IndiaTorture2018 PDF

India:
Annual Report on
Torture 2018
A Publication of the Asian Centre for Human Rights
First published: April 2019
Centre photo: Torture and parading of Abdul Qadir after being tied to the
bonnet of Police Jeep in Mahidpur town, Ujjain, Madhya Pradesh in June 2016
Background photo: Uttar Pradesh Police beating and forcible taking of the
thumb impression of the custodial death victim Mr Pappu Singh i.e. father of
rape survivor of BJP MLA from Unnao, Uttar Pradesh Kuldeep Singh Sengar
in April 2018. The deceased Pappu Singh was being forced to withdraw the
case against the MLA. As he refused to withdraw, he was allegedly roughed up
in police custody and rushed to the district hospital with 18 wounds and
gashes, abdominal pain and vomiting. He died soon thereafter.
© Asian Centre for Human Rights, 2018.
No part of this publication can be reproduced or transmitted in any form or by

any means, without prior permission of the publisher.
ISBN: 978-81-88987-88-7
Suggested contribution Rs. 995/-
Published by:
ASIAN CENTRE FOR HUMAN RIGHTS
[ACHR has Special Consultative Status with the United Nations ECOSOC]
C-3/441-C, Janakpuri, New Delhi-110058, India
Phone/Fax: +91-11-25620583
Email: director@achrweb.org
Website: www.achrweb.org
Acknowledgement: This report is being published as a

part of the ACHR’s “Campaign Against Torture in India:
Prevention, Accountability and Rehabilitation”, a project
funded by the European Commission under the European
Instrument for Human Rights and Democracy – the
European Union’s programme that aims to promote and
support human rights and democracy worldwide. The
views expressed are of the Asian Centre for Human Rights,
and not of the European Commission.
Table of Contents
1. EXECUTIVE SUMMARY ..................................................................................................... 9

2. TORTURE IN POLICE CUSTODY ...................................................................................... 15
I. PATTERNS AND PRACTICES OF TORTURE ............................................................. 15
A. Custodial deaths ............................................................................................... 27
B. Torture not resulting to deaths ......................................................................... 51
II. CUSTODIAL TORTURE OF DALITS AND TRIBALS.................................................... 62
A. Custodial deaths ............................................................................................... 62
B. Torture not resulting in deaths .......................................................................... 68
III. CUSTODIAL TORTURE OF WOMEN ......................................................................... 71
A. Tortured to death ............................................................................................. 71
B. Torture not resulting in death ............................................................................ 73
C. Sexual assaults including rape ........................................................................... 78
IV. CUSTODIAL TORTURE OF CHILDREN ...................................................................... 80
A. Custodial death of children ................................................................................ 80
B. Custodial torture of children not leading to death ............................................... 82
C. Sexual attacks including rape of minors ............................................................. 85
3. TORTURE IN JUDICIAL CUSTODY ................................................................................... 91
A. Deaths in judicial custody due to alleged torture ........................................................ 91
B. Deaths due to denial medical treatment..................................................................... 99
C. Deaths due to alleged suicide in prisons................................................................... 102
D. Torture and ill-treatment in prisons ......................................................................... 106
E. Inhuman conditions in the prisons ............................................................................ 110
4. TORTURE IN THE CUSTODY OF THE ARMY AND THE CENTRAL ARMED FORCES ...... 119
5. IMPUNITY AGAINST TORTURE & OTHER HUMAN RIGHTS VIOLATIONS .................... 123
6. TORTURE BY THE ARMED OPPOSITION GROUPS ........................................................ 133
I. Abuses by the armed opposition groups in Jammu and Kashmir ............................... 133
II. Abuses by the Naxalites ......................................................................................... 135
7. TORTURE BY OTHER NON-STATE ACTORS (UPPER CASTES) ..................................... 141
A. Cases of being beaten to death ............................................................................... 143
B. Cases of being set on fire ....................................................................................... 146
India: Annual Report on Torture 2018
C. Cases of degrading and humiliating treatment.......................................................... 147

8. JUDICIAL INTERVENTIONS AGAINST TORTURE .......................................................... 155
I. JUDGMENTS AWARDING COMPENSATION ......................................................... 156
II. JUDGMENTS RECOMMENDING PUNISHMENTS .................................................. 160
III. DIRECTIONS FOR PROBE BY INDEPENDENT AGENCIES ....................................... 175
9. INTERVENTIONS OF NHRC/SHRCs AGAINST TORTURE ................................................ 179
I. NATIONAL HUMAN RIGHTS COMMISSION ........................................................... 179
II. STATE HUMAN RIGHTS COMMISSIONS ............................................................... 188
Tamil Nadu State Human Rights Commission ........................................................... 188
Madhya Pradesh State Human Rights Commission .................................................. 201
Odisha State Human Rights Commission ................................................................. 201
Karnataka State Human Rights Commission ............................................................ 202
Kerala State Human Rights Commission .................................................................. 203
Maharashtra State Human Rights Commission ........................................................ 204
10. SCRUTINY OF INDIA’S RECORDS BY THE UN HUMAN RIGHTS MECHANISMS ............ 207
I. Call to protect journalist Rana Ayyub from online hate campaign .............................. 207
II. Condemnation of and calling for probe into deadly police response to protest against
Sterlite Copper plant in Thoothukudi in Tamil Nadu .................................................. 208
III. Presenting first-ever UN human rights report on Kashmir calls for international inquiry into
multiple human rights violations ............................................................................... 209
IV. UN experts urge India to release rights defender Dr. G.N. Saibaba on health grounds.....210
V. Calling for urgent progress in investigation of hundreds of “fake encounter” killings in
Manipur .................................................................................................................. 210
VI. UN human rights expert expressed alarm at India’s move to deport Rohingya refugees.....211
VII. UN experts expressed concerns over slapping of terrorism charges on human rights
defenders to mute them ......................................................................................... 212
11. RATIFICATION OF THE UNCAT BY INDIA: A DISGRACEFUL CASE OF NOT IMPLEMENTING
PROMISES ..................................................................................................................... 215
12. ANNEUXRE-1: Compensation awarded by the NHRC in torture and other cases in 2018......227
13. ANNEUXRE-2: RTI replies from the NHRC on custodial deaths in 2018 ................... ......245
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Glossary
ACHR- Asian Centre for Human Rights

ACP- Assistant Commissioner of Police
ACMM- Additional Chief Metropolitan Magistrate
ADGP- Additional Director General of Police
AFSPA- Armed Forces (Special Powers) Act, 1958
ASI- Assistant Sub Inspector
ATR- Action Taken Report
ATS- Anti-Terrorism Squad
BJP- Bharatiya Janata Party
BSF- Border Security Forces
BOP- Border Out Post
CB-CID- Crime Branch, Crime Investigation Department
CBI- Central Bureau of Investigation
CCS- Central Crime Station
CDRO- Coordination of Democratic Rights Organisations
CIA- Crime Investigation Agency
CIC- Central Information Commission
CID- Crime Investigation Department
CISF- Central Industrial Security Force
CJM- Chief Judicial Magistrate
CPI- Communist Party of India
CrPC- Code of Criminal Procedure
CRPF- Central Reserve Police Force
CWC- Child Welfare Committee
DCP – Deputy Commissioner of Police
DGP- Director General of Police
DIG-Deputy Inspector General
DSP- Deputy Superintendent of Police
FIR- First Information Report
FSL - forensic science laboratory
GRP- Government Railway Police
HC – High Court
HRDs- human rights defenders
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IG- Inspector General

IIC- Inspector In-Charge
IPC- Indian Penal Code
IPS – Indian Police Service
JJ Act - Juvenile Justice (Care and Protection of Children) Act, 2000
JJB - Juvenile Justice Board
KSHRC- Karnataka State Human Rights Commission
LCB- Local Crime Branch
LWE- Left Wing Extremism
MAP- Mizoram Armed Police
MPHRC- Madhya Pradesh State Human Rights Commission
MSHRC- Maharashtra State Human Rights Commission
MASUM- MASUM - Banglar Manabadhikar Suraksha Mancha
MHA- Ministry of Home Affairs
MLA- Member of Legislative Assembly
NCRB- National Crime Records Bureau
NDPS Act - Narcotic Drugs and Psychotropic Substances Act, 1985
NHRC- National Human Rights Commission
NOK- Next of kin
NDPS Act - Narcotic Drugs and Psychotropic Substances Act, 1985
NSS- Niyamgiri Suraksha Samiti
OBC- Other Backward Classes
OC- Officer-in-charge
OHCHR - Office of the United Nations High Commissioner for Human
Rights
OHRC - Odisha State Human Rights Commission
OSD – Officer on Special Duty
PAC- Provincial Armed Constabulary
PHC- primary health centre
PHR Act – Protection of Human Rights Act, 1993
PIL- Public Interest Litigation
POSCO Act- Protection of Children from Sexual Offences Act
RPF- Railway Protection Force
Rs. - Rupees
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SC- Supreme Court

SC/ST Act – Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989
SHO- Station House Officer
SHRC – State Human Rights Commission
SF- Security Forces
SI – Sub Inspector
SIT Special Investigation Team
S/o- Son of
SSP- Senior Superintendent of Police
SLP – Special Leave Petition
SOG- Special Operation Group
SP- Superintenent of Police
SPG- Special Protection Group
SPP- Special Public Prosecutor
TNSHRC – Tamil Nadu State Human Rights Commission
ULFA - United Liberation Front of Asom
UN- United Nations
UNCAT – United Nations Convention against Torture
u/s – Under Section
UT- Union Territory
W.P.(C)- Writ Petition (Civil)
WP(Crl.) – Writ Petition (Criminal)
WSS- Women against Sexual Violence and State Repression (WSS)
W/o – Wife of
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1. EXECUTIVE SUMMARY
Deaths in police custody which mainly occur as a result of torture are
rising in India. There is no let up in the number of custodial deaths in
India. The National Human Rights Commission (NHRC) received
reports of 147 deaths in police custody during 2018.1 About a decade
ago i.e. during 2009-2010, the NHRC had received reports of 124 deaths
in police custody2, indicating 19% increase of deaths in police custody.
The NHRC further registered 525 cases of torture in police custody during
2018.3 These figures do not reflect the extent and actual incidents of
custodial death and torture in the country.
The pattern of custodial deaths remains similar. Police claim that majority
of victims of custodial deaths in police custody during 2018 died after
suddenly developing sudden medical complications soon after being taken
into police custody. Police also claimed the detainees suffered injuries
while trying to escape and later succumbed to the injuries. In some cases,
police blamed beatings of the deceased by mob/public prior to their
arrest/detention. The fact remains many are tortured to death for the
failure to pay bribe and in these cases, the victims are tortured in front of
the relatives and falsely implicated in various alleged crimes. Victims were
often tortured to extract confessions.
Police often cite suicide as the cause of death in their custody. During
2018, police claimed that many victims committed suicide by consuming
poison, banging their heads till death, hanging with piece of cloths, wire,
belt, rope, etc. Police even made bizarre claims that Sitrarasu, a junior
assistant in the education department and a resident of Chunambedu of
Tamil Nadu had hanged himself - using his innerwear!4 In most cases, the
family members of the deceased rejected the claims of suicide and alleged
torture to be the cause of death. In some cases, marks of torture were
established in post mortem reports. Most victims purportedly committed
suicide within 24 hours of their detention, that is, before the production
before the magistrate. The most serious issue is that victims are tortured
to death even after production before the Judicial Magistrate.
1
. Response from the NHRC India vide letter NHRC/RTI/78/2019 dated 24th January 2019
received under the Right to Information Act
2
. NHRC Annual Report 2009-2010, p.136
3
. Ibid
4
. Death in police custody: SHRC issues notice to Tamil Nadu govt, The Times of India, 3
May 2018, available at https://timesofindia.indiatimes.com/city/chennai/death-in-police-
custody-shrc-issues-notice-to-tamil-nadu-govt/articleshowprint/64018877.cms
(9)
Dalits and indigenous peoples remain extremely vulnerable to torture

and during 2018, many died in police custody after being arrested in
cases related to alleged theft or robbery. On 8 February 2018, Abinash
Munda, a tribal youth, was allegedly tortured to death at the Ainthapalli
Police Station in Sambalpur district of Odisha after being arrested in a
theft case. The police claimed that Munda committed suicide by hanging
himself with a bed sheet in the police lock-up5 but family members claimed
that he was tortured to death in the Police Station.6 His dead body was
recovered from an abandoned house near to the police station.
Custodial torture of women including rape is reported regularly in India

despite various judicial pronouncements for their safety. Majority of the
victims of custodial deaths among women belonged to weaker section of
the society such as Dalits, tribals and the poor who mostly worked as
domestic help or did petty jobs to earn a livelihood. On 10 August
2018, constable Minesh Bhunekar posted with the crime branch was
booked for alleged rape and torture of an undertrial woman prisoner at
Santrampur Police Station in Mahisagar district of Gujarat. The victim
was allegedly tortured and raped after being taken into police custody on
the afternoon of 29 May 2018. She alleged that she was given electric
shocks, was beaten and her hands were pierced with pins. She was allegedly
raped by constable Bhunekar while two others kept vigil at the door.7 A
special investigation team was set up to investigate the case.8
There is no improvement of torture in prisons and torturous prison
conditions. The NHRC record a total of 1,819 deaths in judicial custody.9
Horrible prison conditions by themselves constitute inhuman and
degrading treatment and as per the latest data available about 149 jails
had an overcrowding rate of from 200% to 1166.7% as on 31.12.2015.10
5
. Tribal youth commits suicide in police custody in Odisha, The Hindustan Times, 9 February
2018, available at https://www.hindustantimes.com/india-news/tribal-youth-commits-suicide-
in-police-custody-in-odisha/story-pmN85nvOCNdFw9drF73wQN.html
6
. Odisha: Mob attacks cops, sets fire to Police Station over ‘custodial death’ of tribal man,
The Hindustan Times, 9 February 2018
7
. Three Mahisagar cops booked for custodial rape, The Times of India, 12 August 2018
8
. Woman undertrial alleges rape by cop, The Times of India, 11 August 2018, available at
https://timesofindia.indiatimes.com/city/vadodara/woman-undertrial-alleges-rape-by-cop/
articleshow/65360075.cms
9
. Response from the NHRC India vide letter NHRC/RTI/78/2019 dated 24th January 2019
received under the Right to Information Act
10
. Reply of the Ministry of Home Affairs to Starred Question No. 303 answered on 08.08.2017
before the Lok Sabha, available at http://164.100.47.190/loksabhaquestions/annex/12/
AS303.pdf
(10)
In large majority of custodial deaths the prison officials contended that

the cause of deaths were sudden health or medical complications such as
acute pain in the body, heart attack, serious pain in chest, sudden
deterioration of health condition, stomach pain, uneasiness, incessant
coughing, asthma, seizure and fainting, falling unconscious etc. Suicide
due to alleged depression is also often cited by prison officials. In a bizarre
case, the jail officials claimed that Guddu alias Bhanu Pratap, aged 30
years, an undertrial prisoner, hanged himself with his gamcha (towel)
inside the toilet of at barrack No. 7 in Raebareli district Jail in Uttar
Pradesh on 14 October 2018, but the media reported that the deceased
had lost his right hand in an accident three years ago.11
The non-implementation of the Juvenile Justice (Care and Protection of
Children) Act means that children are often illegally detained at Police
Stations and prisons, and subjected to torture. A number of children
were allegedly tortured to death. A large majority of victims of torture
among juveniles came from the weaker sections of the society viz. Dalits,
tribals, religious minorities, poor etc. On 13 April 2019, a 17-year-old
juvenile died at JJ Hospital in Mumbai in the custody of Government
Railway Police (GRP), Wadala, after being apprehended by the Railway
Protection Force (RPF) on 3 April on suspicion of theft and handed over
to the GRP the next day.12
The armed forces deployed in the conflict situations and border areas
also resorted to torture. The Border Security Forces (BSF) personnel
were accused of kicking on testicles of the male victims including juveniles
as part of torture. On the night of 21 November 2018, at around 2 AM,
Sarif Sekh, a 10th standard student of Fatullapur High School, was
reportedly caught by the BSF when he went to a nearby open field to
defecate at Fatullapur under Raghunathgunj Police Station in Murshidabad
district of West Bengal. Despite identifying himself as a student, he was
allegedly tortured by Subedar Sujoy Singh Rana, Sub Inspector Anil
Kumar, and Assistant Sub Inspector C.R Tarki, posted at Bhagirathi
Patlatola Border Out Post (BOP) of 180th Battalion, BSF, ‘F‘ Company.
Apart from hitting with stick and rifle butts, the BSF personnel allegedly
kicked on the victim’s testicles, due to which he became unconscious.13
11
. Dahej hatya ke aropit ne jail me ki khudkushi, Jagran.com; 14 October 2018, available at
https://www.jagran.com/uttar-pradesh/raebareli-prisoner-gets-suicide-18533327.html
12
. Mumbai: 17-yr-old theft suspect dies, family alleges torture by cops, The Indian Express,
15 April 2018, available at https://indianexpress.com/article/cities/mumbai/mumbai-boy-
theft-suspect-dies-family-alleges-torture-by-cops-5137790/
13
. Banglar Manabadhikar Suraksha Mancha (MASUM), Annual Report 2018, available at
http://www.masum.org.in/Documents/Annual%20Report%202018%20draft%204.pdf
(11)
While internal armed conflicts have substantially reduced in the North

East India and the Naxalite conflict is on the wane, the Maoists were
responsible for brutal killing of their hostages after abduction. The suspects
were subjected to summary trial in socalled “Jan Adalats” (Peoples’ Courts)
in full public view and tortured before being killed to instil fear among
the people. On 27 May 2018, Vanjami Sukda, aged 45 years, was
reportedly kidnapped and killed by the Maoists after slitting his throat
on suspicion of being a police informer near Punpalli village under
Dornapal Police Station in Sukma district of Chhattisgarh.14 In Jammu
and Kashmir, on 8 March 2018, a Class XII student identified as Omais
Rashid Bhat, a resident of Qaimoh in South Kashmir’s Kulgam district,
was allegedly abducted by militants and tortured on the suspicion of
being an informer of the security forces. After battling for his life for 14
days, he succumbed to the injuries in a hospital in Srinagar on 22 March
2018.15
Other non-State actors continued to perpetrate torture. The Dalits
continued to face torture and other inhuman and degrading treatment at
the hands of the upper castes. The incidents of caste atrocities continued
to remain high with 39,408 reported cases during 2013; 40,401 reported
cases during 2014; 38,670 reported cases during 2015; and 40,801 cases
during 2016.1617 During 2018 the Dailts were killed, attacked, tortured,
and subjected to other forms of cruel, inhuman or degrading treatment
or punishment by the members of the upper castes, among others, for
riding a horse or owning a horse; sitting crossed-legs; fetching water
from common sources such as well; swimming/bathing in the swimming
pools; participation or watching of Hindu religious festivals; sporting
moustaches; wearing jeans, shirts, gold chain or shoes; pasting stickers of
symbols like Shivaji on their motorcycles; riding a motorcycle; having
love affairs with upper caste girls/women; sitting on a chair at the village
panchayat office; seeking information from their upper caste employers;
refusal to serve/work for upper castes; objecting to casteist remarks/slurs;
or on mere suspicion of theft. On 18 October 2018, a Dalit man identified
as Asaram Meghwal, aged 22 years, was beaten to death by members of
14
. Maoists kill villager in Sukma, Business Standard, 27 May 2018, available at https://
www.business-standard.com/article/pti-stories/maoists-kill-villager-in-sukma-
118052700543_1.html
15
. Militants’ victim, The Telegraph, 23 March 2018, available at https://
www.telegraphindia.com/india/militants-victim/cid/1339483
16
. Reply of Minister of State in the Ministry of Home Affairs Hansraj Gangaram Ahir to
Unstarred Question No. 1060 in the Lok Sabha on 24 July 2018
17
Unstarred Question No. 623 in the Lok Sabha on 06 February 2018
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upper caste for an alleged love affair with an upper caste girl at Satra
village in Churu district in Rajasthan. The police arrested two accused
identified as Shrawan and Dinesh Jangid of Satra village.18
The Courts, the National Human Rights Commission (NHRC) and the
State Human Rights Commissions (SHRCs) have intervened in a number
of cases to provide justice and reparation to the victims, or their family
members. The NHRC alone issued orders for compensation of Rs
8,52,95,000 in cases of torture and custodial deaths. However, these
interventions did not have necessary and desired impact to act as deterrent
to torture.
Impunity and absence of national anti-torture law perpetuates torture

and other cruel, inhuman or degrading treatment or punishment.
Government officials or members of the armed forces continued to enjoy

impunity under Section 197 of the Code of Criminal Procedure (CrPC),
Section 6 of the Armed Forces (Special Powers) Act, 1958 and its
analogous provision, Section 7 of the Armed Forces (Jammu and Kashmir)
Special Powers Act, 1990.19 As a result, the Central Bureau of Investigation
(CBI) despite orders from the Supreme Court has not been able to
prosecute accused members of the armed forces because of the refusal by
the State government of Manipur to provide sanction for registration of
FIRs in cases of fake encounter killings in Manipur. On 18 December
2018, the CBI wrote to the Chief Secretary, Government of Manipur,
stating that despite repeated requests, sanction of prosecution in seven
cases of extrajudicial executions by the security forces in Manipur had not
been received from the State government of Manipur although charge
sheets had been filed in the concerned trial Courts by the CBI.20
The failure to ratify the UNCAT and enact a national law against torture
has been a disgraceful case of non-implementation of the recommendations
of the National Human Rights Commission, assurances given by the
Government of India to the Lok Sabha (lower house of the Indian
Parliament) on 3 May 2000; three assurances given to the UN Human
18
. Dalit man beaten to death in Rajasthan, 2 arrested: police, The Indian Express, 21
October 2018, available at https://indianexpress.com/article/india/dalit-man-beaten-to-death-
in-rajasthan-2-arrested-police-5410889/
19
. The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 is available at https:/
/mha.gov.in/sites/default/files/The%20Armed%20Forces%20%28Jammu%20and%20
Kashmir %29%20 Special%20Powers%20Act%2C%201990_0.pdf
20
. Manipur Govt Yet to Give Permission to CBI to Prosecute ‘Fake Encounter’ Cases, The
Wire, 28 February 2019, available at https://thewire.in/law/manipur-govt-yet-to-give-
permission-to-cbi-to-prosecute-fake-encounter-cases
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Rights Council in 2008, 2012 and 2017; failure to present two Prevention
of Torture Bills respectively drafted by the Parliamentary Select Committee
of the Rajya Sabha in December 2010 and the Law Commission of India
in October 2017 before the Parliament, and false assurance given to the
Supreme Court of India during the hearing of the Writ Petition (Civil)
No. 738/2016 on 27 November 2017 to act on the Bill drafted by the
Law Commission of India. Aggrieved by false assurance given to the
Supreme Court, former Union Law Minister of India Dr Ashwini Kumar
once again moved a Miscellaneous Application to W.P.(C) NO.738/2016
before the Supreme Court seeking a direction to the Centre to frame a
law on custodial torture and inhuman treatment as India was a signatory
to the United Nations’ convention on torture. The Supreme Court has
reserved its judgement.
As India refuses to criminalise torture, the increasing incidents of torture

are no surprise.
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2. TORTURE IN POLICE CUSTODY

Highlights
Number of deaths in police custody during 2009-2010: 124 persons
Number of deaths in police custody during 2018: 147 persons

indicating 19% increase from 2009-2010
Key patterns of deaths in police custody:

- victims often died within 24 hours of the victims being taken
into custody, allegedly after developing sudden medical
complications ranging from uneasiness to brain haemorrhage,
soon after being taken into police custody. During 2018, at
least 27 persons died in such manner.
- police also claimed that the victis committed suicide by
hanging by a piece of cloths, wire, belt, rope, or even
innerwear!
- police also claimed that the victims suffered while trying to
escape and later succumbing to the injuries.
- Being beaten by unknown mob prior to the arrest/detention
is another cause of custodial death claimed by the police
- many victims were tortured to death for the failure to pay
bribe to policemen and many were tortured in front of family
members to extract bribes.
- many of the victims were tortured to death to extract
confessions.
- in some cases, after custodial deaths, the body of the victim
was dumped elsewhere by the police.
- there is little protection from custodial torture ever after being
produced before courts. A number of victims died in custody
as a result of torture after production before the courtsg.
I. PATTERNS AND PRACTICES OF TORTURE

As ACHR has stated above, a large majority of the cases of custodial
deaths took place as a result of torture. Torture remains endemic,
institutionalised and central to the administration of justice and counter-
terrorism measures.
An analysis of the cases of custodial deaths establishes the following

patterns of torture:
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First, most victims die within 24 hours of the victims being taken into
custody. The police in large majority of the cases claimed that the victims
died after developing sudden medical complications ranging from
uneasiness to brain haemorrhage, soon after being taken into police
custody especially during interrogation.
During 2018, at least 27 persons after developing sudden medical

complications after being taken into custody by police as given below:
1. Hasan Ali, aged 37 years, allegedly fell sick suddenly at Dhula Police
Station in Assam’s Darrang district and died at the Guwahati
Medical College and Hospital on the night of 9 January 2018;21
2. Ramakant whose health allegedly deteriorated suddenly in the
custody of Bhitaha Police Station in West Champaran district of
Bihar, and died at Padrauna hospital on 11 January 2018;22
3. Mariamma, aged 54 years, who allegedly complained of chest pain
during interrogation at Kalpakkam Police Station in Kanchipuram
district of Tamil Nadu and died in hospital on 15 January 2018;23
4. Anant Verma, aged 57 years, who allegedly suffered cardiac arrest
on his way to Habibganj Police Station, Bhopal, Madhya Pradesh
and died at hospital on the night of 17 January 2018;24
5. Sadiq Pasha, aged 40 years, who allegedly fell unconscious at the

