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India: Annual Report on Torture 2020

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India: Annual Report on Torture 2020 National Campaign Against Torture C-3/441, Janakpuri, New Delhi-110058, INDIA Email: [email protected]; Website: www.uncat.org Phone:+91-11-25620583 18 March 2021 India: Annual Report on Torture 2020 Table of contents ABBREVIATIONS ...................................................................................................... 3 1. EXECUTIVE SUMMARY .......................................................................................... 6 2. TORTURE BY THE POLICE .................................................................................... 9 2.1. INCIDENTS OF TORTURE AND CUSTODIAL DEATH IN 2020............................................ 9 A. Deaths in police custody ......................................................................................................... 9 B. Suicides as a result of torture .............................................................................................. 50 C. Torture in custody not resulting to death .......................................................................... 58 D. Non-custodial torture ............................................................................................................ 64 2.2. CUSTODIAL TORTURE OF DALITS AND TRIBALS ............................................................. 68 2.3. CUSTODIAL TORTURE OF WOMEN ..................................................................................... 73 2.4. CUSTODIAL TORTURE OF CHILDREN ................................................................................. 76 2.5. Torture, arrest and detention during COVID-19 lockdown .............................................. 79 A. Deaths during enforcement of lockdown ........................................................................... 79 B. Torture, arrest and detention during Covid-19 lockdown ................................................ 84 3. TORTURE IN JUDICIAL CUSTODY .................................................................... 103 3.1. Deaths due to alleged torture ............................................................................................. 104 3.2. Deaths due to denial or lack of medical treatment ......................................................... 110 3.3. Deaths due to alleged suicide in prisons ........................................................................... 123 3.4. Inhuman conditions in the prisons ..................................................................................... 130 4. TORTURE BY THE ARMY AND THE CENTRAL ARMED POLICE FORCES ............. 131 5. TORTURE BY THE FOREST DEPARTMENT OFFICIALS ...................................... 133 6. IMPUNITY AGAINST TORTURE & OTHER HUMAN RIGHTS VIOLATIONS .......... 136 India: Annual Report on Torture 2020 18 March 2021 7. TORTURE BY THE ARMED OPPOSITION GROUPS ............................................ 137 7.1. Abuses by the armed opposition groups in J&K .............................................................. 1 3 7 7.2. Abuses by the Naxalites ....................................................................................................... 138 8. TORTURE BY OTHER NON-STATE ACTORS (UPPER CASTES) ........................... 142 8.1. Killings .................................................................................................................................... 143 8.2. Torture, degrading and humiliating treatment ................................................................. 145 8.3. Sexual violence ..................................................................................................................... 148 9. JUDICIAL INTERVENTIONS AGAINST TORTURE ............................................... 151 9.1. Supreme Court ruled confession to officers under the NDPS Act inadmissible ........... 152 9.2. Supreme Court ordered installation of CCTV cameras in all interrogation rooms ...... 154 9.3. Judgments Awarding Compensation .................................................................................. 157 9.4. Judgments awarding punishments .................................................................................... 158 9.5. DIRECTIONS FOR PROBE BY INDEPENDENT AGENCIES ............................................... 160 10. INTERVENTIONS OF NHRC/SHRCs AGAINST TORTURE ................................. 174 10.1. NATIONAL HUMAN RIGHTS COMMISSION .................................................................... 174 10.2 STATE HUMAN RIGHTS COMMISSIONS .......................................................................... 179 A. Tamil Nadu State Human Rights Commission (TNSHRC) .............................................. 