Government considering legislation for compensation to
victims of Custodial Violence: Home Minister
NHRC calls for ratification of UN Convention on Torture


New Delhi, 30 March 2006
Speaking at the inauguration of a seminar on 'Custodial Justice' organized by the National Human Rights Commission and the NGO, PRAJA, Union Home Minister, Shri Shivraj Patil stated that the Government is considering enacting a legislation to provide compensation to victims of custodial violence. The International Court of Justice has suggested that the victims of violence be compensated. This suggestion has been accepted in principle by the Government. A Committee would be formed and the help of judiciary will be taken in this regard. Admitting that cases of custodial violence do take place, he said that proper training, use of technology especially in investigation, improving infrastructure and sensitizing the public would help in curbing this crime. Addressing the participants, the Union Minister also stated that the judiciary has an active part to play as well. In his speech, Shri Patil also drew attention to the outdated practice of paying undue attention to getting oral evidence as opposed to circumstantial evidence during investigation.
Speaking on the occasion, Dr. Justice A.S. Anand, Chairperson, NHRC called on the Government of India to ratify the UN Convention on Torture, which it had signed in 1997. He regretted the lukewarm responses received from the Government in this regard, whenever the NHRC had sought information on the status. Terming custodial torture, a naked violation of human dignity, which ruins the victim physically and mentally, the Chairperson stated that it is for the authorities to take reformative measures to increase the efficiency and public image of the police. He said that the primary duty of those in uniform is to uphold the law and protect the citizens. When members of the police force resort to violence, it shows their scant respect for human rights. He stated that investigating agencies must realize that resorting to criminal violence to extract statement is not an excuse and power of arrest has to be justified. At the same time, Justice Anand admitted that the Indian police is hindered by its inadequate strength, infrastructure and training. He also suggested that it is high time the judiciary understand its role and become sensitive in dealing with cases where allegations have been made of custodial violence. He ended by saying the judiciary has to respond to the cry of the public for custodial justice, which is loud and clear.
Earlier, P.C. Sharma, Member NHRC, Nirmal Singh, Secretary General, NHRC and Dr. Rani Shankar Das in their speeches pointed out the objectives of holding the two-day seminar. The two-day seminar will see speakers sharing their views on topics such as 'Violations in police custody relating to arrest and investigation, Improving investigation methods and procedure, overcrowded prisons: Reasons and remedies, Prison conditions Rhetoric or Realty, Vulnerable: Prisoners and the issue of alternatives to prison and Training as a requisite for good Prison Management.
*******