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Torture in India 2011 14,231 custodial deaths from 2001 to 2010 Asian Centre for Human Rights TORTURE IN INDIA 2011 ASIAN CENTRE FOR HUMAN RIGHTS TORTURE IN INDIA 2011 First published 21 November 2011. © Asian Centre for Human Rights, 2011. No part of this publication can be reproduced or transmitted in any form or by any means, without prior permission of the publisher. 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] CONTENTS PREFACE ....................................................................................................v 1. 14,231 CUSTODIAL DEATHS FROM 2001 TO 2010: INDIA MUST ENACT ANTI-TORTURE LAW ........................................3 2. TORTURE IN POLICE CUSTODY ...........................................................9 I. PatterNS AND PRACTICES OF Torture IN POLICE CUStody .....................................................................9 A. Custodial deaths ......................................................................... .9 i. Individual cases of custodial deaths through torture: ................ 9 ii. Custodial death through torture: alleged suicide ...................... 16 iii. Custodial death through torture: alleged sudden medical complications ............................................................................. 24 B. Torture not resulting in deaths ................................................... 29 i. Torture to extract confessions .................................................... 29 ii. Torture resulting from a failure to pay bribes ............................ 32 iii. Other cases of torture not resulting in death ............................. 33 II. CUSTODIAL TORTURE OF WOMEN ..........................................35 A. Torture including custodial deaths ............................................. 35 B. Sexual assaults including custodial rapes.................................. 37 III. CUSTODIAL TORTURE OF CHILDREN .....................................39 A. Custodial torture of juvenile in conflict with law ....................... 39 B. Custodial rape of minors ............................................................ 42 C. Violations of child rights in juvenile/children homes ................. 43 IV. IMPUNITY ......................................................................................45 3. TORTURE IN THE CUSTODY OF THE ARMED FORCES .................47 4. TORTURE BY THE ARMED OPPOSITION GROUPS .........................50 I. NAXALITES’ USE OF TORTURE.................................................50 i. Brutal execution in so-called Jan Adalats, Peoples’ Court ........ 50 ii. Other cases of hostage taking, torture and execution ................ 53 iii. Alleged sexual abuse of female Maoist cadres ........................... 56 II. TORTURE BY OTHER AOGs ........................................................57 5. TORTURE IN JUDICIAL CUSTODY .....................................................59 I. TORTURE IN PRISON CUSTODY ...............................................59 a. Deaths in judicial custody due to alleged torture ...................... 59 b. Torture and ill-treatment ............................................................ 63 c. Torture of blast accused ............................................................. 65 6. TORTURE BY OTHER NON-STATE ACTORS .....................................66 A. Torture by the upper castes ..............................................................66 i. Beaten to death ........................................................................... 66 ii. Setting on fire ............................................................................. 68 iii. Beating and humiliating treatment ............................................. 68 iv. Sexual attacks ............................................................................. 70 B. Use of torture by Caste/ Village Panchayats ....................................72 7. JUDICIAL INTERVENTIONS AGAINST TORTURE ...........................74 I. JUDGEMENTS AWARDING COMPENSATION .........................74 II. JUDGEMENTS AWARDING PUNISHMENTS ............................77 III. COURT ORDERS PROBE BY CBI ................................................78 8. AWARD OF COMPENSATION BY NHRC IN CASES FILED BY ACHR .....................................................................................80 9. SCRUTINY BY UNITED NATIONS .......................................................88 TORTURE IN INDIA 2011 Preface Due to the lack of financial resources,Torture in India 2011 covering the incidents of 2010 cannot be printed and is only available online. Torture in India series which started