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7,468 custodial deaths in last five years

Aarti Dhar

NEW DELHI: Close to four custodial deaths a day has been reported in the country in the past five years, says a study by the Asian Centre for Human Rights (ACHR). A large number of these deaths are a result of torture, it points out.

In a report “Torture in India 2008: A State of Denial” — the first ever nationwide assessment of the use of torture in the nation, the ACHR alleges that 7,468 persons — on an average of 1,494 a year — died or killed in prison and police custody during 2002-2007.

A pervasive regime of impunity is the single-most important factor for institutionalising widespread use of torture even in areas where there are no armed conflicts. Only four personnel were convicted in 2004 and three in 2005 for custodial deaths, it says.

Rights violations

The ACHR warns that unless the government addresses human rights violations and brings those responsible to justice, the prospects for counter insurgency success will diminish significantly and the space for more violent and extreme armed opposition groups (AOG) will grow, and these will continue to commit appalling acts of torture with impunity.

Among India’s burgeoning armed opposition groups, the naxalites or Maoists have an appalling human rights record, including killing, torture and mutilation. Their targets include anti-Maoists, Salwa Judum activists, alleged police informers, adivasis and Dalits. The naxalites have increasingly organised para-state institutions, notably “jan adalats” to impose torture and mutilation..

Moots legislation

The ACHR recommends that the government enact legislation to criminalise torture and provide compensation to the victims, further amend the Human Rights Protection Act of 1993 to bring the armed forces under the purview of the National Human Rights Commission and ratify the United Nations Convention Against Torture.

It also urges the National Human Rights Commission to recognise torture as a crime distinct from custodial death and provide a separate heading for torture under its annual report, create a separate department to study all post-mortem reports submitted to the Commission in all cases of custodial deaths and set up a separate prosecution department that will take necessary measures for prosecution of the guilty, should facts and evidence establish torture.

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