Escolar Documentos
Profissional Documentos
Cultura Documentos
Year 1993-1994
Alleged custodial death of Shri Shanskhem Kharsaiot followed by death of two persons in police
firing in Meghalaya
Alleged custodial death of Madan Lal in Delhi
Alleged custodial death of Shri Chandrasekharan in Pondicherry
Year 1994-1995
Alleged death of Korra Satya Rao, a tribal, in Visakhapatnam District, Andhra Pradesh,
Year 1995-1996
Year 1996-1997
Custodial death of Shri Bundoo in Uttar Pradesh
Death in police custody of Shri Udayan in Kerala
Complaint from Shri P.S. Bhatia regarding alleged death of Shri Mohd Mansoor in police custory at
Baliya P.S., Bihar
Year 1997-1998
Custodial death of Atal Bihari Mishra - Uttar Pradesh
Year 1998-1999
Death of Punjabhai Somabhai Thakor due to Police beating: Gujarat(Case No.6123/95-96/NHRC)
Year 1999-2000
Death of an accused in Police custody due to beating ( Case No.351/20/97-98/CD )
Fruit vendor beaten to death by Police for not paying "HAFTA" :Delhi ( Case No.951/96-97/NHRC)
Suicide in Police lock-up : Kolar Karnataka ( Case No.12098/96-97/NHRC )
Negligence of Public Authorities : Death of witness in Police Sation: Gujarat ( Case No.7820/96-
97/NHRC )
Year 2000-2001
Death of Gothandam in Police Custody: Pondicherry (Case No. 75/32/97-98/CD)
Illegal Detention, Torture and Death of Shah Mohammed in Police Custody and Negligence on the
Part of Doctors for not Conducting a Thorough Post Mortem: Madhya Pradesh(Case No. 3855/96-
97/NHRC)
Torture in Police Custody Results in the Death of Kartik Mehto: Bihar (Case No. 8903/95-96)
Negligence on the Part of Police Leads to the Killing of Mahendra Pal Singh: Uttar Pradesh.(Case No.
39/24/97-98/ACD)
Year 2001-2002
Custodial death of Mohammad Irshad Khan : Delhi (Case No.2387/30/2000-2001-CD)
Custodial death of Ram Kishore — complaint by Uttar Pradesh Parjapati Samaj Vikas Parishad (Case
No.483-LD/93-94)
Death of Shishu Rebe due to torture in police custody: Arunachal Pradesh (Case No.74/96-97/NHRC)
Year 2002-2003
Death in custody of former Sarpanch of Gogon Village, Chuhur Singh due to negligence: Punjab
(Case No.431/19/2000-2001)
Death of Bujhai in police custody due to torture: Uttar Pradesh (Case No.4238/96-97/NHRC)
Death of Radhey Shyam in police custody due to torture: Rajasthan (Case No.205/20/1999-2000-CD)
Death of Karan Singh in police custody due to violence: Madhya Pradesh (Case No.1935/12/2000-
2001-CD)
Death of Surendra in police: Kerala (Case No.13353/96-97/NHRC)
Year 2003-2004
Death of Zakir in Police Custody at Pushp Vihar Police Station, New Delhi (CaseNo.525/30/2001-
2002-CD)
Death of Madan Bhilala in Police Custody at Balawar Police Station, Distt. Khargaon: Madhya
Pradesh (Case No.71/12/2001-2002-CD)
Death of Chhigga in the Police Custody at P.S. Sirsi, District Guna: Madhya Pradesh (Case
No.1800/12/2000-2001-CD)
Year 2004-2005
Death of Sher Mohammad in Police custody by torture: U.P. – (Case No. 8924/95-96/NHRC)
Death of Sh. Kantosh Prahlad Jadhav, in Police Custody by torture : Latur, Maharashtra - (Case No.
