NHRC guidelines to report custodial death within 24 hours openly flouted

By Tejang Chakma


On 14 December 1993, the National Human Rights Commission (NHRC) of India issued instructions on "Custodial Deaths/Rapes.” In its letter (No. 66/SG/NHRC/93), the NHRC directed the Chief Secretaries of all the States and Union Territories to instruct the District Magistrates and Superintendents of Police of every district to report custodial deaths and rapes to the NHRC within 24 hours. The directions say as under:

"In view of the rising number of incidents and reported attempts to suppress or present a different picture of these incidents with the lapse of time, the Commission has taken a view that a direction should be issued forthwith to the District Magistrates and Superintendents of Police of every district that they should report to the Secretary General of the Commission about such incidents within 24 hours of occurrence or of these officers having come to know about such incidents. Failure to report promptly would give rise to presumption that there was an attempt to suppress the incident".

Yet, the NHRC's guidelines on reporting custodial deaths and rapes within 24 hours continue to be flouted. This is evident from the figures provided by the NHRC on 12 October 2011 on the occasion of its 19^th Foundation Day. The NHRC has received a total of 24,907 complaints of custodial deaths since inception. These included 20,604 cases of deaths in judicial custody and 4,303 cases of deaths in police custody. Out of 20,604 complaints of deaths in judicial custody, 19,770 cases were registered on the basis of intimation received from the prison authorities. This means that 834 cases of deaths in judicial custody were not reported to the NHRC in violations of its guidelines.

The situation is worst when it comes to deaths in police custody. Only 2,692 out of 4,303 cases were registered based on intimations received from the concerned police authorities in different states. While as many as 1,611 or cases of deaths in police custody were registered based on intimation received from others such as NGOs, victims’ families, sou moto by NHRC, etc. In other words, it shows that the NHRC was not informed by the police about these custodial deaths.

The NHRC has expressed its anguish against the failure to report cases of custodial deaths. But the NHRC's guidelines on reporting custodial deaths within 24 hours continue to be flouted. The NHRC has to take strong and effective measures to arrest this open violations of its guidelines.