14,231 custodial deaths from 2001 to 2010 in India and Kashmir: ACHR

New Delhi, November 21, 2011 : In New Delhi, the Asian Centre for Human Rights(ACHR), in a report said that 14,231 persons had been killed in custody in India from 2001 to 2010. The report pointed out that custodial rape remains one of the worst forms of torture perpetrated on women by law enforcement personnel in India.

The Asian Centre for Human Rights (ACHR), in its report, “Torture in India 2011”, stated that a total of 14,231 people i.e. more than four persons per day died in police and judicial custody in India from 2001 to 2010. This includes 1,504 deaths in police custody and 12,727 deaths in judicial custody from 2001-2002 to 2009-2010 as per the cases submitted to the National Human Rights Commission of India, the repost said.
The report said that majority of the deaths was direct consequence of torture in custody. These deaths reflect only a fraction of the problem with torture and custodial deaths in India as not all the cases of deaths in police custody and prison are reported to the NHRC. Further, the NHRC does not have jurisdiction over the armed forces and the National human rights commission of India also does not record statistics of torture not resulting into death, it said.
About 99.99 percent of deaths in police custody can be ascribed to torture and occur within 48 hours of the victims being taken into custody,” the ACHR Director, Suhas Chakma said.
The ACHR registered only six deaths in police custody in Kashmir from 2001 to 2011. This is despite the fact that on March 31, 2011, the puppet Chief Minister, Omar Abdullah in a written reply before the so-called Kashmir Legislative Council stated that 341 persons had died in police custody in the territory since 1990.
Custodial rape remains one of the worst forms of torture perpetrated on women by law enforcement personnel and many custodial rapes take place at regular intervals. The Indian NHRC recorded 39 cases of rape from judicial and police custody from 2006 to
During 2001-2010, Indian state Maharashtra recorded the highest number of deaths in police custody with 250 deaths; followed by other states 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); Meghalaya (17); Arunachal Pradesh (10); Tripura (8); Himachal Pradesh (5); Goa; Chandigarh and Pondicherry (3 each); Manipur, Mizoram and Nagaland (2 each);  and Sikkim and Dadra and Nagar Haveli (1 each) while  disputed territory Jammu and Kashmir (6), Mr Chakma, Director of Asian Centre for Human Rights said.

“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. Though Maharashtra has a total population of 112 million in comparison to 199 million in Uttar Pradesh according to 2011 census, the fact that 76 more persons were killed in police custody in Maharashtra shows that torture is more rampant in police custody in Maharashtra than Uttar Pradesh,” further asserted Mr Chakma.

Citing the case of one Mohammad Umar alias Badkau, who allegedly committed inside Haldi Police Station in Bahraich district of Uttar Pradesh by hanging himself with a towel inside the lock-up on 21 March 2010, Asian Centre for Human Rights stated that the post mortem report found eight contusions on various parts and ligature mark around the neck and indicated that the cause of death was due to asphyxia as a result of ante mortem hanging. The magisterial enquiry report opined that deceased died due to police torture and held In-charge of the Police Station, Brij Kishore Yadav, Head Moherar Sanjay Verma, Lock up Sentry, Constable Ishwardin Shukla and Co-prisoner Vijay Shankar Pandey jointly responsible for this death. The Investigating Officer of case S.K. Surya (Sub Inspector) and Constable Dev Baksh Singh were also found responsible or tampering with the documents.

The report said that during 2001-2010, 12,727 deaths in judicial custody took place. Uttar Pradesh recorded the highest number of deaths in judicial custody with 2171 deaths, followed by Bihar (1512); Maharashtra (1176); Andhra Pradesh (1037); Tamil Nadu (744); Punjab (739); West Bengal (601); Jharkhand (541); Madhya Pradesh (520); Karnataka (496); Rajasthan (491); Gujarat (458); Haryana (431); Orissa (416); Kerala (402); Chhattisgarh (351); Delhi (224); Assam (165); Uttarakhand (91); Himachal Pradesh (29); Tripura (26); Meghalaya (24); Chandigarh (23); Goa (18); Arunachal Pradesh (9); Pondicherry (8); Nagaland (6); Mizoram (4); Sikkim and Andaman and Nicober Island (3 each); and Manipur and Dadra and Nagar Haveli (1 each) while the disputed territory of Jammu and Kashmir  is 6.

A large of number of these deaths are a result of torture, denial of medical facilities and sub-human conditions in Indian jails.

ACHR stated that the number of deaths in police custody recorded from disputed territory of Jammu and Kashmir and conflict afflicted like Manipur do not reflect the gravity of the situation. The Indian Human Rights Commission registered only six deaths in police custody in Jammu and Kashmir from 2001-02 to 2010-11, while only two cases of deaths in police custody were recorded from Manipur during the same period. This is despite the fact that on 31 March 2011 Jammu and Kashmir puppet Chief Minister Omar Abdullah in a written reply before the so-calledLegislative Council stated that 341 persons had died in police custody in the territory since 1990.

ACHR stated that custodial rape remains one of the worst forms of torture perpetrated on women by law enforcement personnel and a number of custodial rape of women takes place at regular intervals.  The Indian Human Rights Commission NHRC recorded 39 cases of rape from judicial and police custody from 2006 to 28 February 2010. source, News agencies