2015 (7) TMI 1212 - SC - Indian Laws

State Human Rights Commissions setup for Union territories - Held that - 1. The States of Delhi Himachal Pradesh Mizoram Arunachal Pradesh Meghalaya Tripura and Nagaland shall within a period of six months from today set up State Human Rights Commissions for their respective territories with or without resort to provisions of Section 21(6) of the Protection of Human Rights Act 1993. 2. All vacancies for the post of Chairperson or the Member of SHRC wherever they exist at present shall be filled up by the State Governments concerned within a period of three months from today. 3. Vacancies occurring against the post of Chairperson or the Members of the SHRC in future shall be filled up as expeditiously as possible but not later than three months from the date such vacancy occurs. 4. The State Governments shall take appropriate action in terms of Section 30 of the Protection of Human Rights Act 1993 in regard to setting up/specifying Human Rights Courts. 5. The State Governments shall take steps to install CCTV cameras in all the prisons in their respective States within a period of one year from today but not later than two years. 6. The State Governments shall also consider installation of CCTV cameras in police stations in a phased manner depending upon the incidents of human rights violation reported in such stations. 7. The State Governments shall consider appointment of non-official visitors to prisons and police stations in terms of the relevant provisions of the Act wherever they exist in the Jail Manuals or the relevant Rules and Regulations. 8. The State Governments shall launch in all cases where an enquiry establishes culpability of the persons in whose custody the victim has suffered death or injury an appropriate prosecution for the commission of offences disclosed by such enquiry report and/or investigation in accordance with law. 9. The State Governments shall consider deployment of at least two women constables in each police station wherever such deployment is considered necessary having regard to the number of women taken for custodial interrogation or interrogation for other purposes over the past two years.

Issues Involved:
1. Custodial Torture and Human Rights Violations
2. Setting up of State Human Rights Commissions
3. Filling up Vacancies in State Human Rights Commissions
4. Constitution of Human Rights Courts
5. Installation of CCTV Cameras in Police Stations and Prisons
6. Appointment of Non-Official Visitors to Prisons and Police Stations
7. Initiation of Criminal Proceedings in Custodial Deaths
8. Deployment of Women Constables in Police Stations

Issue-wise Detailed Analysis:

1. Custodial Torture and Human Rights Violations:
The judgment reflects on the growing incidence of torture and deaths in police custody, describing custodial torture as a "naked violation of human dignity." The Court emphasized that any form of torture for extracting information is impermissible and offensive to Article 21 of the Constitution. The Court issued directions for the treatment of arrestees, including identification of police personnel, preparation of arrest memos, informing relatives, medical examination, and allowing access to lawyers.

2. Setting up of State Human Rights Commissions:
The Court addressed the failure of certain states (Delhi, Arunachal Pradesh, Mizoram, Meghalaya, Tripura, and Nagaland) to establish State Human Rights Commissions despite the enactment of the Protection of Human Rights Act, 1993. The Court rejected the argument that setting up such commissions is discretionary, holding that the power to establish these commissions is coupled with a duty, especially given the high incidence of human rights violations. The Court directed these states to set up commissions within six months.

3. Filling up Vacancies in State Human Rights Commissions:
The Court noted that several State Human Rights Commissions were non-functional due to vacancies in the posts of Chairpersons and Members. The Court directed the states to fill these vacancies within three months and ensure that future vacancies do not remain unfilled for more than three months.

4. Constitution of Human Rights Courts:
The Court highlighted the need for speedy trials of offences arising out of human rights violations and directed the states to consider specifying Human Rights Courts in each district in consultation with the Chief Justices of the respective High Courts.

5. Installation of CCTV Cameras in Police Stations and Prisons:
The Court acknowledged the support of most states for the installation of CCTV cameras in police stations and prisons to check human rights abuses. The Court directed the states to install CCTV cameras in all prisons within one year and consider phased installation in police stations, prioritizing those with higher incidents of human rights violations.

6. Appointment of Non-Official Visitors to Prisons and Police Stations:
The Court recommended the appointment of non-official visitors to prisons and police stations to conduct random and surprise inspections, as provided in the Prison Manual, to prevent human rights violations.

7. Initiation of Criminal Proceedings in Custodial Deaths:
The Court emphasized that appropriate criminal proceedings should be initiated in cases where inquiries establish culpability in custodial deaths or injuries, ensuring that the law takes its course.

8. Deployment of Women Constables in Police Stations:
The Court suggested that states consider deploying at least two women constables in each police station, particularly where women have been detained for interrogation, to ensure proper treatment and adherence to legal safeguards.

Summary of Directions:
1. States of Delhi, Himachal Pradesh, Mizoram, Arunachal Pradesh, Meghalaya, Tripura, and Nagaland to set up State Human Rights Commissions within six months.
2. All vacancies in SHRCs to be filled within three months; future vacancies to be filled within three months of occurrence.
3. States to take action under Section 30 of the Protection of Human Rights Act, 1993, to set up Human Rights Courts.
4. States to install CCTV cameras in all prisons within one year and consider phased installation in police stations.
5. States to appoint non-official visitors to prisons and police stations as per relevant provisions.
6. States to initiate appropriate prosecutions in cases of custodial deaths or injuries where culpability is established.
7. States to consider deploying at least two women constables in police stations where necessary.

The petitions were disposed of with the above directions, with liberty reserved to the petitioner to seek revival of proceedings if necessary. No costs were awarded.

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