Tilaknagar police in Bangaluru in Karnataka and died in hospital
on 20 January 2018;25
21
. 1 killed, 8 hurt in Assam highway firing, The Telegraph, 11 January 2018, available at
https://www.telegraphindia.com/states/north-east/1-killed-8-hurt-in-assam-highway-firing/
cid/1439142
22
. Stick on cop for custodial death, The Telegraph, 13 January 2018, available at https://
www.telegraphindia.com/states/bihar/stick-on-cop-for-custodial-death/cid/1383188
23
. Chennai: Woman held for theft dies in police custody, The Deccan Chronicle, 16 January
2018, available at https://www.deccanchronicle.com/nation/current-affairs/160118/chennai-
woman-held-for-theft-dies-in-police-custody.html
24
. Mantralay clerk dies in police custody, The Times of India, 19 January 2018, available at
https://timesofindia.indiatimes.com/city/bhopal/mantralay-clerk-dies-in-police-custody/
25
. Suspected bike thief dies in police custody, The Times of India, 22 January 2018, available
at https://timesofindia.indiatimes.com/city/bengaluru/suspected-bike-thief-dies-in-police-
custody/articleshow/62585783.cms
(16)
6. Sewa Singh, aged 32 years, whose health allegedly deteriorated

during interrogation at Verka Police Station in Amritsar district of
Punjab and died in hospital on 27 January 2018;26
7. Selvam alias Perachi Selvam, aged 27 years, who allegedly developed
chest pain while being taken to Chennai for production before the
Advisory Committee hearing detention under the Goondas Act
on 30 January 2018 and died;27
8. Subash Chander alias Kaka, aged 50 years, who allegedly died of
cardiac arrest at Janipur Police Station in Jammu district of Jammu
and Kashmir, on 7 February 2018;28
9. Devtadeen, aged 40 years, a Dalit who died allegedly after falling

ill in the lock up of Kheri Police Station in Lakhimpur Kheri district
of Uttar Pradesh on 15 February 2018;29
10. Thiruvanchikkulam Yogesh, aged 42 years, a Dalit youth of Kerala,
who died in hospital after allegedly complaining of chest pain in
the custody of Special Investigating Team of Tamil Nadu Police on
21 April 2018;30
11. Premchand, aged 29 years, who died allegedly due to stroke when
the police took him to Yadgirigutta in Telangana to recover the
stolen property on 30 May 2018;31
26
. Protest after man dies in police custody, judicial probe ordered, The Tribune, 28 January
2018, available at https://www.tribuneindia.com/news/amritsar/protest-after-man-dies-in-
police-custody-judicial-probe-ordered/534834.html
27
. Remand prisoner dies in police custody, The Hindu; 30 January 2018, available at https:/
/www.thehindu.com/news/national/tamil-nadu/remand-prisoner-dies-in-police-custody-
virudhunagar/article22597138.ece
28
. Rape accused dies in police custody in Jammu, United News of India (UNI), 7 February
2018, available at http://www.uniindia.com/rape-accused-dies-in-police-custody-in-jammu/
states/news/1130393.html
29
. SI, head constable suspended in Dalit man’s custodial death, The Times of India, 21
February 2018
30
. Dalit man dies in Tamil Nadu police custody, The Times of India, 23 April 2018, available
at https://timesofindia.indiatimes.com/city/kochi/dalit-man-dies-in-tamil-nadu-police-
custody/articleshowprint/63879157.cms
31
. Suspected thief died in police custody at Hyderabad, The Times of India, 30 May 2018,
available at https://timesofindia.indiatimes.com/city/hyderabad/suspected-thief-died-in-
police-custody-at-hyderabad/articleshow/64390430.cms
(17)
12. Kumaraselvam, aged 50 years, who allegedly suffered chest pain at

Madhukkur Police Station under Thanjavur district of Tamil Nadu
and died in hospital on 19 July 2018;32
13. Vidyadhar Kini, aged 46 years, who was declared brought death
at hospital after he allegedly suffered a seizure at Arnala coastal
Police Station in Palghar district of Maharashtra on 21 July 2018;33
14. Pappu Bheel, aged 30 years, a tribal who was reportedly taken to
hospital in critical condition and died while in the custody of Sadar
Police Station in Bundi district of Rajasthan on 27 August 2018;34
15. Shaik Babar Basha, aged 28 years, who died in hospital after allegedly
complaining of chest pain while in police custody at Ulavapadu
Police Station in Prakasam district of Andhra Pradesh on 6 October
2018;35
16. A. Karthik, aged 36 years, who died in a hospital after allegedly
complaining of chest pain while in custody of MKB Nagar Police
Station in Chennai, Tamil Nadu on 14 October 2018;36
17. Surubha Jhala, aged 35 years, who was declared death on arrival at
a hospital after he allegedly complained of feeling uneasiness during
interrogation at Bopal Police Station under Ahmedabad Rural
district of Gujarat on 15 October 2018;37
18. Ajit Pujari, aged 20 years, who was declared death on arrival at the
hospital after he allegedly suddently began vomiting during
32
. Man dies in police custody, The Hindu, 21 July 2018, available at https://
www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/50-year-old-man-dies-in-police-
custody/article24478845.ece
33
. Hours after arrest, 46-yr-old dies in custody, The Times of India, 23 July 2018
34
. Rajasthan me yihan police hirasat me adivasi yuvak ki sandigdh maut, sharir se bahar nikli
thi aatein, Patrika.com, 28 August 2018, available at https://www.patrika.com/bundi-news/
death-of-theft-accused-in-police-custody-in-bundi-3323053/
35
. Man dies in police custody, The Hindu, 8 October 2018, available at https://
www.thehindu.com/news/national/andhra-pradesh/man-dies-in-police-custody/
article25151371.ece
36
. 36-year-old Chennai man dies in police custody, relatives allege foul play, The New Indian
Express, 15 October 2018, available at http://www.newindianexpress.com/cities/chennai/
2018/oct/15/36-year-old-chennai-man-dies-in-police-custody-relatives-allege-foul-play-
1885612.html
37
. Man dies in police custody, The Times of India, 16 October 2018, available at https://
timesofindia.indiatimes.com/city/ahmedabad/man-dies-in-police-custody/articleshowprint/
66228951.cms
(18)
questioning at the Swargate Police Station in Pune, Maharashtra

on 18 October 2018;38
19. Swaminathan, aged 39 years, who allegedly complained of
discomfort soon after arrest and died in hospital in Kozhikode,
Kerala on 3 November 2018;39
20. Pradeep Kalyan Kute, aged 28 years, who was declared brought
dead in hospital after he was allegedly found unconscious at the
police outpost under Madha Police Station in Solarpur district of
Maharashtra on 4 November 2018;40
21. Krishnamurthy Naidu, aged 53 years, who was brought dead in
the hospital after he allegedly complained of chest pain at
Ramamurthynagar Police Station in Bengaluru, Karnataka on 2
December 2018;41
22. Bittu Shah, a Dalit, who died after allegedly falling ill at the Gate
Hakima Police Station in Amritsar city, Punjab on 2 December
2018;42
23. Shamsuddin Shaikh who died after allegedly having convulsions
at Vatva Police Station in Ahmedabad, Gujarat on 4 December
2018;43
24. Rajesh, aged 29 years, who allegedly suffered brain haemorrhage

in the custody of Crime Investigation Agency (CIA) and died at
38
. Youth suffers heart attack in Police Station, dies later, The Times of India, 20 October
2018, available at https://timesofindia.indiatimes.com/city/pune/youth-suffers-heart-attack-
in-police-station-dies-later/articleshowprint/66289857.cms
39
. Tamil Nadu native dies in police detention; Kin allege custodial torture, The New Indian
Express, 4 November 2018, available at http://www.newindianexpress.com/states/kerala/
2018/nov/04/tamil-nadu-native-dies-in-police-detention-kin-allege-custodial-torture-
1894019.html
40
. 2 cops booked in custodial death case, CID to probe, Times of India, 6 November 2018,
available at https://timesofindia.indiatimes.com/city/pune/2-cops-booked-in-custodial-death-
case-cid-to-probe/articleshowprint/66518215.cms
41
. 53-year-old murder suspect dies in Police Custody, The Deccan Herald, 4 December
2018, available at https://www.deccanherald.com/city/53-year-old-murder-suspect-
706319.html
42
. Cong worker dies in custody- Kin pelt policemen with stones, two injured, The Tribune,
3 December 2018, available at https://www.tribuneindia.com/news/punjab/cong-worker-
dies-in-custody/692588.html
43
. Gambling den operator dies in police custody, The Times of India, 6 December 2018,
available at https://timesofindia.indiatimes.com/city/ahmedabad/gambling-den-operator-
dies-in-police-custody/articleshowprint/66960985.cms
(19)
the Post Graduate Institute of Medical Sciences, Rohtak, Haryana,

on 14 December 2018;44
25. M Jayakumar, aged 21 years, who was declared brought death in
hospital after he allegedly suffered seizure at Esplanade Police
Station in Chennai, Tamil Nadu on 21 December 2018;45
26. Rahul Singla who died at the Civil Hospital at Yamunanagar in
Haryana after allegedly falling sick during interrogation at the
Women Police Station in Yamunanagar on 25 December 2018;46
and
27. Bal Kishan, aged 30 years, a Dalit who was declared death on arrival
in hospital after allegedly falling ill at the Dhanaura Police Station
in Amroha district of Uttar Pradesh on 26 December 2018.47
During 2018, those who died in police custody due to medical
complications are in the age group of 21 years to 57 years. Often, those
arrested were healthy and with no past record of medical complication.
The victims were allegedly tortured to death and medical complications
became alibi.
Second, suicides in police custody were often claimed by the police as

the reason for custodial death. During 2018, the police claimed that
suicide was committed mostly by hanging by piece of cloths, wire, belt,
rope, etc. Police even made bizarre claims like the deceased committing
suicide by hanging with his innerwear!48 A few also allegedly consumed
poison while at least one person banged his head against wall till he died!
In most cases, the family members of the deceased rejected the claims of
suicide and alleged torture to be the cause of death. In some cases, marks
44
. Kin protest youth’s death in police custody, The Tribune, 16 December 2018, available at
https://www.tribuneindia.com/news/haryana/kin-protest-youth-s-death-in-police-custody/
698916.html
45
. Chennai man dies in Police Station, kin allege custodial death, The New Indian Express,
22 December 2018, available at http://www.newindianexpress.com/cities/chennai/2018/dec/
22/chennai-man-dies-in-police-station-kin-allege-custodial-death-1915092.html
46
. Molestation suspect dies; wife cries foul, The Tribune, 26 December 2018, available at
https://www.tribuneindia.com/news/haryana/molestation-suspect-dies-wife-cries-foul/
703983.html
47
. Dalit man dies in custody in UP’s Amroha, The Telegraph, 27 December 2018, available
at https://www.telegraphindia.com/india/dalit-man-dies-in-custody-in-up-s-amroha/cid/
1680080
48
(20)
of torture was seen or established in post mortem reports. Most victims

purportedly committed suicide within 24 hours of their detention, that
is, before the production before the magistrate.
During 2018, at least 19 persons committed suicide in Police Stations,

mostly as a result of alleged torture. The victims included (1) Deepak
alias Pope who allegedly hanged by a gamcha (a piece of towel) in the
Karawal Nagar Police Station in Delhi on 16 January 2018;49 (2) Abinash
Munda, a tribal, who allegedly hanged himself using a bedsheet at the
Ainthapalli Police Station in Sambalpur district of Odisha on 8 February
2018;50 (3) Dalbir Singh who allegedly jumped from the second floor of
the Naraina Police Station in Delhi on 21 February 2018;51 (4) Babban
Sah who allegedly attempted suicide at Kaler Police Station in Arwal
district of Bihar on 21 March 2018 and died of injuries;52 (5) Parupalli
Ramunaidu who allegedly hanged in the bathroom of Atchutapuram
Police Station in Visakhapatnam district of Andhra Pradesh on 25 April
2018;53 (6) Sitrarasu who allegedly hanged himself using his innerwear
in a washroom of at the Chunambedu Police Station in Kancheepuram
district of Tamil Nadu on 2 May 2018;54 (7) Soni, a Dalit woman, who
allegedly hanged herself from ceiling fan at night in the police custody at
Najibabad Police Station in Bijnor district of Uttar Pradesh on 28 May
2018;55 (8) Sunil Kachhap who allegedly committed suicide by banging
his head against the wall of the lock-up at Jagannathpur Police Station in
Ranchi in Jharkhand on 17 June 2018;56 (9) Murthy alias Thammaiah
49
. Four policemen suspended over custodial death of 19-yeawr-old, The Pioneer, 17 January
2018
50
. Tribal youth commits suicide in police custody in Odisha, The Hindustan Times, 9
February 2018, available at https://www.hindustantimes.com/india-news/tribal-youth-
commits-suicide-in-police-custody-in-odisha/story-pmN85nvOCNdFw9drF73wQN.html
51
. Mystery surrounds Naraina custodial death, The Hindustan Times, 22 February 2018,
available at https://www.hindustantimes.com/delhi-news/mystery-surrounds-naraina-
custodial-death/story-BgIHb73rZUWkCzavMD001O.html
52
. Mob fury after death in custody, The Telegraph, 22 March 2018, available at: https://
www.telegraphindia.com/states/bihar/mob-fury-after-death-in-custody/cid/1438623
53
. Custodial death in Atchutapuram Police Station, The Times of India, 25 April 2018,
available at https://timesofindia.indiatimes.com/city/visakhapatnam/custodial-death-in-
atchutapuram-police-station/articleshowprint/63912365.cms
54
55
. On the run, Dehradun interfaith couple detained by Bijnor police; woman commits
suicide in custody, The Times of India, 29 May 2018, available at https://
timesofindia.indiatimes.com/city/meerut/on-the-run-dehradun-interfaith-couple-detained-by-
bijnor-police-woman-commits-suicide-in-custody/articleshowprint/64374993.cms
56
. ‘Suicide’ in police custody, The Telegraph, 18 June 2018
(21)
who allegedly hanged himself inside a bathroom of the Mandya West

Police Station in Mandya in Karnataka on 13 July 2018;57 (10) Anish
who allegedly hanged himself in the toilet in the Medical College Hospital
in Thiruvananthapuram, Kerala while under custody of the Excise officials
on 25 July 2018;58 (11) Sohaib Khan who allegedly hanged himself in
the bathroom at the Bagh Police Station under Dhar district of Madhya
Pradesh on 11 August 2018;59 (12) Lubaram Uttamaram, a Dalit, who
allegedly hanged himself with a rope at Dhanera Police Station under
Banaskantha district of Gujarat on 19 August 2018 within 15 minutes of
his detention on 19 August 2018;60 (13) Prahlad Singh who allegedly
hanged himself by a piece of cloth obtained by tearing a blanket in the
lock-up of Kumher Police Station in Bharatpur district of Rajasthan on
24 August 2018;61 (14) Dichkya alias Sonya Daulat Jadhav who allegedly
hanged himself with a bedsheet inside the toilet of Sinnar Police Station
under Nashik district in Maharashtra on 25 August 2018;62 (15) Anuraj
Rajput who allegedly consumed poison at Kareli Police Station under
Narsinghpur district of Madhya Pradesh on 12 September 2018;63 (16)
Rolongse alias Akum who allegedly hanged himself with a belt at Mon
Police Station in Mon district of Nagaland on 4 October 2018;64 (17)
Balraj Singh alias Raja, a Dalit, who allegedly committed suicide by
hanging himself at the Police Station lock-up of Gidderbaha Police Station
57
. Lock-Up Death In Mandya: 4 Cops Suspended; CID Probe Ordered, The Star of Mysore,
16 July 2018
58
. Relatives of youth found hanging in Medical College Hospital allege custodial torture,
The New Indian Express, 29 July 2018, available at http://www.newindianexpress.com/
states/kerala/2018/jul/29/relatives-of-youth-found-hanging-in-medical-college-hospital-
allege-custodial-torture-1850036.html
59
. Man Commits Suicide In Police Station, Relatives Allege Custodial Torture, NDTV, 12
August 2018, available at https://www.ndtv.com/cities/man-arrested-commits-suicide-in-
police-station-relatives-allege-torture-1899347
60
. Gujarat: Dalit man dies in police custody, activists claim he was beaten to death, Scroll.in,
20 August 2018, available at https://scroll.in/latest/891202/gujarat-dalit-man-dies-in-police-
custody-activists-claim-he-was-beaten-to-death
61
. Judicial probe ordered into ex-serviceman’s death in Rajasthan prison, DNA, 29 August
2018, available at https://www.dnaindia.com/india/report-judicial-probe-ordered-into-ex-
serviceman-s-death-in-rajasthan-prison-2656162
62
. Two cops suspended over youth’s suicide, The Times of India, 26 August 2018, available
at https://timesofindia.indiatimes.com/city/nashik/two-cops-suspended-over-youths-suicide/
63
. Man dies in police custody at Kareli in MP, 5 cops suspended, Business Standard, 12
September 2018, available at: https://www.business-standard.com/article/pti-stories/man-
dies-in-police-custody-at-kareli-in-mp-5-cops-suspended-118091201296_1.html
64
. Two cops suspended over custodial death in Mon, Eastern Mirror, 6 October 2018,
available at:http://www.easternmirrornagaland.com/two-cops-suspended-over-custodial-
death-in-mon/
(22)
under Muktsar district of Punjab on 31 October 2018;65 (18) Rajesh

Kumar, a Dalit, who allegedly hanged himself using a wire at the city
Police Station in Jhajjar in Haryana on 27 November 2018;66 and (19)
Jai Lakra, a tribal who allegedly hanged himself inside the bathroom of
Rajgangpur Police Station in Sundargarh district of Odisha on 5 December
2018.67
Third, police also claimed the victims died after suffering injuries while
trying to escape and later succumbed to the injuries. Those who were
killed in custody under such circumstances were M Sahul Hameed, aged
21 years, who died on 28 January 2018 after their motorcycle skidded
and suffered head injuries while trying to allegedly escape from police in
Coimbatore Rural district of Tamil Nadu on 22 January 2018;68 Bobby,
aged 35 years, who died on 25 February 2018 after allegedly jumping off
the police van and ran over by a speeding truck in Jahangirpur area of
Greater Noida, Uttar Pradesh;69 N Murugesan, aged 28 yaers, who died
at Tirunelveli Medical College and Hospital in Chennai 30 March 2018
after his motorcycle allegedly met an accident when he allegedly tried to
flee from police custody;70 and Javed Malik, aged 38 years, who allegedly
died after falling into a gorge while trying to escape from police custody
in Kishtwar district in Jammu and Kashmir on 20 July 2018.71
Fourth, police often claimed victims dying in their custody after being
beaten by unknown mob prior to their arrest/detention. Those who died
in custody under such circumstances were Shankar Maniyar, aged 45
65
. Day after youth’s suicide in lock-up, kin block highway, Tribune, 2 November 2018,
available at: https://www.tribuneindia.com/news/punjab/day-after-youth-s-suicide-in-lock-
up-kin-block-highway/677545.html
66
. In custodial death of Dalit youth, Kejriwal demands CBI probe, The Hindustan Times, 4
December 2018, available at https://www.hindustantimes.com/india-news/in-custodial-death-
of-dalit-youth-kejriwal-demands-cbi-probe/story-P5RQJAWECDGqEzUJ2EvgeL.html
67
. Youth’s ‘custodial death’ in Police Station in Sundargarh; probe underway, The Pragativadi,
6 December 2018, available at http://pragativadi.com/custodial-death-youth-found-hanging-
in-police-station-in-sundargarh/
68
. Custodial death case registered after youth dies in CMCH, The Times of India, 29 January
2018, available at https://timesofindia.indiatimes.com/city/coimbatore/custodial-death-case-
registered-after-youth-dies-in-cmch/articleshow/62686939.cms
69
. Man jumps off police vehicle, dies after getting hit by speeding truck, The Times of India,
25 February 2018, available at https://timesofindia.indiatimes.com/city/noida/man-jumped-
off-police-vehicle-died-after-hit-by-speeding-truck/articleshow/63071345.cms
70
. Man fleeing cops ‘injured in accident’, dies, The Times of India, 31 March 2018, available
at https://timesofindia.indiatimes.com/city/madurai/man-fleeing-cops-injured-in-accident-
dies/articleshow/63551223.cms
71
. Custody death protest, The Telegraph, 25 July 2018, available at https://
www.telegraphindia.com/india/custody-death-protest/cid/1352176
(23)
years, who died in police custody at Vadgam in Banaskantha district of

Gujarat on 14 January 2018 after allegedly being beaten up by a mob the
previous day;72 and Raja, aged 24 years, who was allegedly injured in
beating by the public prior to his detention at the Satyavedu Police Station
in Andhra Pradesh and succumbed to injuries at the Government Hospital,
Satyavedu on 9 June 2018.73
Fifth, many were tortured to death for the failure to pay bribe to
policemen. Those who were killed in custody for being unable to pay
bribes were Sandeep, a Dalit aged 25 years, who died on 16 August
2018 due to alleged torture at Rampura Police Outpost in Rudrapur
under Udham Singh Nagar district of Uttarakhand allegedly for not
paying Rs 50,000 demanded by the police;74 and Umesh Solanki, aged
33 years, who was tortured to death for allegedly not paying Rs 70,000
to the policemen at Kagdapith Police Station in Ahmedabad, Gujarat on
5 December 2018;75
In order to extract bribes, victims were often tortured in front of their
relatives, such as Manoj Soni who died on 15 March 2018 after he was
allegedly tortured in front of his wife Neelu Soni at the Rahatgarh Police
Station in Sagar district of Madhya Pradesh;76 Sukhraj Singh, aged 56
years, who died on 25 July 2018 after he was allegedly tortured in front
of his family members at the time of arrest from his home at Indira Colony
in Chandigarh;77 Maskur Nabi, aged 60 years, who died due to alleged
torture in front of his family members by the police personnel from Bisauli
Police Station on 8 August 2018 at Sangrampur village under Badaun
district of Uttar Pradesh;78 Arun, aged 29 years, who was allegedly beaten
72
. Theft accused dies in police custody, mob booked for murder, The Statesman, 15 January
2018, available at https://www.thestatesman.com/cities/theft-accused-dies-police-custody-
mob-booked-murder-1502564986.html
73
. A.P. police deny custodial death, Hindu, 9 June 2018, available at https://
www.thehindu.com/news/cities/chennai/ap-police-deny-custodial-death/article24117666.ece
74
. Undertrial dies in Haldwani jail, family alleges ‘torture’ by cops, The Times of India, 18
August 2018
75
. Dalit man in hospital after ‘cops thrash him all night’, The Ahmadabad Mirror, 8 November
2018, available at https://ahmedabadmirror.indiatimes.com/ahmedabad/others/dalit-man-
in-hospital-after-cops-thrash-him-all-night/articleshowprint/66993761.cms?prtpage=1
76
. Magisterial inquiry ordered into Sagar ‘custody’ death, The Times of India, 16 March
2018, available at https://timesofindia.indiatimes.com/city/bhopal/magisterial-inquiry-
ordered-into-sagar-custody-death/articleshow/63336060.cms
77
. Chandigarh: Family alleges police torture, SSP orders probe into death of power board
staffer, The Indian Express, 27 July 2018, available at https://indianexpress.com/article/
cities/chandigarh/chandigarh-family-alleges-police-torture-ssp-orders-probe-into-death-of-
power-board-staffer-5278631/
78
. Three cops booked for culpable homicide, The Times of India, 10 August 2018
(24)
by the police in front of his wife Rinku on 12 August 2018 at New Anaj
Mandi, Salarpur road under Kurukshetra district of Haryana;79 and
Vaidhnath Choudhary, aged 40 years, who died of torture allegedly in
front of his son Rakesh at the Karni Vihar Police Station in Jaipur,
Rajasthan on 22 October 2018.80
For illegal gratification, many victims were falsely implicated and tortured
to death. The victims included Narendra Kumar, aged 34 years, who
died at Mawana Police Station in Meerut district of Uttar Pradesh on 24
April 2018;81 Jogendra Das, aged 40 years, who died in the custody of
Astaranga Police Station in Puri district of Odisha on 28 November
201882
Sixth, cases of torture to death to extract confessions were widely reported.
Those killed police custody to extract confessions during 2018 were
Qamar Qureshi, aged 22 years, who died allegedly due to torture to
extract confessions at Aashiana police in Lucknow, Uttar Pradesh on 28
April 2018;83 M Manikandan, aged 25 years, who was allegedly tortured
to death in the custody of Mudukulathur Police Station in Tamil Nadu
to extract confessions on 2 August 2018;84 Raju Gupta, aged 30 years,
died allegedly due to torture to extract confession in custody of Sikandra
Police Station in Agra district, Uttar Pradesh on 22 November 2018;85
Seventh, in many instances, after the death of the person in police custody,
the body of the victim was dumped elsewhere. Those who were killed in
such manner in 2018 included Harnek Singh, aged 70 years, who was
79
. NHRC Case No.1984/7/11/2018
80
. Man ‘beaten up’ by cops inside Karni Vihar Police Station, dies, Times of India, 24
October 2018, available at https://timesofindia.indiatimes.com/city/jaipur/man-beaten-up-
by-cops-inside-karni-vihar-police-station-dies/articleshow/66341129.cms
81
. Uttar Pradesh: Man held for cow slaughter dies in custody; Gujjars threaten protests, The
Indian Express, 30 April 2018, available at https://indianexpress.com/article/cities/lucknow/
uttar-pradesh-man-held-for-cow-slaughter-dies-in-custody-gujjars-threaten-protests-
5156669/
82
. Man dies after ‘police torture’, The Orissa Post, 29 November 2018, available at http://
www.orissapost.com/man-dies-after-police-torture/
83
. Murder suspect dies after police torture, cops booked, The Times of India, 5 May 2018,
available at https://timesofindia.indiatimes.com/city/lucknow/murder-suspect-dies-after-
police-torture-cops-booked/articleshow/64036822.cms
84
. Family stages protest alleging custodial death, New Indian Express, 4 August 2018,
available at http://www.newindianexpress.com/states/tamil-nadu/2018/aug/04/family-stages-
protest-alleging-custodial-death-1852982.html
85
. Chori ki shak me Sikandra thane laye gaye yuvak ne dum tor diya, Amar Ujala, 22
November 2018, available at http://epaper.amarujala.com/agra-city/20181123/
03.html?format=img&ed_code=agra-city
(25)
allegedly tortured to death but his dead body dumped near Kakrala village
after alleged torture at Ghagga Police Station Patiala district of Punjab on
3 January 2018;86 Suresh, a Dalit aged 40 years, who was arrested by the
Special Force of the Tamil Nadu Police but his body was found near the
Kil Ambi lake in Kancheepuram, Tamil Nadu on 14 February 2018;87
Shivprasad Patel, aged 45 years, who was allegedly killed in police custody
in Panagar area of Jabalpur district in Madhya Pradesh for not paying
bribe and his body was dumped near Devri railway crossing on 22 February
2018;88 Sukal Sai Paharia who was summoned to the Boden Police Station
on 19 April 2018, as an alleged Maoist cadre and later his alleged skeletal
was recovered from a place 15 kilometres away from the Boden Police
Station on 9 June 2018;89 Moulishwaran, aged 22 years, whose body
was recovered from the railway track near Ponneri in Chennai, Tamil
Nadu on 25 August 2018 after he was allegedly picked up by the Railway
Protection Force;90 Abinas Paital, aged 23 years, who was found hanging
in a house located near the Mahakalpada Police Station in Kendrapada
district of Odisha on 26 August 2018, a day after being allegedly picked
up by the police in a case of mobile phone theft;91 and Govind, a Dalit
shopkeeper aged 30 years, who was found lying unconscious outside his
shop after he was allegedly detained at Rampur Kalan Police Station in
Sitapur district of Uttar Pradesh on 11 September 2018.92
Finally, it is often construed that once a detainee is produced before the
magistrate, the victim shall not be tortured as the courts are monitoring
the cases. The law provides that the victims must be produced before the
judicial magistrate with 24 hours of detention.
86
. 3 cops suspended in 70-year-old’s custodial death case, The Times of India, 5 January
2018, available at https://timesofindia.indiatimes.com/city/chandigarh/3-cops-suspended-
in-70-yr-olds-custodial-death-case/articleshow/62372941.cms
87
. Dalit lorry driver killed by Tamil Nadu Special Forces in custody, alleges family,
TwoCircles.net, 16 February 2018, available at http://twocircles.net/2018feb16/420900.html
88
. Mob rampage over driver’s ‘custody death’, The Times of India, 23 February 2018, available
at https://timesofindia.indiatimes.com/city/bhopal/mob-rampage-over-drivers-custody-death/
89
. Custody death cry in Nuapada, The Telegraph, 12 June 2018, available at https://
www.telegraphindia.com/states/odisha/custody-death-cry-in-nuapada/cid/1416581
90
. Youth taken to RPF post for inquiry found dead in Ponneri, The Hindu, 27 August 2018,
available at https://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/youth-taken-
for-inquiry-found-dead-on-track/article24788160.ece
91
. Lockup death: Widow threatens immolation, The New Indian Express, 5 September
2018, available at http://www.newindianexpress.com/states/odisha/2018/sep/05/lockup-
death-widow-threatens-immolation-1867769.html
92
. Uttar Pradesh: Cops booked for custodial death of farmer, National Herald, 15 September
2018, available at https://www.nationalheraldindia.com/india/up-cops-booked-for-custodial-
death
(26)
However, a number of victims died in custody as a result of torture after

