Skip to main content

Custodial deaths: NHRC 'unwilling' to recommend prosecution of police officers

By Rajiv Shah
A high-profile report by New York-based Human Rights Watch (HRW), “Bound by Brotherhood: India’s Failure to End Killings in Police Custody”, has accused the National Human Rights Commission (NHRC) for having “failed to ensure accountability in custodial deaths” in India.
Based on field research and interviews conducted from April 2015 to April 2016, interviewing 45 witnesses and family members of victims of custodial death, and speaking to 25 lawyers, civil society activists and journalists, the report states,” A major weakness of NHRC has been its unwillingness to recommend prosecution of police officers, even when there is prima facie evidence that officers have committed a criminal offense.”
Pointing out that the NHRC “typically recommends only interim relief or compensation for victims”, the report, based on interviews conducted in West Bengal, Tamil Nadu, Telangana, and Uttar Pradesh, and in New Delhi and Mumbai, says, “Delays in investigations, transfer of cases to ill-equipped state human rights commissions, and lack of updates to complainants are other concerns.”
This is happening, according to HRW, despite the fact that “police are required to report every such death to the NHRC within 24 hours, and the commission is tasked with inquiring into all complaints that deal with violations of human rights or negligence in the prevention of such violation by a public servant.”
Quoting an NHRC official, HRW says, “The investigation department rarely conducted ‘spot inquiries’, or their own independent investigations, relying instead on reviews of documents sent by the police or administrative authorities.”
HRW cites NHRC’s April 2010 notification to state governments, which says that in cases of custodial deaths where no foul play was alleged, it was not mandatory for the inquiry to be conducted by a judicial magistrate, because victims’ families are often unable to challenge police accounts of deaths in custody.
HRW regrets, NGOs have to “constant follow-up and pressure to induce NHRC to take concrete steps in specific cases”, adding, “Lack of adequate staffing means there are significant delays in addressing complaints”, which “often wait months or even years before they receive any updates on their cases.”
Quoting the case of Maharashtra’s Agnelo Valdaris, who died in April 2014, HRW says, while NHRC “successfully pressured Maharashtra state authorities to send documents related to his death”, yet, “over two years after his death and a year after the commission received the documents, it had yet to pass a final order in the case.”
Similarly, in the 2014 case of Syed Mohammed of Tamil Nadu, says HRW, “NHRC directed the director general of investigations to collect facts and reports within eight weeks, but over two years later, no updates were available.”
Then, HRW reports, in the January 2015 case of Obaidur Rahman of West Bengal, “after receiving a complaint from the rights group MASUM, NHRC asked its investigation department to look into the matter but nearly two years later, there was no further update.”
In yet another case, NHRC recommended that the government of Andhra Pradesh state pay Rs 500,000 a victim, B Janardhan’s next of kin, “but did not recommend the perpetrators be prosecuted”.
“Similarly”, it added, NHRC recommended Rs 300,000 as compensation to the widow of another victim, Safikul Haque, asking the chief secretary of West Bengal to take “corrective steps in light of the judicial inquiry findings, but then closed the case in January 2015 without making any specific recommendations regarding prosecution of accused police officials”.
---
Click HERE to download report

Comments

TRENDING

From algorithms to exploitation: New report exposes plight of India's gig workers

By Jag Jivan   The recent report, "State of Finance in India Report 2024-25," released by a coalition including the Centre for Financial Accountability, Focus on the Global South, and other organizations, paints a stark picture of India's burgeoning digital economy, particularly highlighting the exploitation faced by gig workers on platform-based services. 

'Condonation of war crimes against women and children’: IPSN on Trump’s Gaza Board

By A Representative   The India-Palestine Solidarity Network (IPSN) has strongly condemned the announcement of a proposed “Board of Peace” for Gaza and Palestine by former US President Donald J. Trump, calling it an initiative that “condones war crimes against children and women” and “rubs salt in Palestinian wounds.”

India’s road to sustainability: Why alternative fuels matter beyond electric vehicles

By Suyash Gupta*  India’s worsening air quality makes the shift towards clean mobility urgent. However, while electric vehicles (EVs) are central to India’s strategy, they alone cannot address the country’s diverse pollution and energy challenges.

Gig workers hold online strike on republic day; nationwide protests planned on February 3

By A Representative   Gig and platform service workers across the country observed a nationwide online strike on Republic Day, responding to a call given by the Gig & Platform Service Workers Union (GIPSWU) to protest what it described as exploitation, insecurity and denial of basic worker rights in the platform economy. The union said women gig workers led the January 26 action by switching off their work apps as a mark of protest.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Whither space for the marginalised in Kerala's privately-driven townships after landslides?

By Ipshita Basu, Sudheesh R.C.  In the early hours of July 30 2024, a landslide in the Wayanad district of Kerala state, India, killed 400 people. The Punjirimattom, Mundakkai, Vellarimala and Chooralmala villages in the Western Ghats mountain range turned into a dystopian rubble of uprooted trees and debris.

Fragmented opposition and identity politics shaping Tamil Nadu’s 2026 election battle

By Syed Ali Mujtaba*  Tamil Nadu is set to go to the polls in April 2026, and the political battle lines are beginning to take shape. Prime Minister Narendra Modi’s visit to the state on January 23, 2026, marked the formal launch of the Bharatiya Janata Party’s campaign against the ruling Dravida Munnetra Kazhagam (DMK). Addressing multiple public meetings, the Prime Minister accused the DMK government of corruption, criminality, and dynastic politics, and called for Tamil Nadu to be “freed from DMK’s chains.” PM Modi alleged that the DMK had turned Tamil Nadu into a drug-ridden state and betrayed public trust by governing through what he described as “Corruption, Mafia and Crime,” derisively terming it “CMC rule.” He claimed that despite making numerous promises, the DMK had failed to deliver meaningful development. He also targeted what he described as the party’s dynastic character, arguing that the government functioned primarily for the benefit of a single family a...

Over 40% of gig workers earn below ₹15,000 a month: Economic Survey

By A Representative   The Finance Minister, Nirmala Sitharaman, while reviewing the Economic Survey in Parliament on Tuesday, highlighted the rapid growth of gig and platform workers in India. According to the Survey, the number of gig workers has increased from 7.7 million to around 12 million, marking a growth of about 55 percent. Their share in the overall workforce is projected to rise from 2 percent to 6.7 percent, with gig workers expected to contribute approximately ₹2.35 lakh crore to the GDP by 2030. The Survey also noted that over 40 percent of gig workers earn less than ₹15,000 per month.