This document provides an overview of custodial torture in India. It defines torture, describes common torture methods and types (police vs. judicial custody), presents statistics on custodial deaths from 2000-2011, outlines relevant international and domestic legal frameworks, and provides three case examples each of torture in police and judicial custody.

1. National Human Rights Commission
Human Rights violation in Custodial
Torture
Submitted By:
Avinash Rajput
M.A CRIMINOLOGY 3RD SEMESTER
LNJN NATIONAL INSTITUTE OF
CRIMINOLOGY AND FORENSIC SCIENCE.
GGSIP UNIVERSITY, DELHI

2. CONTENTS
1. Acknowledgement
2. Introduction
3. Definition of torture
4. Methods of torture
5. Types of torture
6. Statistics of Custodial Deaths in India
7. legal framework related to torture
8. Institutions helping Torture Victimes

3. Acknowledgement
At the very outset I would like to express my deep gratitude and sincere
thanks to the National Human Rights Commission (NHRC) for giving me
an opportunity to do my internship.
I would like to extend my sincere thanks to Dr.S.K.Jain and Mr.Vinudev
Sachin for their help, support and guidance at every junction of the
preparation of this project. This project would not have been possible
without their help and knowledge.
I also want to take this opportunity to thank all the staffs of library and
other departments who helped in many ways. I also thank the other
staffs in NHRC who were co-operative.
I would also like to thank my fellow classmates, and fellow interns who
helped me in providing their views regarding the topic done in this
project.
The views expressed in this report are my own and cannot be attributed
to NHRC.
Avinash Rajput

4. Introduction
Torture is unfortunately an increasing problem throughout the world and,
according to Amnesty International, government-sanctioned torture is
verified in more than 100 countries. Torture is known to have longterm
physical and psychological effects on the victims.
Torture is often used to punish, to obtain information or a confession, to
take revenge on a person or persons or create terror and fear within a
population. Some of the most common methods of physical torture
include beating, electric shocks, stretching, submersion, suffocation,
burns, rape and sexual assault.
Torture is a serious violation of human rights and is strictly prohibited by
international law. It was one of the main issues which was covered by
the United Nations. One of its earliest measures was to abolitish corporal
punishment in colonial territories in 1949. International law prohibits
torture and other forms of inhuman and degrading treatment, which
cannot
be
accepted
under
any
circumstances.
Torture continues to be practiced in a majority of countries round the
world. A 2001 report by Amnesty International highlighted the use of
torture by 140 states between 1997 and 2001, and found that every year
thousands of perpetrators beat, rape and electrocute other human
beings.
Torture has been used in most countries from time imme-morial. Its
concept is based on two fundamental facts. First, that we all have
imaginations, and secondly, that our bodies are susceptible to pain. In
other words we can envisage what’s likely to happen, and we don’t like
getting hurt.

5. Definition of Torture
Article 1 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment provides the
internationally agreed legal definition of torture:
Torture means any act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person for such
purposes as obtaining from him or a third person information or a
confession, punishing him for an act he or a third person has committed
or is suspected of having committed, or intimidating or coercing him or a
third person, or for any reason based on discrimination of any kind,
when such pain or suffering is inflicted by or at the instigation of or with
the consent or acquiescence of a public official or other person acting in
an official capacity. It does not include pain or suffering arising only from,
inherent in or incidental to lawful sanctions.
This definition contains three cumulative elements:
• the intentional infliction of severe mental or physical suffering
• by a public official, who is directly or indirectly involved
• for a specific purpose.
Article 2 of the The Inter-American Convention to Prevent and
Punish Torture (1985) provides the definition of torture:
Torture shall be understood to be any act intentionally performed
whereby physical or mental pain or suffering is inflicted on a person for
purposes of criminal investigation, as a means of intimidation, as
personal punishment, as a preventive measure, as a penalty, or for any
other purpose. Torture shall also be understood to be the use of
methods upon a person intended to obliterate the personality of the
victim or to diminish his physical or mental capacities, even if they do not
cause physical pain or mental anguish.
The World Medical Association in its "Declaration of Tokyo" (1975)
defines torture as follows:
Torture is defined as the deliberate, systematic or wanton infliction of
physical or mental suffering by one or more persons acting alone or on
the orders of any authority, to force another person to yield information,
to make a confession, or for any other reason.