production before the judge. On 7 August 2018, the dead body of
Chandan Bharali, aged 23 years, who was arrested in Guwahati in Assam
in a case of blackmailing and remanded to police custody for three days
by the Chief Judicial Magistrate, Kamrup, Guwahati was allegedly found
hanging from a tree, about 150 metres away from the Panikhaiti police
outpost in Guwahati the next morning.93 Other custodial deaths after
production before the magistrate included Phurailatpam Rocket Sharma
alias Inaocha alias Biswanath Sharma, aged 60 years, former vice president
of Barak Valley Drivers’ Union, who allegedly died in police custody in
Silchar, Assam, before his release on bail on 14 January 2018;94 and
Mohammad Islam Qureshi, aged 30 years, who was allegedly tortured to
death in police custody at Rampur District Collector’s office in Rampur
District of Uttar Pradesh on 13 August 2018, a day after he had surrendered
before the Additional Chief Judicial Magistrate, Rampur District.95
A. Custodial deaths
i. Emblematic cases of custodial deaths through torture
ACHR documented a number of cases of death in police custody as a
result of torture during 2018. In some cases, torture also allegedly led to
suicide by the victims outside the police custody.
On 3 January 2018, Harnek Singh, aged 70 years, a resident of Belumajra

village in Patiala district of Punjab, died due to alleged torture in the
custody of Ghagga Police Station in Patiala district, a day after being
picked up the previous day for inquiry in a case related to drugs. The
deceased’s family alleged that he was tortured to death in police custody
and demanded action against the erring policemen.96 A case was registered
against head constables Jaswinder Singh, Bhola Singh and Gurmail Singh
of Ghagga Police Station and two unidentified persons under Section
302 (murder) of the Indian Penal Code (IPC).97 According to the First
Information Report (FIR), Harnek Singh was tortured while being taken
93
. Heads roll in ‘custody death’, The Telegraph, 10 August 2018, available at https://
www.telegraphindia.com/states/north-east/heads-roll-in-custody-death-251238
94
. Driver dies, family suspects foul play, The Sangai Express, 23 January 2018, available at
http://e-pao.net/GP.asp?src=14..230118.jan18
95
. Man dies in police custody, family demands probe, The Times of India, 13 August 2018
96
. Held in drug case, man dies in police custody, The Tribune, 3 January 2018, available at
https://www.tribuneindia.com/news/punjab/held-in-drug-case-man-dies-in-police-custody/
522847.html
97
. Ibid
(27)
into a jeep by three policemen and two unidentified men and dumped
the body near Kakrala village in Patiala district.98
On the night of 9 January 2018, Hasan Ali, aged 37 years, a resident of
Dhula in Darrang district of Assam, died in the police custody after he
was arrested from his home on charges of possessing illegal arms. The
police claimed that he fell sick and died at Guwahati Medical College and
Hospital. However, the family of the deceased alleged that Ali died in
police custody due to torture at Dhula Police Station. The custodial
death triggered a protest on 10 January 2018 in which the police opened
fire killing one person named Islam, aged 25 years, and injuring eight
others. The district administration ordered a magisterial inquiry and
suspended Dhula Police Station officer-in-charge Ranjit Hazarika.99
On 11 January 2018, Ramakant, a resident of Rupauli Chowk under
Bhitaha Police Station in West Champaran district of Bihar, died due to
alleged torture in Bhitaha Police Station. The deceased was picked up for
interrogation in connection with a fight involving some groups. The
family members of the deceased alleged that police tortured him in the
lock-up as a result of which his condition deteriorated at night and he
was taken to Padrauna hospital where he died. The Station House Officer
(SHO) of Bhitaha Police Station was suspended the next day.100
On 14 January 2018, Phurailatpam Rocket Sharma alias Inaocha alias
Biswanath Sharma, aged 60 years, former vice president of Barak Valley
Drivers’ Union, died due to alleged torture in police custody at the Silchar
Medical College in Assam. He was arrested on 17 November 2017 in
connection with an FIR registered at Silchar Police Station under Sections
419/420/406 IPC was sent to judicial custody by the Chief Judicial
Magistrate, Silchar the next day. The Court also ordered that he be released
on furnishing necessary bail bond on 17 January 2018 and was therefore
waiting for his release. But Ph Rocket’s wife Phurailatpam (O) Kodombini
received a phone call on 14 January 2018 that Rocket suffered a heart
attack and he had been taken to Silchar Medical College for treatment.
The deceased’s family members alleged that they found tell-tale sign of
98
. 3 cops suspended in 70-year-old’s custodial death case, The Times of India, 5 January
2018, available at https://timesofindia.indiatimes.com/city/chandigarh/3-cops-suspended-
in-70-yr-olds-custodial-death-case/articleshow/62372941.cms
99
. 1 killed, 8 hurt in Assam highway firing, The Telegraph, 11 January 2018, available at
https://www.telegraphindia.com/states/north-east/1-killed-8-hurt-in-assam-highway-firing/
cid/1439142
100
. Stick on cop for custodial death, The Telegraph, 13 January 2018, available at https://
www.telegraphindia.com/states/bihar/stick-on-cop-for-custodial-death/cid/1383188
(28)
torture on the deceased’s body such as bruises and stitches at the back of
his head and his shoulders, blood near his mouth, and sunken stomach.101
On the night of 17 January 2018, Anant Verma, aged 57 years, a resident
of Shivaji Nagar in Bhopal, Madhya Pradesh, died due to alleged torture
in police custody. The police claimed that the deceased suffered cardiac
arrest on his way to Habibganj Police Station and was taken to JP hospital
where he died. The deceased’s family, however, alleged that the policemen
slapped him several times and dragged him down the stairs, despite their
pleas that Verma was a heart patient.102
On 20 January 2018, Sadiq Pasha, aged 40 years, a resident of Mico
Layout, Bangaluru in Karnataka, died in the custody of Tilaknagar Police
Station in Bangaluru under suspicious circumstances. The deceased was
picked up along with his relative Amin Pasha on the night of 19 January
2018 for questioning relating to theft of a two-wheeler. Police claimed
that he fell unconscious in Tilaknagar Police Station at midnight and was
taken to a hospital where he died. A departmental inquiry was ordered
to investigate the circumstances of his death in police custody.103
On 27 January 2018, Sewa Singh, aged 32 years, a resident of Guru
Nanak Nagar in Amritsar district of Punjab, died in police custody due
to alleged torture in Verka Police Station in Amritsar district. Police
claimed that the condition of the deceased deteriorated during
interrogation and he was taken to a hospital where he died during
treatment. But the family of the deceased alleged that he was tortured to
death. Harbhajan Singh, father of the deceased, said the police took away
his son at around 5.30 am on 27 January 2018 and the police informed
the family about his death at around 9 am. He further stated that his son
was in good health and that the police tortured his son to death.104
On 28 January 2018, M Sahul Hameed, aged 21 years, a resident of SM
Nagar under Coimbatore Rural district of Tamil Nadu, died due to alleged
torture in police custody. The police claimed that on 22 January 2018,
101
. Driver dies, family suspects foul play, The Sangai Express, 23 January 2018, available at
http://e-pao.net/GP.asp?src=14..230118.jan18
102
. Mantralay clerk dies in police custody, The Times of India, 19 January 2018, available at
https://timesofindia.indiatimes.com/city/bhopal/mantralay-clerk-dies-in-police-custody/
103
. Suspected bike thief dies in police custody, The Times of India, 22 January 2018, available
at https://timesofindia.indiatimes.com/city/bengaluru/suspected-bike-thief-dies-in-police-
custody/articleshow/62585783.cms
104
. Protest after man dies in police custody, judicial probe ordered, The Tribune, 28 January
2018, available at https://www.tribuneindia.com/news/amritsar/protest-after-man-dies-in-
police-custody-judicial-probe-ordered/534834.html
(29)
M Sahul Hameed and M Syed Ibrahim had snatched the handbag from a
woman but while trying to escape their motorcycle skidded and they
suffered head injuries. But the relatives of the deceased alleged custodial
torture as cause of the death. Based on their demand a case was registered
under Section 176 (i) of the CrPC.105
On 30 January 2018, Selvam alias Perachi Selvam, aged 27 years, from
Tirunelveli in Tamil Nadu died in police custody while allegedly being
escorted to Chennai to be produced before the Advisory Committee
hearing Goondas Act detention. The deceased was accused in the murder
of his friend Daniel alias Diwakar and lodged in Palayamkottai Central
Prison in November 2017. The police claimed that the deceased developed
chest pain when the police vehicle was going near RR Nagar. He was
rushed to a private hospital, where the doctors advised the police to
admit him to a government hospital. He was immediately admitted to
Virudhunagar Government Hospital, where an electrocardiogram was
done. After being in observation for nearly an hour, he was referred to
Government Rajaji Hospital in Madurai. However, when the ambulance
was about to leave the hospital, Selvam allegedly suffered fits and was
once again taken to the emergency ward, where he died.106
On 7 February 2018, Subash Chander alias Kaka, aged 50 years, a resident
of Janipur in Jammu district of Jammu & Kashmir, died due to alleged
torture at Janipur Police Station in Jammu district. The deceased was
arrested by the police on 2 February in connection with a rape case lodged
by the family of a minor girl and was on 10-day police remand. The
police claimed that he died of cardiac arrest.107 But the family of the
deceased alleged that he was beaten to death inside the lock-up.108
On 22 February 2018, Shivprasad Patel, aged 45 years, an auto rickshaw

driver, died due to alleged custodial torture in Panagar area of Jabalpur
district in Madhya Pradesh. The deceased’s family members alleged that
105
. Custodial death case registered after youth dies in CMCH, The Times of India, 29
January 2018, available at https://timesofindia.indiatimes.com/city/coimbatore/custodial-
death-case-registered-after-youth-dies-in-cmch/articleshow/62686939.cms
106
. Remand prisoner dies in police custody, The Hindu; 30 January 2018, available at https:/
/www.thehindu.com/news/national/tamil-nadu/remand-prisoner-dies-in-police-custody-
virudhunagar/article22597138.ece
107
. Rape accused dies in police custody in Jammu, United News of India (UNI), 7 February
2018, available at http://www.uniindia.com/rape-accused-dies-in-police-custody-in-jammu/
states/news/1130393.html
108
. ‘Rape accused’ dies in police custody, magisterial enquiry ordered, State Times News, 8
February 2018, available at http://news.statetimes.in/rape-accused-dies-in-police-custody-
magisterial-enquiry-ordered/
(30)
Patel was picked up by two constables after he refused to pay a weekly

bribe of Rs 200. The Times of India reported that some local residents
claimed to have seen two constables dumping Patel’s body near Devri
railway crossing. Further, the incharge of Panagar Police Station allegedly
hit Patel’s son with a stick when he was grieving near to the dead body.
The alleged custodial death and police brutality led to violent protests
by the people and the police had to resort to tear gas and lathi (baton)
charge to control the situation.109
On 25 February 2018, Bobby, aged 35 years, a resident of Jahangirpur in
Gautam Buddha Nagar district of Uttar Pradesh, died under mysterious
circumstances in police custody. The police claimed that he jumped off
the police van and was run over by a speeding truck in Jahangirpur area
of Greater Noida. The deceased was one of the two suspects who were
arrested for selling illegal liquor and being taken from Jahangirpur chowki
to Jewar Police Station when the incident occurred. The family members
of the deceased alleged that the police had arrested Bobby and Kallu with
some liquor and demanded Rs 50,000 for their release and suspected
that Bobby was pushed off the police van.110
On 15 March 2018, Manoj Soni, a shopkeeper, who went to the police
to report a case of theft of his belongings, was allegedly tortured to death
at the Rahatgarh Police Station in Sagar district of Madhya Pradesh.
Manoj’s wife Neelu Soni alleged, “My husband was beaten in front of me.
When I requested the police to let my husband go, they denied and asked me to
come in the morning”. She claimed that when she reached the Police Station
the next morning her husband had already died. The post-mortem
reportedly revealed “injury marks” including on the head of the deceased.111
On 30 March 2018, N Murugesan, aged 28 years, a resident of Ullaasa
Nagar near Kodarankulam in Tirunelveli district of Tamil Nadu, died at
Tirunelveli Medical College and Hospital after his arrest. Police claimed
109
. Mob rampage over driver’s ‘custody death’, The Times of India, 23 February 2018,
available at https://timesofindia.indiatimes.com/city/bhopal/mob-rampage-over-drivers-
custody-death/articleshow/63042251.cms
110
. Man jumps off police vehicle, dies after getting hit by speeding truck, The Times of India,
25 February 2018, available at https://timesofindia.indiatimes.com/city/noida/man-jumped-
off-police-vehicle-died-after-hit-by-speeding-truck/articleshow/63071345.cms
111
. Magisterial inquiry ordered into Sagar ‘custody’ death, The Times of India, 16 March
2018, available at https://timesofindia.indiatimes.com/city/bhopal/magisterial-inquiry-
ordered-into-sagar-custody-death/articleshow/63336060.cms
112
. Man fleeing cops ‘injured in accident’, dies, The Times of India, 31 March 2018, available
at https://timesofindia.indiatimes.com/city/madurai/man-fleeing-cops-injured-in-accident-
(31)
that the deceased was involved in many cases of burglary and robbery.
According to the police version, around 7 pm on 29 March, N Murugesan
and his accomplice Manickaraja alias Raja were riding a motorcycle which
met with an accident when they tried to flee on seeing the police patrol
vehicle on the Madurai-Kanyakumari national highway. Police arrested
both Manickaraja and Murugesan who allegedly suffered a fractured leg
and other injuries. According to the police, Murugesan later suffered an
epileptic attack and died in the hospital.112
On 9 April 2018, SR Sreejith, aged 26 years, a resident of Varapuzha in
Ernakulam district in Kerala, died due to alleged custodial torture at
Varapuzha Police Station after being picked up by the police in a case of
mistaken identity on the night of 6 April.113 While the police denied any
torture, the post-mortem report established brutal torture upon Sreejith,
including blunt trauma and 18 injuries. The post-mortem reportedly
established that the injuries on Sreejith’s body had been inflicted two
days before his death, indicating that he was tortured in custody as he
had been picked up by the police on the night of 6 April. The post-
mortem reportedly revealed that Sreejith died of septicaemia after most
of his small intestine was ruptured and the food he had eaten had spilled
into other organs.114 The Kerala State Human Rights Commission
(SHRC) also stated that Sreejith had sustained the injuries in police
custody.115
On 19 April 2018, Sukal Sai Paharia, a health worker hailing from
Bhainsadani village under Naupada district of Odisha, was summoned
to Boden Police Station on suspicion of being a Maoist sympathiser and
he allegedly went missing thereafter. The victim’s wife Saubhagya Paharia
and the local residents alleged that Sukal Sai Paharia died due to custodial
torture by the police after some locals retrieved a skeletal suspected to be
of Sukal from a place 15 kilometres away from the Boden Police Station
on 9 June 2018.116
On 24 April 2018, Narendra Kumar, aged 34 years, a resident of Dorali
village in Meerut in Uttar Pradesh, died due to alleged torture at Mawana
Police Station in Meerut district. The deceased was arrested along with
113
. Kerala: Three surrender month after Sreejith ‘custodial death’, The Indian Express, 6 May
2018
114
. Kerala torture in custody, The Telegraph, 18 April 2018
115
. Sreejith sustained injuries while in police custody: Kerala Human Rights Commission,
The New Indian Express, 13 April 2018
116
. Custody death cry in Nuapada, The Telegraph, 12 June 2018, available at https://
www.telegraphindia.com/states/odisha/custody-death-cry-in-nuapada/cid/1416581
(32)
three others namely Honey, Rohit and Arvind after police recovered two
cows from his pickup truck in Mawana two days earlier. The family of
the deceased alleged that he was falsely implicated in the case and died
due to torture at the hands of the police. Mawana Station House Officer
(SHO) Brijesh Kushwaha, Sub Inspector Dharmendra and Constable
Omkar Singh were suspended over the death.117
On 28 April 2018, Qamar Qureshi, aged 22 years, died due to alleged
torture by the police allegedly to extract confessions to the crime at
Aashiana police in Lucknow, Uttar Pradesh. According to the police,
Qamar and his brother Hussain, aged 20 years, were called for questioning
when a scrutiny of call record details showed exchange of over 100 phone
calls between the brothers and Chanchal, a transgender who was shot
dead in Aashiana on 22 April 2018. The deceased’s father Mohammad
Shahid claimed that his two sons were detained on 24 April and were
tortured in police custody. Police handed over the brothers to their family
when their condition deteriorated. Both were admitted to a private
hospital where Qamar succumbed to injuries. Mohammad Shahid told
The Times of India, “During treatment, Qamar said that cops gave him electric
shock, strained his private parts and hit him in the abdomen with blunt wood.
Hussain was also subjected to inhumane treatment by cops.” Following protests
by the public, the police lodged FIR against Sub Inspector (SI) Abutalib
Zaidi and other unidentified cops of Aashiana Police Station for illegal
detention and torture of the deceased.118
On 2 May 2018, A. Unais, an autorickshaw driver, died at his house due
to alleged torture at the Edakkad Police Station in Kannur district of
Kerala. He was summoned to the Police Station on 21 February following
a complaint filed by his father-in-law that he hurled stone at the latter’s
house. The family members of Unais released an undelivered letter which
Unais had written to the Superintendent of Police about the torture he
had suffered in the Police Station. Unais in his letter said that he was
tortured by the police led by a Sub Inspector. He had to be admitted at
the Thalassery Co-operative Hospital on 24 February 2018 following
the custodial torture.119
117
. Uttar Pradesh: Man held for cow slaughter dies in custody; Gujjars threaten protests,
The Indian Express, 30 April 2018, available at https://indianexpress.com/article/cities/
lucknow/uttar-pradesh-man-held-for-cow-slaughter-dies-in-custody-gujjars-threaten-
protests-5156669/
118
. Murder suspect dies after police torture, cops booked, The Times of India, 5 May 2018,
available at https://timesofindia.indiatimes.com/city/lucknow/murder-suspect-dies-after-
police-torture-cops-booked/articleshow/64036822.cms
119
. Custodial torture alleged for death of youth at Edakkad, The Hindu, 15 May 2018
(33)
On 6 May 2018, Sunil Kushwaha, aged 28 years, a scrap dealer, died

soon after he was discharged from hospital in Agra in Uttar Pradesh where
he had been admitted due to alleged torture by police. He was detained
by the police in a motorcycle theft case at Firozabad’s Uttari Police Station.
The police reportedly claimed that no internal or external injury was
found on the body and the autopsy report cited “shock and internal
haemorrhage in the stomach due to liver cirrhosis and septicemia” as the
causes of the death. On 7 May, the state government ordered an inquiry
into the custodial death of the deceasd after his family alleged torture in
police custody.120
On 8 May 2018, Manu, aged 32 years, a resident of Neduvathoor in
Kottarakar of Kerala died at Government Medical College Hospital,
Kottarakar as a result of alleged torture by Excise Department officials.
Relatives of the deceased alleged that Excise officers brutally assaulted the
youth before taking him to the magistrate. He was arrested by the Excise
Department officials over charges of selling bootleg liquor in the morning
of 1 May and was remanded at Special Sub jail at Kottarakara.121
On the intervening night of 10 and 11 May 2018, Jeba Singh Ram, aged
52 years, a resident of Chand Saraya Colony in Karnal district of Haryana,
was reportedly found dead in the custody of Karnal Police Station. The
deceased was detained by the police for alleged possession of 150 gram
contraband marijuana (ganja). The family of the deceased alleged that he
died due to custodial torture.122
On 18 May 2018, Anthony, aged 25 years, a resident of resident of Ezhil
Nagar in Perumbakkam in Chennai, Tamil Nadu, died due to alleged
torture in police custody at the Neelankarai Police Station in Chennai,
Tamil Nadu. He was arrested on 17 May for alleged robbery and was
120
. Uttar Pradesh: Probe ordered into man’s death after ‘torture’ in custody, The Indian
Express, 8 May 2018, available at http://indianexpress.com/article/cities/lucknow/uttar-
pradesh-probe-ordered-into-mans-death-after-torture-in-custody-5167421/
121
. Yet another custodial death in Kerala, kin allege torture by excise officers, The New
Indian Express, 9 May 2018, available at http://www.newindianexpress.com/states/kerala/
2018/may/09/yet-another-custodial-death-in-kerala-kin-allege-torture-by-excise-officers-
1812393.html
122
. 52-year-old dies in Karnal police custody, three cops booked for murder, The Hindustan
Times, 11 May 2018, available at https://www.hindustantimes.com/india-news/52-year-old-
dies-in-karnal-police-custody-three-cops-booked-for-murder/story-vz8Vja5XFLyiHy
IKV5l03I.html
(34)
found dead in the Police Station during the wee hours of the following
day.123 Three days after the incident Chennai city police commissioner A
K Vishwanathanhad transferred four police officers stationed at
Neelangarai Police Station.124
On 30 May 2018, Premchand, aged 29 years, son of Narsingh, a resident
of Ramanthapur in Hyderabad city, Telangana, died in police custody in
Yadgirigutta in Telangana. According to police, on 25 May 2018
Premchand, a labourer, stole Rs 2.07 lakh (0.207 million) cash from the
auto of one Nagaraju at a godown in Sanathnagar. Based on the complaint
lodged by the godown manager, a case of theft was registered and the
deceased was arrested on 30 May 2018 and detained at Sanathnagar Police
Station in Hyderabad. Later he was taken to Yadgirigutta to recover the
stolen property and he died allegedly due to a stroke at Yadgirigutta.125
On 9 June 2018, Raja, aged 24 years, from Tamil Nadu died at the
Satyavedu Police Station in Chittoor district of Andhra Pradesh. He was
arrested on the charges of chain snatching. The police claimed that the
deceased was already injured in beating by the public prior to his detention
and he succumbed to injuries at the Government Hospital, Satyavedu.126
On 19 July 2018, Kumaraselvam, aged 50 years, died at Thanjavur Medical
College Hospital in the custody of Madhukkur Police Station under
Thanjavur district of Tamil Nadu under mysterious circumstances. The
deceased was arrested by the police on 17 July 2018 in connection with
a complaint registered by his relative with Madhukkur Police Station on
13 July 2018. The police claimed that after Kumaraselvam was brought
to the Police Station on 17 July 2018 he complained of chest pain and
was rushed to a hospital at Pattukottai and then shifted to the Thanjavur
Medical College Hospital where he died during treatment.127
123
. Chennai man accused of robbery dies in police custody, New Indian Express, 18 May
2018, available at http://www.newindianexpress.com/cities/chennai/2018/may/18/chennai-
man-accused-of-robbery-dies-in-police-custody-1816310.html
124
. Custodial death: Cops get shunted, The Times of India, 23 May 2018, available at https:/
/timesofindia.indiatimes.com/city/chennai/custodial-death-cops-get-shunted/articleshow/
64284569.cms
125
. Suspected thief died in police custody at Hyderabad, The Times of India, 30 May 2018,
available at https://timesofindia.indiatimes.com/city/hyderabad/suspected-thief-died-in-
police-custody-at-hyderabad/articleshow/64390430.cms
126
. A.P. police deny custodial death, Hindu, 9 June 2018, available at https://
www.thehindu.com/news/cities/chennai/ap-police-deny-custodial-death/article24117666.ece
127
. Man dies in police custody, The Hindu, 21 July 2018, available at https://
www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/50-year-old-man-dies-in-police-
(35)
On 20 July 2018, Javed Malik, aged 38 years, a resident of Bharat village

in Doda district of Jammu and Kashmir, died due to alleged torture in
police custody in Kishtwar district of the state. He was picked up on 19
July as an alleged cattle smuggler. Police officers claimed that Malik died
after falling into a gorge while trying to escape from custody. But Malik’s
family stated that the deceased was a shopkeeper and not a cattle smuggler
and that his body bore torture marks. The family further stated that he
had a deformed foot and could barely walk and therefore there was no
way he could have made it to the gorge, 4 km away.128
On 21 July 2018, Vidyadhar Kini, aged 46 years, died in police custody
at Arnala coastal Police Station in Palghar district of Maharashtra a few
hours after his arrest. The deceased was arrested for allegedly assaulting a
tribal woman in February 2018 and was remanded to police custody by
a local court. According to police, Kini allegedly got a seizure around
8.15 pm. He was taken to Sanjeevani Hospital in Virar where he was
declared brought dead.129
On 25 July 2018, Sukhraj Singh, aged 56 years, an employee of Haryana
Electricity Board, died at his home at Indira Colony in Chandigarh due
to alleged torture by the police. Sukhraj, who was paralysed, was picked
up by a Police Control Room (PCR) team on a complaint of eve-teasing
on July 23. Laxman, son of the deceased, alleged that despite repeated
pleas of the family members and neighbours, the policemen, along with
the kin of the woman (complainant) thrashed the deceased and dragged
him inside their vehicle on July 23. The witnesses identified three police
personnel as Constables Narinder Singh and Paras and a volunteer named
Bhupinder Singh who thrashed the deceased. Laxman further stated that
when his father was released from the IT Park Police Station he was unable
to walk properly and he succumbed to the injuries on 25 July.130
On 2 August 2018, M Manikandan, aged 25 years, a resident of
Mudukulathur town in Ramanathapuram district of Tamil Nadu, died in
the custody of Mudukulathur Police Station due to alleged torture. The
deceased was first picked up for interrogation on 1 August 2018 in
connection with a theft case but was let off. He was again picked up on 2
128
. Custody death protest, The Telegraph, 25 July 2018, available at https://
www.telegraphindia.com/india/custody-death-protest/cid/1352176
129
. Hours after arrest, 46-yr-old dies in custody, The Times of India, 23 July 2018
130
. Chandigarh: Family alleges police torture, SSP orders probe into death of power board
staffer, The Indian Express, 27 July 2018, available at https://indianexpress.com/article/
cities/chandigarh/chandigarh-family-alleges-police-torture-ssp-orders-probe-into-death-of-
power-board-staffer-5278631/
(36)
August and allegedly tortured to own up the crime.131 On 7 August, five

