National Human Right Commission
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, and in many cases reports are forwarded to the Commission
only after issuance of conditional summons to the authorities concerned.
4.8
Chapter - 4
of custodial violence or medical negligence, it is important that no assumption
In the year 2015-2016 the Investigation Division has dealt with a total
of 3,848 cases of custodial deaths, including 3,606 cases of death in judicial
custody and 242 cases of death in police custody. The Division has also dealt
with 156 cases of deaths in encounter with security forces/police forces. The
forensic experts empanelled with the NHRC have given expert opinion in 204
cases of custodial deaths and encounter deaths. The Investigation Division has
collected reports and analyzed 1,827 fact finding cases relating to complaints
regarding allegation of threat to life in fake encounter, false implications, illegal
detention, custodial torture and other complaints of violation of human rights.
C.
Important Illustrative Cases
a)
Custodial Deaths
Judicial Custody
1.
Death of Undertrial Ram Avtar Baitha in Central Jail, Siwan, Bihar
(Case No.1679/4/37/2012-JCD)
4.9
The Commission took cognizance of the matter on 10 June 2012 on the
basis of intimation received from the Superintendent, Central Jail, Siwan that
an undertrial Ram Avtar Baitha lodged therein had died on 19 May 2012. The
NHRC called for the requisite reports and observed that in the inquest report,
Annual Report - 2015-2016
39