179 B. Bihar Human Rights Commission (BHRC) ........................................................................ 182 C. Kerala State Human Rights Commission (KSHRC) .......................................................... 182 D. Odisha SHRC ........................................................................................................................ 184 11. SCRUTINY OF INDIA’S RECORDS BY THE UN HUMAN RIGHTS MECHANISMS 186 Page 2 of 188 India: Annual Report on Torture 2020 18 March 2021 ABBREVIATIONS AFSPA - Armed Forces Special Power Act AIIMS - All India Institute of Medical Sciences AIR – All India Radio AR – Assam Rifles ASI - Assistant Sub Inspector BHRC - Bihar Human Rights Commission BSF - Border Security Force BJP - Bharatiya Janata Party CAA - Citizenship Amendment Act CB-CID - Crime Branch-Criminal Investigation Department CID – Crime Investigation Department CBI - Central Bureau of Investigation CFLTC - Covid First Line Treatment Centre CIA - Crime Investigation Agency CHC - Community Health Centre CCTV - Closed-circuit television CMM - Chief Metropolitan Magistrate CrPC - Code of Criminal Procedure CRPF - Central Reserved Police Force CWC - Child Welfare Committee DHH - District Headquarters Hospital DGP - Director General of Police DCP - Deputy Commissioner of Police DM - District Magistrate DSP – Deputy Commissioner of Police EOW - Economic Offences Wing ESMA - Essential Services Maintenance Act FCRA - Foreign Contribution Regulation Act FIR – First Information Report GD – General Dairy GREF - General Reserve Engineer Force GRP - Government Railway Police HC – High Court IED - Improvised Explosive Device IG – Inspector General IO - Investigation Officer IPC - Indian Penal Code IPS- Indian Police Service IRBn - Indian Reserve Battalion ITBP - Indo-Tibetan Border Police J&K – Jammu and Kashmir JJ Act - Juvenile Justice (Care and Protection of Children) Act JJB - Juvenile Justice Board Page 3 of 188 India: Annual Report on Torture 2020 18 March 2021 JE – Judicial enquiry JFCM - Judicial Magistrate of First Class LWE - Left Wing Extremism LCB - Local Crime Branch KSHRC - Kerala State human rights commission KRA - Kuki Revolutionary Army MER – Magisterial Enquiry Report MLA - Member of Legislative Assembly MLC - Medico Legal Case ME – Magisterial enquiry MHA - Ministry of Home Affairs NCAT – National Campaign Against Torture NSCN - National Socialist Council of Nagaland NDPS - Narcotic Drugs and Psychotropic Substances NGO – Non Governmental organisation NHRC- National Human Rights Commission NCRB – National Crime Records Bureau NoK – Next of kin OC - Officer-in-Charge OHCHR – Office of the UN High Commissioner for Human Rights OHRC – Odisha Human Rights Commission PHRA - Protection of Human Rights Act POCSO - Protection of Children from Sexual Offences PIL - Public Interest Litigation PMR – Post Mortem Report PHC – Primary Health Centre SC/ST Act - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act SEB - Special Enforcement Bureau SF – Security force SI - Sub Inspector SIMI - Students’ Islamic Movement of India S/o – Son of SHO – Station House Officer SHRC – State Human Rights Commission SIT - Special Investigation Team SSP - Senior Superintendent of Police SP - Superintendent of Police SC - Scheduled Caste SR - Special Rapporteur SRP - State Reserve Police ST – Scheduled Tribe STF - Special Task Force THRO- Tripura Human Rights Organisation TNSHRC - Tamil Nadu State Human Rights Commission ULFA - United Liberation Front of Assam UN – United Nations Page 4 of 188 India: Annual Report on Torture 2020 18 March 2021 UNCAT - UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment VDP - Village Defence Party WBCPCR - West Bengal Commission for Protection of Child Rights Page 5 of 188 India: Annual Report on Torture 2020 18 March 2021 1. EXECUTIVE SUMMARY Throughout 2020, India remained virtually shut because of the lockdowns imposed to contain the COVID-19 pandemic. From 24 March to 31 May 2020, India was completely locked down while during the unlock phases from Unlock 1.0 to Unlock 7 i.e. from 1 June to 31 December 2020, India faced various degrees of restrictions and social distancing to deal with the COVID-19. The United Nations Office on Drugs and Crime in its study on the impact of the COVID-19 pandemic on four types of crime: homicide, robbery, theft and burglary stated that “Reported robbery, theft and burglary declined significantly, falling by more than 50 per cent in most countries. The decrease was larger in countries with stricter lockdown regimes.”1 In the initial phase of COVID-19 lockdown, Delhi, Bengaluru, Lucknow, Kolkata, Thiruvananthapuram and Coimbatore reported a 60-90 per cent drop in crimes by 10 April 2020 as compared to 2019 though cases of domestic violence, cybercrime and violation of lockdown rules were some of the exceptions.2 In
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