police personnel, including a Sub-Inspector, attached to Mudukulathur
Police Station were transferred to Armed Reserve (AR) Police pending a
magisterial inquiry under Section 176(1A) CrPC into the custodial death
of Manikandan.132
On 8 August 2018, Chandan Bharali, aged 23 years, a resident of
Chaygaon in Kamrup district of Assam, was allegedly found hanging
from a tree, about 150 metres away from the Panikhaiti police outpost in
Guwahati, a day after the judicial magistrate sent him to three days of
police custody. The deceased was arrested from Fancy Bazaar area in
Guwahati on 7 August in connection with an alleged blackmailing case.
He was produced in the court of Kamrup chief judicial magistrate,
Guwahati which remanded him in three days’ police custody. But the
police claimed that he went missing on the night of 7 August and his
body was found hanging from a tree about 150 metres from the police
outpost the next morning.133 However, the family members of the deceased
alleged that he was tortured to death and later the body was hung to
look like a suicide.134 Deputy Commissioner of Police (Central Guwahati)
Ranjan Bhuyan stated that Assistant Sub Inspector (ASI) Tarak Deka
and Constable Biswajit Sarma of Panikhaiti police outpost were suspended
after a preliminary inquiry revealed lapses on their part.135
On 8 August 2018, Maskur Nabi, aged 60 years, was allegedly tortured
to death by the police personnel of Bisauli Police Station at Sangrampur
village under Badaun district of Uttar Pradesh. The deceased’s son Akbar
alleged that two sub-inspectors, a constable and a home guard detained
him (Akbar) to take him to the Police Station. When his father Maskur
Nabi saw the policemen detaining him, he wanted to know the reasons
for the arrest. At this, the policemen were infuriated and assaulted him
which led to his death. On the night of 8 August 2018, when the villagers
staged a protest, police sent the body for post-mortem and booked sub-
131
. Family stages protest alleging custodial death, New Indian Express, 4 August 2018,
available at http://www.newindianexpress.com/states/tamil-nadu/2018/aug/04/family-stages-
protest-alleging-custodial-death-1852982.html
132
. Suspected custodial death: police personnel moved to AR wing, The Hindu, 8 August
2018, available at https://www.thehindu.com/news/cities/Madurai/suspected-custodial-death-
police-personnel-moved-to-ar-wing-ramanathapuram/article24634788.ece
133
134
. Custody death slur on police, The Telegraph, 9 August 2018, available at https://
www.telegraphindia.com/states/north-east/custody-death-slur-on-police/cid/1216892
135
(37)
inspectors Sunil Kumar and Ajit Kumar, constable Suresh Kumar and an
unidentified home guard under section 304 (culpable homicide not
amounting to murder) of IPC, following the complaint of Akbar. Senior
Superintendent of Police (SSP) Ashok Kumar suspended the three
policemen and recommended strict action against the home guard.136
On 11 August 2018, Hillary Ch Momin died due to alleged custodial
torture at Dagal Police Station in Songsak area under the East Garo Hills
district of Meghalaya. Police claimed that he was picked up in the night
of 3 August for shouting in the middle of the road in a drunken state at
Chidimit Nengsat village near St Joseph’s School. He was taken to the
outpost lock-up for the night and released in the afternoon at 2 pm on 4
August. He later died due to alleged torture in police custody.137
On 12 August 2018, Arun, aged 29 years, a resident of Sitarampur village
under Munger district of Bihar, was allegedly tortured to death by the
police at New Anaj Mandi, Salarpur road under Kurukshetra district of
Haryana. The deceased came from Bihar to Anaj Mandi in Kurukshetra
on 10 August 2018 along with his wife and children to find employment.
The deceased’s wife Rinku stated that on 12 August 2018 his husband
had a drink with one of his friends and each of them went to sleep. But,
after few minutes her husband’s friend returned and pulled her husband
out from the hut. Later, the police came and allegedly started beating her
husband. The deceased was allegedly injured in the beating by the police
and later died in a hospital.138
On 13 August 2018, Mohammad Islam Qureshi, aged 30 years, was
allegedly tortured to death in police custody at the office of the District
Collector, Rampur in Uttar Pradesh. The deceased, a resident of Rampur,
surrendered before the Additional Chief Judicial Magistrate, Rampur
District in connection with a case registered against him under the
Prevention of Cow Slaughter Act on 12 August 2018. The court ordered
that he be sent to judicial custody. But before taking him to jail he was
taken to the police lockup at the District Collector’s office where he died
on the evening of 13 August 2018. The police claimed that the deceased
complained of chest pain and was rushed to Rampur District Hospital
where he died during treatment. However, the deceased’s cousin Islam
136
. Three cops booked for culpable homicide, The Times of India, 10 August 2018
137
. Villagers Cry Custodial Assault After Man Dies, The Shillong Times, 12 August 2018,
available at http://www.theshillongtimes.com/2018/08/12/villagers-cry-custodial-assault-
after-man-dies/
138
. NHRC Case No.1984/7/11/2018
(38)
Qureshi alleged that Mohammad Islam Qureshi did not have any medical
history and alleged that he was tortured to death in police custody.139
In the early morning of On 25 August 2018, Moulishwaran, aged 22
years, a college student, was found death on the railway track near Ponneri
in Thiruvallur district of Tamil Nadu. The deceased, a resident of
Chinnakavanam village in Ponneri, was picked up and taken to
Gummidipoondi Railway Protection Force (RPF) post for inquiry into
certain matters. RPF officials claimed that the youth was handed over by
the residents of Chinnakavanan village to the gateman of level crossing
gate 26 near Ponneri and that the deceased had escaped from their custody
and committed suicide on the railway tracks. But the friends and villagers
alleged that the deceased was killed by the RPF during interrogation and
his dead body was thrown on the tracks to make it look like a case of
suicide.140
On 27 August 2018, Phulchand Nishad, aged 38 years, resident of Jaspura
in Banda district in Uttar Pradesh, allegedly died while returning home
from the Jaspura Police Station. The deceased’s son Golu alleged that the
police had beaten his father at the Police Station, due to which he died
while returning back home. The police had called the deceased and his
brother after the former had filed a complaint against his brother for
beating his son and nephew.141
On 30 August 2018, Rama, aged 36 years, a resident of Kapasan city in
Chittaurgarh district in Rajasthan, allegedly died at Railmagra Police
Station in Rajsamand district in Rajasthan a few hours after he was taken
into custody. He was arrested for interrogation in connection with a
robbery that had happened on 22 August 2018 at a temple in the district.
The deceased’s wife said she went to the Railmagra Police Station in the
evening of 30 August 2018 but the police refused to share any information
about her husband.142
139
. Man dies in police custody, family demands probe, The Times of India, 13 August 2018
140
. Youth taken to RPF post for inquiry found dead in Ponneri, The Hindu, 27 August 2018,
available at https://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/youth-taken-
for-inquiry-found-dead-on-track/article24788160.ece
141
. Thane me pithai se maut ka aarop laga jam ki sadak, Jagran.com, 28 August 2018,
available at https://www.jagran.com/uttar-pradesh/banda-road-to-jam-accused-of-death-by-
beating-in-police-station-18364220.html
142
. Loot ke aaropi Rama ki police hirasat me maut, m.dailyhunt.in, 31 August 2018,
available at https://m.dailyhunt.in/news/india/hindi/indias+news-epaper-indnews/
lut+ke+aaropi+rama+ki+pulis+hirasat+me+maut-newsid-95833512
(39)
On 11 September 2018, Gorle Pydi Raju, a resident of Nellimarla of

Vizianagaram district in Andhra Pradesh, died due to allegedly torture
during interrogation in the custody of the Central Crime Station (CCS)
in Visakhapatnam in Andhra Pradesh. The deceased was arrested for his
involvement in a number of burglaries.143 On 27 September 2018, the
police informed the Hyderabad High Court that Gorle Pydi Raju died in
a private hospital and not in the lock up of CCS of Visakhapatnam. The
Station House Officer of the CCS in an affidavit filed before the High
Court stating that Pydi Raju was apprehended by the patrolling team in
the early hours on 10 September at MVP Colony and he was brought to
the CCS and later was let free in view of bandobust duties of Bharath
Bandh on next day due to shortage of staff. According to the affidavit,
the wife of the deceased took her husband to a private hospital due to ill
health and while undergoing treatment, he died.144
On 6 October 2018, Shaik Babar Basha, aged 28 years, a resident of
Velupadu village in Nellore district of Andhra Pradesh, died due to alleged
torture in the custody of the police. The deceased was arrested in
connection with a case of theft of a Toyota Innova car pursuant to a
complaint filed against him by one Santosh at Ulavapadu Police Station
on 4 September 2018. Police claimed that on 6 October 2018 when the
police were about to take him to Guntur to recover the stolen car, he
complained of chest pain and was taken to Ulavapadu Primary Health
Centre and subsequently shifted to a hospital at Kandukur town where
he died during treatment on the same day (6 October).145
On 14 October 2018, A. Karthik, aged 36 years, a resident of B V Colony
in Vyasarpadi area of Chennai, Tamil Nadu, died due to alleged torture
during interrogation in the custody of MKB Nagar Police Station in
Chennai. The deceased was arrested in the morning of 14 October 2018
pursuant to a complaint of robbery filed against him.146 Police claimed
143
. Suspect ‘dies’ in police custody, The Hindu, 12 September 2018, available at https://
www.thehindu.com/todays-paper/tp-national/tp-andhrapradesh/suspect-dies-in-police-
144
. Pydi Raju died in hospital, Hyderabad High Court told, The Deccan Chronicle, 28
September 2018, available at https://www.deccanchronicle.com/nation/current-affairs/
280918/pydi-raju-died-in-hospital-hyderabad-high-court-told.html
145
. Man dies in police custody, The Hindu, 8 October 2018, available at https://
www.thehindu.com/news/national/andhra-pradesh/man-dies-in-police-custody/
article25151371.ece
146
. 36-year-old Chennai man dies in police custody, relatives allege foul play, The New Indian
Express, 15 October 2018, available at http://www.newindianexpress.com/cities/chennai/
2018/oct/15/36-year-old-chennai-man-dies-in-police-custody-relatives-allege-foul-play-
1885612.html
(40)
that the deceased complained of chest pain and started vomiting during
interrogation at the lock up in the afternoon of 14 October 2018 and
taken to a nearby private hospital. He was later shifted to Government
Stanley Hospital, Chennai where the doctors declared him brought dead.
However, the family members of the deceased alleged that the deceased
died due to brutal torture by the police while in custody.147 On 15 October
2018, two Sub Inspectors namely Jagadeesan and Raja and Constable
Shyam Sundar were transferred to the Armed Police.148
On 15 October 2018, Surubha Jhala, aged 35 years, who was working

with a courier company, died due to alleged torture at old Bopal Police
Station under Ahmedabad Rural district of Gujarat. The deceased was
picked on 14 October by personnel of Local Crime Branch (LCB) and
Special Operation Group (SOG) in connection with a case of theft of
gold worth Rs 2.50 crore pursuant to a complaint filed against him by
the courier company. The post-mortem report confirmed torture in the
lock-up of LCB in old Bopal police station. Jhala’s family members alleged
that the cops had beaten him so severely that when they reached Ghuma
health centre, Jhala was already dead and that there were bruises and blue
marks on various parts of his body. Ahmedabad rural police filed an FIR
against five unnamed policemen of LCB and SOG in connection with
the custodial death case under IPC Section 302 for murder, 114 for
abetment and 330 for causing hurt to extort confession.149
On 18 October 2018, Ajit Pujari, aged 20 years, a resident of Dhobalwadi
in Pune, Maharashtra, died in the custody of Swargate Police Station in
Pune. The deceased and his brother-in-law Yallappa Bhadravate were picked
up by the police from Market Yard on the morning of 18 October 2018
on suspicion of stealing cell phones. Police claimed that during
interrogation Ajit Pujari suddenly began vomiting and complained of
uneasiness and was taken to a private hospital near Saras Baug. When the
deceased’s condition deteriorated he was shifted to BJ Government Medical
College and Sassoon General Hospital, where the doctors declared him
dead on arrival. However, co-accused and brother-in-law of the deceased,
147
. Ibid
148
. Custodial death: 3 policemen shifted, The Hindu, 16 October 2018, available at https:/
/www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/custodial-death-3-policemen-
shifted/article25232353.ece
149
. Ahmedabad police file FIR in Bopal custodial death case, The Times of India, available at
https://timesofindia.indiatimes.com/city/ahmedabad/police-file-fir-in-bopal-custodial-death-
case/articleshowprint/66308201.cms
(41)
Yallappa Bhadravate, alleged that Ajit Pujari was tortured in police

custody.150
On 22 October 2018, Vaidhnath Choudhary, aged 40 years, died after
he was allegedly tortured at the Karni Vihar Police Station in Jaipur,
Rajasthan. The deceased went to the Police Station to submit documents
related to his son’s bike which was seized by the police. At the Police
Station he was allegedly beaten by the policemen after he had objected
to their slapping of his son. When the deceased complained of pain and
uneasiness following torture, his son Rakesh alleged that the police refused
to let them go to see a doctor. The deceased fell unconscious and finally
died at a private nursing home.151
On 3 November 2018, Swaminathan, aged 39 years, a resident of
Tirunelveli district of Tamil Nadu, was allegedly beaten to death in the
custody of Kozhikode Medical College police in Kerala. The deceased
was arrested by police personnel from the Medical College Police Station
from Kuttikattur area in Kozhikode on 3 November 2018 pursuant to a
complaint lodged by local residents accusing the deceased of committing
theft from a metal shop. Police claimed that the deceased was taken to
the Kozhikode Medical College Hospital after he complained of physical
discomfort soon after arrest but he died shortly after admission at the
hospital. However, the family members alleged that the deceased was
arrested on 2 November 2018 and he succumbed to his injuries sustained
due to torture by the police.152
On 4 November 2018, Pradeep Kalyan Kute, aged 28 years, a tractor
driver, was allegedly tortured to death by two constables posted at the
police outpost under Madha Police Station in Solarpur district of
Maharashtra. On 4 November 2018 night at about 8.30 pm the deceased
was playing loud music while travelling in his tractor at Manegaon near
Madha, off the Mumbai-Hyderabad national highway. Two constables
posted at the police outpost questioned the deceased about the loud
music and asked him to come to the police outpost. The deceased was
150
. Youth suffers heart attack in Police Station, dies later, The Times of India, 20 October
2018, available at https://timesofindia.indiatimes.com/city/pune/youth-suffers-heart-attack-
in-police-station-dies-later/articleshowprint/66289857.cms
151
. Man ‘beaten up’ by cops inside Karni Vihar Police Station, dies, Times of India, 24
October 2018, available at https://timesofindia.indiatimes.com/city/jaipur/man-beaten-up-
by-cops-inside-karni-vihar-police-station-dies/articleshow/66341129.cms
152
. Tamil Nadu native dies in police detention; Kin allege custodial torture, The New Indian
Express, 4 November 2018, available at http://www.newindianexpress.com/states/kerala/
2018/nov/04/tamil-nadu-native-dies-in-police-detention-kin-allege-custodial-torture-
1894019.html
(42)
later found unconscious in the outpost and was taken to a private hospital
in Madha, where the doctors declared him brought dead. The family
members alleged that Kute died after he was thrashed severely by two
constables at the police outpost. On 5 November, the police booked the
two accused constables on charges of murder of the deceased.153
On 22 November 2018, Arvind Yadav, aged 45 years, died under
suspicious circumstances in the custody of Makkhanpur Police Station in
Firozabad district of Uttar Pradesh. The deceased, a resident of Chamroli
village of Firozabad district, was arrested and taken into custody by police
after he allegedly stabbed another villager Avnish Yadav during a quarrel
between them on 20 November 2018. On 22 November 2018 at around
9:00 AM, police officials took the deceased to district hospital, Firozabad,
where the doctors declared him dead on arrival. The brother of the
deceased alleged that Arvind Yadav was beaten to death in police custody
and demanded action against the accused police personnel.154
On 22 November 2018, Raju Gupta, aged 30 years, a resident of Gailana
under Sikandra Police Station in Agra district of Uttar Pradesh, died due
to alleged torture in police custody in Agra. He was arrested on 21
November 2018 following a theft case filed by his neighbour Anshul
Kumar Singh. Police claimed that on 22 November 2018, when his
condition deteriorated he was taken to the SN Medical College, Agra
where the doctors declared him brought dead. Mrs Renu Lata, mother of
the deceased, alleged that his son had told her that he was tortured by
police to extract a confession. She also alleged that police did not inform
her about the death of her son for several hours although she was at the
Police Station on that day.155
On 28 November 2018, Jogendra Das, aged 40 years, a resident of Talada
under Kakatpur Tehsil in Puri district of Odisha, was allegedly tortured
to death in the custody of Astaranga Police Station in Puri district. The
deceased was arrested from his friend’s place pursuant to a complaint
153
. 2 cops booked in custodial death case, CID to probe, Times of India, 6 November 2018,
available at https://timesofindia.indiatimes.com/city/pune/2-cops-booked-in-custodial-death-
case-cid-to-probe/articleshowprint/66518215.cms
154
. Police custody me yuvak ki maut, trauma center me sav chhod bhage policekarmi, hatya
ka arop; Amar Ujala, 22 November 2018, available at https://www.amarujala.com/uttar-
pradesh/agra/young-man-died-in-police-custody-in-firozabad
155
. Chori ki shak me Sikandra thane laye gaye yuvak ne dum tor diya, Amar Ujala, 22
November 2018, available at http://epaper.amarujala.com/agra-city/20181123/
03.html?format=img&ed_code=agra-city
(43)
lodged by villager Urmila Nayak on 14 November 2018.156 The deceased’s

wife Pratima Das alleged that the police had implicated her husband in a
bogus case and tortured at the Police Station. She further alleged that
although her husband was injured he was taken to the court instead of
hospital. Later, he died at SCB Medical College and Hospital, Cuttack.157
On 2 December 2018, Krishnamurthy Naidu, aged 53 years, a retired
army man, died under mysterious circumstances in the custody of
Ramamurthynagar Police Station in Bengaluru, Karnataka. The deceased,
working as a lift operator with the Madras Engineering Group in Ulsoor,
was arrested on accusation of killing his wife Makaka Devi, aged 50 years,
on 20 November 2018. The police claimed that when Naidu was being
taken to the place of the offence on 2 December 2018 he complained of
chest pain and was rushed to Koshys private hospital, Bengaluru, where
doctors declared him brought dead.158
On 4 December 2018, Shamsuddin Shaikh, a resident of Vatva area in
Ahmedabad city of Gujarat, was allegedly beaten to death at Vatva Police
Station in Ahmedabad. He was arrested on 4 December 2018 night for
allegedly running a gambling den. He died a few hours after arrest. The
police claimed that the deceased died after he suffered convulsions but
the family members alleged that Shamsuddin Shaikh died because of
custodial torture following arrest. They also alleged that the police
informed them about the death only the next day.159
On 14 December 2018, Rajesh, aged 29 years, a resident of Dalanwala
village in Jind district, was allegedly tortured to death in the custody of
Crime Investigation Agency (CIA) of Haryana Police at Chandnibagh
Police Station in Panipat district of Haryana. The deceased was arrested
by Inspector Yogesh Kataria, in-charge of CIA-2 on 9 December 2018 in
connection with the murder of a factory contractor named Santosh, aged
37 years, who was found dead in a sugarcane field at Diwana village on 3
December 2018. Rajesh died at the Post Graduate Institute of Medical
Sciences (PGIMS) at Rohtak on 14 December 2018. Shiv Kumar
156
. Man dies after ‘police torture’, The Orissa Post, 29 November 2018, available at http://
www.orissapost.com/man-dies-after-police-torture/
157
. Ibid
158
. 53-year-old murder suspect dies in Police Custody, The Deccan Herald, 4 December
2018, available at https://www.deccanherald.com/city/53-year-old-murder-suspect-
706319.html
159
. Gambling den operator dies in police custody, The Times of India, 6 December 2018,
available at https://timesofindia.indiatimes.com/city/ahmedabad/gambling-den-operator-
dies-in-police-custody/articleshowprint/66960985.cms
(44)
Kashyap, elder brother of deceased, alleged that his brother was tortured
to death by Inspector Yogesh Kataria, Assistant Sub Inspector Ravinder
Kundu, constables Praveen and Dharmveer and others in their custody.
160
On 17 December 2018, the accused namely Inspector Yogesh Kataria,
ASI Ravinder Kundu, constables Praveen and Dharmveer were booked
under IPC Sections 365 (kidnapping), 302 (murder) and 34 (acts done
by several persons in furtherance of common intention). 161
On 21 December 2018, Pritam Debbarma, a tribal youth aged 23 years,
allegedly committed suicide at his home at Sonaraibari locality in Khowai
district of Tripura, a day after he was tortured in the custody of the police
at Baijalbari police outpost in Khowai district. The police raided his
house and arrested him on accusations of selling drugs. Pritam was detained
at Baijalbari police outpost where he was allegedly tortured before his
parents of could secure his release at around 9 pm on 20 December.162
His parents blamed the police for their son’s death by “putting him behind
bars on false charge and beating his mercilessly”.163 Later, the police registered
an FIR against Baijalbari outpost officer-in-charge Sukanta Debbarma,
sub-inspector Subir Debbarma and two constables for allegedly abetting
the suicide of the deceased.164
On 21 December 2018, M Jayakumar, aged 21 years, a resident of J J
Nagar in Korrupet in Chennai, was allegedly tortured to death in the
custody of Esplanade Police Station in Chennai, capital city of Tamil
Nadu. He was taken into custody for questioning in connection with a
theft case. The police claimed that during interrogation the deceased had
suffered a ‘seizure’ and collapsed at the Police Station. He was taken to
the Rajiv Gandhi Government General Hospital where the doctors
160
. Kin protest youth’s death in police custody, The Tribune, 16 December 2018, available at
https://www.tribuneindia.com/news/haryana/kin-protest-youth-s-death-in-police-custody/
698916.html
161
. 4 cops booked for youth’s murder, The Tribune, 18 December 2018, available at https:/
/www.tribuneindia.com/news/haryana/4-cops-booked-for-youth-s-murder/699848.html
162
. Tripura Youth commits suicide after Police allegedly tortured him in Lockup;
Tripurainfoways.com, 24 December 2018, available at http://tripurainfoways.com/news-
details/TN/99532/tripura-youth-commits-suicide-after-police-allegedly-tortured-him-in-
lockup.html
163
. 4 Tripura policemen booked for tribal youth’s death, The Hindu, 25 December 2018,
available at https://www.thehindu.com/news/national/other-states/4-tripura-cops-booked-
for-tribal-youths-death/article25823163.ece
164
. Ibid
(45)
declared him ‘brought dead’. The parents of the deceased alleged that the
police tortured him to death and filed a complaint in this regard.165
On 25 December 2018, Rahul Singla, a resident of Khizrabad village in
Yamunamagar district of Haryana, died at the Civil Hospital at
Yamunanagar due to alleged torture at the Women Police Station in
Yamunanagar. Singla was summoned to appear at the Women Police
Station on 25 December 2018 for interrogation regarding a complaint
of alleged molestation filed by a woman. According to the police, he fell
sick while being interrogated at the Police Station and had to be rushed
to the Trauma Center at Civil Hospital, Yamunanagar. He died soon after
admission. However, the deceased’s wife, Kavita claimed that the police
tortured her husband during interrogation which led to his death.166
ii. Special focus: alleged suicide in police custody

On 16 January 2018, Deepak alias Pope, aged 19 years, was allegedly
found hanging inside the Karawal Nagar Police Station in Delhi. According
to police, he was found hanging with his gamcha (towel) inside the
investigating officer’s room. However, Deepak’s family alleged he was
tortured to death in the police lock-up for not paying a bribe of Rs
30,000 for his release.167 Four police officials namely Sub Inspector
Sandeep and three Assistant Sub Inspectors namely Satish, Jashveer and
Ramdheer were suspended for dereliction of duty.168
On 21 February 2018, Dalbir Singh, aged 54 years, a resident of Rohini
Sector 11 in Delhi, allegedly committed suicide by jumping from the
second floor of the Naraina Police Station in Delhi. While police initially
said Singh jumped down from the second floor, their preliminary inquiry
indicated that he did not commit suicide but apparently fell down while
trying to escape from the police custody. But the family members of the
deceased alleged that policemen tortured him and then threw him from
165
. Chennai man dies in Police Station, kin allege custodial death, The New Indian Express,
22 December 2018, available at http://www.newindianexpress.com/cities/chennai/2018/dec/
22/chennai-man-dies-in-police-station-kin-allege-custodial-death-1915092.html
166
. Molestation suspect dies; wife cries foul, The Tribune, 26 December 2018, available at
https://www.tribuneindia.com/news/haryana/molestation-suspect-dies-wife-cries-foul/
703983.html
167
. Delhi: Man dies in custody, four cops face action, The Indian Express, 17 January 2018,
available at https://indianexpress.com/article/cities/delhi/man-dies-in-custody-four-cops-face-
action-5027664/
168
. Four policemen suspended over custodial death of 19-yeawr-old, The Pioneer, 17 January
2018
(46)
the Police Station building.169 The deceased was arrested on 20 February

for trying to purchase medicines from the Army Base hospital using a
fake prescription.170
On 21 March 2018, Babban Sah, aged 40 years, a resident of Thakurbigha
village under Kaler Police Station in Arwal district of Bihar, died due to
alleged torture by the police at Kaler Police Station. He was picked up
for interrogation in connection with a criminal case. The police claimed
that Babban Sah attempted to commit suicide in police lock-up and
received injuries in the process. He was rushed to a local hospital where
he died during treatment. But the family of the deceased alleged that
Babban died due to police torture. They claimed that he was admitted to
the hospital only when his condition deteriorated after being tortured in
custody.171
On 25 April 2018, Parupalli Ramunaidu, aged 60 years, allegedly
committed suicide in the Atchutapuram Police Station in Visakhapatnam
district of Andhra Pradesh. Police claimed that he hanged himself with a
rope in the bathroom. The deceased was arrested on 24 April in connection
with a murder case that took place at Kondakarla on 7 April 2018.172
On 2 May 2018, Sitrarasu allegedly committed suicide at the
Chunambedu Police Station in Kancheepuram district of Tamil Nadu.
According to the police, Sitrarasu, a junior assistant in the education
department, hanged himself using his innerwear in a washroom in the
Police Station. The State Human Rights Commission directed the Tamil
Nadu police chief to investigate the custodial death.173
On 17 June 2018, Sunil Kachhap, aged 25 years, allegedly committed
suicide within few hours of detention at Jagannathpur Police Station
lock-up in Ranchi in Jharkhand. Kachhap was brought to the Police
169
. Mystery surrounds Naraina custodial death, The Hindustan Times, 22 February 2018,
available at https://www.hindustantimes.com/delhi-news/mystery-surrounds-naraina-
custodial-death/story-BgIHb73rZUWkCzavMD001O.html
170
. Man dies in custody, 2 cops suspended, The Asian Age, 23 February 2018
171
. Mob fury after death in custody, The Telegraph, 22 March 2018, available at https://
www.telegraphindia.com/states/bihar/mob-fury-after-death-in-custody/cid/1438623
172
. Custodial death in Atchutapuram Police Station, The Times of India, 25 April 2018,
available at https://timesofindia.indiatimes.com/city/visakhapatnam/custodial-death-in-
atchutapuram-police-station/articleshowprint/63912365.cms
173
174
. ‘Suicide’ in police custody, The Telegraph, 18 June 2018
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Station at around 3 pm on 17 June after his wife lodged a torture

