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Torture in India 2009 A C H R TORTURE IN INDIA 2009 ASIAN CENTRE FOR HUMAN RIGHTS (ACHR has Special Consultative Status with the UN ECOSOC) A C-3/441-C, Janakpuri, New Delhi - 110058, India A C Phone/Fax: +91-11-25620583, 25503624 C H Website: www.achrweb.org H R Email: [email protected] R Asian Centre For Human Rights TORTURE IN INDIA 2009 ASIAN CENTRE FOR HUMAN RIGHTS TORTURE IN INDIA 2009 First published June 2009 © Asian Centre for Human Rights, 2009. No part of this publication can be reproduced or transmitted in any form or by any means, without prior permission of the publisher. Cover Photos Coutesy: http://media.photobucket.com/image/torture%20 india/Nitajk/september%202007/october%2007/tehelka.jpg ISBN : 978-81-88987-21-4 Price Rs.: 545/- Published by: Asian Centre For Human Rights C-3/441-C, Janakpuri, New Delhi - 110058, India Phone/Fax: +91-11-25620583, 25503624 Website: www.achrweb.org Email: [email protected] Acknowledgement: This report is being published as a part of ACHR's “National Campaign for Prevention of Torture in India” - a project funded by the European Commission under the European Initiative for Human Rights and Democracy (EIDHR) – the European Union’s programme that aims to promote and support human rights and democracy worldwide. The views expressed are of the ACHR, and not of the European Commission. CONTENTS 1. FOCUS OF 2009: Torture AND DeathS IN POLICE CUStodY AND FAILURE OF THE DK BASU JUDGMENT .................................................... 1 2. Torture IN POLICE CUStodY ................................................................. 22 I. Patterns and practices of torture in police custody ........................................ 22 A. Custodial deaths ........................................................................................... 22 B. Torture to extract confessions ....................................................................... 29 C. Torture resulting from a failure to pay bribes ............................................... 32 II. Custodial torture of women .......................................................................... 33 III. Custodial torture of children ....................................................................... 36 IV. Medical acquiescence .................................................................................. 39 V. Police reform and impunity .......................................................................... 42 3. Torture IN THE CUStodY OF THE ARMED FORCES ......................... 45 4. Torture BY ARMED OPPOSITION GROUPS .......................................... 47 5. Torture IN JUDICIAL CUStodY ............................................................. 50 6. Torture BY OTHER NON-State ActorS ............................................. 54 A. Torture by the Upper Castes ......................................................................... 55 B. Use of torture by caste/ village Panchayats .................................................. 56 7. JUDICIAL INterveNTIONS AGAINST Torture ................................... 58 A. Judgements awarding compensation ............................................................ 58 B. Judgements awarding punishments .............................................................. 62 8. Nhrc’s FAILURE TO ADDRESS Torture .............................................. 69 A. Failure to recognize torture .......................................................................... 69 B. Serious procedure failings ............................................................................ 72 Cases pending for adjudication before the appropriate courts .......................... 74 Orders of the Delhi High Court against procedural failings ............................. 75 C. Denial of opportunity of being heard ........................................................... 77 D. Failure to verify the post mortem reports ..................................................... 87 9. ScrutINY BY THE UNITED NatIONS ...................................................... 89 ANNEX : LIST OF VICTIMS OF Death IN POLICE CUStodY FROM 1ST APRIL 2001 to 31ST MARCH 2009 .......................... 97 n Andhra Pradesh ............................................................................................ 97 n Arunachal Pradesh ...................................................................................... 101 n Asom ........................................................................................................... 102 n Bihar ........................................................................................................... 105 n Chandigarh .................................................................................................. 107 n Chhattisgarh ............................................................................................... 108 n Dadra & Nagar Haveli................................................................................. 109 n Delhi ............................................................................................................110 n Goa ...............................................................................................................111 n Gujarat .........................................................................................................112 n Haryana .......................................................................................................117 n Himachal Pradesh ........................................................................................119 n Jammu and Kashmir ................................................................................... 120 n Jharkhand ................................................................................................... 121 n Karnataka ................................................................................................... 123 n Kerala .......................................................................................................... 125 n Madhya Pradesh ......................................................................................... 127 n Maharashtra ................................................................................................ 129 n Manipur ...................................................................................................... 136 n Meghalaya .................................................................................................. 137 n Orissa .......................................................................................................... 138 n Puducherry .................................................................................................. 139 n Punjab ......................................................................................................... 140 n Rajasthan .................................................................................................... 142 n Sikkim ......................................................................................................... 144 n Tamilnadu ................................................................................................... 145 n Tripura ........................................................................................................ 148 n Uttarakhand ................................................................................................ 149 n Uttar Pradesh .............................................................................................. 150 n West Bengal ................................................................................................. 155 1. Focus of 2009: Torture and deaths in police custody and failure of the DK Basu judgment Torture in police custody is rampant in India. It is a pervasive problem that pre- dates this report. The State and the police remain in worrying denial. The annual reports, Crime in India, of the National Crime Records Bureau of the Ministry of Home Affairs that report very few deaths in police custody reflect this disturbing denial.1 The evidence presented in this report is under consideration of various courts and the National Human Rights Commission (NHRC). The evidence underlines that torture by the police is rather a serious problem in India. National Human Rights Commission Guidelines In recognition of the scale of the problem of use of torture, on 14 December 1993, the National Human Rights Commission (NHRC) issued guidelines directing all District Magistrates and Superintendents of Police in every district to report to the Secretary General of the NHRC about custodial deaths/rapes within 24 hours. The NHRC warned that: “Failure to report promptly would give rise to presumption that there was an attempt to suppress the incident”. Supreme Court Ruling in D.K. Basu Vs State of West Bengal Moreover in a landmark judgment in 1996 in the case of D.K.Basu Vs State of West Bengal, the Supreme Court laid down specific guidelines required to be followed while making arrests with the aim to eliminate violations of human rights in police custody. The principles laid down by the Supreme Court are given hereunder: “1. The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register; 2. That the police officer carrying out the arrest shall prepare a memo of arrest at the time
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