CIVIL LIBERTIES
4.27 In the year 2001-2002, the figures reported to the Commission were 165 deaths
in police custody and 1,140 deaths in judicial custody making a total of 1,305, as
against a total of 1,037 such deaths in 2000-2001, of which 127 occurred in police
custody and 910 in judicial custody. The Commission is disturbed by this increase in
the number of deaths both in police and in judicial custody in 2001^02. While the
number of deaths in judicial custody has to be viewed in the context of the total
number of prison inmates during a given period, the figures nevertheless reinforce the
view of the Commission that there is need for better custodial management and a
deeper 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 improving conditions in the
prisons, including the provision of health and related facilities.It accordingly urges all
State Governments to give greater attention to these matters.
4.28 As regards the deaths that occurred in police custody in the course of the year
2001-2002, the reports indicated that there was a decline in the number of such cases
in the States of Gujarat, Madhya Pradesh, Punjab and Delhi. However, over the saine
period there was an increase in such deaths in the States of Andhra Pradesh,
Maharashtra, Tamil Nadu and West Bengal.
4.29 The State-wise position indicating the number of custodial deaths reported to
the Commission in 2001-02 may be seen at Annexure 7.
4.30 During the year under review, the Commission considered it essential to
recommend the payment of interim relief under section 18(3) of the Protection of
Human Rights Act, 1993 in respect of 7 cases of custodial death. It also called for the
initiation of disciplinary/legal proceedings against delinquent public servants in 5
such cases.
4.31 Since the Commission was established in October 1993, it has received reports
of 7,256 deaths having occurred in police or judicial custody. An analysis of some
5,500 such cases indicates that about 80 per cent of the deaths that occurred in
judicial custody were attributable to causes such as illness and old age. The remaining
20 per cent occurred for a variety of reasons including, in certain cases, illness
aggravated by medical negligence, violence between prisoners, or suicide. AU of these
point to the great need for the better maintenance and running of prisons, better
trained and more committed staff, including medical staff, and an improvement in
the capacity of prisons to deal with mental illness and morbidity among inmates. The
ANNUAL REPORT 2001-2002
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