5418/95-96/NHRC)
Custodial death of Haji Mohd. Nabuji Tentwala in police custody in Ahmedabad- (Case No.7586/95-
96/NHRC)
Judicial Custody
Year 1997-1998
Year 1999-2000
Death of Jaggannath Paoji Ingule, faliure on the part of Medical Officer to diagnose at an appropriate time :
Maharashtra ( Case No. 16102/96-97/NHRC )
Year 2000-2001
Negligence on the Part of Jail Authorities Leads to the Death of an Inmate: Bihar(Case No. 3165/4/1998-99)
Year 2001-2002
Year 2002-2003
Death of Sibu – delay in the provision of timely medical aid: Kerala (Case No.136/11/2000-2001-ACD)
Custodial death of under-trial prisoner, Harjinder alias Jinda, due to negligence: Uttar Pradesh (Case
No.8437/24/1999-2000-CD)
Murder of Manak Ram and grievous injuries to his son in jail: Rajasthan (Case No. 263/20/98-99-ACD)
Year 2003-2004
Death of Sanjay Sharma in District Jail, Mathura: Uttar Pradesh(Case No.41373/24/2000-2001-CD) Death
of an Under-trial Prisoner, Tachi Kaki: Arunachal Pradesh (Case No.14/2/2002-2003-CD)
Year 2004-2005
Death of Bhaiya Lall in judicial Custody in Uttar Pradesh - Case No. 9161/24/98-99-CD
Death of Kolumbus in judical custody in UP - Case No. 20143/24/2002-2003-CD]
Death of Smt. Basanti Devi in judicial custody in Bihar [Case No2435/4/2001-2002-CD]
Death of Chander Prakash in Judicial Custody - 5237/24/2000-2001-CD
--------------------------------------------------------------------------------
Police Custody
Year 1993-94
Alleged custodial death of Shri Shanskhem Kharsaiot followed by death of two persons in police firing in
Meghalaya
Year 1994-95
Alleged death of Korra Satya Rao, a tribal, in Visakhapatnam District, Andhra Pradesh, as a result of
police mistreatment
Year 1995-96
Recovery of compensation amount from errant police personnel responible for custodial deaths in Tamil
Nadu, Orissa and Rajasthan
Year 1996-97
Complaint from Shri P.S. Bhatia regarding alleged death of Shri Mohd Mansoor in police custory at
Baliya P.S., Bihar
Year 1997-98
Year 1998-99
Death of Punjabhai Somabhai Thakor due to Police beating : Gujarat (Case No.6123/95-96/NHRC)
Year 1999-2000
Fruit vendor beaten to death by Police for not paying "Hafta" : Delhi ( Case No.951/96-97/NHRC)
Negligence of Public Authorities : Death of witness in police station : Gujarat Case No.7820/96-
97/NHRC
Year 2000-2001
Illegal Detention, Torture and Death of Shah Mohammed in Police Custody and Negligence on the Part of
Doctors for not Conducting a Thorough Post Mortem : Madhya Pradesh (Case No. 3855/96-97/NHRC)
Torture in Police Custody Results in the Death of Kartik Mehto : Bihar (Case No. 8903/95-96)
Negligence on the Part of Police Leads to the Killing of Mahendra Pal Singh: Uttar Pradesh. (Case No.
39/24/97-98/ACD)
Year 2001-2002
Custodial death of Ram Kishore — complaint by Uttar Pradesh Parjapati Samaj Vikas Parishad (Case
No.483-LD/93-94)
Death of Shishu Rebe due to torture in police custody : Arunachal Pradesh(Case No.74/96-
Year 2002-2003
Death in custody of former Sarpanch of Gogon Village, Chuhur Singh due to negligence: Punjab (Case
No.431/19/2000-2001)
Death of Bujhai in police custody due to torture: Uttar Pradesh (Case No.4238/96-97/NHRC)
Death of Radhey Shyam in police custody due to torture: Rajasthan (Case No.205/20/1999-2000-CD)
Death of Karan Singh in police custody due to violence: Madhya Pradesh (Case No.1935/12/2000-2001-
CD)
Year 2003-2004
Death of Zakir in Police Custody at Pushp Vihar Police Station, New Delhi (CaseNo.525/30/2001-2002-
CD)
Death of Madan Bhilala in Police Custody at Balawar Police Station, Distt. Khargaon: Madhya Pradesh
(Case No.71/12/2001-2002-CD)
Death of Chhigga in the Police Custody at P.S. Sirsi, District Guna: Madhya Pradesh (Case
No.1800/12/2000-2001-CD)
Year 2004-2005
Death of Sher Mohammad in Police custody by torture: U.P. – Case No. 8924/95-96/NHRC
Death of Sh. Kantosh Prahlad Jadhav, in Police Custody by torture : Latur, Maharashtra - (Case No.
