Human rights and custody management of undertrials<br> <br>

The National Human Rights Commission organized a three-day training programme on "Human Rights and Custody Management of Undertrials" from 24th -26th August, 2011 in Chandigarh, in collaboration with the Institute of Correctional Administration, Chandigarh, for the police and prison officers of northern states.
Inaugurating the programme, Mr. Justice K.G. Balakrishnan, Chairperson, NHRC said that due to over-crowding of jails, constraints of prison administra-tion are palpable when it comes to the issue of providing basic facilities to the prisoners. He said that overcrowding of jails can be addressed to some extent by early disposal of the cases of undertrial prisoners whose number is very high. He particularly cited the examples of the states of Chhattisgarh, Gujarat, Maharashtra and Uttar Pradesh where prisons are housing inmates beyond their capacity.
Justice Balakrishnan highlighted the increased role of Lok Adalats in reducing the undertrial prison population and said that judiciary should be more liberal in granting bail in minor offences. Justice Balakrishnan said that the NHRC is concerned about prison reforms and has been monitoring the issue, and has circulated guidelines and recommendations to the concerned authorities for improving overall conditions in prisons.

Chairing the valedictory session, Mr. Justice Ranjeet Singh, Judge, Punjab & Haryana High Court, impressed upon the need to treat the prisoners with a humane approach. For this, he said that it was necessary for all the wings of criminal justice system to act in unison.
Mr. Sunil Krishna, Director General (Investigation), NHRC said that there are enough provisions under the law for stopping confessional statement using coercive methods, including, third degree torture. As it is, Section 26 of the Evidence Act states that confession by an accused in police custody shall not be proved against him. The confession which the official wishes to extract has no evidentiary value. Moreover, the IPC Sections 330 and 331 specifically provide for punishment for voluntarily causing hurt to extort confession. Therefore, officers should remember that custodial violence is not at all in the interest of professional efficiency. A process for enacting the Prevention of Torture Bill is already under the consideration of Parliament. Mr. Krishna also touched upon various issues concerning arrests and prison reforms.
During the training programme, the participants were exposed to various issues of prison and prisoners' management and they were also taken for a field visit to Burail Jail for a practical experience.
Mr. J.S. Kochher, Joint Sectary (Training) and Dr. S.K. Jain, Senior Research Officer (Training), NHRC also attended the programme.