New Delhi, Oct 17, 2024
In a grim reminder of the excesses committed in prisons, the National Human Rights Commission has recommended monetary relief of over Rs 4.5 crore to 89 judicial custody death victims whose cases were disposed of by the rights panel between April-September 2024.
Deaths of under-trials and prison inmates serving sentences form the largest chunk of cases that land at the doorstep of the rights panel which had 2,109 such cases awaiting disposal till October 4, official data with the Ministry of Home Affairs showed.
In the current financial year, the maximum number of 32 judicial custody death cases were settled by the NHRC in May while the second highest number of 25 such cases were disposed of in April.
Apart from the spillover from previous years, a total of 186 judicial custody death cases were registered by the NHRC in the current financial year. Since April, the rights panel has disposed of 141 cases out of which jail authorities and state governments were found to be guilty of lapses in 89 matters.
Deaths in police custody and deaths in police encounters are the next two large categories of complaints pending with the NHRC, with 265 and 201 matters, respectively, awaiting disposal.
The backlog and regular flow of complaints related to judicial custody deaths can be gauged from the fact that the number of intimations received by NHRC annually has remained, on average, above 1,500 over the past decade.
Interestingly, out of the Rs 7.36 crore monetary relief ordered by the NHRC, in different cases of rights violation including rape/abduction, electrocution or death in police firing, in the first nine months of the current financial year, Rs 4.5 crore were given to victims of judicial custody victims alone.
To prevent judicial custody deaths, the NHRC recommends the implementation of strict laws against torture and custodial violence, ensuring effective enforcement and accountability for perpetrators.
Apart from the recommendations for monetary relief for the victims, the Commission also suggests disciplinary or departmental action against errant public servants in cases of judicial custody deaths.
As per NHRC guidelines on custody deaths, District Magistrates and Superintendents of Police must report any incidents of custodial death to the NHRC within 24 hours of occurrence or upon becoming aware of the incident. Failure to do so may imply an attempt to conceal the event.
For early relief for a victim’s family, the NHRC has also recommended the establishment of victim compensation schemes that are accessible without the need for an FIR, ensuring that victims of custodial violence receive timely legal aid and support from civil society organisations.(Agency)
