Reports
National Campaign Against Torture, India: Annual Report on Torture 2019
The report examines 124 cases of custodial deaths across the country documented by the NCAT and examines the trends and patterns emerging from these cases. It sheds light on the practices used while committing acts of torture, the communities from which victims hail, causes of death in cases of torture, interventions in cases and torture by non-state actors.
Common Cause & Centre for the Study of Developing Societies, Status of Policing in India Report 2019
The report studies policing in India and reveals the patterns of policing, the infrastructure and resources available to them, the conditions in which they work, their capacities and skills and their perceptions of and interactions with the society. It is the result of a survey of approximately 12,000 policemen and their family members across 21 states in India.
Asian Centre for Human Rights, India: Annual Report on Torture 2018
The report offers insights into instances of torture in police custody as well as judicial custody in 2018. It focuses on torture meted out to vulnerable sections of the society such as women, children and marginal communities. It also includes findings on interventions by NHRC and SHRCs, judicial interventions and the non-ratification of the UNCAT.
Human Rights Watch, Bound by Brotherhood: India’s Failure to End Killings in Police Custody, 2016
The report, Bound By Brotherhood, is the result of an investigative study conducted by Human Rights Watch to study the reasons for the commission of torture and its continuation with impunity in India. The report investigates seventeen instances of custodial death that occurred between 2009 and 2015 and lists detailed accounts from interviews with family members of victims, witnesses, justice experts and police officials.
Asian Centre for Human Rights, Torture in India, 2011
The report assesses reported cases of torture from 2001 to 2010, while strongly emphasising that the data recorded by the National Human Rights Commission, India does not depict the reality with respect to the volume of actual cases.
Asian Centre of Human Rights, Torture in India: A State of Denial, 2008
The report studies the use of torture accross India and its prevalence. It affirms that the practice of torture is widespread and chronicles the various patterns and kinds of tecniques employed. The study is not restricted to torture in prison by prison officials, but also includes torture by armed forces and armed opposition groups and non-state actors. Read More →
Law Commission Reports
The 273rd Law Commission of India Report on Implementiaion of the ‘United Nations Convention Against Torture and other Cruel, Inhuman and Degrading Treatment’ through Legislation (2017)
The report was drafted after the Central Government’s request to the Law Commission of India in July 2017 asking it to examine the issue of ratification of the UNCAT. The report examined the obligations to safeguard against torture in various international treaties and as a principle of customary international law. It analysed the provisions of the UNCAT and its implementation in states that had ratified it.It discussed the observations made by various Commission on issues relating to torture along with safeguards against torture found in the Constitution of India, 1950 and other statutes. The report also discussed landmark cases on custodial torture and death. Ultimately, it recommended that the Government ratify the UNCAT and also suggested a draft anti-torture legislation that may be passed as the stand alone domestic anti-torture legislation.
The 152nd Law Commission of India Report on Custodial Crimes (1994)
The report acknowledged the excessive and widespread use of torture by police during interrogation and investigation. It discussed the organization of the police force, circumstances contributing to custodial crimes, statutory provisions that attempt to serve as safeguards and international covenants. It discussed the laws on and practice followed during arrest of persons and analysed provisions on evidence, sanction of officers, grant of compensation, etc.
It recommended the addition of provisions in the existing penal laws including but not limited to provisions pertaining to arrest procedure, cognizance of offences committed by officers on an accused in custody, medical examination of arrested persons, etc. It recommended that the police force be split into two units- one which would be responsible for law and order and one which would be responsible for investigation. These two units would be independent of each other. Amendments to the Code of Criminal Procedure, Indian Penal Code and Indian Evidence Act were also suggested.
The 135th Law Commission of India Report on Women in Custody (1989)
The Report recommended special measures to be taken for ensuring the protection of women in custody. It recommended that a new chapter be added in the Code of Criminal Procedure, with provisions specific to the arrest and detention of women, and their treatment in custody. It also recommended amendments to the Indian Penal Code, Probation of Offenders Act ,1968 and the Mental Health Act, 1987.
It was recommended that a new provision be added to the Cr.P.C., listing guidelines for arrest such as no arrest after sunset and before sunrise, no person would touch the body of the woman at the time of making arrest, and if arrest is to be done outside the prescribed duration, it must be done after obtaining written permission from a senior officer, and custody would be presumed only after making an intimation of arrest orally. It was recommended that the Magistrate must inform the female arrestee that medical examination must be conducted at the time of arrest. Such examination must be conducted by a female registered practitioner and a copy of the report must be provided to the arrestee.
The 113th Law Commission of India Report on Injuries in Police Custody (1985)
This was presented after the observation of the Supreme Court in State of U.P. v. Ram Sagar Yadav to present meaningful recommendation on punishment for custodial crimes.
On Burden of Proof: It was recommended that a new provision, S. 114-B, be added to the Indian Evidence Act which would reverse the burden of proof in custodial violence cases. In such cases, it would be presumed that the burden of proof would lie on the police official to show that no custodial torture had occured while the victim was in custody. Especially in cases of custodial deaths, where the victim would be found dead in custody, the burden would not lie on the prosecution to establish custodial death, but on the police to disprove it.