The National Human Rights Institutions (NHRIs) of India i.e. National Human Rights Commission (NHRC) and the State Human Rights Commissions (SHRCs) are mandated to address human rights violations and continue to intervene in cases of torture.
As per the latest data available, the National Human Rights Commission registered a total of 7,169 fresh cases, including 10 relating to death in police custody and 104 relates to deaths in judicial custody, while it disposed of a total of 7,783 cases (Fresh + Old), including 13 cases of death in police custody and 235 cases of death in judicial custody, during February 2019. A total of 20,203 cases (Fresh + Old), including 380 cases of death in police custody and 3,452 cases of death in judicial custody, were under consideration of the commission as of February 2019.[1]
In February 2019, the NHRC has awarded a total of Rs 1,57,55,000 in 57 cases of human rights violations, including 12 cases of death in police custody, 11 cases of death in judicial; one case of death in custody of defence forces; three cases of failure in taking lawful action, two cases of abuse of power, one case of illegal arrest, among others.[2]
Some of the emblematic cases of interventions during March 2019 are given below.
Case 1: Haryana SHRC directs State government to compensate two custodial torture victims
On 27 March 2019, the Haryana State Human Rights Commission directed the State government of Haryana to pay compensation of Rs. 15,000 each to two persons who were stripped and tortured in police custody in Sonepat in 2015. The victims identified as Suresh and Balraj were taken to preventive custody by Inspector Satyender Kumar, then station house officer (SHO) of Gohana city police station on 8 February 2015 when they approached him to register an FIR. The SHO instead of registering the FIR, took the victims into preventive custody, stripped and tortured them in the police lock-up. Passing a 15-page order, the Commission said that the State government was “liable for the wrongs committed by its officers” and observed that the “act of the police was totally illegal and clearly in violation of human rights of the citizens”.[3]
Case 2: TNSHRC recommends prosecution against police officials for fake encounter
On 14 March 2019, the Tamil Nadu State Human Rights Commission (TNSHRC) recommended the prosecution for culpable homicide, apart from disciplinary action against four police personnel involved in a fake encounter case in Virudhunagar district in 2009. The TNSHRC also recommended the State government to pay a compensation of Rs 10 lakh to the wife of the deceased Sundaramurthy. The police claimed the deceased had tried to escape from custody and posed a threat to them and was shot in self-defence. However, the TNSHRC held that the police officials, the then Inspector of Police Radhakrishnan and then Police Constables Kamaraj, Siva and Karunakaran, had determined to kill him in the pretext of self-defence and shot him.[4]
Case 3: NHRC summons District Collector & Magistrate, Jaipur in a case of custodial death
On 12 March 2019, the National Human Rights Commission summoned the District Collector and Magistrate of Jaipur district of Rajasthan for failure to submit reports in the custodial death of Waheed, s/o Mohd Munna Khan, a prisoner lodged at District Jail, Jaipur. The Prisoner had died on 27 January 2018. The Collector failed to submit the health screening report of the deceased at the time of admission in the jail, post-mortem report, viscera/HP examination report with final cause of death, inquest report, complete treatment record and CD of the post-mortem examination despite issuance of several reminders. Taking serious view of the delay, the NHRC directed the Collector to appear before it along with the reports on 19 April 2019.[5]
Case 4: TNSHRC directs State government to compensate law student for custodial torture
On 11 March 2019, the Tamil Nadu State Human Rights Commission (TNSHRC) directed the State government of Tamil Nadu to pay a compensation of Rs 2 lakh to P Manokaran, a law student who was allegedly stripped and tortured by three police personnel at A Mukkulam police station in Virudhunagar district in 2012. The TNSHRC held the police personnel guilty of human rights violation of the student and asked the government to recover the compensation from Special Sub-Inspector (SSI) A Anburaj and constables Rajasekhar and Prabu. The SSI was asked to pay Rs 100,000, and the two constables 50,000 each. The victim had gone to the police station with his maternal uncle in connection with a civil dispute case on 2 January 2012. The student had asked the police not to interfere in the civil dispute between his maternal uncles. But the police constables and the SSI got angry by the advice and stripped and tortured him. The victim sustained injuries for which he had to be hospitalised for nine days.[6]
Endnotes:
[1]. Monthly Salient Statistics of Cases registered/disposed by NHRC during February 2019, National Human Rights Commission, data as on 14.03.2019, http://nhrc.nic.in/sites/default/files/Monthly_Salient_Statistics_2019_02.pdf
[2]. Monthly Salient Statistics of Cases registered/disposed by NHRC during February 2019, National Human Rights Commission, data as on 14.03.2019, http://nhrc.nic.in/sites/default/files/Monthly_Salient_Statistics_2019_02.pdf
[3]. Rights panel orders compensation to duo ‘illegally detained, stripped’ by cops, The Times of India, 30 March 2019, https://timesofindia.indiatimes.com/city/gurgaon/rights-panel-orders-compensation-to-duo-illegally-detained-stripped-by-cops/articleshowprint/68638821.cms
[4]. Fake encounter: SHRC for action against policemen, The Hindu, 14 March 2019, https://www.thehindu.com/news/cities/Madurai/fake-encounter-shrc-for-action-against-policemen/article26536930.ece
[5]. NHRC Case No. 285/20/14/2018-JCD
[6]. SHRC directs TN govt to pay Rs 2 lakh as damages to student, The Business Standard, 11 March 2019, https://www.business-standard.com/article/pti-stories/shrc-directs-tn-govt-to-pay-rs-2-lakh-as-damages-to-student-119031100923_1.html
