Custodial deaths

Four custodial deaths per day- a big figure & a big failure of custodians of custody. In last five years close to four custodial deaths have been reported a day in our country according to the Asian Centre for Human Rights (ACHR). It also highlights that a large number of deaths out of this is due to custodial torture & mental agony. In a report “ Torture in India 2008 : A State of Denial”, the first ever nationwide assessment of the use of torture in the nation, the ACHR assessed that 7,468 persons, on an average of 1,494 per year died or killed in prison and police custody during 2002-2007.
The first & foremost reason as assessed is the widespread use of torture in each & every case without confirming the type of crime. The point of concern is that only four persons have been convicted in 2004 & there in 2005 for being responsible for custodial deaths. The ACHR has raised its voice firmly after the survey & warns that unless the government addresses the human rights violations and brings those responsible to book, the counter insurgency success will boomerang significantly and the space for violence & armed struggle will grow. Even the extremist organizations will be encouraged to violate the human rights those against their ideologies, informers, opposition groups etc. by killing & torturing them. They have already started ‘Jan Adalats’ to impose torture & mutilation.
So the ACHR recommends that the government enact legislation to criminalise torture & provide compensation to the victims. Further it has also recommended to amend the Human Rights protection Act of 1993 to bring the armed forces under the purview of the NHRC to recognize torture as a crime distinct from custodial death and provide a separate department to study all reports submitted to the commission regarding custodial deaths including the medical reports. A separate prosecution department should also be created to take necessary actions for prosecution of the people responsible for custodial deaths. Apart from that proper measures must be taken impartially to establish the evidence leading to torture. Moreover the investigating agency must be a third party which can carryover works without pressure and then only the culprits can be brought into justice & the custodial deaths can be controlled.