5418/95-96/NHRC)
Custodial death of Haji Mohd. Nabuji Tentwala in police custody in Ahmedabad- Case No.7586/95-
96/NHRC
Judicial Custody
Year 1997-98
Year 1999-2000
Death of Jaggannath Paoji Ingule, failure on the part of the Medical Officer to diagnose at
Year 2000-2001
Negligence on the Part of Jail Authorities Leads to the Death of an Inmate: Bihar (Case No. 3165/4/1998-
99)
Year 2001-2002
Death of Sanjay Sitaram Mhasker due to custodial violence : Maharashtra (Case No.210/13/98-99-ACD)
Year 2002-2003
Death of Sibu – delay in the provision of timely medical aid: Kerala (Case No.136/11/2000-2001-ACD)
Custodial death of under-trial prisoner, Harjinder alias Jinda, due to negligence: Uttar Pradesh (Case
No.8437/24/1999-2000-CD)
Murder of Manak Ram and grievous injuries to his son in jail: Rajasthan (Case No. 263/20/98-99-ACD)
Year 2003-2004
Year 2004-2005
NEW DELHI: Asian Centre for Human Rights in its report, “Torture in India 2011”,
released today stated that a total of 14,231 persons i.e. more than four persons per day
died in police and judicial custody in India from 2001 to 2010. This includes 1,504 deaths
in police custody and 12,727 deaths in judicial custody from 2001-2002 to 2009-2010 as
per the cases submitted to the National Human Rights Commission (NHRC).
A large majority of these deaths are a direct consequence of torture in custody. These
deaths reflect only a fraction of the problem with torture and custodial deaths in India as
not all the cases of deaths in police and prison custody are reported to the NHRC.
Further, the NHRC does not have jurisdiction over the armed forces and the NHRC also
does not record statistics of torture not resulting into death.
“The failure of the Ministry of Home Affairs to introduce the Prevention of Torture Bill
drafted by the Rajya Sabha Select Committee headed by Shri Ashwani Kumar, the
current Minister of State for Planning, in December 2010 in the parliament session
beginning on 22 November 2011 demonstrates India’s lack of political will to stamp out
torture.” – asserted Mr Chakma, Director of Asian Centre for Human Rights.
"India is yet to realize the cost of not having anti-torture law in compliance with UN
Convention Against Torture (UNCAT) that led to rejection extradition of Kim Davy, the
prime accused in the Purulia arms drop case by the Danish High Court in June 2011; the
direction of a British Court in July 2011 to depute a human rights expert to visit the
prisons in Gujarat to examine the prison conditions before it grants extradition of
Mohammad Hanif Umerji Patel, alias Tiger Hanif, the alleged mastermind of the 1993
bomb blast in Surat; and cancellation of the extradition of Abul Salem by the Portuguese
High Court in September 2011 on the ground that he was tortured in custody following
extradition. That torture is non-derogable even in war and a crime against humanity is yet
to be recognized by India.” –further asserted Mr Chakma.
“About 99.99% of deaths in police custody can be ascribed to torture and occur within 48
hours of the victims being taken into custody. Though Maharashtra has a total population
of 112 million in comparison to 199 million in Uttar Pradesh according to 2011 census,
the fact that 76 more persons were killed in police custody in Maharashtra shows that
torture is more rampant in police custody in Maharashtra than Uttar Pradesh.” - further
asserted Mr Chakma.