complaint against him and he died at around 4.15 pm. The police claimed
that he killed himself by banging his head against the wall of the lock-up
cell till he collapsed.174
On 4 July 2018, a couple allegedly committed suicide in their house
near Changanassery in Kottayam district in Kerala after the husband,
who worked in a jewellery shop, was allegedly tortured by police in
connection with a gold theft case. According to the police, Sunil Kumar,
aged 31 years, and Reshma, aged 27 years, had committed suicide by
consuming poison. The couple’s relatives alleged that the two took the
extreme step after Sunil Kumar was accused of gold theft and tortured
during interrogation. The Sub-Inspector who was accused of custodial
torture had been transferred.175
On 25 July 2018, Anish, aged 19 years, was allegedly found hanging in
the toilet of the special cell at the Medical College Hospital in
Thiruvananthapuram, Kerala. He was arrested on 23 July on charges of
possessing drug tablets and taken to the hospital by the Excise officers
after he complained of uneasiness. But the relatives of the deceased alleged
that he was falsely implicated in the case and subjected to custodial torture
by the Excise officials.176
On 11 August 2018, Sohaib Khan, aged 25 years, allegedly committed
suicide by hanging himself in the bathroom at the Bagh Police Station
under Dhar district of Madhya Pradesh. The deceased was arrested earlier
on the day for interrogation in connection with charges of eve-teasing.
However, Salim Pathan, the uncle of the deceased, alleged that the
deceased was tortured to death by the police. Bagh Police Station in-
charge Kamal Singh Pawar and constable Mangilal Goyal were suspended
after the incident.177
On 24 August 2018, Prahlad Singh, aged 60 years, a retired Naik in the
army, reportedly died in the lock-up at the Kumher Police Station in
Bharatpur district of Rajasthan, a day after he was picked up for drinking
175
. Couple Commits Suicide After Alleged Police Torture Of Husband In Kerala, NDTV, 4
July 2018
176
. Relatives of youth found hanging in Medical College Hospital allege custodial torture,
The New Indian Express, 29 July 2018, available at http://www.newindianexpress.com/
states/kerala/2018/jul/29/relatives-of-youth-found-hanging-in-medical-college-hospital-
allege-custodial-torture-1850036.html
177
. Man Commits Suicide In Police Station, Relatives Allege Custodial Torture, NDTV, 12
August 2018, available at https://www.ndtv.com/cities/man-arrested-commits-suicide-in-
police-station-relatives-allege-torture-1899347
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on roadside. The police claimed that the deceased hanged himself in the
lock-up by using a piece of cloth which he obtained by tearing off a
blanket. Following the incident, the Indian Army reportedly wrote to
the district collector Sandesh Nayak stating that Prahlad was subjected
to torture and severe beating in police custody. The army pointed out
that there was no injury mark on the neck of the deceased which was
impossible in a case of hanging.178
On 25 August 2018, Dichkya alias Sonya Daulat Jadhav, aged 21 years,
allegedly hanged himself with a bed sheet inside the toilet of Sinnar Police
Station under Nashik district in Maharashtra. The deceased, a resident of
Joshiwada in Sinnar under Nashik district, was arrested by the police on
25 August 2018 at around 12.45 PM following a complaint lodged by a
woman for outraging her modesty and assaulting her husband. He
allegedly hanged himself in the toilet at 3.45 PM on the same day.179
On 26 August 2018, Abinas Paital, aged 23 years, was allegedly found
hanging in a house located near the Mahakalpada Police Station in
Kendrapada district of Odisha, a day after he was arrested in a case of
mobile theft. The deceased’s father, Sarat, alleged that his son was severely
beaten in custody which led to his death and the body bore injury marks.
He alleged that police hanged the deceased’s body from the staircase of a
vacant house near the Police Station to make it look like a case of suicide.
Odisha Director General of Police suspended Mahakalapada Police Station
in-charge Shyamaghan Behera and ordered an investigation by the Crime
Branch.180
On 12 September 2018, Anuraj Rajput, aged 22 years, died under
mysterious circumstances at Kareli Police Station under Narsinghpur
district of Madhya Pradesh. The deceased was arrested on 11 September
2018 allegedly after heated argument with a man, who had lodged a
police complaint against him over theft of a buffalo. The police claimed
that the deceased died after consuming sulphas while in custody. The
victim’s father Bhupendra Rajput alleged that his son died of police excesses
and he strongly refuted the police’s claim. Five personnel of Kareli Police
178
. Judicial probe ordered into ex-serviceman’s death in Rajasthan prison, DNA, 29 August
2018, available at https://www.dnaindia.com/india/report-judicial-probe-ordered-into-ex-
serviceman-s-death-in-rajasthan-prison-2656162
179
. Two cops suspended over youth’s suicide, The Times of India, 26 August 2018, available
at https://timesofindia.indiatimes.com/city/nashik/two-cops-suspended-over-youths-suicide/
180
. Lockup death: Widow threatens immolation, The New Indian Express, 5 September
2018, available at http://www.newindianexpress.com/states/odisha/2018/sep/05/lockup-
death-widow-threatens-immolation-1867769.html
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Station were suspended in connection with the death. Narshingpur SP

Dharmendra Singh Bhadoria said Kareli Police Station in-charge inspector
Arvind Choubey, sub inspector Jagdish Yadav, assistant sub inspector
Basant Sharma, head constable Birju Thakur and constable Rajkumar
had been placed under suspension in connection with the case and a
judicial probe was ordered.181
On 2 October 2018, Chandrakant Shinde, aged 65 years, allegedly
committed suicide at his residence at Goveli village near Kalyan city,
Maharashtra, after being tortured by the police. He was summoned by
the Crime Branch in Kalyan on 1 October where he was allegedly tortured
during interrogation in connection with the recovery of four detonators
and two gelatine sticks from an autorickshaw parked outside a DCP’s
office in Kalyan. According to the family members, the deceased was
supposed to appear again before the Crime Branch at 10 am but prior to
that he committed suicide due to fear of more torture.182
On 4 October 2018, Rolongse alias Akum, aged 18 years, a resident of
Chamongar village in Tuensang district of Nagaland, died under
mysterious circumstances in the custody of Mon Police Station under
Mon district of Nagaland. The deceased was reportedly picked up by a
police patrol team for quarrelling with a fellow handyman of Super Travel
Bus and detained him at the Police Station lock-up at around 8:20 PM.
Police claimed that at about 9:30 PM i.e. about 70 minutes of his
detention, the body of deceased was allegedly found hanging by the bar
of the lock-up cell with his belt. Two police personnel, an Assistant Sub
Inspector and the lock-up sentry on duty, were suspended in connection
with the incident on charges of negligence of duty.183
On 5 December 2018, Jai Lakra, a resident of Raika Kachhar village of
Sundargarh district of Odisha, was allegedly beaten to death at Rajgangpur
Police Station in Sundargarh district and his body hanged inside the
bathroom of the Police Station to look it as suicide. The deceased who
was working as a bank agent was arrested on 3 December 2018 following
complaints by several people of duping them by collecting money from
181
. Man dies in police custody at Kareli in MP, 5 cops suspended, Business Standard, 12
September 2018, available at https://www.business-standard.com/article/pti-stories/man-
dies-in-police-custody-at-kareli-in-mp-5-cops-suspended-118091201296_1.html
182
. 65-year-old questioned by cops in explosive seizure case hangs self, Mumbai Mirror, 3
October 2018, available at https://mumbaimirror.indiatimes.com/mumbai/crime/65-year-
old-questioned-by-cops-in-explosive-seizure-case-hangs-self/articleshow/66047216.cms
183
. Two cops suspended over custodial death in Mon, Eastern Mirror, 6 October 2018,
available at http://www.easternmirrornagaland.com/two-cops-suspended-over-custodial-
death-in-mon/
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them on the pretext of depositing in the bank. The police claimed that
Jai Lakra was found hanging inside the bathroom of the Police Station at
around 8 PM on 5 December 2018. However, family members accused
the police of beating the deceased to death in custody. Mr Buddharam
Lakra, father of the deceased, alleged police did not inform his family
about the arrest of his son. He alleged that the police kept his son at
Rajgangpur Police Station since 1 December 2018 to 5 December 2018
without producing him in court.184
B. Torture not resulting to deaths

i. Torture to extract confession
On 21 February 2018 night, a suspect (name not disclosed) in a jewellery
heist in northwest Delhi’s Swaroop Nagar alleged that five policemen
pick him up from his house on accusations of committing robbery at
Shri Ram Jewellers showroom. He claimed that the police took him to
Swaroop Nagar Police Station and assaulted him to extract a confession.
He alleged cops made him lie down on the floor and one of the policemen
sat on his back while two other policemen pulled his legs. The man
claimed his legs were broken in beatings by the cops during the
questioning.185
On 25 December 2018, three youths identified as Ravi Kumar, Yograj
and Pappu Kumar were allegedly tortured by Sub-Inspector Om Prakash
at Sector 61 police post in Chandigarh city. The victims, all residents of
Kumbra village in Mohali, were working at a pizza outlet in Sector 44 in
Chandigarh. On 25 December 2018 they were summoned at the Sector
61 police post for interrogation regarding a theft that took place at a
house in Sector 52. The victims claimed that during interrogation the
in-charge of the police post, Sub-Inspector Om Prakash kept them in
illegal detention for many hours and hit them with a stick which led to
serious injuries in Yograj’s hands. Following the torture, the victims were
released in the evening on the same day.186
184
. Youth’s ‘custodial death’ in Police Station in Sundargarh; probe underway, The Pragativadi,
6 December 2018, available at http://pragativadi.com/custodial-death-youth-found-hanging-
in-police-station-in-sundargarh/
185
. Delhi: Man alleges torture in custody, police deny claim, The Indian Express, 1 March
2018, available at https://indianexpress.com/article/cities/delhi/delhi-man-alleges-torture-
in-custody-police-deny-claim-5080832/
186
. Youths allege torture by cops, The Tribune, 27 December 2018, available at https://
www.tribuneindia.com/news/chandigarh/youths-allege-torture-by-cops/704632.html
(51)
ii. Torture resulting from inability to pay bribe

On 4 April 2018, police allegedly picked up one Naveen Kumar alias
Manoj, a resident of Rithala in Delhi, and took him to Metro Vihar
police post under Shahbad Dairy Police Station in Northwest Delhi.187
Family members alleged that after picking up Kumar a few policemen
visited their home seeking Rs 5 lakh in cash as bribe to release him and
when they expressed inability to pay such big amount, the policemen
threatened to implicate Kumar in serious criminal charges. Soon after
return from Kumar’s family residence, the policemen started beating
Kumar with sticks. Kumar sustained injuries on his body including his
legs and buttocks. On 7 April, Kumar collapsed inside the court where
he was produced and the judge saw the injury marks and asked for an
immediate medical report. However, cops refuted the allegations of torture
and claimed that Kumar was involved in a firing incident in Shahbad
Dairy on the night of 3 April. Investigating officers claimed the injury
marks on his body were due to a fall he had from a staircase in his house.188
On 29 June 2018 at around 10 PM, two constables allegedly picked up
Vinod, a painter by profession and resident of Arogyadas Nagar in DJ
Halli in Bengaluru, Karnataka, and detained him at KG Halli Police Station
in Bengaluru. The victim alleged the constables assaulted him, implicated
him in false case of stealing jewellery and cash and wanted him to confess
that he committed theft. He sustained injuries due to beating by the
cops and was later admitted to Bowring Hospital for treatment. The
victim was released only after his father Jayamani allegedly bribed the
policemen. In a complaint to the Bengaluru Police Commissioner,
Jayamani alleged that a Sub Inspector asked to him pay Rs 20,000 to get
his son released.189
On 9 August 2018, a businessman identified as Ramesh was allegedly
tortured by policemen posted at Shakund Police Station in Bhagalpur
district of Bihar. The victim alleged that he was tortured for the whole
night after he had refused to pay a bribe of Rs 50,000 to the policemen
in an old case. In his statement to the court, Ramesh stated that the SHO
187
. Delhi: Man claims assault in police custody, The Times of India, 20 April 2018, available
at https://timesofindia.indiatimes.com/city/delhi/man-claims-assault-in-police-custody/
articleshowprint/63836884.cms
188
. Delhi cops thrash man for not paying bribe of Rs 5 lakh; Indiatoday.com, 21 April 2018,
available at https://www.indiatoday.in/mail-today/story/delhi-cops-thrash-man-for-not-
bribing-them-rs-5-lakh-1216922-2018-04-21
189
. Man alleges brutal police torture, The Deccan Herald, 09 July 2018, available at https:/
/www.deccanherald.com/city/top-bengaluru-stories/man-alleges-brutal-police-679917.html
(52)
of Shakund Police Station dragged him outside his shop and thrashed
him mercilessly. Thereafter, two constables tore his clothes and put petrol
in his private parts. When produced before the court, the magistrate
ordered a medical test of the victim.190
On 9 August 2018, Inspector Preetinder Singh, Station House Officer of
Sadar Patti Police Station in Tarn Taran district of Punjab, allegedly got
Harbhupinder Singh, a resident of Kamaal Wala village under Aarif Ke
Police Station in Ferozpur district, picked up without informing his senior
officers and kept him in illegal detention for two days on false charges of
peddling drugs. Harbhupinder was released only after he paid Rs 50,000
to the accused SHO through a head constable. On 12 August 2018,
Inspector General, Border Range, SPS Parmar stated before the media
that he dismissed accused while the head constable through the bribe
was accepted was apprehended on the spot by Vigilance Bureau and the
amount was recovered from him.191
On 9 August 2018, at around 10 PM, policemen in civvies allegedly
picked up Sariful, aged 31 years, and neighbour Feroz, aged 32 years,
from their rented accommodation Kundanahalli Gate in Bengaluru,
Karnataka. The victims, who hailed from West Bengal, were working as
bus drivers at a private school nearby. After searching at different Police
Stations for three days, Sariful’s younger brother, Anrull found out that
the duo was detained at Begur Police Station in Bengaluru where they
were implicated in a false case of selling ganja and allegedly subjected to
torture. On 13 August, Anrull, accompanied by social activist Kaleemullah
went to the Begur Police Station where they reportedly found the duo
injured due to torture. Anrull said police officials demanded Rs 2 lakhs
from him to release the duo.192
On 22 November 2018, Crime Branch officials allegedly picked up Ishtiyak
alias Mushtaq Malahu Khan, owner of Fabia Steel along with his six
employees identified as Sumeet Yadav, Abdul Shaheed Salam Khan, Rakesh
Gautam, Mohammad Khan, Abdul Khan, and Wasim Khan and kept
them in illegal detention for three days in Pune, Maharashtra. Ishtiyak
190
. Bihar policemen strip man naked, pour petrol on his private parts after he refuses to give
bribe, NewsX, 11 August 2018, available at https://www.newsx.com/national/bihar-police-
petrol-private-parts-nitish-kumar
191
. SHO dismissed for illegal detention of an innocent, The Times of India, 12 August 2018,
available at https://timesofindia.indiatimes.com/city/amritsar/sho-dismissed-for-illegal-
detention-of-an-innocent/articleshow/65376194.cms
192
. Police illegally detain, torture 2 drivers: Karnataka State Human Rights Commission,
The Deccan Chronicle, 21 August 2018
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Khan alleged that the crime branch officials subjected him and his
employees to third degree torture including beatings and electric shock.
They also threatened him to implicate him and his men in false cases. He
alleged that he and his men were released only after he paid Rs 8.5 lakh
to the crime branch officials.193
On 6 December 2018, the Delhi Police suspended the Station House
Officer of Ranhola Police Station in North West Delhi on accusations of
kidnapping and illegal detention of Pradeep Pradhan, a resident of
Kanjhawala, North West Delhi and demanding ransom from his family
for his release. Three policemen had allegedly kidnapped Pradeep and
asked his wife to pay a ransom of Rs 1.5 crore for his release but the
accused policemen were caught when the victim’s wife went to meet
them with her relatives. Confirming the suspension, Special Commissioner
of Police (law and order of southern range) R P Upadhyay stated that in
a preliminary enquiry police department found that the SHO was aware
of the illegal detention of Pradhan by his subordinate colleagues. He said
Pradhan was taken twice to Ranhola Police Station by the three
policemen.194
iii. Other cases of torture not resulting in death

On 8 January 2018, three college students were allegedly arrested, beaten
and harassed at the Bishnupur Police Station in Bishnupur district in
Manipur. Police officials also allegedly threatened the family members of
the victims who came see the students at the Police Station. Two victims
were studying at Imphal College and one was studying at Thambal Marik
College. They came to Bishnupur Bazaar for a haircut at around 12. 30
PM when they were picked up by a team of Bishnupur police. Police
released the victims only after allegedly taking money from them.195
On 12 January 2018, two police constables and two home guards allegedly
beat up one Ramj Gupta, stated to be a mentally ill person, after locals
handed him over to the cops. In a video that was taken by a journalist
and went viral in the social media on 13 January, four policemen are seen
thrashing one Ramji Gupta, with one of the constables standing on his
193
. Kondhwa man claims torture, extortion by crime branch, The Pune Mirror, 29 November
2018, available at https://punemirror.indiatimes.com/pune/crime/kondhwa-man-claims-
torture-extortion-by-crime-branch/articleshowprint/66856412.cms?prtpage=1
194
. Delhi: SHO aware of man’s detention, finds probe, The Indian Express, 8 December
2018, available at https://indianexpress.com/article/cities/delhi/station-house-officer-aware-
of-mans-detention-finds-probe-5483857/
195
. KSA alleges police atrocity, The Imphal Free Press, 10 January 2018, available at https:/
/www.ifp.co.in/page/items/46111/ksa-alleges-police-atrocity/
(54)
right hand after he falls on the road. Gupta, a resident of Bharwa Sameerpur
locality in Hamirpur of Uttar Pradesh was allegedly caught by locals pick
pocketing at the bus stand in Hamirpur. Assistant Superintendent of
Police (Hamirpur) ordered an inquiry into the allegations of torture.196
On 22 January 2018, security guards of then Chief Minister of Mizoram
Lalthanhawla allegedly beat up Lalbiakzuala, a truck driver from Sihphir
village near state capital Aizawl, for allegedly making delay in giving way
to the Chief Minister’s convoy. The victim reportedly sustained injuries
in the beating by the cops and required admission to Synod Hospital in
Durtlang. Lalbiakzual’s father filed an FIR at Bawngkawn Police Station
seeking justice for his son but the police allegedly failed to take any action
as the torturers were security guards of the Chief Minister.197
On 7 February 2018, a group of policemen allegedly beat up a
septuagenarian cobbler identified as Tara Chand at Santokhgarh in Una
district of Himachal Pradesh without any reasons. The victim stated that
despite his repeated plea that he was a cobbler, the cops did not listen to
him and brutally tortured him. Due to the beatings, the old man
developed blood clots on his back and legs and his ribs were fractured.
The police allegedly refused to register an FIR against the accused
policemen.198
On 6 May 2018, one Anoop T, aged 28 years, an autorickshaw driver,
was allegedly stripped and subjected to torture at the Atholi Police Station
in Kozhikode in Kerala. He was arrested for allegedly throwing firecrackers
into a policeman’s bedroom. Anoop T said he was wearing only a lungi
and the police even did not allow him to dress properly at the time of
arrest at around 9 AM on 6 May. He was allegedly assaulted in the police
jeep first and then stripped and assaulted in the lock-up by Assistant Sub
Inspector Raghu and others. The police, however, denied the allegations
of torture.199
196
. Probe ordered after video of UP cops thrashing youth goes viral, The Indian Express, 14
January 2018, available at https://indianexpress.com/article/cities/lucknow/probe-ordered-
after-video-of-up-cops-thrashing-youth-goes-viral-5023477/
197
. Party seeks Mizoram CM’s resignation, The Telegraph, 30 January 2018, available at
https://www.telegraphindia.com/states/north-east/party-seeks-mizoram-cm-s-resignation/
cid/1440501
198
. Mistaken for thief, cobbler thrashed by policemen, The Tribune, 16 February 2018,
available at https://www.tribuneindia.com/news/himachal/mistaken-for-thief-cobbler-
thrashed-by-policemen/544571.html
199
. Kerala youth alleges torture in custody; cops refute claim, The New Indian Express, 8
May 2018, available at http://www.newindianexpress.com/states/kerala/2018/may/08/kerala-
youth-alleges-torture-in-custody-cops-refute-claim-1811634.html
(55)
On 20 May 2018, Rabindra Swain, a resident of Majurai village in

Jagatsinghpur district of Odisha, was allegedly tortured and humiliated
by the policemen when he refused to give Rs 10,000 to them for arresting
the miscreants who snatched Rs 80,000 and gold bracelets from him.
Though Swain and his wife approached local police officials in this regard,
no action was taken against the errant cops.200
On 26 May 2018 during the night, about 500 police personnel reportedly
stormed the ghetto of Chhara community at Chharranagar in Ahmedabad
city of Gujarat, cordoned off the area till 5 AM, barged into homes,
destroyed household goods, vehicles. The large contingent of the police
allegedly beat up any Chhara community member they found in the
ghetto which is the home of about 6,000 families of the Chhara
community. Police arrested 29 members of the Chhara community
including Pravin Indrekar, prominent photojournalist, Atish Indrekar, a
theatre artist and three senior advocates. Atish Indrekar alleged that they
were tortured at the time of arrest and at the police station lock-up.
According to a fact-finding committee headed by Shamshad Pathan,
around 80 people were injured out of which 25 suffered grievous injuries
in the police action.201
On 28 May 2018, police allegedly tortured an elderly couple identified
as Sarat Paikray, aged 75 years, his wife and their son Sanjay Paikray at
Kumbharpada Police Station in Puri, Odisha. Police arrested the trio
pursuant to a complaint filed by Sanjay’s wife following a quarrel between
her and her husband over a family matter. After arrest during the night of
28 May, the police took them to Kumbharpada Police Station where the
trio was beaten up black and blue. The septuagenarian Sarat Paikray
sustained injuries due to torture by the police and was admitted at the
District Hospital, Puri in a critical condition.202
On 4 June 2018, a group of policemen allegedly beat up Usman, aged
38 years, after the car in which the cops were travelling hit the motorbike
of the victim near Edathala Government School, Aluva near Kochi city
in Kerala leading to an altercation. The policemen manhandled Usman
200
. Police chief recommends action against errant cops, New Indian Express, 24 May 2018,
available at http://www.newindianexpress.com/states/odisha/2018/may/24/police-chief-
recommends-action-against-errant-cops-1818716.html
201
. Ahmedabad Police on a Rampage in a Ghetto of DNT Tribe Chhara at Midnight, Arrests
29, NewsClick, 03 August 2018, available at https://www.newsclick.in/ahmedabad-police-
rampage-ghetto-dnt-tribe-chhara-midnight-arrests-29
202
. Three of family ‘assaulted’ by cops after daughter-in-law’s complaint
police beat three persons; Orissa Post, 29 May 2018, available at http://www.orissapost.com/
three-of-family-assaulted-by-cops-after-daughter-in-laws-complaint/
(56)
and later took him to the Edathala Police Station where they assaulted
him again. The assault left Usman with a broken cheek-bone and he had
been admitted to a private hospital. A case was registered against Usman,
accusing him of triggering the altercation.203
On 6 June 2018, Josuha Ngupok, aged 25 years, a resident of Kangkong
village under Lower Dibang Valley district of Arunachal Pradesh and
studying at the Himalayan University, Itanagar, was allegedly beaten up
by some unidentified persons from Assam side at the Assam-Arunachal
border at Shantipur in Tinsukia district of Assam following a quarrel.
They reportedly took him to the Shantipur police outpost of the Assam
Police. But instead of helping the victim, the Assam Police personnel
allegedly tortured him again without any reason. The victim sustained
serious injuries due to torture by the Assam Police and was admitted to a
hospital in Dibrugarh, where the doctors reportedly diagnosed him with
loss of cervical lordosis due to severe torture.204
On 9 June 2018, a tipper driver Umakant Palei and his helper were
allegedly tortured at Barbil Police Station in Keonjhar district of Odisha.
The police intercepted the vehicle belonging to Trishakti Logistics and
driven by the victims for allegedly driving through a No Entry Zone. On
interception police beat up the duo. Later, police took them to the Barbil
Police Station where they were again tortured. Umakant Palei sustained
injuries due to torture by the police and had to get admitted at Keonjhar
District Hospital for treatment.205
On 18 June 2018, Amulu, wife of Dasari Nagaprasad Babu, a CISF
Constable and resident of Malleswaram village in Krishna district in
Andhra Pradesh, in a written complaint filed with the District Collector
alleged that her husband was subjected to severe torture by police at
Machilipatnam since 11 June midnight after a scuffle with the Circle
Inspector of Police during the beach festival. Police arrested Babu along
with two other villagers on charge of assaulting the police officer and
creating nuisance during the beach festival.206
203
. Case against cops in Kerala for assaulting man, The Deccan Herald, 6 June 2018,
available at https://www.deccanherald.com/national/man-thrashed-police-after-road-
accident-kerala-673578.html
204
. Complaint lodged over police brutality, The Arunachal Times, 10 July 2018, available at
https://arunachaltimes.in/index.php/2018/07/10/complaint-lodged-over-police-brutality/
205
. Cops torture tipper driver, helper; protests against police action, Odisha Post, 10 June
2018, available at http://www.orissapost.com/cops-torture-tipper-driver-helper-protests-
against-police-action/
206
. Probe ordered into alleged torture of CISF constable, The Hindu, 19 June 2018, available
at https://www.thehindu.com/news/cities/Vijayawada/probe-ordered-into-alleged-torture-
of-cisf-constable/article24195934.ece
(57)
On 29 July 2018, Mohammad Billar Ali, a resident of Romdum in Mebo

subdivision in Arunachal Pradesh’s East Siang district, was allegedly
brutally assaulted by Assistant Sub Inspector NK Poddar at Mebo police
outpost. Ali alleged at that when he visited the police outpost at around
8 pm as some of his acquaintances were arrested, ASI Poddar shouted at
him and ordered his police personnel to beat him without any reason. In
a complaint addressed to the DIG (Central), the East Siang SP and the
Pasighat Police Station Officer-in-Charge, Ali alleged that when the other
policemen did not comply with the order Poddar himself assaulted him.
He sustained a fracture in one of his fingers and subsequently lost
consciousness and he regained consciousness at home. His wife said some
policemen drove and left and Ali home in an unconscious state.207
On 5 August 2018, seven Sikh youths were allegedly illegally confined
and tortured at Sanaur Police Station in Patiala district, Punjab. Assistant
Sub Inspector (ASI) Narinder Singh along with a constable reportedly
intercepted the youths, who are all in their 20s, on their way to attend a
religious function at Gurdwara Dukhniwaran Sahib in Patiala. Amardeep
Singh, one of the victims, alleged that the ASI was in an inebriated state
and started misbehaving with them at a petrol pump. When the youths
started making video of his unruly behaviour, ASI Narinder Singh broke
their mobile phones and then took them to the Sanaur Police Station
and kept them in illegal detention. Amardeep Singh claimed that the cop
assaulted them with sticks and leather belts. He alleged they were even
forced to trim each other’s pubic hair and thereafter the cop poured
liquor into his mouth. Amardeep had to be admitted to hospital after he
fell unconscious in the Police Station.208 Amidst protests from the
opposition parties, the Deputy Commissioner of Patiala ordered a
magisterial probe into the custodial torture case.209 Further, on 8 August,
the Patiala police registered an FIR against ASI Narinder Singh under
Sections 323 (voluntarily causing hurt) and 342 (wrongful confinement)
of the IPC. A departmental probe was also ordered against the SHO of
the Sanaur Police Station, Gurinder Singh Bal, for his “negligent” role in
the whole issue.210
207
. Man accuses Arunachal cop of assault, extortion, The Times of India, 15 July 2018,
available at https://timesofindia.indiatimes.com/topic/cop-accuses-son-of-assault
208
. ASI suspended for torturing 7 baptized Sikhs at Police Station, The Times of India, 7
August 2018
209
. Probe ordered into torture of youths in custody, The Tribune, 8 August 2018
210
.CUSTODIAL TORTURE - ASI booked, SHO faces probe - Preneet Kaur meets victim
in hospital, The Tribune, 9 August 2018
(58)
On 6 August 2018, third Additional Chief Metropolitan Magistrate