6. Article 3 of The Prevention of Torture Bill, 2010 defines torture as
follows:
Whoever, being a public servant or being abetted by a public servant or
with the consent or acquiescence of a public servant, intentionally does
any act for the purposes to obtain from him or a third person such
information or a confession which causes,—
(i) grievous hurt to any person; or
(ii) danger to life, limb or health (whether mental or physical) of any
person,
is said to inflict torture:
Provided that nothing contained in this section shall apply to any pain,
hurt or danger as aforementioned caused by any act, which is inflicted in
accordance with any procedure established by law or justified by law.
International law defines that torture is "cruel, inhuman, or degrading
treatment." In addition to the types of severe pain and suffering
mentioned above, torture thus also includes being forced to stand
spread eagled against the wall for hours; being subjected to bright lights
or blindfolding; being subjected to continuous loud noise; being deprived
of sleep, food or drink; being subjected to forced constant standing or
crouching; or violent shaking.

7. Methods of Torture
Following is a list of some common methods of torture. It would be
impossible to create an exhaustive list all of methods of torture currently
in use in the world. Torturers continue to develop new and more
sophisticated methods of torture and ways to hide evidence of the
torture.
 Physical Torture
Blunt trauma: beating, punching, kicking, slapping, whipping,
truncheons, falling down
Positional torture: forced body positions, suspension, stretching
limbs, constraint of movement, binding
Crush injuries
Burning: instruments, cigarettes, scalding liquid, caustic substance
Stabbing with knife, cutting with knife
Wires under nails, electric shock
Mutilating body parts, traumatic removal of body parts
Amputation of digits and limbs, removal of organs
Asphyxiations: drowning, smothering, choking, chemicals
Chemical exposures in wounds, body cavities
Attacks by animals, dental torture
Exhaustion, forced labour, starvation
 Psychological Torture
Threatening to harm or kill the victim or the victim's relatives
Forced witnessing or hearing the torture of others
Mock execution, forced to harm others
Denigration and humiliations, threats of attacks by animals
Violations of taboos, violation of religion

8. Types of Torture
There are mainly two types of torture
 Torture in Police custody
 Torture in Judicial custody

Torture in police Custody
Police tortured the accuse to know the truth. In Police custody
torture is mainly inflicted upon the accused/suspected in order to
extract relevent information that could help in fixing up the crime.
Torture in police custody remains widespreadand systematic
practice in India.The victim suffer high risks of torture in the first 24
hours,following detention.
There are no safeguards to ensure that a person taken into
custody will have their detention recorded, have prompt access to a
lawyer or impartial medical exeminition upon their arrival at the place
of detention, or at the time of his release.
Cases of Torture in Police Custody
Case1:
On 7 April 2010, Mr. Velji Parmar (45 years), who was
accused of stealing, died due to alleged torture at the Tadaja police
station in Bhavnagar district of Gujarat. Police claimed the deceased
complained of chest pain and was taken to hospital where he was
declared dead. However, the deceased’s wife, Mrs Manjula
alleged that Mr Parmer was tortured to death in custody. The postmortem report reportedly revealed about 37 injury marks on the
deceased’s body.
Case2:
On 27 October 2010 night, Balistar (40 years) died at the
Nababad Police Station in Jhansi district of Uttar Pradesh. The
deceased was picked up by the personnel of the Special Operations
Group (SOG) on the same day in connection with a robbery case. The
police claimed Balistar committed suicide. However, the deceased’s

9. relatives alleged that Balistar died of police torture. They further alleged
that the police did not allow them to meet him after his condition
deteriorated in the police station and the police had taken the deceased
to the hospital only after he had died to conceal their crime.
Case3:
On 29 January 2010, Aftab Alam (27 years) died due to
alleged torture at Aati Police Station in Gaya district of Bihar. The
deceased, a resident of Bhaon village in Gaya district, was working as a
tailor in Mumbai, Maharashtra. Alam returned home to attend a religious
ceremony at home. Police claimed Alam fell down and died while being
taken to court. However, the deceased’s family members alleged that he
was picked up on the night of 28 January 2010 and was taken to Aati
police station where he was subjected to torture which resulted in his
death.

