Annual Report 1999-2000
independent evidence in cases of custodial violence, the Commission had recommended
to all the States and Union Territories that post-mortem examination of custodial deaths
be video-filmed and placed before the Commission to enable it to assess independently
the cause of such deaths. While a number of States have complied with this recommendation
of the Commission, it is essential for the Commission to reiterate that this recommendation
also be complied with by the States and UTs of Arunachal Pradesh, Maharashtra,
Mizoram, Manipur, Uttar Pradesh, Andaman & Nicobar Islands, Chandigarh and Delhi,
who have not yet responded positively. Tlieir acceptance of this recommendation is
essential to the proper protection of human rights in these States and Union Territories,
to the curbing of custodial violence.
3.23 The Commission also noted that the Autopsy Report forms, which were in use in
various States, were not comprehensive, and therefore, did not serve the desired purpose.
They left scope for doubt and manipulation. After detailed discussions with experts in
this field, and after ascertaining the views of the States and also talang into consideration
the UN Model Autopsy Protocol, the Commission prepared a Model Autopsy Form. This
was circulated among the States and Union Territories on 27 March 1997, for adoption.
So far, 25 States and Union Territories have accepted it. The Commission strongly urges
the remaining States of Arunachal Pradesh, Bihar, Gujarat, Jammu 8c Kashmir, Kerala,
Maharashtra, and Nagaland to adopt the Model Autopsy Form.
Minimum Kit for Autopsies
3.24 Pursuant to the letter dated 8 June 1999, received fiom the Commonwealth
Human Rights Initiative (CHRI), New Delhi, regarding the use of a model minimum
kit for autopsies, the Commission, on 11 June 1999, constituted a Committee, headed
by Justice Dr. K. Ramaswamy, Member of the Commission; along with Shri D.R.
Karthikeyan, Director General (Investigation); Shri R.D. Kapoor, Special Secretary (NE),
Ministry of Home Affairs; Dr. R.K. Tiwari, Chief Forensic Scientist; Bureau of Police
Research and Development; Dr. Bishnu Kumar, Forensic Science Expert; and Dr. Joep
Toebosch, Criminologist, to discuss issues relating to autopsy procedures and autopsy
forms ^vith the assistance of forensic science experts. The Committee ^vas also requested
to assess the utility of a kit presented by Dr. Joep Toebosch of CHRI. Consequent to
discussions of this Committee, the following decisions were taken:
□ Since the issue of post-mortem falls in the list of State subjects, the Ministry of
Home Affairs would need to coordinate this matter with the States and with the
Ministry of Health. The Ministry of Health may be made the Nodal Agency for
the Development of the Forensic Centres.
□ Material relevant to the subject should be collected and an effort made to finalise
proper directions as early as possible, which could then be issued in the form of
a booklet.
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