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

Kutch water crisis deepens: Bhuj lost 54 of its 82 lakes; pastoralists migrate first time since 2018

By Rajiv Shah   A comprehensive new report by Homes In The City (HIC), a Bhuj-based civil society programme, has revealed that despite late monsoon rains easing Kutch's immediate drought conditions, the region faces a deepening water security crisis — with Bhuj having lost more than half of its historic lakes and pastoral communities forced to migrate for the first time since 2018.

From a cowshed to a home: How Mangaltai's Palawi gives HIV-positive children a second life

By Dr A.V. Yadappanavar *  In a small village called Takli, not far from the temple town of Pandharpur in Maharashtra, there is a home where children who were once abandoned because of their HIV status now find food, medicine, education, and something even rarer — love without fear. The home is called Palawi, and it was founded in 2001 by Mangal Shah, affectionately known as Mangaltai, a social worker who could not look away from children rejected by their own families.

Tribal rights under siege: Roundtable Seeks strong legal defence of land, jobs and PESA

By A Representative  Tribal rights activists, legal experts, tribal leaders, former officials and civil society representatives from Andhra Pradesh and Telangana have called  for urgent action on tribal land rights, employment and PESA safeguards. They were participating in  roundtable on Constitutional Safeguards for Scheduled Tribes in the Telugu States at the Centre for Economic and Social Studies (CESS), Hyderabad. Former Governor Ch. Vidyasagar Rao chaired the deliberations.