This document discusses several issues related to deaths in police custody in India. It notes that 415 people died due to torture in police custody from 1985-1991, and 46 died just in Delhi from January to March 1993. The National Crime Records Bureau reported 84 custodial deaths in 2002. The document also discusses torture, illegal detention, violations of rights of scheduled castes and tribes, juvenile justice, and makes suggestions such as authorizing NHRC to take action against false complaints and creating state-level human rights commissions.

4.  DEATH IN POLICE CUSTODY

5. STATISTICS OF DEATH IN POLICE CUSTODY

6.  TORTURE

7.  DEATH BY TORTURE
 415 persons died in the custody of police and security forces due to
torture during 1985-91
 The Government itself admitted in Rajya Sabha that 46 persons died in
police custody due to torture within three months that is January to
march 1993 in Delhi alone.
 As per the crime statistics of the year 2002 published by NCRB, 84
custodial deaths were reported, 34 cases were registered, 32 policeman
were charge-sheeted

8.  NCRB 2002: 84
CUSTODIAL DEATH, 34
CASES REGISTERED, 32
POLICE WERE CHARGE
SHEETED.
 JAN-MAR 1993: 46
PERSONS DIED IN
POLICE CUSTODY IN
DELHI.
 1985-91: 415 PERSONS
DIED IN THE CUSTODY
OF POLICE DUE TO
TORTURE

9.  DEATH IN JUDICIAL CUSTODY

10.  POLICE HARASSEMENT
The Commission on 9 May 2001, reiterated the underlying principle and object
of enacting section 18 (3) in The Protection of Human Rights Act 1993.
i. The object of section 18(3) of the Act is to provide immediate interim relief in a
case where strong prima facie case of violation of Human Rights, has been made
out.
ii. A welfare state recognising its obligation to afford “relief” to its citizens in
distress, particularly those who are victims of violation of their Human Rights by
public servants
iii.The meaning to be given to the section 18(3) by any State professing to be
welfare state should ensure a liberal construction to promote the philosophy of
the statute.

11.  ILLEGAL DETENTION AND TORTURE
The constitution contains some minimum procedural requirements which
must be complied by procedure established by law Article-22.
Article 22 guaranteed the following safeguard against arrest or detention
made under the Right to be informed.
a) Right to consult and to be defended by a legal practitioner of his choice.
b) Right to be produced before the nearest magistrate within 24 hours of
arrest.
c) Right not be detained in custody beyond- 24 hours without the authority of
the magistrate.

12.  VIOLATION OF RIGHTS OF
SC/ST’s
 The National Human Rights Commission is expanding in the field of
violation of rights of the Scheduled Castes and the Scheduled Tribes.
 The Commission observed that the Right to Health and Medical Care is a
fundamental right under Article 21, read with Articles 39(e), 41 and 43
of the Constitution.
 The Right to Life includes protection of the health and strength of workers
and is a minimum requirement to enable a person to live with human
dignity. The Universal Declaration of Human Rights as well as other
International Instruments also speaks of this right.

13.  JUVENILE JUSTICE

14.  The Juvenile Justice towards the prevention and treatment of juvenile
delinquency and provides a framework for the protection, treatment and
rehabilitation of children in the purview of the juvenile justice system.
 The Former Chairman of the National Human Rights Commission
(NHRC) Chairman Justice A.S. Anand stated, “Overcrowding throws
every system out of gear and is found to be the root cause of the
deplorable conditions in our jails”
 The survey mentioned that “Slow progress of the cases and operation of
the bail system to the disadvantage of the poor and illiterate is responsible
for the plight of others who continue to suffer all the hardships of
incarceration although their guilt is yet to be established.

15.  SUGGESTION REGARDING NHRC

16.  The National Rights Commission should be authorised to take action against
the persons who are found guilty of making false complaint against security
personnel, armed forces, Para military forces and other law enforcement
agencies.
 That the knowledge and awareness of human rights is most important for a
democratic country. Accused should be made aware of the human rights
available to them under the International human rights instruments as well as
National Laws.
 Both the print and electronic media owe the responsibility and the duty
towards the society, in controlling the crime effectively.
 Lawyers should also play a constructive role in bringing justice to the
individuals.
 Like the National Human Rights Commissions at the national level, Human
Rights Commission are also required to be created in all the states as envisaged
in the Protection of Human Right Act, 1993.

19. THANK YOU
BY THE FIMT SCHOOL
OF
LAW