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Notes Section 37 of the Protection of Human Rights Act, 1993 empowers the Government to constitute
one or more special investigative teams consisting of such police officers as it thinks necessary
for the purpose of investigation and prosecution of offences arising out of violations of human
rights. The Commission's power to utilize the services of any officer or investigating agency of
the Government for conducting any investigation pertaining to the inquiry is however made
dependent on the concurrence of the Government by section 14(1).
The Human Rights Courts constituted under section 30 of the Protection of Human Rights Act,
1993 is competent to entertain any complaint or take cognizance of any case complaining
violation of right to privacy due to obtrusive surveillance of police and give appropriate relief
both under criminal as well as civil law. Human Rights Court is also competent to award
compensation under section 357, Cr.P.C.
Under the Human Rights Protection Act of 1993 (amended in 2006), the NHRC has the power to
"visit, notwithstanding anything contained in any other law for the time being in force, any jail
or other institution under the control of the State Government, where persons are detained or
lodged for purposes of treatment, reformation or protection, for the study of the living conditions
of the inmates thereof and make recommendations thereon to the Government."
On 14 December 1993, Vide Letter No. 66/SG/NHRC/93, NHRC issued directions on "Custodial
Deaths/Rapes which are as under:
"In view of the rising number of incidents and reported attempts to suppress or present a
different picture of these incidents with the lapse of time, the Commission has taken a view
that a direction should be issued forthwith to the District Magistrates and Superintendents of
Police of every district that they should report to the Secretary General of the Commission
about such incidents within 24 hours of occurrence or of these officers having come to know
about such incidents. Failure to report promptly would give rise to presumption that there was
an attempt to suppress the incident."
On 10 August 1993, responding to concerns over the poor quality of post mortem inquiries the
NHRC further instructed Chief Ministers of States that all postmortems of custodial deaths
would now need to be videoed and sent to the Commission. The NHRC stated that:
"Scrutiny of the reports in respect of all these custodial deaths by the Commission very often
shows that the postmortem in many cases has not been done properly. Usually the reports are
drawn up casually and do not at all help in the forming of an opinion as to the cause of death."
30.3.1 The National Human Rights Commission (NHRC)
Protection of Human Rights Act has also helped focused on the issue of custodial violence
committed by police in India and ill-treatment of detainees, constituting a serious denial of
basic human rights by the police. The NHRC took prompt measures to monitor incidents of
custodial violence leading to death. It ordered that all cases of death or rape in custody should
be reported to it within 24 hours. The Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, 1984 passed by the UN General Assembly on December
10, 1984 and came into force on June 26, 1987. India signed the convention ten years later, in
1997. The International Covenant on Civil and Political Rights (ICCPR) obliges signatory states
to "ensure" that rights set out in that treaty, including the right to freedom from torture is
available to one and all.
30.3.2 Objectives of the National Human Rights Commission (NHRC)
Relevant objectives of the Commission's Previsions which have bearing on custodial violence
are as under-
1. To study, investigate and review all matters relating to the safeguards provided under the
Constitution and the Laws for protection and promotion of Human Rights of all sections
of the Society, and make recommendations on the steps necessary for effective
implementation of the safeguards provided for this purpose.
2. To study and review existing constitutional and legislative provisions relating to the
preservation and promotion of Human Rights, and recommend amendments thereto so as
to overcome any lacunae, inadequacies or shortcomings in such legislation.

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