NHRC Workshop on Detention

A two-day Workshop on 'Detention' was organized by the National Human Rights Commission of India in New Delhi from 11th -12th October, 2008. The issue of Detention in Prison, in Police Custody, in Juvenile Justice Homes, Preventive Detention and Mental Health Issues of Detention and matters related thereto were discussed in four technical sessions of the Workshop.
Earlier, in his inaugural address NHRC, Chairperson, Mr. Justice S. Rajendra Babu said, the Commission has laid down stringent reporting requirements for reporting of custodial deaths and rapes; issued guidelines among others, on arrests, mentally ill persons in prisons, medical examination of prisoners, speedy trial of under trial prisoners and premature release of prisoners. He added that the hallmark of any society is the way it protects and promotes rights of the citizens including persons under detention. He also highlighted the paradox of the 20th century which witnessed a large number of violations across nations and across societies despite a plethora of human rights standards and instruments evolved under the United Nations.
The Chief Guest, Ms. Baroness Vivien Stern, a Member of House of Lords, Britain and Honorary President, Penal Reforms International, U.K. in her key note address appreciated the work of NHRC for what it has done for many oppressed and ill treated persons in India since its inception in 1993. She said, India being the world's biggest democracy, any action by NHRC, India in protecting the human rights as per the spirit of the Universal Declaration of Human Rights sends out a message to many other countries. Ms. Stern also released two publications of NHRC on the occasion, namely, 'Mental Health Care and Human Rights' and 'NHRC's Recommendations on Relief and Rehabilitation of Displaced Persons'.
The Workshop was organized as a part of programme to commemorate the 60th Anniversary of Universal Declaration of Human Rights, UDHR in the dignity and justice for detainees week from 6th to 12th October, 2008, designated by the Office of the High Commissioner to pay special attention to the conditions of detainees in prisons, police custody and other places. It also marked the yearlong campaign to celebrate the 60 Years of UDHR.
The First technical session on 'Detention in Prisons, Police Custody' was chaired by Mr. Justice B.C. Patel, Member, NHRC. The panelists included Ms. Baroness Vivien Stern , Prof. Venkata Rao, Dean Faculty of Law, Andhra University, Prof. K.N. Chandrashekharan Pillai, Director, Indian Law Institute, New Delhi. Ms. Barones Vivien Stern said, she has visited prisons in all regions of the world. Detained people are not the most popular people. We need to try continually to meet them. India has done well to use imprisonment sparingly. She said, India has one of the lowest rates of imprisonment in the whole world - 32 prisoners for every 1,00,000 people. In the US, the imprisonment rate is 763 per 1,00,000, which is 24times what it is in India. The US has 5 percent of the world's population but 25 percent of it are prisoners. In England, the rate is 153, nearly 5 times that of India. Mr. Justice B.C. Patel said, in a democracy, the police conduct must conform to the Rule of Law, Constitution and provisions of laws.
The second technical session on 'Preventive Detention' was chaired by Mr. Justice G.P. Mathur, Member, NHRC. He said, Clause (4) of Article 22 lays down that no law providing for Preventive Detention shall authorize the detention of a person for a period longer than three months unless an advisory board consisting of persons who are or have been or are qualified to be appointed as judges of a High Court have reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention. The panelists included Mr. Soli Sorabjee, Sr. Advocate, Supreme Court of India, Mr. D. Diptivilasa, Joint Secretary, Ministry of Home Affairs, Dr. B.V. Kumar, Former Member, Central Board of Excise & Custom, Mr. Sankar Sen, Institute of Social Sciences, Prof. Ranbir Singh, Vice-Chancellor, National Law School, Delhi.
The third session on 'Mental Health Care' was chaired by Mr. Justice S. Rajendra Babu. The panelists included Dr. D. Nagraja, Director, NIMHANS, Dr. Pratima Murthy, NIMHANS, Dr. Jagdish Kaur, CMO (Mental Health), Ministry of Health and Family Welfare, Govt. of India, Dr. Mrs. Shyama Chona, Principal, D.P.S. R.K. Puram, New Delhi. The session discussed the work done so far in Mental Health Care and what needs to be done more.
The fourth session on 'Detention in Juvenile Justice Homes' was chaired by Mr. P.C. Sharma, Member, NHRC. He said, it has come to the notice of the National Human Rights Commission, that many states are lagging in fulfilling their mandatory obligations to implement the J.J. Act. Mr. Sharma said, even where the institutions have been established, the functioning mechanism is plagued with several gridlocks. For instance, Juvenile Justice Boards fail to abide by the 4 months deadline within which the inquiry is to be completed. The panelists included Mr. Justice A.K. Sikri, Judge, Delhi High Court, Mr. Amod Kanth, Chairperson, Delhi Commission for Protection of Child Rights, Prof. B.B. Pande, National Law School of India University, Bangalore, Prof. M.P. Singh, Vice-Chancellor, West Bengal, National University of Juridical Sciences.
Several prominent national and international experts, legal luminaries and senior police officers from different parts of the country participated in the Workshop.