(ACMM) Court in Bengaluru, Karnataka, sent Amit Baddi and Ganesh
Miskin, two accused in journalist Gauri Lankesh murder case, for the
medical examination at Victoria Hospital, after the duo complained of
custodial torture. The court also transferred both from police custody to
judicial custody.211 Earlier, on 12 June 2018, the Karnataka High Court
had directed the magistrates of the first and third ACMM courts to submit
reports after advocate N P Amrutesh submitted an affidavit alleging his
client Amol Kale, another accused arrested in Gauri Lankesh murder case,
was beaten, slapped and punched on his cheek by police officers while in
custody.212
On 20 August 2018, three youths identified as Akshay, Suresh and Ashish
were allegedly tortured at Kotwali Police Station in Banswara city in
Rajasthan. The victims claimed that they were all innocent and were kept
in illegal custody for more than three days. During their detention they
were subjected to torture by the police in order to extract confessions to
a crime that they never committed. Due to unbearable third degree torture
one youth Akshay tried to commit suicide while in custody. The police
claimed that the three youths were arrested on 20 August 2018 in
connection with different cases and denied having perpetrated torture on
them.213
On 26 August 2018, M. Ilampiraiyaan, a Dalit aged 25 years, a resident
of Desikapuram in Virudhunagar district of Tamil Nadu, was arrested
and allegedly tortured in illegal detention at Rajapalayam South Police
Station in Madurai, Tamil Nadu. According to the victim, on the day of
the incident he was riding as second pillion on a motorcycle on
Rajapalayam-Sankarankoil highway. On seeing the police, his friend who
was driving the motorcycle asked him to get down and they sped away.
The policemen asked him to call his friends who sped away but since he
did not have a mobile phone, Ilampiraiyaan could not call his friends.
He alleged that the police after taking information about his caste and
villatge made casteist remarks and when he objected, they allegedly beat
him up. He was subsequently taken to Rajapalayam South Police Station,
211
. Gauri Lankesh murder case: 2 accused complain of custodial torture, Dailyhunt, 7
August 2018, available at https://m.dailyhunt.in/news/india/english/asian+age-epaper-
asianage/gauri+lankesh+murder+case+2+accused+complain+of+custodial+torture-
newsid-94094120
212
. Gauri Lankesh murder: Karnataka HC seeks report on ‘police torture’ of four accused,
The Indian Express, 19 June 2018, available at https://indianexpress.com/article/india/gauri-
lankesh-murder-karnataka-hc-seeks-report-on-police-torture-of-four-accused-5223650/
213
. 3 youths ‘tortured’ in police custody, The Times of India, 22 August 2018
(59)
where he was allegedly beaten up by at least six police personnel with

lathis (sticks) and kicked with boots. He was also framed in a false case of
obstructing government servant from discharging duty, criminal
intimidation etc.214 Due to torture the victim had be admitted at
Srivilliputtur Government Hospital and Government Rajaji Hospital.215
On 6 September 2018, Subhan Mirza, aged 62 years, a resident of
Danilimda in Ahmedabad in Gujarat, was admitted to VS Hospital after
he fell unconscious due to alleged torture by police. In a complaint filed
at Danilimda Police Station, the victim accused two constables of picking
him up on a false tip-off about illegal firearms and then beating him
mercilessly with belts when nothing was found on him. Mirza alleged
that both he and his brother Mustaq were threatened by the police not
to speak about the beating. Mirza alleged that two constables had come
in a car and picked him up from near Teen Batti in Danilimda and took
him to a police officer, where they allegedly beat him with belts because
of which he fainted. Thereafter, the policemen called his younger brother
Mustaq Mirza to take him home and while on the way home, the victim
fell unconscious and had to be rushed to VS Hospital.216
On 12 September 2018, Assistant Sub Inspector Rabindra Senapati and
constable Shiba Jani attached to Jagatsinghpur Police Station in
Jagatsinghpur district in Odisha illegally detained one Lingaraj Das of
Odisso village and his friend on the allegation of misbehaving with a
village head’s wife in an inebriated condition. The police allegedly tortured
Lingaraj Das despite him pleading innocence. Lingaraj sustained injuries
on his back due to alleged torture. Pursuant to an inquiry following a
complaint by the victim, Superintendent of Police, Jagatsinghpur,
suspended ASI Rabindra Senapati and constable Shiba Jani.217
On 8 October 2018, the police allegedly picked up Dadhi Kadarka, senior
member of the Niyamgiri Suraksha Samiti (NSS), from Munikhol
Panchayat office under Muniguda block of Rayagada district of Odisha
and took him to the office of the Superintendent of Police, Rayagada,
214
. Youth alleges torture, abuse by Virudhunagar police, The Hindu, 9 September 2018,
available at https://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/youth-alleges-
torture-abuse-by-virudhunagar-police/article24906372.ece
215
. Ibid
216
. 62-year-old man says policemen tortured him, The Times of India, 7 September 2018,
available at https://timesofindia.indiatimes.com/city/ahmedabad/62-year-old-man-says-
policemen-tortured-him/articleshow/65712432.cms
217
. ASI, constable suspended for assaulting youth in Jagatsinghpur PS, Pragativadi, 18
September 2018, available at http://pragativadi.com/asi-constable-suspended-for-assaulting-
youth-in-jagatsinghpur-ps/
(60)
where he was allegedly tortured. The victim was released the next day.
On 18 October 2018, the police allegedly abducted Jamu Gauda, another
NSS member, from Langigarh Market and took him to Muniguda Police
Station and Raigarh SP office where he was allegedly tortured. He was
released on the next day.218 On 20 October 2018, policemen in civil dress
allegedly picked up Lada Sikaka, the president of NSS, when he went to
Langigarh old market in Kalahandi district to sell oranges. He was
blindfolded and taken to the local Police Station where he was allegedly
tortured. He was released on the next day after taking his signature on a
blank paper. He said the police asked him to stop the protests his
organisation had planned before the Ragayagada District Collector’s office
against police repression and Maoist movements in the Niyamgiri Hills.219
On 5 November 2018 at about 11.30 PM, Sub Inspector (SI) Praful
Giri and constable Shailesh Parsekar attached to Pernem Police Station in
Goa allegedly tortured Kapil Satelkar, aged 21 years, for riding his
motorcycle in a no-entry zone. Satelkar alleged that he was forcibly pulled
off the motorcycle and slapped by the SI while the constable kicked on
his back and stomach. He was then allegedly dragged for 20 meters and
put into a police jeep and taken to the Pernem Police Station. Later he
was taken to the primary health centre (PHC) where the doctor allegedly
refesued to provide him first-aid at the behest of the police officers. Taking
cognizance of a complaint from the victim, the Goa Human Rights
Commission on 29 November 2018 issued notices to the DGP, the SP
(North), the health officer of the PHC in Parsem, and the accused SI and
constable attached to Pernem police station.220
On 4 December 2018, Ranjit Singh Masaun, a journalist working for a
web portal, was allegedly illegally detained and beaten up at Chheharta
Police Station in Amritsar district of Punjab. As a journalist the victim
had gone to the Police Station to cover a protest organised by family
members of those who were detained by the police in connection with a
firing incident in the area. Ranjit was allegedly beaten up by the police
for seeking to know the reasons for the detention of the youths.221
218
. NSS and Odisha Activists Demand Immediate Halt of Police Repression in Niyamgiri
Hills, Orissa diary, 26 October 2018, available at http://orissadiary.com/nss-odisha-activists-
demand-immediate-halt-police-repression-niyamgiri-hills/
219
. Ibid
220
. Third case of cop brutality: Rights body issues notice, The Times of India, 30 November
2018, available at https://timesofindia.indiatimes.com/city/goa/third-case-of-cop-brutality-
rights-body-issues-notice/articleshowprint/66872742.cms
221
. Scribe ‘manhandled’ at Police Station, The Tribune, 5 December 2018, available at
https://www.tribuneindia.com/news/amritsar/scribe-manhandled-at-police-station/
693546.html
(61)
On 14 December 2018, a video showing a police constable beating a

commuter on New Berry Road in Lucknow, Uttar Pradesh went viral on
social media. The constable identified as Kamlesh Kumar in uniform was
seen beating a youth allegedly for not wearing helmet while riding a
scooter. The video also showed a man standing next to Kumar beating
the commuter twice with a stick before letting him go. After the video
went viral, an FIR was lodged against the accused constable and he was
suspended.222
II. CUSTODIAL TORTURE OF DALITS AND TRIBALS

A. Custodial deaths
Dalits and tribals are considered to be at the lowest rung of the society
and despite the constitutional and legal protection given to them, they
had been victims of blatant human rights violations by the security forces.
Most of the victims who died in police custody during 2018 were arrested
in cases related to theft or robbery. Police either claimed the deceased had
committed suicide or died due to sudden medical complications. But in
most cases, the family members of the deceased alleged custodial torture
to be the chief reason for the deaths of their dear ones in police custody.
On 8 February 2018, Abinash Munda, a tribal youth, was allegedly

tortured to death at the Ainthapalli Police Station in Sambalpur district
of Odisha. He was arrested in connection with a theft case and the police
claimed that he committed suicide by hanging himself with a bed sheet
in the police lock-up.223 However, Munda’s family members alleged that
he was tortured to death in the Police Station. In protest, angry locals
vandalised Ainthapali Police Station and set it on fire on 9 February.224
On 14 February 2018, the body of Suresh alias MGR, aged 40 years, S/
o Ganapathi, a Dalit from Gandhi Nagar, Orikkai in Kancheepuram
district of Tamil Nadu, was reportedly found near the Kil Ambi lake in
Kancheepuram. As per news reports, six lorry drivers including Suresh
were arrested by the Special Force of the Tamil Nadu Police and taken to
Baluchettichatram Police Station on the night of 13 February. However,
222
. UP cop booked for thrashing man after video goes viral, The Times of India, 15 December
2018, available at https://timesofindia.indiatimes.com/city/lucknow/cop-booked-for-
thrashing-man-after-video-goes-viral/articleshowprint/67101771.cms
223
. Tribal youth commits suicide in police custody in Odisha, The Hindustan Times, 9
February 2018, available at https://www.hindustantimes.com/india-news/tribal-youth-
commits-suicide-in-police-custody-in-odisha/story-pmN85nvOCNdFw9drF73wQN.html
224
. Odisha: Mob attacks cops, sets fire to Police Station over ‘custodial death’ of tribal man,
The Hindustan Times, 9 February 2018
(62)
Suresh was not taken to the Police Station and his body was shown as
recovered from the lake at around 11.00 am of 14 February. At first, the
police allegedly tried to pass it off as an unknown body and totally
unrelated to the seizure of sand lorries. But the lorry he had driven was
recovered with the police.225 The family members alleged that Suresh was
tortured to death and his body thrown into Kil Ambi lake.226
On 15 February 2018, Devtadeen, a Dalit aged 40 years, died under

suspicious circumstances at the Kheri Police Station in Lakhimpur Kheri
district of Uttar Pradesh. He along with his brother-in-law was arrested
for quarrelling with each other on the night of 14 February. According to
the police, the deceased fell ill and died before getting any medical
treatment. However, his family members alleged that the police had
poisoned him to death and lodged a complaint against the Station House
Officer, Shamsher Bahadur Singh and Sub Inspector (SI) Ashok Tripathi.
SI Tripathi and head constable Radhe Lal were suspended for “negligence”
and a departmental inquiry was ordered against them.227
On 21 April 2018, Thiruvanchikkulam Yogesh, a Dalit aged 42 years, a
resident of Kalavarakkunnu near Varantharappilli in Thrissur district of
Kerala, died in a hospital while in the custody of the Tamil Nadu Police.
The Kerala Police stated that they were not informed by the Tamil Nadu
Police about the arrest of four Keralites including Yogesh from the state
by a Special Investigating Team (SIT) constituted by the Tamil Nadu
Police in connection with a highway robbery case. The robbery, involving
gold valued around Rs 3 crore, had taken place at Madukkarai in Tamil
Nadu. The Tamil Nadu Police claimed that Yogesh developed a chest
pain and he died in the hospital. But Yogesh’s family alleged that he died
due to custodial torture. Yogesh’s brother Babu alleged that he was picked
up by Tamil Nadu Police on 10 April 2018 but a case was registered only
on 14 April. Babu further stated that when they visited the deceased at
Coimbatore on 13 April “he was unable to walk and was on a wheelchair”.228
225
. Custodial Murder Of A Dalit Youth In Tamil Nadu, CounterCurrents.org, 15 February
2018, available at https://countercurrents.org/2018/02/15/custodial-murder-dalit-youth-
tamil-nadu/ and Dalit lorry driver killed by Tamil Nadu Special Forces in custody, alleges
family, TwoCircles.net, 16 February 2018, available at http://twocircles.net/2018feb16/
420900.html
226
. Dalit lorry driver killed by Tamil Nadu Special Forces in custody, alleges family,
TwoCircles.net, 16 February 2018, available at http://twocircles.net/2018feb16/420900.html
227
. SI, head constable suspended in Dalit man’s custodial death, The Times of India, 21
February 2018
228
. Dalit man dies in Tamil Nadu police custody, The Times of India, 23 April 2018, available
at https://timesofindia.indiatimes.com/city/kochi/dalit-man-dies-in-tamil-nadu-police-
custody/articleshowprint/63879157.cms
(63)
On 24 April 2018, Pradeep Raut, aged 48 years, died due to alleged

custodial torture at Kanjurmarg Police Station in Mumbai, Maharashtra.
Pradeep was lodged in the Thane central jail in case of defrauding people
acting as a life insurance agent. On 9 January 2018, he was brought to
the Kanjurmarg Police Station for questioning and the court later remanded
him in police custody till 14 March 2018. According to the deceased’s
son Jay, during the police custody, the investigating officer Shankar Bhore
of the Kanjurmarg Police Station demanded Rs 500,000 from the family
members of the deceased to let them off from the case. When Pradeep
refused to pay he was subjected to “third degree torture” by Mr Bhore in
front of the complainants. Pradeep’s lawyer Rajendra Raorane also stated
that after coming out of the court room on 14 March 2018, the deceased
informed him about “the police torture”. The lawyer met Assistant
Commissioner of Police of the Bhandup division, Shashank Sandbhor
and informed him about the torture. Pradeep was a diabetic and was on
insulin, but the jail authorities at the Thane central jail did not provide
him proper treatment as a result of which he developed gangrene on his
left foot and had to amputate three fingers of his left leg. On 24 April
2018 he succumbed to the injuries.229
On 28 May 2018, a Dalit woman identified as Soni, aged 22 years,
allegedly committed suicide in the police custody at Najibabad Police
Station in Bijnor district of Uttar Pradesh, hours after she and her lover
were detained from Najibabad railway station. Soni had eloped with
Mohammad Javed, aged 26 years, on 26 May 2018 following which a
missing complaint was lodged at Raipur Police Station in Dehradun,
Uttarakhand. The police claimed that the deceased committed suicide in
the middle of the night by hanging from the ceiling fan.230
On 13 July 2018, Murthy alias Thammaiah, a Dalit aged 45 years, died
due to alleged custodial torture at the Mandya West Police Station in
Mandya in Karnataka. The deceased was picked up by the police along
with two others on 9 July for interrogation in connection with motorcycle
theft cases. The police claimed that Murthy committed suicide by hanging
himself inside a bathroom of the Police Station around 5.30 AM on 13
July. But the family members of the deceased alleged that he was not
229
.Mumbai Custodial Death: Beaten Up, Denied Treatment, Diabetic Accused Dies; Cops
Under Scanner, available at https://www.mid-day.com/articles/beaten-up-in-custody-denied-
treatment-diabetic-accused-dies-kanjurmarg-cops-under-scanner/19372189
230
. On the run, Dehradun interfaith couple detained by Bijnor police; woman commits
suicide in custody, The Times of India, 29 May 2018, available at https://
timesofindia.indiatimes.com/city/meerut/on-the-run-dehradun-interfaith-couple-detained-by-
bijnor-police-woman-commits-suicide-in-custody/articleshowprint/64374993.cms
(64)
produced before the court and tortured to extract a confession. Another

accused in the case, Nagaraju, who secured bail on 10 July, confirmed
that they were tortured while in police custody.231 Four policemen namely
Station House Officer Madesh, Sub Inspector Anand Kumar, Constable
Mallikarjuna Jhalaki and Sentry Varadaraju were suspended over the
custodial death and a CID probe was ordered.232
On 16 August 2018, Sandeep, a Dalit aged 25 years, a resident of Ward
No. 4 Dudhiya Nagar in Rudrapur city under Udham Singh Nagar district
of Uttarakhand, died due to alleged torture in police custody after he
was unable to pay bribe. The deceased was arrested on 4 August 2018 in
connection with a theft case and sent to judicial custody on 7 August.
The deceased’s mother Munni Devi alleged that her son was tortured at
the Rampura police outpost before sending him to jail after they could
not pay Rs 50,000 as demanded by the police to release him. She claimed
that her son told her that he was tortured by the policemen at Rampura
police outpost. The post-mortem reportedly found the deceased’s
intestines damaged.233
On 19 August 2018, Lubaram Uttamaram, a Dalit aged 25 years, died
under mysterious circumstances, within 15 minutes of his arrest in a
vehicle theft case, at Dhanera Police Station under Banaskantha district
of Gujarat. The deceased was a migrant labourer from Barmer district of
Rajasthan. Deputy Superintendent of Police (Banaskantha) Pradip Sejal
said, “The man was arrested in connection with a vehicle theft case. He was
detained at a border check point in Dhanera for around 15 minutes, where he
hanged himself with a rope, which he had found at the spot, near a carton of
confiscated tiles.” But civil rights activists alleged that the deceased was
beaten to death. Dalit activist Dalpat Bhatia claimed that Uttamaram
was picked up by the police around afternoon and late in the evening,
when he was taken to the community hospital in Dhanera, doctors
declared him dead on arrival. Human rights activist Vasudev Charupa
claimed the police were trying to portray the killing as a case of suicide.234
231
. Man dies in police custody in Mandya, kin allege torture, The New Indian Express, 14
July 2018
232
. Lock-Up Death In Mandya: 4 Cops Suspended; CID Probe Ordered, The Star of Mysore,
16 July 2018
233
. Undertrial dies in Haldwani jail, family alleges ‘torture’ by cops, The Times of India, 18
August 2018
234
. Gujarat: Dalit man dies in police custody, activists claim he was beaten to death, Scroll.in,
20 August 2018, available at https://scroll.in/latest/891202/gujarat-dalit-man-dies-in-police-
custody-activists-claim-he-was-beaten-to-death
(65)
On 27 August 2018, Pappu Bheel, a tribal aged 30 years, died in the

custody of Sadar Police Station in Bundi district of Rajasthan. The
deceased, a resident of Namana village of Garnara in Bundi district, was
arrested on 26 August 2018 in connection with theft of a bike. On 27
August, he was taken to the district hospital in critical condition where
he died. Family members alleged that Pappu died due to custodial torture
by the police and demanded judicial inquiry into his death.235
On 11 September 2018, Govind, a Dalit aged 30 years, died due to
alleged torture in the custody of Rampur Kalan Police Station in Sitapur
district of Uttar Pradesh. The deceased, a resident of Kodri village under
Sitapur district, was picked up by the police in a case of domestic violence
against his wife Maya. Police claimed that a shopkeeper found a man
lying outside his shop, close to the Police Station, and the man was
identified as Govind. He was taken to a primary health centre where he
passed away. Govind’s family members alleged that he died because of
custodial torture.236 The police reportedly confirmed that the autopsy
report recorded minor injuries on the body. On 14 September, an FIR
was lodged against Station House officer (SHO) Ranjeet Singh Bhadouria
and other policemen on charges of murder at the Rampur Kala Police
Station.237
On 31 October 2018, Balraj Singh alias Raja, a Dalit aged 22 years, was
allegedly tortured to death at the Gidderbaha Police Station under Muktsar
district of Punjab. A case of abduction was registered against Raja on 21
October 2018 for eloping with a girl. The police arrested him on 31
October and within two hours of his arrest he was found dead inside the
lock-up. The police claimed that the deceased committed suicide by
hanging himself at the Police Station lock-up. The father of the deceased
Pappu Singh alleged that his son was tortured to death by the police
who hanged the dead body to make it look like a case of suicide.238
235
. Rajasthan me yihan police hirasat me adivasi yuvak ki sandigdh maut, sharir se bahar nikli
thi aatein, Patrika.com, 28 August 2018, available at https://www.patrika.com/bundi-news/
death-of-theft-accused-in-police-custody-in-bundi-3323053/
236
. Uttar Pradesh: Cops booked for custodial death of farmer, National Herald, 15 September
2018, available at https://www.nationalheraldindia.com/india/up-cops-booked-for-custodial-
death
237
. After death of Dalit in Sitapur, SHO booked for murder, The Indian Express, 16 September
2018
238
. Day after youth’s suicide in lock-up, kin block highway, Tribune, 2 November 2018,
available at https://www.tribuneindia.com/news/punjab/day-after-youth-s-suicide-in-lock-
up-kin-block-highway/677545.html
(66)
On 27 November 2018, Rajesh Kumar, a Dalit e-rickshaw driver, allegedly

committed suicide by hanging himself with a wire inside the lock-up of
the city Police Station of Jhajjar in Haryana hours after he was arrested.
The police claimed that the policemen had left the Police Station to
handle some agitation in the city and on their return; they found Rajesh
dead in the lock up.239 It was alleged by political parties that there was no
FIR against the deceased and that he was tortured to death.240 On 4
December 2018, Superintendent of Police Pankaj Nain suspended
Constable Sandeep Kumar and munshi Dinesh Kumar after they were
found guilty of dereliction of duty in a preliminary inquiry.241
On 2 December 2018, Bittu Shah, a resident of Guru Ram Dass Nagar
of Sultanwind Road in Amritsar in Punjab, was allegedly tortured to
death at the Gate Hakima Police Station in Amritsar city, Punjab. The
deceased was president of the Scheduled Caste wing of the Congress
Party from his ward. The family members of the deceased alleged that
Bittu Shah was tortured to death by the police personnel of Gate Hakima
Police Station after he was picked up at around 6 PM on 2 December
2018. The family members further alleged that they were informed to
come to the Police Station to take Bittu Shah whose health had
deteriorated. But when they reached the Police Station, he had already
died.242 On 3 December, the police booked Head Constable Avtar Singh
and Constable Navtej Singh on charges of culpable homicide not
amounting to murder in connection with the custodial death of Shah.243
On 26 December 2018, Bal Kishan, a Dalit aged 30 years, a resident of
Basi Sherpur village in Amroha district of Uttar Pradesh, was allegedly
tortured to death at the Dhanaura Police Station in Amroha district. The
deceased was picked up by the police on the night of 25 December for
questioning in a vehicle theft case. The police claimed that Kishan fell ill
while in custody and was rushed to the district hospital in the morning
of 26 December where he was declared dead on arrival. His wife Kunti
239
. Haryana: Politics heats up over death of youth in police custody, The Times of India, 2
December 2018
240
. In custodial death of Dalit youth, Kejriwal demands CBI probe, The Hindustan Times, 4
December 2018
241
. 2 cops suspended for custodial death, The Tribune, 5 December 2018, available at https:/
/www.tribuneindia.com/news/haryana/2-cops-suspended-for-custodial-death/693501.html
242
. Cong worker dies in custody- Kin pelt policemen with stones, two injured, The Tribune,
3 December 2018, available at https://www.tribuneindia.com/news/punjab/cong-worker-
dies-in-custody/692588.html
243
. Day after custodial death, 2 Amritsar cops booked, The Tribune, 4 December 2018,
available at https://www.tribuneindia.com/news/punjab/day-after-custodial-death-2-amritsar-
cops-booked/692974.html
(67)
Devi alleged that he was tortured to death by the police for not paying a
bribe of Rs 5 lakh demanded by the police to free him. She further claimed
that there were injury marks on Kishan’s body, on the back and thighs,
when the villagers went to the hospital.244 Eight police personnel, including
Dhanaura station in-charge Anand Mohan, a sub-inspector and constables,
were suspended after a preliminary enquiry.245
B. Torture not resulting in deaths

On 13 January 2018, the police picked up Jaswinder Kundora, a Dalit,
resident of Jhansa village under Pehowa Tehsil of Kurukshetra district in
Haryana, along with his youngest son and his nephew (both minors) in
connection with rape and murder of a 15-year-old Dalit girl. They were
picked up for interrogation immediately after the mutilated body of the
deceased girl from Jhansa village was found at a canal in Jind district. The
three were allegedly detained illegally for five days at the police lock-up
on the pretext of interrogation as Jaswinder’s son and the deceased girl
were said to be friends. Jaswinder alleged that the policemen stripped
him naked, tied him to a bench and forced his head into a bucket of
water. He also alleged that the police tortured his minor nephew in the
same manner while his minor son was slapped, beaten up and his legs
were spread apart and kicked in his private parts as well as given electric
shocks. Due to the torture, the three sustained injuries and could hardly
walk when they were released.246
On 23 January 2018, four tribal teenagers aged between 13 to 17 years
were allegedly illegally detained in police lock-up and tortured at Kamla
Nagar Police Station in Bhopal, Madhya Pradesh. The teenager accused
the police of framing them in a false case of jewellery theft.247
On 21 March 2018, Padmini Mallick and her husband Rabindra Mallick,
both tribals, were allegedly tortured at Boudh Police Station in Boudh
244
. Dalit man dies in custody in UP’s Amroha, The Telegraph, 27 December 2018, available
at https://www.telegraphindia.com/india/dalit-man-dies-in-custody-in-up-s-amroha/cid/
1680080
245
. Amroha: Eight cops suspended after youth ‘dies in custody’, The Indian Express, 27
December 2018, available at https://indianexpress.com/article/india/amroha-eight-cops-
suspended-after-youth-dies-in-custody-dalit-5511113/
246
. Jind rape-murder: Dead boy’s family says they were tortured by police, The Indian
Express, 20 January 2018, available at https://indianexpress.com/article/india/jind-rape-
murder-dead-boys-family-says-they-were-tortured-by-police-5032029/
247
. Police accused of beating up four teens in custody, The Times of India, 26 January 2018,
available at https://timesofindia.indiatimes.com/city/bhopal/police-accused-of-beating-up-
four-teens-in-custody/articleshow/62660793.cms
(68)
district of Odisha. The wife-husband duo alleged that in-charge of Boudh