Citing the case of Mohd Umar alias Badkau, accused of kidnapping and rape, who
allegedly committed suicide inside Haldi Police Station in Bahraich district of Uttar
Pradesh by hanging himself with a towel inside the lock-up on 21 March 2010, Asian
Centre for Human Rights stated that the post mortem report found eight contusions on
various parts and ligature mark around the neck and indicated that the cause of death was
due to asphyxia as a result of ante mortem hanging. The magisterial enquiry report
opined that deceased died due to police torture and held In-charge of the Police Station,
Brij Kishore Yadav, Head Moherar Sanjay
Verma, Lock up Sentry, Constable Ishwardin Shukla and Co-prisoner Vijay Shankar
Pandey jointly responsible for this death. The Investigating Officer of case S.K. Surya
(Sub Inspector) and Constable Dev Baksh Singh were also found responsible or
tampering with the documents.
During 2001-2010, 12,727 deaths in judicial custody took place. Uttar Pradesh recorded
the highest number of deaths in judicial custody with 2171 deaths, followed by Bihar
(1512); Maharashtra (1176); Andhra Pradesh (1037); Tamil Nadu (744); Punjab (739);
West Bengal (601); Jharkhand (541); Madhya Pradesh (520); Karnataka (496); Rajasthan
(491); Gujarat (458); Haryana (431); Orissa (416); Kerala (402); Chhattisgarh (351);
Delhi (224); Assam (165); Uttarakhand (91); Himachal Pradesh (29); Tripura (26);
Meghalaya (24); Chandigarh (23); Goa (18); Arunachal Pradesh (9); Pondicherry (8);
Jammu and Kashmir and Nagaland (6 each); Mizoram (4); Sikkim and Andaman and
Nicober Island (3 each); and Manipur and Dadra and Nagar Haveli (1 each).
A large of number of these deaths are a result of torture, denial of medical facilities and
sub-human conditions in Indian jails.
ACHR stated that the number of deaths in police custody recorded from conflict afflicted
states like Jammu and Kashmir and Manipur do not reflect the gravity of the situation.
The NHRC registered only six deaths in police custody in Jammu and Kashmir from
2001-02 to 2010-11, while only two cases of deaths in police custody were recorded from
Manipur during the same period. This is despite the fact that on 31 March 2011 Jammu
and Kashmir Chief Minister Omar Abdullah in a written reply before the Legislative
Council stated that 341 persons had died in police custody in the state since 1990.
ACHR stated that custodial rape remains one of the worst forms of torture perpetrated on
women by law enforcement personnel and a number of custodial rape of women takes
place at regular intervals. The NHRC recorded 39 cases of rape from judicial and police
custody from 2006 to 28 February 2010.
Citing the case of Maloti Kalandi, wife of Badal Kalandi who along with children were
rescued from being trafficked, were handed over to the Tamulpur police station, Baksa
district of Assam for safe custody. Instead of providing safety, Sub-Inspector Sahidur
Rahman summoned the victim to his official quarter and raped her. The accused has since
been suspended and is being tried before the Courts. The NHRC awarded interim
compensation of Rs 100,000/- to the victim.
Asian Centre for Human Rights stated that the Maoists remain the worst violators of
human rights including torture and they have been responsible for brutal killing of their
hostages after abduction. Often the hostages were killed by slitting their throats or
beheading. The suspects were tried and handed over death sentences or subjected to
torture through the socalled “Jan Adalats” (Peoples’ Courts) in full public view to instill
fear among the people.
On the night of 25 March 2010, Maoists slit the throat of Chhotu Manjhi after kidnapping
him from Gamahariatard village under Pirtard police station in Giridih district of
Jharkhand. He was taken to a forest where he was killed in the presence of villagers after
Jan Adalat found him guilty of passing information to the police.
Uttar Pradesh’s Sorry Record Of Custodial Deaths
While custodial deaths are periodically reported, the numbers, in aggregate, are indeed worrying.