10.  Torture in judicial Custody
It is seen in many states that the prisons, they are manage by the
group of persons. who are some times patronised by the jail
authorities, and these gangs take the prison premises as their
personal fiefdom. The member of the gang beat the innocent
prisoners. who show no allegiance to any of the gangs and they
are tortured to the extent that they commit suciede.
The use of torture in Indian prisons/detention centres is a matter of
documented fact. According to National Crime Records Bureau (NCRB)
under Ministry of Home Affairs, 1,424 prisoners died in 2006, 1,387
prisoners in 2005, 1,169 prisoners in 2004,152 and 1,060 prisoners in
2003153 in India. Of the 1,423 prisoners who died in 2006, 80 died as a
result of ―unnatural” causes
Cases of Torture in Judicial Custody
Case1: On
12 January 2010, undertrial prisoner Mr. Krishna Kumar
died due to alleged torture at Bhondsi Jail, Gurgaon in Haryana. The jail
officials claimed Mr Kumar died due to medical complications. However,
the deceased’s family alleged that they saw injury marks on Mr Kumar’s
back suggesting torture.
Case2:
On 22 February 2010, undertrial prisoner Mr. Jahangir Khan
(22 years) died under mysterious circumstances at Chas Jail in Bokaro
in Jharkhand. The jail authorities claimed Mr Khan had attempted
suicide by setting himself on fire after pouring kerosene from a lamp in
his ward on 21 February 2010. Mr Khan was rushed to the Bokaro
General Hospital with severe burn injuries but died on the next day.
However, Mr Khan before his death alleged in front of media persons
that he had been tortured by the jail inmates and staff.
Case3: On 1 August 2010, Dalit Surendra Jaatav was beaten to death
allegedly by a group of Jat community at Mussoorie village in
Ghaziabad, Uttar Pradesh. In her compliant, deceased’s wife Dharmwati
alleged that her husband was beaten to death after he refused to work
for free in their homes and fields.

11. Statistics of Custodial Deaths in India
Deaths in police custody between 2000 and 2010
Year
2000-2001
2001-2002
2002-2003
2003-2004
2004-2005
2005-2006
2006-2007
2007-2008
2008-2009
2009-2010
2010-2011
No. Of Deaths
127
165
183
162
136
139
119
187
127
124
147
Deaths in judicial custody between 2000 and 2009
Year
2000-2001
2001-2002
2002-2003
2003-2004
2004-2005
2005-2006
2006-2007
2007-2008
2008-2009
2009-2010
No. Of Deaths
910
1140
1157
1300
1357
1591
1477
1789
1532
1389

12. legal framework related to torture
 Prohibition of torture and other forms of illtreatment in international treaties
Universal Declaration of Human Rights (UDHR)
Article 5 of The Universal Declaration of Human Rights states that ―No
one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.‖
Article 8 of The Universal Declaration of Human Rights says that,
―Everyone has the right to an effective remedy by the competent national
tribunals for acts violating the fundamental rights granted him by the
constitution or by law.‖
The Universal Declaration of Human Rights, which sets out the basic
human rights standards that apply to all States, forms part of customary
international law.
International Covenant on Civil and Political Rights
Article 7 of the International Covenant on Civil and Political Rights
provides that no person ―shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment.‖
Article 10 of the International Covenant on Civil and Political Rights
states that ―All persons deprived of their liberty shall be treated with
humanity and with respect for the inherent dignity of the human person.‖
The Covenant provides that anyone claiming that their rights have been
violated shall have an effective legal remedy. Further, no derogation is
allowed regarding the right not to be subjected to torture and other forms
of ill-treatment.
The Covenant establishes the Human Rights Committee, which monitors
the implementation of the rights set out in the treaty. It does this by
examining the reports of States parties, as well as individual
communications/complaints received under the treaty’s Optional
Protocol.

13. The Covenant is an international treaty that binds all States that have
ratified it. The high number of States parties to the Covenant (165 in
April 2010) indicates the overwhelming acceptance of the human rights
standards that it contains.
United Nations Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
The United Nations Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment is the most
comprehensive international treaty dealing with torture.
It contains a series of important provisions in relation to the absolute
prohibition of torture and establishes the Committee against Torture to
monitor the implementation of treaty obligations by States parties.
The Committee examines the reports of States parties and individual
complaints. The Committee’s concluding observations and its views on
individual communications provide an additional aid in interpreting the
Convention.

