NHRC modifies instructions to State Governments on Videogrphy of Postmortem of custodial deaths
The National Human Rights Commission has decided to modify its earlier instructions regarding videography of postmortem examination in respect of death in judicial custody.
The Commission way back in 1995 had asked all the States and Union Territories to inform the Commission of all custodial deaths within 24 hours of their occurrence and to send all relevant reports including the postmortem examination report subsequently. The then Chairperson of the Commission, Justice Ranganath Misra, in a letter dated 10 August 1995, had written to all Chief Ministers and Chief Administrators in this regard.
Now, in a letter dated 21 December 2001, the Chairperson of NHRC, Justice J.S. Verma, has written to the Chief Ministers and Chief Administrators of all States and UTs that the Commission was happy to observe a significant impact of the observance of these instructions on the general level of custodial violence in the country. However, an analysis of the cases of custodial deaths reported to the Commission during the last five years had highlighted the need for re-examination of the instructions on videography in cases of deaths in jail from the aspect of their utility and the practical difficulties pointed out by some of the jail authorities. A scrutiny of the reports had revealed that while deaths in police custody were very often results of custodial violence, majority of deaths reported from jails were due to illness aggravated by negligence in giving proper treatment.
Although, the Commission viewed the postmortem examination was essential even in such cases, it felt, the requirement of videogaphy of the examination could be relaxed to some extent.
Hence modifying its earlier instructions, the Commission has now directed that while its instructions regarding videography of postmortem examination in respect of death in police custody would remain in force as before, the requirement of videography of postmortem examination in respect of death in jail would be applicable only when the preliminary inquest by the Magistrate had raised suspicion of some foul play; or where a complaint alleging foul play had been made to the concerned authorities; or there was any other suspicion of foul play.
Writing about this fresh instructions to all the Chief Ministers/Chief Administrators, the Chairperson has requested them to ensure that these instructions be followed by all concerned in the future.
It may be mentioned that from April 2001 to December 2001, the National Human Rights Commission has received 964 cases of custodial deaths from State Governments and UTs. Of these, 131 were in police custody and 833 in judicial custody. In the period 2000-2001, ending 31 March 2001, 1037 cases of custodial deaths were reported to the Commission, 910 of which were deaths in judicial custody and 127 in police custody.
The Commission way back in 1995 had asked all the States and Union Territories to inform the Commission of all custodial deaths within 24 hours of their occurrence and to send all relevant reports including the postmortem examination report subsequently. The then Chairperson of the Commission, Justice Ranganath Misra, in a letter dated 10 August 1995, had written to all Chief Ministers and Chief Administrators in this regard.
Now, in a letter dated 21 December 2001, the Chairperson of NHRC, Justice J.S. Verma, has written to the Chief Ministers and Chief Administrators of all States and UTs that the Commission was happy to observe a significant impact of the observance of these instructions on the general level of custodial violence in the country. However, an analysis of the cases of custodial deaths reported to the Commission during the last five years had highlighted the need for re-examination of the instructions on videography in cases of deaths in jail from the aspect of their utility and the practical difficulties pointed out by some of the jail authorities. A scrutiny of the reports had revealed that while deaths in police custody were very often results of custodial violence, majority of deaths reported from jails were due to illness aggravated by negligence in giving proper treatment.
Although, the Commission viewed the postmortem examination was essential even in such cases, it felt, the requirement of videogaphy of the examination could be relaxed to some extent.
Hence modifying its earlier instructions, the Commission has now directed that while its instructions regarding videography of postmortem examination in respect of death in police custody would remain in force as before, the requirement of videography of postmortem examination in respect of death in jail would be applicable only when the preliminary inquest by the Magistrate had raised suspicion of some foul play; or where a complaint alleging foul play had been made to the concerned authorities; or there was any other suspicion of foul play.
Writing about this fresh instructions to all the Chief Ministers/Chief Administrators, the Chairperson has requested them to ensure that these instructions be followed by all concerned in the future.
It may be mentioned that from April 2001 to December 2001, the National Human Rights Commission has received 964 cases of custodial deaths from State Governments and UTs. Of these, 131 were in police custody and 833 in judicial custody. In the period 2000-2001, ending 31 March 2001, 1037 cases of custodial deaths were reported to the Commission, 910 of which were deaths in judicial custody and 127 in police custody.