Particularly, in some states like Uttar Pradesh where 1,431 people were killed in custodial deaths in
the 5 years from 2005 to 2010. The number is more than the total deaths in police custody for many
large countries like UK and Australia during the same period.
So, how do we define custodial deaths? Custody deaths are incidents of death of a person arrested or
remanded to police custody by court or under-trial prisoners while in the custody of law enforcement
bodies. Custodial deaths can be classified into three broad categories: death in police custody, death
in judicial custody and death in custody of defense/paramilitary forces.
State-wise data on custodial deaths shows a disquieting trend in some parts of the country. Uttar
Pradesh shows the highest number of judicial custody deaths at 1,431 between 2005 and 2010. The
numbers have been rising consistently since 2005, and the state recorded 332 judicial deaths in 2010.
Bihar and Maharashtra, on the other hand, have shown a decline in registered cases of judicial
custodial deaths from 2008. (Judicial custodial deaths involve people who have been remanded to
judicial custody by courts)
According to National Crime Records Bureau (NCRB) data on under-trial prisoners at the end of
2011, UP had 54,062 under-trial prisoners, the highest in the country, followed by Bihar with 23,417
under-trial prisoners, Madhya Pradesh (16,701 prisoners) and Maharashtra(16,064 prisoners).
Interestingly, Madhya Pradesh has not reported many deaths in judicial custody while the other states
have reported many cases…
Figure 1
Maharashtra has the highest number of deaths in police custody at 119 from 2007 till 2012 including
a spike in cases reported in 2010-2011. In comparison to deaths in judicial custody, the number of
incidents of death in police custody is relatively low across all states.
Figure 2
Custodial Torture
Custodial torture is the highest in Uttar Pradesh- a total number of 1,963 from 2008-2012. The total
numbers for U.P. are more than 10 times higher than the next highest state, which is Tamil Nadu. U.P
and some other states saw a spike in the number of cases of custodial torture in 2010-2011 but the
consequent year saw a decline although a sizeable number of custodial torture cases are still reported
from Uttar Pradesh.
Table 1
Source: Unstarred Question No. 1457 Answered by Jitendra Singh on 09.08.2011 & Unstarred
Question no.405 answered by RPN Singh
Uttar Pradesh and Bihar show high number of pending cases for the time period of 2005 – 2010.The
total number of complaints also relate to cases of illegal arrest/detention, indignity to women/sexual
harassment and dowry deaths including custody deaths. The table below shows the total number of
cases pending with the National Human Rights Commission (NHRC) relative to the pending cases of
custody death. We see that Uttar Pradesh had shown an increase between 2005-2008, peaking at 873
pending cases of custody death in 2007-08but has shown a downward trend from 2007- 2010.
Although the total pending cases has reduced over the years, the number of pending custody death
cases have not shown the same reduction. This applies generally for all the states under review.
So, we see that the picture is starker for states like UP and Bihar, which are already reporting a high
number of custody deaths but considering the pending cases, that number could be a lot higher in a
given year.
Table 2
Figure 3
Table 3
Source: Independent Police Investigative Directorate (IPD) South Africa annual reports; Bureau of
justice Statistics (USA); Australian Bureau of Statistics; ODHIKAR (Bangladesh); Independent
Police Complaints Commission (IPCC) UK; NHRC India.
Custodial death is an issue for which an effective solution has not yet been found. The NHRC, under
the statute, is only an advisory body, and the Central Government cannot take action directly since
“police” and “public order” are state subjects. So, the State Governments have to operate effectively
to curb the problem.
But it is evident from the data that the cases of custodial deaths/violence are still not declining. Also
to be noted is that the state authorities are not acting promptly to close files of custodial deaths.
While NHRC recommending monetary relief is a necessary step for the sake of the victims and the
family of the victims, consequences for erring public servants are an important step in bringing down
the number of custodial deaths.
The United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions visited
India in March 2012. The report, which was published in 2013, recognized a study conducted by the
Asian Centre for Human Rights, which presented the statistics collected by NHRC showing 1,504
cases of deaths in police custody and 12, 727 cases of death in judicial custody from 2001-2010.