Police Station Sub Inspector Priti Manjari Gadnaik beat them with a
lathi (stick) when she raided their home at Sarsara village in search of an
alleged accused person during the night of 20 March. The couple was
further taken to the Boudh Police Station and tortured again.248 Both
Padmini Mallick and her husband sustained injuries in the beating by SI
Gadnaik and admitted at the Boudh District Hospital for two days.249
On 22 May 2018, Odisha’s Director General of Police RP Sharma directed

Jagatsinghpur SP Prakash R to initiate “criminal action” against police
constables namely Atul Biswal, Premananda Barik and another policeman
for illegal detention and torture of members of a Dalit family of Atamala
village in Jagatsinghpur district of Odisha in March 2018.250 According
to reports, constable Atul Kumar Biswal and his colleagues allegedly beat
up Brundaban Behera and his son Jagannath Behera following a minor
incident at Hat Bazaar in Jagatsinghpur but the police arrested the father-
son duo on the charge of assaulting a police constable and tortured them
in custody. Later, constable Biswal also allegedly misbehaved with
Jagannath’s wife Baisali Behera. But the police refused to take any action.251
It was only after the DGP’s direction that the Jagatsinghpur police
registered a case under several section of the IPC against the accused police
personnel.252
On 26 May 2018, the police picked up Darshan, a Dalit and differently-

abled person, from his home in Telupura village under Firozepur district
of Punjab following a complaint filed by BJP Backward Classes cell’s
block vice-president Kashmir Singh Chauhan to the effect that someone
had stolen a submersible water pump from his factory. After arrest, the
victim was taken to Khuian Sarwar Police Station where he was allegedly
tortured during interrogation. Darshan sustained injuries due to alleged
248
. Lady Cop Turns Violent: Couple Alleges Torture Inside Police Station, Odisha TV, 22
March 2018, available at http://odishatv.in/odisha/body-slider/lady-cop-turns-violent-couple-
alleges-torture-inside-police-station-283641
249
. NHRC Case No. 1583/18/19/2018
250
. Police chief recommends action against errant cops, The New Indian Express, 24 May
2018, available at http://www.newindianexpress.com/states/odisha/2018/may/24/police-chief-
251
. Jagatsinghpur Dalit family calls off stir, The Pioneer, 1 May 2018, available at https://
www.dailypioneer.com/2018/state-editions/jagatsinghpur-dalit-family-calls-off-stir.html
252
. Police chief recommends action against errant cops, The New Indian Express, 24 May
2018, available at http://www.newindianexpress.com/states/odisha/2018/may/24/police-chief-
(69)
custodial torture and he was admitted at the Sub-Divisional Civil

Hospital, Abohar.253
In June 2018, a 17-year-old differently-abled Dalit boy was allegedly
illegally detained and tortured at Muktsar Sadar Police Station in Punjab.
The victim’s relative Dharmavir said the boy had lost his sheep and while
searching for it he tried to drink water from the tap belonging to an
upper caste. He was caught and tortured including by giving electric
shocks by the accused belonging to dominant caste before handing over
to the police. The police detained the minor Dalit boy and allegedly
tortured him at Muktsar Sadar Police Station for three days. The victim
was released from backdoor only after the media and social activists
stormed the Police Station.254
On 23 July 2018, Preeti, a Dalit woman aged 20 years, alleged that she
was tortured during two-day police remand at the Talwandi Sabo Police
Station in Bathinda district of Punjab. She was arrested along with her
aunt Amarjit Kaur on the charges of blackmailing on 20 July. When the
victim was produced before the Judicial Magistrate First Class, her counsel
Sanjiv Kumar informed about the torture before the judge and the judge
directed the police to get her medically examined before sending her to
the judicial remand.255
On 5 December 2018, Umesh Solanki, a Dalit aged 33 years, was picked
up by the police from a shop at Geeta Mandir area of Ahmedabad, Gujarat
for questioning regarding a case of gambling filed against him. He was
detained at Kagdapith Police Station in Ahmedabad and allegedly subjected
to torture. Solanki claimed that the policemen took him to the Police
Station through the exit where there were no CCTV cameras and he was
beaten the whole night and denied water to drink after he refused to pay
Rs 70,000 as bribe. He alleged that constable Prakash Rathod of
Behrampura police chowky also beat up his sister who went to the Police
Station to enquire about his arrest. In the afternoon of 6 December, the
253
. Differently abled Dalit man alleges torture in custody, The Tribune, 28 May 2018,
available at http://www.tribuneindia.com/news/punjab/differently-abled-dalit-man-alleges-
torture-in-custody/596114.html
254
. Dalit boy thrashed, given electrical shocks in Punjab for allegedly stealing two cold drink
bottles, India Today, 20 June 2018, available at https://www.indiatoday.in/india/story/dalit-
boy-thrashed-given-electrical-shocks-in-punjab-for-allegedly-stealing-two-cold-drink-bottles-
1265323-2018-06-20
255
. Dalit woman alleges torture during 2-day police remand, The Times of India, 24 July
2018, available at https://timesofindia.indiatimes.com/city/amritsar/dalit-woman-alleges-
torture-during-2-day-police-remand/articleshow/65110694.cms
(70)
police took Solanki to LG Hospital where he was allegedly made to sign

a blank paper before he was released.256
The tribal women have been subjected to torture and sexual violence by
the security forces in Maoist-affected regions. According to a fact-finding
team of the Women against Sexual Violence and State Repression (WSS)
and the Coordination of Democratic Rights Organisations (CDRO),
the Jharkhand Police raided Ghaghra village in Khunti district on 26
June 2018 on the pretext of arresting three Pathalgarhi movement leaders
in the incident of the rape of five women. The tribal villagers were allegedly
tortured and one identified as Mr Birsa Munda died on the spot after
being hit on the head with a baton. On 27 June, a 1000-member force
drawn from the Central Reserve Police Force, Rapid Action Force,
Jharkhand Action Force and other units raided Ghaghra and seven
neighbouring villages. The WSS and CDRO fact-finding team found
that “[…] the security forces unleashed brutal violence in the form of beatings
and atrocities on men, women and children, lathi-charge, tear-gassing and
rubber pellet shootings, and also raided the homes of the residents. Women who
were fleeing from the violence were caught and assaulted. One woman was
dragged, molested and her clothes torn by the forces. There is a confirmed account
of at least one woman having been raped, with indications of numerous other
rapes and molestations in neighbouring villages.”257
III. CUSTODIAL TORTURE OF WOMEN

Torture of women in custody including rape is reported regularly in India.
Custodial rape remains one of the worst forms of torture perpetrated on
women by law enforcement personnel.
A. Tortured to death
Cases documented by ACHR in 2018 show that the majority of the
victims of custodial deaths among women belonged to weaker section of
the society such as Dalits, tribals and poor who mostly worked as domestic
help or did petty jobs to earn a livelihood. In some cases, torture also
allegedly led to suicide by the victims outside the police custody.
256
. Dalit man in hospital after ‘cops thrash him all night’, The Ahmadabad Mirror, 8 December
2018, available at https://ahmedabadmirror.indiatimes.com/ahmedabad/others/dalit-man-
in-hospital-after-cops-thrash-him-all-night/articleshowprint/66993761.cms?prtpage=1
257
. Press Release of the CDRO and WSS fact finding of Khunti, Ghagra, Palamu Tiger
Reserve and Sedition Cases, 19 August 2018, available at https://wssnet.org/2018/08/21/
press-release-of-the-cdro-and-wss-fact-finding-of-khunti-ghagra-palamu-tiger-reserve-and-
sedition-cases/
(71)
On 15 January 2018, a housemaid Mariammal, aged 54 years, a native of

Rajapalayam in Virudhunagar district in Tamil Nadu, died due to alleged
torture at Kalpakkam Police Station in Kanchipuram district of Tamil
Nadu. The deceased was arrested from her village on 14 January 2018 on
suspicion of stealing 15 sovereign worth gold jewellery from her employer
in Kalpakkam Township and brought to the Kalpakkam Police Station
for interrogation. Police claimed that during interrogation, Mariammal
complained of chest pain and was taken to a nearby clinic and was referred
to a private hospital in Kelambakkam where she died in the early morning
of 15 January.258
On 20 January 2018, Madhuri Nirbhavane, aged 21 years and Third Year
B.Com student, allegedly committed suicide at her residence in Ramabai
Ambedkar Nagar under Tokawade Police Station in Maharashtra’s Thane
district after alleged torture by police during interrogation in connection
with a murder case the previous day. Madhuri’s parents, Ramesh and
Sandhya, alleged that she took her life after being subjected to torture,
intimidation and humiliation by the police.259
On 7 March 2018, Usha, aged 30 years, who was four-month pregnant,
was killed after crashing on the road in Tiruchirappalli in Tamil Nadu
after a Traffic Police Inspector allegedly kicked the motorcycle she was
riding pillion for not wearing a helmet. The husband of the deceased
stated that despite the traffic police allowing them to go, the accused
traffic inspector identified as Kamaraj chased and kicked their bike leading
to death of his wife. Inspector Kamaraj was arrested for culpable homicide
not amounting to murder.260
On 29 April 2018, the police picked up Sattan Yadav, a bus driver in a
private school, and his wife Kavita along with their two kids from their
house in Hoshiyarpur under Sector 51, Noida, Uttar Pradesh for
questioning in connection with a case of theft of jewellery worth Rs 2.5
lakhs from a guest house in Noida. While the kids were brought back
home from the Police Station by a family member of Sattan, Kavita
258
. Chennai: Woman held for theft dies in police custody, The Deccan Chronicle, 16 January
2018, available at https://www.deccanchronicle.com/nation/current-affairs/160118/chennai-
woman-held-for-theft-dies-in-police-custody.html
259
. 21-YR-OLD KILLS SELF; PARENTS CLAIM POLICE ‘TORTURED’ HER, The
Mumbai Mirror, 23 January 2018, available at https://mumbaimirror.indiatimes.com/mumbai/
crime/21-yr-old-kills-self-parents-claim-police-tortured-her/articleshow/62611460.cms
260
. Tamil Nadu: Pregnant woman riding pillion dies after police kicks her bike, cop arrested,
The Indian Express, 8 March 2018, available at https://indianexpress.com/article/cities/city-
others/tamil-nadu-pregnant-woman-riding-pillion-dies-after-police-kicks-her-bike-cop-
arrested-5090828/
(72)
remained in police custody along with her husband and she died on 1
May 2018 morning at a Noida hospital under mysterious circumstances.
Sattan’s sister Krishna claimed police officials had allegedly demanded a
bribe of Rs 5 lakh to free the couple.261
On 21 May 2018, Jasveer Kaur, aged 21 years, a resident of Dadu village
in Sirsa district of Haryana, died under mysterious circumstances in
Balianwali Police Station in Bathinda district of Punjab. The police
allegedly took the thumb impression on blank papers from the deceased’s
illiterate mother and termed the incident as suicide. Deceased’s mother
Malkit Kaur said her daughter died due to police torture at the Balianwali
police station but the police projected it as a suicide case.262
On 30 November 2018, Pushpa Devi, a Dalit woman aged 65 years,
died due to alleged torture at Uttar Police Station in Firozabad district of
Uttar Pradesh. The police claimed that she complained of chest pain and
died in a hospital. But refuting this claim, the deceased’s son Umashankar
Lal said, “A police team took me, mother and my wife Poonam to the Police
Station after our neighbour Akash Dayal lodged a fake complaint, alleging
that my family was involved in selling illicit liquor. Cops tortured and assaulted
my mother in front of me and she died in the Police Station”.263
B. Torture not resulting in death

Many women were also subjected to torture by police and security forces.
An analysis of the cases shows that the majority victims belong to weaker
sections of the society, such as tribals, dalits and poor.
On 10 March 2018, two journalists and a dozen of Mizo students were

injured when Assam police resorted to lathicharge to disperse over 100
students in a disputed territory near Bhairabi town in Kolasib district
along Mizoram-Assam border. Emmy C Lawbei, a reporter of the News
18 and Catherine C. Sangi, correspondent of All India Radio were among
those injured in the police action. Lawbei said that the Assam Police
261
. Noida family claims woman died after torture in police custody, cops deny, The Hindustan
Times, 2 May 2018, available at https://www.hindustantimes.com/noida/noida-family-claims-
woman-died-after-torture-in-police-custody-cops-deny/story-ewRipnuWxCEGdqz
4eXRJgL.html
262
. GIRL’S DEATH AT POLICE STATION- HC summons Bathinda SSP, The Tribune, 26
July 2018, available at https://www.tribuneindia.com/news/bathinda/hc-summons-bathinda-
ssp/626538.html
263
. Elderly Dalit woman dies in Firozabad Police Station, family alleges torture by cops, The
Times of India, 2 December 2018, available at https://timesofindia.indiatimes.com/city/
agra/elderly-woman-dies-in-firozabad-police-station-family-alleges-torture/articleshowprint/
66900166.cms
(73)
personnel were indulging in indiscriminate attack on all the Mizos present

there including members of the press despite showing their press cards.
Earlier on 8 March, at least 20 persons were injured when Assam police
lathi-charged Mizo Zirlai Pawl members who were trying to reconstruct
a rest house at a disputed place along the Mizoram-Assam border near
Bairabi town in Kolasib district.264
On 7 April 2018, a woman (name not disclosed), aged 35 years, mother
of a six-year-old boy, was allegedly kept in illegal detention and tortured
by male police personnel over a domestic issue. She alleged that she was
detained for the night at Salem Tabri Police Station in Ludhiana city,
Punjab and was molested and beaten by male policemen. In a complaint
before the Assistant Commissioner of Police (ACP), she alleged that no
woman police officer was present at the Police Station when she was
allegedly kept in illegal custody the whole night. The Station House
Officer (SHO) of Salem Tabri Police Station confirmed that the victim
was detained for a night and released on the next morning.265
On 20 April 2018, a tribal woman named Tara Devi, aged about 70
years, resident of Badsi village in Hisar district of Haryana was allegedly
tortured in the custody of Hansi Police Station in Hisar district after she
was arrested in connection with a theft case. The Haryana State
Commission for Women confirmed that the victim was subjected to
custodial torture.266
On 6 May 2018, two sisters were allegedly tortured in detention at the
Nayapalli Police Station in capital Bhubaneswar, Odisha. The victims
claimed the police dragged them to the Police Station following a group
clash over land dispute and confined them to a room at the Police Station
for around two hours. During detention they were allegedly beaten with
plastic pipes. The two sisters sustained injuries on their bodies and shared
a video in social media.267 After the video went viral, the inspector-in-
charge of Nayapalli Police Station, Sangram Patnaik, and two women
264
. Woman journalist injured as Assam police lathicharge in Mizoram border, Northeast
Now, 10 March 2018, available at https://nenow.in/north-east-news/two-journalists-injured-
as-assam-police-lathicharge-in-mizoram-border.html
265
. Ludhiana woman alleges assault in Police Station, The Times of India, 10 April 2018,
available at https://timesofindia.indiatimes.com/city/ludhiana/ludhiana-woman-alleges-
assault-in-police-station/articleshow/63692452.cms
266
. 70-year-old woman ‘tortured’ in custody, The Tribune, 25 April 2018, available at https:/
/www.tribuneindia.com/news/haryana/70-year-old-woman-tortured-in-custody/579198.html
26 7
. Cop shift after assault cry, Telegraph, 13 May 2018, available at https://
www.telegraphindia.com/states/odisha/cop-shift-after-assault-cry/cid/1414430
(74)
sub-inspectors, Minati Nayak and Sasmita Dhal, were transferred to

Reserve Police. 268 On 29 June 2018, the Odisha Human Rights
Commission issued summons for personal appearance to the accused
police officials.269
On 12 May 2018, Reshma Bawanpalli, aged 25 years, was allegedly
tortured at D.N. Nagar Police Station in Mumbai, Maharashtra. The
victim alleged that a woman officer stripped her in front of male officers
and a male officer physically assaulted her270 due to which she suffered
fractures in her fingers and injuries in her ears. She was tortured for writing
a letter to the higher authorities against alleged illegal detention of a 17-
year-old cousin of one of her colleagues, Melward Fernandez.271
On 14 May 2018, Sarita, aged 45 years, a resident of Nauraspur in Loni
Ghaziabad district of Uttar Pradesh, died at Guru Tek Bahadur Hospital
in east Delhi following alleged custodial torture at Tronica City Police
Station in Ghaziabad district. However, the police denied the allegations
levelled by the family of the victim. However, the victim’s 16-year-old
daughter alleged that her mother, who was accused in a murder case, was
tortured by the police at the time of arrest and she succumbed to her
injuries. 272
On 22 September 2018, two Punjab crime branch officials identified as
Palwinder Singh and Ravinder Singh (both inspector rank) allegedly
tortured Jaswinder Kaur, aged 32 years, at her house at Shehzada village
under Majitha-3 Tehsil in Amritsar District of Punjab. The police allegedly
tortured the victim after they did not find her husband Gurwinder Singh
and father-in-law Balwinder Singh whom they came looking for in
connection with an old case. Again on 25 September 2018, the said
officials barged into her house looking for her husband and father-in-law
268
. Assault on girls: Nayapalli IIC, two women SIs transferred, Pragativadi, 13 May 2018,
available at http://pragativadi.com/assault-on-girls-nayapalli-iic-two-women-sis-transferred/
269
. Assault On Girls: OHRC Directs 3 Police Officials To Depose On July 10, Odisha TV, 29
June 2018, available at https://odishatv.in/odisha/assault-on-girls-ohrc-directs-3-police-
officials-to-depose-on-july-10-305498
270
. The gym trainer also alleged that on May 12, she was assaulted by one of the officers;
Hindustan Times, 12 August 2018, available at https://www.hindustantimes.com/mumbai-
ne ws/m umba i-w oman-str ipped-i n-polic e-st ation-hc-or ders -pr obe/ stor y-
9Up7fDxthfdNYTFIeerJFL.html
271
. HC asks DCP to inquire into charges of custodial torture, The Hindu, 27 September
2018, available at https://www.thehindu.com/news/cities/mumbai/hc-asks-dcp-to-inquire-
into-charges-of-custodial-torture/article25052508.ece
272
. Woman dies in judicial custody, kin allege torture, The Times of India, 15 May 2018,
available at https://timesofindia.indiatimes.com/city/noida/woman-sent-to-judicial-custody-
(75)
and not finding them they allegedly dragged her out from the house and
thrashed her badly. Thereafter, they allegedly forcibly made her sit on the
roof top of their jeep and took her around the village. She allegedly fell
from the police jeep and suffered serious injuries on her head, hands and
other body parts.273 Pursuant to petition filed by father-in-law of the
victim, the Punjab and Haryana High Court on 28 September 2018
issued notices to Punjab DGP, SSP Amritsar (Rural) and other officers.274
On 2 October 2018, three women identified as Mamta Meher, aged 25

years, Alisha Pillai, aged 23 years, and Kamal Shrivastava, aged 22 years,
were arrested for allegedly creating a ruckus and assaulting policemen
and allegedly tortured in the lock-up in Bhayander police station in Thane,
Maharashtra. Their lawyer, Edgar Braganza, alleged that the three women
were beaten by a male constable with belts in the lock-up leaving welt
marks on their bodies, including on the back, legs, shoulders, hands,
palms, elbows and knees.275
On 10 October 2018, Manju Singh Chauhan, aged 35 years, and her
husband Dhan Singh, aged 40 years, were allegedly illegally detained
and tortured by policemen at Kavi Nagar Police Station in Ghaziabad,
Uttar Pradesh. The husband wife duo was inside their car at Kendraya
Vidyalaya in Kamala Nehru Nagar area when sub-inspector Balram Singh
Sengar and an unidentified constable accosted them and asked unnecessary
and objectionable questions. When objected, the cops allegedly beat up
Manju and her husband. Thereafter, the couple was taken to Kavi Nagar
Police Station and detained throughout the night during which they
were allegedly tortured by Sub Inspector Balram Singh Sengar, Senior
Sub Inspector Hindveer Singh and Station House Officer Pradeep Kumar
Tripathi.276 On a complaint by Manju Singh Chauhan, the Senior
Superintendent of Police, Ghaziabad, suspended Kavi Nagar SHO Pradeep
Kumar Tripathi, SI Balram Singh Sengar and Senior SI Hindveer Singh
273
. Forced to sit atop Punjab police jeep, woman falls off, injured, The Hindustan Times, 27
September 2018, available at https://www.hindustantimes.com/punjab/woman-injured-after-
falling-off-speeding-punjab-police-jeep/story-FN7NYQX5gIxLqae6bX9pyI.html
274
. Woman ‘paraded’ atop jeep: HC issues notice to DGP, Amritsar SSP, The Tribune, 28
September 2018, available at https://www.tribuneindia.com/news/punjab/woman-paraded-
atop-jeep-hc-issues-notice-to-dgp-amritsar-ssp/660194.html
275
. Mumbai: Arrested Mira Road youth accuse police of torture, The Times of India, 4
October 2018, available at https://timesofindia.indiatimes.com/city/mumbai/mumbai-
arrested-mira-road-youth-accuse-police-of-torture/articleshow/66061615.cms
276
. Couple ‘beaten up’ at Police Station, 3 cops suspended, Times of India, 12 October 2018,
available at https://timesofindia.indiatimes.com/city/ghaziabad/couple-beaten-up-at-police-
station-3-cops-suspended/articleshowprint/66171154.cms
(76)
after finding them guilty of misbehavior and implicating the complainant

and her husband in a false case.277
On 14 October 2018, a 60-year-old woman and her 27-year-old daughter,
arrested on the charges of theft, were allegedly stripped naked and tortured
by a woman police officer in front of male police officials at City Kotwali
Police Station in Bilaspur, Chhattisgarh. The matter came to light when
both the victims were produced before the Court where they narrated
traumatic tale of police brutality. The Court while ordering an enquiry
by a gazetted officer mentioned about injuries of the victims and that
they were unable to walk. Based on the media report, the NHRC issued
a notice to the Director General of Police, Chhattisgarh, calling for report
in the matter within four weeks along with action taken against the guilty
police personnel.278
On 25 October 2018, Salika, aged 44 years, was allegedly tortured by
the police in illegal detention at Bajpe Police Station in Mangaluru city
of Karnataka. Inspector Parashiva Murthy summoned her to Bajpe Police
Station to question her about the whereabouts of her husband, who had
been absconding after charges of rape under the POSCO Act was registered
against him in 2017. The victim alleged that Inspector Parashiva Murthy
tortured her by hitting with a plate on her head during interrogation as
a result of which she sustained injuries.279
In the last week of October 2018, Balbir Kaur was allegedly tortured at
Ranjit Avenue Police Station in Amritsar, Punjab. The victim, a resident
of Dhariwal Kalan village in Ajnala in Amritsar was summoned to Ranjit
Avenue Police Station for questioning after some unknown thieves had
decamped with cash and jewellery from the house where she worked as a
domestic maid around mid October. The victim alleged that police
personnel tortured her in custody. Her mother-in-law claimed that Balbir
Kaur sustained injuries and was not able to walk due to torture by the
police and she had been under treatment at the Civil Hospital since her
release from illegal detention. She was released only after members of
277
. SHO, 2 SIs suspended for implicating couple in false case in Gzb, The Pioneer, 12
October 2018, available at https://www.dailypioneer.com/2018/state-editions/sho—2-sis-
suspended-for-implicating-couple-in-false-case-in-gzb.html
278
. NHRC notice to the Director General of Police, Chhattisgarh over reported stripping off
two women and their torture in police custody in Bilaspur on 22.10.2018, available at http:/
/www.nhrc.nic.in/media/press-release/nhrc-notice-director-general-police-chhattisgarh-over-
reported-stripping-two
279
. Police inspector booked for assaulting woman, Times of India, 28 October 2018, available
at https://timesofindia.indiatimes.com/city/mangaluru/police-inspector-booked-for-
assaulting-woman/articleshowprint/66395671.cms
(77)
Gharelu Mazdoor Ekta Union, Daswinder Kaur and Manjit Kaur,

protested outside Ranjit Avenue Police Station.280
C. Sexual assaults including rape

Women are particularly vulnerable in the custody of the security forces
due to their gender. The gender based violence includes sexual assaults
including rape.
On 22 January 2018, a Constable identified as V Bhavi of the 99th

Battalion of the Border Security Force (BSF) allegedly molested a
Bangladeshi woman on board the cross-border Maitree Express after the
train left Kolkata for Bangladesh’s capital Dhaka. Following a complaint
by the victim’s husband, the accused BSF constable was suspended.281
In May 2018, Naveen Kumar, posted as Sub-Inspector in the Cyber Cell
of Chandigarh Police allegedly raped a Mumbai based model at a hotel at
industrial area in Chandigarh. The rape survivor alleged that she came in
contact with the accused SI during investigation of her complaint of
duping of Rs 10 lakh by one Rahul, a resident of Dhanas in Chandigarh
on the pretext of getting her assignments in Punjabi film industry. Rahul
had allegedly told the survivor that he was photographer in the Punjabi
film industry. A case was registered against Kumar in October 2018 and
he was dismissed from service. The police stated that Kumar had been
threatening the survivor with dire consequences if she disclosed the rape
to anyone.282
On 9 June 2018, the State Government of Bihar placed S.A. Hashmi,
Deputy Superintendent of Police, Patna Town, under suspension on
accusations of seeking sexual favours from a 20-year-old girl who met
Hasmi with a complaint that the Police Station concerned was not
registering an FIR which her parents wanted to lodge in some connection.
A state government notification stated that “Mr. S A Hashmi, the Deputy
Superintendent of Police, Patna Town, is being suspended with immediate effect
upon being found guilty, prima facie, of dereliction of duty, moral turpitude,
280
. Accused of theft, domestic help alleges torture at Police Station, The Tribune, 30 October
2018, available at https://www.tribuneindia.com/news/amritsar/accused-of-theft-domestic-
help-alleges-torture-at-police-station/675777.html
281
. BSF jawan suspended for molesting Bangladeshi woman on Maitree Express, The Indian
Express, 24 January 2018, available at https://indianexpress.com/article/india/bsf-jawan-
suspended-for-molesting-bangladeshi-woman-on-maitree-express-5036397/
282
. Chandigarh: Dismissed SI gets anticipatory bail in rape case, The Indian Express, 23
November 2018, available at https://indianexpress.com/article/cities/chandigarh/dismissed-
si-gets-anticipatory-bail-in-rape-case-5460440/
(78)
dubious conduct and indiscipline”. The suspension order came pursuant to

a probe held against him by ADG (Headquarters) S K Singhal on 3 June
2018 after an audio clip, wherein Hasmi was purportedly seeking sexual
favours from a young woman, went viral.283
On 10 August 2018, constable Minesh Bhunekar posted with the crime
branch was booked for alleged rape and torture of an undertrial woman
prisoner at Santrampur Police Station in Mahisagar district of Gujarat.
The woman alleged she was tortured and raped after being taken into
police custody on the afternoon of 29 May 2018. According to the victim,
on that fateful day Bhunekar came to the room and told the police woman
presents there to leave as he wanted to interrogate her in connection
with the murder case. She was then tortured by three policemen. She
alleged that she was given electric shocks, was beaten and her hands were
pierced with pins. To reduce the swelling on her hands, ice was later
applied to them. The policemen returned after two or three days and
Bhunekar told her to remove her clothes. She alleged that she did so as
she was afraid of being beaten up again and Bhunekar then raped her. The
two other policemen kept vigil at the door and left with Bhunekar after
the act.284 A special investigation team (SIT) was constituted to investigate
the case.285
On 14 and 15 September 2018, Mohan Doley, an Assistant Sub-Inspector

posted at Satgaon Police Station in Guwahati allegedly sexually assaulted
two women when the victims had gone to the Police Station. The first
victim – in her late thirties – had gone to register a case of domestic
violence while the second victim girl had gone to the Police Station on
the night of September 15 after her brother was picked up by the police
in connection with a case.286 The victims had complained and taking
cognizance the Police Commissioner, Pradip Chandra Saloi had asked the
Noonmati Assistant Commissioner of Police, Purabi Mazumdar to conduct
an inquiry and submit a report. The inquiry conducted by ACP, Noonmati
found sufficient evidence against the ASI, Mohan Doley after which he
was suspended. A case was also registered under Section 354 of IPC
283
. Bihar Police Official Suspended For Seeking Sexual Favours From Complainant,
NDTV.com, 9 June 2018, available at https://www.ndtv.com/india-news/bihar-police-official-
suspended-for-seeking-sexual-favours-from-complainant-1864734
284
. Three Mahisagar cops booked for custodial rape, The Times of India, 12 August 2018
285
. Woman undertrial alleges rape by cop, The Times of India, 11 August 2018, available at
https://timesofindia.indiatimes.com/city/vadodara/woman-undertrial-alleges-rape-by-cop/
286
. ASI suspended for outraging modesty of two women, The Assam Tribune, 20 September
2018, available at http://www.assamtribune.com/scripts/detailsnew.asp?id=sep2018/city053
(79)
(assault or criminal force to woman with intent to outrage her modesty).

