NATIONAL HUMAN RIGHTS COMMISSION
B.
Custodial Violence and Torture
4.6
Custodial violence and torture is so rampant in India that it has become almost routine.
It represents the worst form of excesses by public servants entrusted with the duty of law
enforcement. The Commission regards crimes like rape, molestation, torture, fake encounter
in police custody as manifestations of a systemic failure to protect human rights of one of
the most vulnerable and voiceless categories of victims. Therefore, it is deeply committed to
ensure that such illegal practices are stopped and human dignity is respected in all cases.
Besides awarding compensation to the victims or their next-of-kin, the Commission’s efforts
are also geared towards bringing an end to an environment in which human rights violations
are committed with impunity under the shields of “uniform” and “authority within the four
walls of a police station, lock-up and prison, where the victims are totally helpless”.
4.7
The Commission has issued various guidelines in this regard. One of such guidelines
is that a death in custody has to be reported to the Commission within 24 hours. Though all
custodial deaths may not be crimes or the results of custodial violence or medical negligence,
it is important that no assumption is made without thorough enquiry and analysis of reports
like inquest report, post-mortem reports, initial health screening report, magisterial enquiry
report, etc. Compliance of the guidelines of the Commission by the State authorities, therefore,
plays a crucial role in quick disposal of cases relating to custodial deaths. However, it has
been seen that some deaths are reported after considerable delay or not reported at all, and
in many cases reports are forwarded to the Commission only after issuance of conditional
summons to the authorities concerned.
4.8
In the year 2017-18, the Investigation Division of NHRC has dealt with a total of 5,371
cases including 2,896 cases of deaths in judicial custody, 250 cases of deaths in police custody
and 2225 fact finding cases. The Division have also dealt with 277 cases of death in police
encounters.
C.
Important Illustrative Cases
a)
Custodial Deaths
1)
Death of 28 years old Undertrial Prisoner Deepak on 12.08.2015 in the Custody
of Tihar Jail, New Delhi
(Case No. 4533/30/9/2015-JCD)
4.9
The Commission received intimation from the Superintendent, Tihar Jail, Delhi that
an under-trial prisoner Deepak (28 years) lodged therein had died on 12th August, 2015. The
intimation revealed that the deceased was admitted in the Jail on 22.03.2013. On 11.8.2015,
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Annual Report 2017-2018