), Karnataka (4 as compared to 16 in 2002-2003), Tamil Nadu
(12 as compared to 17 in 2002-2003), West Bengal (13 as compared to 16 in 2002-2003),
and Jharkhand (3 as compared to 6 in 2002-2003). However over the same period there
was an increase of such deaths in the States of Bihar (9 as compared to 4 in 2002-2003),
Gujarat (20 as compared to 17 in 2002-2003), and Maharashtra (32 as compared to 26 in
2002-2003).
4.23 As regard deaths that occurred in judicial custody in the course of the year 20032004, the reports indicated that there was a decline in the number of such cases in the States
of Bihar (139 as compared to 153 in 2002-2003), Rajasthan (45 as compared to 55 in 20022003), West Bengal (43 as compared to 49 in 2002-2003) and Delhi (22 as compared to 30
in 2002-2003). However, over the same period there was an increase in such deaths in the
States of Assam (18 as compared to 13 in 2002-2003), Haryana(49 as compared to 41 in
2002-2003), Maharashtra (148 as compared to 117 in 2002-2003), Orissa (52 as compared
to 41 in 2002-2003), Punjab (81 as compared to 65 in 2002-2003), Tamil Nadu (106 as
compared to 51 in 2002-2003), U.P (199 as compared to 169 in 2002-2003), Chhattisgarh
(42 as compared to 29 in 2002-2003), and Jharkhand (53 as compared to 41 in 2002-2003).
4.24 The figures nevertheless reinforce the view of the Commission that there is need for
better custodial management and a better orientation of police personnel in matters relating
to human rights. The Commission is also of the view that the Human Rights Cells established
by the State Governments need to play a more pro-active role in custody management of
police lockups and jails, and improving conditions in police custody. It accordingly urges
all State Governments to pay more attention to such matters.
4.25 The State-wise position indicating the number of custodial deaths reported to the
Commission in 2003-04 may be seen at Annexure 2.
4.26 During the year under review, the Commission considered it essential to recommend
initiation of disciplinary/legal proceedings against delinquent public servants. Payment of
interim relief under section 18(3) of the Protection of Human Rights Act, 1993 in respect
of 8 cases of custodial deaths was also recommended. In addition the Commission issued
show-cause notices in 16 cases of custodial deaths asking the authorities concerned to show
cause as to why immediate interim relief be not granted to the next of kin of the deceased
persons.
4.27 Ever since the Commission was established in October 1993, it has received reports
of a total 10,058 deaths having occurred in police or judicial custody. An analysis of deaths
that occurred in judicial custody revealed that most of the deaths were attributable to causes
such as natural illness and old age. Some of the deaths were due to illness aggravated by
medical negligence, violence between prisoners, or suicide. All these factors call for better
ANNUAL REPORT 2003-04