Amnesty International also highlighted the issue in their annual report for 2013 for India where they
say that during 2007-2012, NHRC declared monetary compensation for 191 of the 1,671 cases of
death in extra-judicial killings. However, the report suggests that criminal investigations into
majority of such killings failed to make serious progress.
Picked up by police, mechanic kills self; kin allege custodial torture (1)
CHENNAI
(Times of India 4/1/15)
3 Chennai cops to face action for teen’s sexual torture in custody (1)
CHENNAI
. (Times of India 7/1/15)
'Authorized persons' dealing with Art 370, AFSPA, Union minister Jitendra Singh says
(1)
NEW DELHI:
(Times of India 18/1/15)
Release of 38 Indian fishermen from Bangladeshi jail delayed (1)
MADURAI:
(Times of India 19/1/15)
Bihar: 2 killed, 15 injured in Ara court blast, 2 prisoners escape (1)
Ara Bihar (Hindustantimes 23/1/15)
IAS officer cites Article 25 as TN govt stops him from prayer meets (1)
Chennai
(Indian Express 29/1/15)
Ishrat Jahan fake encounter: Gujarat top cop PP Pandey reinstated in service (1)
AHMEDABAD
(Times of India 9/2/15)
Article 370 Not to be Touched, AFSPA to Stay, No Citizenship to WRPs in J&K (1)
SRINAGAR:
. (New Indian Express 1/3/15)
‘They treated us worse than animals’: SFI activists in Shimla allege police brutality (1)
Shimla:
. (Indian Express 22/3/15)
Chhattisgarh police books 25 cops for killing minor tribal girl (1)
RAIPUR:
(Times of India 16/4/15)
Tamil Nadu Police Arbitrarily Closed 23 Per Cent FIRs in 3 Years' (1)
MADURAI:
(New Indian express 4/5/15)
Woman hurled abuses, attacked with brick first: Delhi Traffic policeman (1)
New Delhi:
(Zee News 13/5/15)
Govt welcomes lifting of AFSPA in Tripura but J&K has to wait (19)
NEW DELHI:
(The Temes of India 29/5/15)
Delhi HC frees 5 men, says false rape charges destroy lives (1)
NEW DELHI
(Times of India 9/6/15)
AFSPA: Amnesty seeks probe into human rights violations in J&K (1)
NEW DELHI:
(Times of India 1/7/15)
Cops rape and kill her, later label her a Naxal (1)
Raipur
(Asian Age 28/7/15))
'28 cases of alleged human rights violation against Army personnel in High Courts of
North-
Eastern states' (1)
New Delhi:
(Zee News 1/8/15)
Naga groups endorse Assembly views for lifting AFSPA, unifying Naga-inhabited areas
(1)
Guwahati:
(Indian Express 1/8/15)
Mumbai hotel raid: State Human Rights Commission initiates probe against police
conduct (1)
Mumbai:
(DNA 12/8/15)
Custodial death: Political parties want cops booked for murder (1)
CHENNAI
(Times of India 6/9/15)
In Pathribal, verdict ‘like rubbing salt on wounds’ (1)
Srinagar
(Indian Express 8/9/15)
Fine of Rs 2 lakh on Agra cops for illegal detention, torture of 2 innocent men (1)
Agra:
(Times of India 18/9/15)
‘TN accounts for 58 per cent of total detenues in the country’ (1)
CHENNAI
(The Hindu 5/10/15)
AFSPA causing hardship to Manipur's people: Irom Sharmila tells court (1)
(DNA 6/10/15)
Bombay High Court raps Maharashtra government over rising custodial deaths (1)
MUMBAI:
(Times of India 13/10/15)
NEFIS calls a day long nationwide hunger strike against AFSPA (1)
DELHI, October 14:
(Kangla Online 14/10/15)
Two cops of Odisha's Bheden police station held for murder (1)
BHUBANESWAR
(Times of India 28/10/15)