NHRC's recommendations on Custodial Justice

The National Human Rights Commission (NHRC) in collaboration with Penal Reform and Justice Administration (PRAJA) organized a two-day Seminar on Custodial Justice in March 2006. The main objective of the Seminar was to highlight the fact that Custodial Torture is preventable and that it is the responsibility of the State to protect the rights of people in custody.
The main recommendations that emanated from the Seminar after the deliberations were placed under two heads by the Commission, one relating to Police set up and the other relating to Prisons.

Police Set-Up
· The violations in police custody are reported during investigations resulting in deaths and physical torture.

· NHRC, as a monitoring body over deaths and violence in police custody, has emphasized scientific, professional and humane approach towards persons detained for investigations.NHRC recommends that the investigations need to be carried out expeditiously and in a given time frame. The guidelines for arrest, set out in the D.K. Basu Vs. West Bengal case by the Supreme Court have emphasized time and again for compliance from appropriate state authorities to involve themselves in the task of investigations and custodial management of the detainees. Full use of scientific techniques and forensic science should be made to obviate resorting to physical torture during interrogations. Training in interrogating skills is sine quo non of all investigations by the police.

· On analyzing statistics the Crime against minorities, children and women need special attention and speedy disposal. Hence, there is need to monitor these cases every fortnight.

· There should be zero tolerance for any violation of human rights in custody. In cases where misconduct or guilt of police personnel is established, it should be ensured that the penalties imposed should be commensurate with the misconduct/guilt.

· There is a strong need to bifurcate the police personnel into two separate wings: one relating to investigation and the other for law and order duties. Accordingly the personnel should be trained to specialize in investigation procedures. This will definitely help in speedy disposal of the case.

· To imbibe above practices, training is to be taken as a continuous process of learning and to be used with the purpose of changing the attitudes and mindset of the police personnel.

Prisons
· NHRC has observed that the number of under trial prisoners (UTPs) is increasing day by day and the period for which they languish in jails is also a very long one. In few cases NHRC has found under trials in judicial custody for 24-25 years, which is far beyond the punishment prescribed for any offence under the penal law.
· NHRC recommends an urgent review of the UTP's for not only for setting free the prisoners who have undergone their terms of imprisonment, but also for decongesting the prisons in addition to the following steps:
a. Working out a system of holding of regular special courts in the prisons for early disposal of case.
b. The Judicial Officers have to be exhorted to consider bail petitions carefully obviating any possibility of torture in custody. Similarly, ensuring a speedy trial should be the main thrust of all judicial functions including summoning the examination of witnesses. The investigating agency should make special efforts to provide legal aid wherever necessary.
c. The visit to the prison by District Magistrate, SSP and Judicial Officers should be not merely a routine exercise and they should record efforts made for speedy disposal of cases. Innovative methods, like release of Under Trial Prisoners on bonds, if the prisoners have completed one half or two thirds of their punishment period, should be adopted.
d. For the convicted persons, the Reformation-correction and Rehabilitation should be worked out with the development departments, to expose them to the skills, which will find them better employment opportunities, once they are outside the custody. There have been good examples tried out in different parts of the country and there is a need to encourage this. In specific kind of cases where reformation is the main motive, the State Govt. should be urged to have special provisions to impart skills, which will enable better rehabilitation opportunities.
e. The prison conditions should be made more humane for the women, the aged and mentally ill prisoners.
f. Regular check ups and special provision for the mentally ill prisoners has been taking a back seat in the arrangements made in the jails so far. NHRC would like to draw the attention of the State Govt. to ensure that the mentally ill prisoners are kept separately and necessary medical treatment is provided to them.