in 2008 were previously published under the National Campaign for the Prevention of Torture – a programme funded by the European Commission. The project from the European Commission had ended in April 2010 but the National Campaign for Prevention of Torture continues as there has not been any reduction on the use of torture in India. Torture in India series have been instrumental for bringing national and international spotlight on torture in India. The Government of India regrettably has been reluctant to address torture. It drafted Prevention of Torture Bill, 2008 with only four operative clauses. The Asian Centre for Human Rights (ACHR) responded by drafting alternate "Prevention of Torture Bill, 2009" through a National Conference held on 24-25 June 2009. In fact, when the Lok Sabha passed the Prevention of Torture Bill, 2010 with the same operative clauses on 6 May 2010, the Government of India had to refer the Bill to the Parliamentary Select Committee of the Rajya Sabha headed by Mr Ashwini Kumar, the current Minister of State for Planning. The Prevention of Torture Bill, 2010 as drafted by the Parliamentary Select Committee incorporates many of the recommendations adopted by the National Conference organized by the ACHR. As this report indicates, more than four persons have been killed each day in the last decade from 2001 to 2010. The same findings in Torture in India 2008: A State of Denial made national and international news. It shows that there has been no reduction of incidents of torture in India. It comes as no surprise that the government of India once again failed to introduce the Prevention of Torture Bill, 2010 as drafted by the Parliamentary Select Committee in the forthcoming parliamentary session (9th Session of Fifteen Lok Sabha and 224th Session of the Rajya Sabha) commencing on 22 November 2011. The lack of political will to stamp out torture requires little introduction. Suhas Chakma Director ACHR V 1. 14,231 custodial deaths from 2001 to 2010: India must enact anti-torture law From 2001 to 2010, the National Human Rights Commission (NHRC) recorded 14,231 i.e. 4.33 persons died in police and judicial custody in India. This includes 1,504 deaths in police custody and 12,727 deaths in judicial custody from 2001- 2002 to 2009-2010.1 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. Not all the cases of deaths in police and prison custody are reported to the NHRC. The NHRC does not have jurisdiction over the armed forces under Section 19 of the Human Rights Protection Act. Further, the NHRC does not record statistics of torture not resulting into death. Torture remains endemic, institutionalised and central to the administration of justice and counter-terrorism measures. India has demonstrated no political will to end torture. Torture and deaths in police custody: Maharashtra tops the chart The NHRC recorded 1504 deaths in police custody during 2001-2010 which includes 165 deaths in 2001-2002;2 183 deaths in 2002-2003;3 162 deaths in 2003-2004;4 136 deaths in 2004-2005;5 139 deaths in 2005-2006;6 119 deaths in 2006-2007;7 187 deaths in 2007-2008;8 142 deaths in 2008-2009; 124 deaths in 2009-2010 and 147 deaths in 2010-2011.9 The Asian Centre for Human Rights (ACHR) has consistently underlined that 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. Maharashtra recorded the highest number of deaths in police custody with 250 deaths; followed by Uttar Pradesh (174); Gujarat (134); Andhra Pradesh (109); West Bengal (98); Tamil Nadu (95); Assam (84); Karnataka (67); Punjab (57); Madhya Pradesh (55); Haryana (45); Bihar (44); Kerala (42); Jharkhand (41); Rajasthan (38); Orissa (34); Delhi (30); Chhattisgarh (24); Uttarakhand (20); 1. For 2009-2010, custodial cases are covered for the period up to 28 February 2010. 2. 2001-2002 Annual Report of the National Human Rights Commission 3. 2002-2003 Annual Report of the National Human Rights Commission 4. 2003-2004 Annual Report of the National Human Rights Commission 5. 2004-2005 Annual Report of the National Human Rights Commission 6. 2005-2006 Annual Report of the National Human Rights Commission 7. 2006-2007 Annual Report of the National Human Rights Commission 8. 2007-2008 Annual Report of the National Human Rights Commission 9. Unstarred Question no. 1475, Answered by Minister of State in the Ministry of Home Affairs, Mr Jitendra Singh in the Lok Sabha on 9.08.2011, see Annexure to the reply at http://164.100.47.132/ Annexture/lsq15/8/au1475.htm ACHR 1 TORTURE IN INDIA 2011 Meghalaya (17); Arunachal Pradesh (10); Tripura (8); Jammu and Kashmir (6); Himachal Pradesh (5); Goa, Chandigarh
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