18
...
...
...
...
..
T E N Y E A R S O F T H E C O M M I S S I O N I N R E T RO S P E C T
presented a comprehensive memorandum to the Prime Minister on this subject
in April 1997. That analysis contributed in large measure to India signing the
Convention on 14 October 1997. Ratification, however, is still awaited, despite
the repeated urgings of the Commission.
3)
Police, Prisons and the Administration of
Criminal Justice
2.26 The issue of police reform was first raised by the Commission in 199596. The Commission urged the Government to implement key recommendations
contained in the Second Report of the Police Reforms Commission which dated
back to 1979 and dealt, inter alia, with the need to insulate the investigative
work of the police from political and other "extraneous" influences. Subsequently,
detailed submissions were made to the Supreme Court on this matter in the
case Prakash Singh vs. Union of India. The needed reforms, however, remain
elusive and the country has continued to pay an unconscionable price as a
result. Indeed, the Commission has recently been constrained to revert to this
matter in a different context: its Proceedings of 1 April and 31 May 2002 in
respect of the situation in Gujarat deal at some length with the imperative
need to proceed expeditiously with police reform and the grave consequences
that can and have resulted - in more than one State - from a failure to act
on this subject.
2.27 The need to re-write the Indian Prisons Act, 1894 was initially raised by
the Commission in 1994-95 and has been pursued ever since, progress to alter
their Acts and Manuals along contemporary lines having recently been made
in certain States. In addition, the Commission has made continuous efforts to
address issues such as over-crowding in jails, the lack of sanitation, delays in
trial, the health of prisoners, the payment of wages, the remission of sentences
and the release of prisoners sentenced to life imprisonment.
4)
The Three "Unfreedoms" - Hunger, Illiteracy, Early
Death: Striving for Economic and Social Rights
2.28 India is a party to the 1966 International Covenant on Economic, Social
and Cultural Rights which specifically recognizes the "fundamental right of
everyone to be free from hunger"; the "right of everyone to education", asserting
that "primary education shall be compulsory and free to all"; and the "right
of everyone to the highest attainable standard of physical and mental health."
N AT I O N A L H U M A N R I G H T S C O M M I S S I O N