14.  Prohibition of torture and other ill-treatment in
regional instruments
There are four general regional human rights treaties – in Europe, Africa,
Arab countries and the Americas
– which each contain a clear and unequivocal prohibition of torture.
There are also two regional treaties
– in Europe and the Americas – that deal specifically with torture.
European Convention on Human Rights
The European Convention on Human Rights, adopted in 1950, is a
regional treaty under the auspices of the Council of Europe. Article 3
states:
No one shall be subjected to torture or to inhuman or degrading
treatment or punishment.
The Council of Europe has also adopted a treaty dealing specifically with
torture: the European Convention for the Prevention of Torture (1987).
This treaty does not create any new norms but does establish a visiting
Committee
Constitution of india
Article 21 of indian constitution states that ―No person shall be deprived
of his life or personal liberty except according to procedure established
by law.‖ It gives the right of life and personal liberty to every person.
Treaties under the Organization of American States
The American Convention on Human Rights, adopted in 1969, is a
regional treaty under the auspices of the Organization of American
States. Article 5 states:
Every person has the right to have his physical, mental, and moral
integrity respected. No one shall be subjected to torture or to cruel,
inhuman, or degrading punishment or treatment. All persons deprived of
their liberty shall be treated with respect for the inherent dignity of the
human person.
The Convention also specifically states that any public official who
carries out torture – or who orders it or fails to prevent it – is guilty of a

15. crime and that acting under orders is no defence to the crime. The
Convention provides for an absolute prohibition of torture that cannot be
suspended under any circumstances.
The Convention also requires States parties to take effective measures
to prevent and punish other cruel, inhuman or degrading treatment or
punishment. While the Convention does not contain a separate
enforcement mechanism, the Inter-American Commission on Human
Rights has an obligation to report on the practice of torture in Member
States and the Inter-American Court has taken on jurisdiction of this
treaty.
African Charter on Human and Peoples’ Rights
The African Charter, adopted by the Organization of African Unity in
1981, states:
Every individual shall have the right to the respect of the dignity inherent
in a human being and to the recognition of his legal status. All forms of
exploitation and degradation of man, particularly slavery, slave trade,
torture, cruel, inhuman or degrading punishment and treatment shall be
prohibited.
Arab Charter on Human Rights
Article 8 of the Arab Charter on Human Rights, adopted by the League
of Arab States provides that:
1. No one shall be subjected to physical or psychological torture or to
cruel, degrading, humiliating or inhuman treatment.
2.Each State party shall protect every individual subject to its jurisdiction
from such practices and shall take effective measures to prevent them.
The commission of, or participation in, such acts shall be regarded as
crimes that are punishable by law and not subject to any statute of
limitations. Each State party shall guarantee in its legal system redress
for any victim of torture and the right to rehabilitation and compensation.

16.  United Nations standards
The United Nations has a developed a number of standards related to
the prevention of torture, including:
• Standard Minimum Rules for the Treatment of Prisoners
• Basic Principles for the Treatment of Prisoners
• Body of Principles for the Protection of All Persons under Any Form
of Detention or Imprisonment
• Rules for the Protection of Juveniles Deprived of their Liberty
• Standard Minimum Rules for the Administration of Juvenile Justice
(The Beijing Rules)
• Principles of Medical Ethics relevant to the Role of Health
Personnel, particularly Physicians, in the Protection of Prisoners and
Detainees against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
• Model Autopsy Rules
• Code of Conduct for Law Enforcement Officials
• Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials
• Principles on the Effective Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment of
Punishment (Istanbul Protocol).

17. Institutions helping Torture Victimes
There are mainly three agencies in india who helps the victimes of
torture.
 National Human Rights Commission
 State Human Rights Commission
 NGOs related to National Human Rights Commission
the Commission issued instructions that any instance of custodial death
must be reported to it within 24 hours of occurrence. Such information
was to be followed by the submission to the Commission of the relevant
post-mortem report, the magisterial inquest report and a videography
report on the postmortem. Unfortunately, it was observed that there was
frequent delay in the sending of these reports. This in turn delayed the
processing of cases of custodial violence in the Commission and the
awarding of interim relief when, prima-facie, there was reason to
conclude that a custodial death had resulted from custodial violence.
Given this unsatisfactory situation, the Commission has issued fresh
instructions requesting that all concerned reports, namely the postmortem, videograph and magisterial inquiry reports, must be sent to the
Commission within two months of the incident. The postmortem reports
have to be recorded on a new form, designed by the Commission, which
has been circulated to all concerned authorities. Further, in every case
of custodial death, a magisterial inquiry has also to be conducted as
directed by the Commission. It should be completed expeditiously and
transmitted to the Commission within the deadline of two months that
has been set by the Commission.
In certain cases of custodial death, and after the post-mortem
examination, the viscera are sent for examination and a viscera report is
required. However, such reports also take time in being received. The
Commission has therefore clarified that the post-mortem reports and
other related documents should be sent to the Commission without
waiting for the viscera report, with the latter being sent subsequently as
soon as it is available.