Doley had absconded after the case was registered and was later arrested
from Six Mile.287
On 22 November 2018, a 26-year-old rape survivor filed a complaint of
rape against Sub Inspector Rohan Ganjari posted at Kongaon Police
Station in Thane district of Maharashtra. The rape survivor had filed an
FIR against one Rabiya and his friend but the police falsely added the
name of her boyfriend, Satish into the FIR and SI Rohan Ganjari then
arrested Satish. When the rape survivor requested for release of her
boyfriend Satish, SI Rohan Ganjari allegedly demanded sexual favours
from her to remove Satish’s name from the rape case. The survivor alleged
that on 8 August 2018, SI Rohan Ganjari took her to a hotel and raped
her. Thereafter, the accused SI allegedly continued to demand sexual favours
regularly from the victim and blackmailed her.288
IV. CUSTODIAL TORTURE OF CHILDREN

Across India, the Juvenile Justice (Care and Protection of Children) Act,
2000 as amended upto date remains poorly implemented. The Act protects
the rights of the “juveniles in conflict with law” and the “child in need of
care and protection”. The lack of implementation of the JJ Act means
that children are often illegally detained at Police Stations and prisons,
and subjected to torture.
A. Custodial death of children

Illegal detention and torture of juveniles in conflict with law were
common place. Torture like hitting in the testicles to giving electric shocks
in private parts resulted in the deaths of a number of children in custody.
ACHR documented a number of cases of custodial torture of juveniles

during 2018. The cases revealed that the large majority of victims of
torture among juveniles are from the weaker sections of the society viz.
Dalits, tribals, religious minorities, poor etc.
On 14 July 2018, Sachin Ravindra Jaiswar, aged 17 years, a Class IX
student, died due to alleged torture by the police after he was arrested in
287
. Multiple sexual assaults inside Guwahati Police Station, ASI arrested, Guwahati Plus
News, 20 September 2018, available at http://www.guwahatiplus.com/daily-news/multiple-
sexual-assaults-inside-guwahati-police-station-asi-arrested
288
. Maharashtra: Cop on the run after raping young rape complainant, Times of India, 24
November 2018, available at https://timesofindia.indiatimes.com/city/thane/maharashtra-
cop-on-the-run-after-raping-young-rape-complainant/articleshow/66779228.cms
(80)
connection with a mobile theft case registered at Dharavi Police Station

in Mumbai, Maharashtra. The family members alleged that Sachin died
due to internal injuries sustained during the 22-hour illegal detention
and torture. Sachin’s brother Sunil Jaiswar stated that the deceased was
picked up from his home at around 1 am on 13 July 2018 without
giving any reason. After his release he vomited blood and doctors told
the family members that he was bleeding from his lungs.289
On the night of 21 November 2018, at around 2 AM, Sarif Sekh, a 10th
standard student of Fatullapur High School, was caught by the BSF
personnel when he went to a nearby open field to defecate at Fatullapur
under Raghunathgunj Police Station in Murshidabad district of West
Bengal. Despite identifying himself as a student, he was allegedly tortured
by Sujoy Singh Rana, Subedar; Anil Kumar, Sub Inspector; and C.R
Tarki, Assistant Sub Inspector belonging to the Bhagirathi Patlatola Border
Out Post (BOP) of ‘F‘ Company of BSF, Battalion No. 180. Apart from
hitting with stick and rifle butts, the BSF personnel allegedly kicked on
the victim’s testicles. Due to torture Sarif became unconscious. After
hearing his screams the villagers rushed to the spot and took him to the
Jangipur Sub-divisional Hospital. At the hospital, the boy told his mother
that BSF personnel put off his trouser and underwear and kicked on his
private organ. He reportedly suffered multiple injuries throughout his
body and fractured limbs and died at the hospital at 8.30 AM on 21
November 2018.290
On 13 April 2019, a 17-year-old died at JJ Hospital in Mumbai in the
custody of Government Railway Police (GRP), Wadala in Mumbai,
Maharashtra. He was apprehended by the Railway Protection Force (RPF),
Kurla on 3 April on suspicion of theft and handed over to the Government
Railway Police (GRP) a day later. The mother of the boy, a resident of
Mankhurd, Mumbai alleged that her son died due to torture by police.
She claimed that when she went to meet her son at the Dongri observation
home on 5 April, he told her that officers of Kurla RPF had beaten him
before handing him over to Wadala GRP. The Wadala GRP had later
produced him before the Juvenile Justice Board (JJB), Mumbai city.291
289
. Dharavi Teen Death: Custodial Death Shadow Haunts Cops As 17-Year-Old Dies, The
Mid-Day, 23 July 2018
290
291
. Mumbai: 17-yr-old theft suspect dies, family alleges torture by cops, The Indian Express,
15 April 2018, available at https://indianexpress.com/article/cities/mumbai/mumbai-boy-
theft-suspect-dies-family-alleges-torture-by-cops-5137790/
(81)
In the midnight of 12 July 2018 at around 1 AM, the police picked up a

minor boy identified as Sachin Ravindra Jaiswar, aged 17 years, from his
home for questioning in a mobile theft case registered at Dharavi Police
Station in Mumbai. Sachin was allegedly tortured in detention and he
sustained serious injuries to his head, hands, legs and back. He was barely
able to walk and was unconscious at the time of release from police
custody on 14 July at 8 am and the family members took him to a private
clinic right after leaving the Police Station. Since his condition worsened,
he was rushed to Lokmanya Tilak Hospital, Sion, where he died late on
the night of 14 July.292 The family also claimed that after his release from
police custody, he vomited blood and doctors told the family members
that he was bleeding from his lungs.293
B. Custodial torture of children not leading to death

There were many incidents of torture of children not leading to death.
On 3 February 2018, a nine-year-old boy of Tuipuibari village in Mamit

district of Mizoram was allegedly beaten by personnel of Mizoram Indian
Reserve battalion on suspicion of stealing snacks after a passenger
complained to them that his bag of snacks was missing from roof of the
vehicle in which he was travelling. The child fell unconscious following
the assault and was given medical treatment at Aizawl.294
On 16 February 2018, a 17-year-old boy, Akashdeep, resident of
Kuraiwala village in Gidderbaha subdivision in Muktsar district of Punjab
was allegedly kept in illegal detention and perpetrated third-degree torture
by police in Muktsar in connection with the mysterious disappearance of
another minor boy from the village about a month earlier. The victim
alleged that police took him to Mukstar, where they gave him electric
shocks on his private parts. Thereafter, he was admitted to the Civil
Hospital Gidderbaha. The hospital authorities also confirmed that the
victim was admitted in their hospital.295
On 19 March 2018, policemen attached to Agamkuan Police Station in
Bihar’s capital city Patna picked up a minor boy, son of Sukesh Paswan, a
292
. Teen detained by cops dies, kin allege torture, The Free Press Journal, 22 July 2018
293
. Dharavi Teen Death: Custodial Death Shadow Haunts Cops As 17-Year-Old Dies, The
Mid-Day, 23 July 2018
294
. Child allegedly assaulted by Mizoram police personnel, The Assam Tribune, 6 February
2018, available at http://www.assamtribune.com/scripts/mdetails.asp?id=feb0618/oth057
295
. Boy accuses police of torture, The Tribune, 8 February 2018, available at https://
www.tribuneindia.com/news/punjab/boy-accuses-police-of-torture/540410.html
(82)
vegetable vendor in Patna and was allegedly implicated in a false case of

stealing motor bikes along with two other persons and sent to jail. The
minor alleged that before being sent to jail, policemen beat him up brutally
and denied him food for two days. His only fault was that he refused to
give jackfruits to a police officer posted at Agamkuan Police Station.
Pursuant to a petition submitted by Mr Paswan, on 20 June 2018 Bihar
Chief Minister ordered a probe into the case to be conducted by an
Inspector General rank officer asking a report within two days. IG (Patna
Zone) N.H. Khan who was entrusted with the investigation reportedly
completed the probe, submitted his report to the police headquarters
and forwarded it to the CM’s office.296
On 15 May 2018, Sub Inspector (SI) identified as Sunita posted at Sohna
city Police Station in Gurugram district of Haryana kept a 16-year-old
boy in alleged illegal detention for a day and demanded Rs 30,000 to
release him. The boy was detained by police after his bike allegedly collided
with another bike and both had an argument when he went to drop his
sister at her school. The boy’s father Rajender Singh, a resident of Dhunela
village under Sohna district in Haryana, said his son and the other biker
were brought to the Police Station and the issue was amicably sorted out
in front of the police. The other biker was released but SI Sunita allegedly
demanded Rs 30,000 from Mr Singh to release his son. Pursuant to a
complaint by Mr Singh, Gurugram Commissioner of Police Sandeep
Khirwar directed for registration of an FIR under sections 7 and 13(1)A
of the Prevention of Corruption Act against SI Sunita and she was put
under suspension while SHO Ram Kumar, Inspector, was transferred to
another police station.297
On 15 July 2018, a 14-year-old Dalit was allegedly tortured at the
Bhadsoda Police Station under Chittorgarh district of Rajasthan. A student
of class VIII of a government school, the victim was arrested by the
police for interrogation in connection with a theft case. The police claimed
that the Dalit girl had received a pair of gold earrings from a minor boy,
who was suspected in a theft case. The victim’s father alleged that during
the interrogation the Station House Officer (SHO), a lady officer and a
constable beat his daughter mercilessly and kept her in a dark room to
extract confession. The victim reportedly sustained several bruises on her
296
. Minor arrest: ex-cop pleads, The Telegraph, 24 June 2018, available at https://
www.telegraphindia.com/states/bihar/minor-arrest-ex-cop-pleads/cid/1444146
297
. SI suspended for ‘illegal detention’ of minor boy, The Times of India, 19 May 2018,
available at https://timesofindia.indiatimes.com/city/gurgaon/si-suspended-for-illegal-
detention-of-minor-boy/articleshow/64228564.cms
(83)
body and fracture on her left wrist due to alleged torture. She was taken
to the Community Health Centre at Sanwaliaji but the doctors allegedly
refused to admit her. Later, the victim was admitted at the Chittorgarh
Government Hospital.298
On 14 August 2018, a 15-year-old minor girl was allegedly tortured at
Chirgaon Police Station under Shimla district, Himachal Pradesh. The
minor victim alleged that on 14 August 2018 her parents were brought
to the Chirgaon Police Station in connection with a dispute with
neighbours. In the Police Station her parents were brutally beaten up by
the police. When the minor girl protested, the police allegedly beat her
till she fainted and bled from her ear. The family members of the minor
victim stated that she was shifted to the Rohru hospital where she regained
conscious after 2 hours and on 15 August she was referred to another
hospital in Shimla. The family members alleged that no action was taken
against the accused police despite their complaint to senior police
officials.299
On 19-21 November 2018, three minor boys were allegedly tortured at
Kotra Police Station in Udaipur district of Rajasthan. The minor victims
were detained illegally for three days at the Police Station in connection
with a case of theft of a bike. The victims sustained injuries and the
horrendous incident came into light only after a video showing multiple
injury marks and bruises on their bodies went viral on social media.300
On 18 December 2018, nine youngsters, including a law student, were
allegedly beaten up by the police at Bowenpally Police Station in
Telangana’s state capital Hyderabad after they were picked up for creating
nuisance. The victims, including four minors, alleged that the police beat
them black and blue inside the Police Station for celebrating a birthday
out on the streets. P. Sandeep Kumar (24), a law first year student said
that around 2 p.m. they were celebrating the birthday of one of their
friends K Sai Kumar near Seven Temples in Old Bowenpally and suddenly
a police patrol car reached at the spot and took them into custody. At the
298
. Dalit minor girl tortured by Chittorgarh police, The Times of India, 18 July 2018,
available at https://timesofindia.indiatimes.com/city/udaipur/dalit-minor-girl-tortured-by-
chittorgarh-police/articleshow/65032334.cms
299
. ACHR’s complaint to the NHRC dated 20 August 2018
300
. Udaipur police detain, torture minors for 3 days, The Times of India, 22 November 2018,
available at https://timesofindia.indiatimes.com/city/jaipur/udaipur-police-detain-torture-
minors-for-3-days/articleshowprint/66742053.cms
(84)
Bowenpally Police Station they were allegedly tortured for about two
hours. 301 Following a complaint before the State Human Rights
Commission by Hyderabad-based NGO, Balala Hakkula Sangham (child
rights association), City Police Commissioner, Anjan Kumar, ordered a
departmental inquiry by a Deputy Commissioner into the incident.302
C. Sexual attacks including rape of minors

Minors, in particular the girls, are particularly vulnerable to torture and
sexual violence in custody. ACHR documented a number of sexual attacks
on minors including rapes during 2018.
Case 1:
On 10 January 2018, police constable identified as Subash, aged 45 years,

posted in the Sales Tax Department in Surajpur in Gautam Budh Nagar
district of Uttar Pradesh, allegedly raped a seven-year-old girl at his flat.
The girl, daughter of a widow who worked as a factory labourer, was
playing alone outside her home when the accused constable allegedly
lured the child to his accommodation nearby. According to reports, the
accused manged to escape after neighbours gathered on hearing the girl
child’s cries. However, the villagers caught the next day and allegedly
beat him up before handing over to the police.303
Case 2:
On 15 January 2018, four persons, including a probationary Sub Inspector

identified as Liju and a police constable, were arrested in Alappuzha in
Kerala for rape of a 15-year-old girl. The involvement of the policemen
surfaced after the arrest of a woman named Athira, who was a relative of
the teenage victim, and after examining her mobile phone, police found
interactions between her and Liju.304
301
.Youth ‘bashed up’ in Police Station, The Hindu, 22 December 2018, available at https://
www.thehindu.com/news/cities/Hyderabad/youth-bashed-up-in-police-station/
article25792280.ece
302
. Telangana: Cops to face probe for beating minor boys at party, The Bangalore Mirror, 22
December 2018, available at https://bangaloremirror.indiatimes.com/news/india/telangana-
c ops - to- f ac e - pr obe - f or - bea t ing - mi nor- boys - at - par t y /a r ti c l es howpr i nt /
67194618.cms?prtpage=1
303
. Uttar Pradesh policeman held for raping minor, The Business Standard, 11 January 2018,
available at https://www.business-standard.com/article/news-ians/uttar-pradesh-policeman-
held-for-raping-minor-118011101060_1.html
304
. Two Kerala policemen, two others held for teenage girl’s rape, Midday, 11 January 2018,
available at https://www.mid-day.com/articles/two-kerala-policemen-two-others-held-for-
teenage-girl-rape/18942154
(85)
Case 3:
On 13 April 2018 at about 2.30 AM, a 14-year-old minor girl was

allegedly raped by the Officer-in-Charge (OC) of a police outpost305 under
Hajo PS in Kamrup (Rural) district of Assam.306 The rape survivor alleged
that at about 2.00 AM, the OC Binod Chandra Das sent Dipali Rabha,
the woman officer present at the station, out, locked the door, and made
her touch his private parts. She said when she started crying, the rapist
officer called the woman officer back in, but sent her out again, and
forced himself upon her. She said the rapist later asked her to go to sleep.
Pursuant to a complaint of kidnapping by her parents, police had picked
up the survivor and a Muslim youth with whom she had eloped some
ten days before the rape. While the youth was arrested and put behind
the bars, police brought the girl to the police outpost for her statement
and medical examination. Next day, the survivor was handed over to her
parents whom she later informed about the rape by the accused police
officer. On 30 April 2018, the survivor’s parents alongwith some local
Hindu groups filed a first information report against the accused
policeman, who had been later arrested.307
Case 4:
On 14 May 2018, a 14-year-old girl, domestic help, was detained at

Salarpur Police Chowki in Sector 102, Noida, Uttar Pradesh on suspicion
of theft and released on 16 May. Family members said the police did not
allow them to meet the girl during illegal detention for 3 days. On 17
May, she was again taken into custody along with her 17-year-old brother
and detained at Salarpur Police Chowki till 22 May, when both of them
were finally released following the intervention by an NGO, Bachpan
Bachao Andolan and an order from the Child Welfare Committee (CWC).
On 23 May, the CWC ordered a medical examination of the girl which
confirmed that the girl was tortured. The medical report stated that she
had discoloured “brown-shaped circular discolorations” near her left and
right wrists linking these to burnt marks. The report also mentioned
abrasions on the right forearm near the elbow and three discoloured
305
. Assam: 14-year-old accuses police officer of rape, The Indian Express, 9 May 2018,
available at https://indianexpress.com/article/north-east-india/assam/assam-14-year-old-
accuses-police-officer-of-rape-5170264/
306
. In Assam, Cop Allegedly Rapes Woman Inside Police Station, Arrested, NDTV, 4 May
2018, available at https://www.ndtv.com/guwahati-news/in-assam-cop-allegedly-rapes-
woman-inside-police-station-arrested-1847014
307
. Assam: 14-year-old accuses police officer of rape, The Indian Express, 9 May 2018,
available at https://indianexpress.com/article/north-east-india/assam/assam-14-year-old-
accuses-police-officer-of-rape-5170264/
(86)
abrasions on both wrists. The report specifically clarified that all injuries
were more than 10 days old, and caused by hard and blunt object. On
31 May 2018, the National Human Rights Commission issued a notice
to the Director General of Police, Uttar Pradesh, calling for a detailed
report in the matter within 4 weeks.308
Case 5:
On 17 May 2018, Sadananda Mahanta, a daily wage labourer and resident

of Unchballi village under Bamebari Police Station in Keonjhar district
of Odisha, lodged an FIR against Sub Inspector Sushil Mahanta for
perpetrating torture, including sexual assaults on his 15-year-old daughter,
who worked as a domestic help at the accused police officer’s home.
Sadanda’s wife alleged that SI Mahanta sexually assaulted her daughter
while she was working at his home.309
Case 6:
On 1 August 2018, Sub-Inspector Mahendra Mishra, aged 45 years,

Station House Officer (SHO) of the Mauganj station in Madhya Pradesh’s
Rewa district, was arrested on the charges of raping a 15-year-old minor
girl. The police officer was investigating alleged suicide of the sister of the
victim when during his visits to the victim’s home he allegedly sexually
exploited the minor girl by threatening to implicate her and her mother
in the suicide. According to the police, the accused police officer initially
put up the minor girl at a local lodge on 26 July 2018 and the following
day, he took her to his residence and allegedly raped her for three days.
After the girl and her mother filed a complaint at the Mauganj Police
Station, the accused police officer was booked under Section 376 of the
Indian Penal Code and relevant sections of the Protection of Children
from Sexual Offences Act on 31 July 2018 and remanded to jail.310
308
. Detention of minor girl at Noida Police Station: NHRC notice to UP DGP, The Times
of India, 31 May 2018, available at https://timesofindia.indiatimes.com/city/lucknow/illegal-
detention-14-yr-old-girl-at-noida-police-station-nhrc-sends-notice-to-up-dgp/articleshow/
64402667.cms
309
. Keonjhar cop faces child abuse slur, Daily Pioneer, 3 June 2018, available at https://
www.dailypioneer.com/2018/state-editions/keonjhar-cop-faces-child-abuse-slur.html
310
. Rewa police officer held for using girl’s suicide to allegedly rape her minor sister, The
Hindustan Times, 1 August 2018, https://www.hindustantimes.com/india-news/rewa-police-
officer-held-for-using-girl-s-suicide-to-allegedly-rape-her-minor-sister/story-
mvhGpxLExlVBI3PMfrt1jK.html
(87)
Case 7:
In September 2018, a 15-year-old orphaned Dalit boy accused constable

Sandesh Yadav, aged 45 years, of wrongfully confining, sodomising and
beating him on several occasions inside his room within Chamar Gate
Police Station building in Hathras district of Uttar Pradesh. The minor
victim, a student of Class X, lived near Chamar Gate Police Station and
had been working as waiter at a roadside eatery to meet his both ends.
Constable Sandesh Yadav was posted with the DIAL 100 (Emergency
Response Team) of the Uttar Pradesh Police. After the victim boy’s
complaint a case was registered against the accused constable under various
sections of IPC, POCSO Act and SC/ST Act.311
Case 8:
On 3 October 2018, Haryana Police booked 18 persons, including seven
policemen under various sections of IPC and POCSO Act for allegedly
repeatedly raping a minor girl and her mother for almost two months
between July and September 2018 at Haripur village under Kalayat Police
Station in Kaithal district of Haryana.312 In her complaint the minor rape
survivor alleged that during the course of investigation Assistant Sub
Inspector (ASI) Shamsher Singh came to her house at Haripur village
under Kalayat Police Station on 26 July 2018 and raped her and her
mother while the village sarpanch and several policemen stood guard
outside.313 The seven accused policemen were identified as ASIs Shamsher
Singh, Roshan Lal, Dhanpati, and Bajir Singh, head constable Randeep
and constables Dilavar and Isham Singh.314
Case 9:
In October 2018, the NHRC directed the Superintendent of Police, Jajpur,

Odisha, to furnish an Action Taken Report on the alleged sexual predation
of a minor girl by a police officer of inspector rank. Acting on a petition
filed by Sangita Swain, secretary of Angul-based Human Rights Watch,
311
. Boy abuse finger at cop, The Telegraph, 4 October 2018, available at https://
www.telegraphindia.com/india/boy-abuse-finger-at-cop/cid/1670917
312
. 7 Haryana policemen booked for raping minor & her mother for 2 months, The Times of
India, 4 October 2018, available at https://timesofindia.indiatimes.com/city/gurgaon/7-
haryana-cops- booked-for-rape-of-minor-mother/articleshow/66062795.cms
313
. Ibid
314
. Ibid
(88)
the Commission asked the Jajpur SP to initiate appropriate penal action

against the Kaliapani Police Station Inspector-in-Charge (IIC).315
The petitioner alleged that a complaint of sexual assault was filed with
the local police on 26 May 2018 but the police did not act on it. Copies
of the complaint were also submitted to the Jajpur SP and DGP but no
action was taken against the accused IIC.316
315
. Cop Accused Of Sexual Predation Of Minor: NHRC Seeks Report, The Samaja, 27
October 2018, available at http://english.samajalive.in/cop-accused-of-sexual-predation-of-
minor-nhrc-seeks-report/
316
.Ibid
(89)
3. TORTURE IN JUDICIAL CUSTODY
Hightlights
The NHRC received reports of 1,819 deaths in judicial custody in
2018.
Officials alleged that large majority of custodial deaths in prisons are

caused by sudden health or medical complications and alleged suicide.
There are established cases of torture to death in judicial custody.
Prison conditions are inhuman and degrading. Minister of State in

the Ministry of Home Affairs, Government of India Shri Hansraj
Gangaram Ahir in his Starred Question No. answered 08 August 2017
before the Lok Sabha stated that 149 jails had an overcrowding rate
of from 200% to 1166.7% as on 31.12.2015. As of December 2016,
country’s 1,412 jails are crowded to 114% of their capacity, with a
count of 4.33 lakh prisoners against a capacity of less than 3.81 lakh.
In March 2018, the Supreme Court while hearing a Public Interest

Litigation stated that prisoners “cannot be kept in jail like animals”
after the Amicus Curiae informed about overcrowding in jail.
A large majority of the cases of custodial deaths in judicial custody i.e. in

the prison or jail took place as a result of torture. In prisons, torture
remains endemic, institutionalised and central to the administration of
justice.
However, in large majority of custodial deaths the prison officials

contended that the cause of deaths were sudden health or medical
complications and alleged suicide.
A. Deaths in judicial custody due to alleged torture

In cases of deaths due to sudden health or medical complications, prison
authorities cited ground or excuse such as acute pain in the body, heart
attack, serious pain in chest, sudden deterioration of health condition,
stomach pain, uneasiness, incessant coughing, asthma, seizure, and falling
unconscious etc.
Some of the below given cases documented by ACHR during 2018 depict
the pattern, practice & prevalence of torture in Indian prisons and the
excuses given by the prison authorities in cases of tortured to deaths:
(91)
On 20 January 2018, Vipin, aged 25 years, a resident of Meerut district

of Uttar Pradesh, died under mysterious circumstances at Ambala Central
Jail in Haryana. He was arrested on 5 January 2018 in connection with a
theft case. The jail officials claimed that Vipin complained of acute pain
in the body and was rushed to Civil Hospital at Ambala city where he
died during treatment on 20 January 2018. However, the deceased’s family
members alleged that Vipin died due to torture by the jail officials in
judicial custody.317
On 20 June 2018, Surendra Sah, undertrial prisoner, died due to alleged
torture at Motihari Central Jail in East Champaran district in Bihar. He
was arrested on 17 June 2018 for allegedly consuming alcohol in violation
of liquor prohibition law in Bihar and sent to judicial custody. On 20
June, his health allegedly deteriorated and he died in the Sadar hospital.
But angry relatives of the deceased resorted to vandalism at the Sadar
hospital alleging that the death was caused by injuries sustained at the
Motihari Central jail. The hospital's deputy superintendent Manoj Kumar
confirmed that the family members “got enraged when they saw injury
marks which they blamed on alleged torture by police or prison
authorities”.318
On 3 July 2018, Pramod Bhabsagar, aged 35 years, a resident of Nakuanali
village of Bandhapathar Panchayat under Boudh district in Odisha, died
under mysterious circumstances in custody at Boudh District jail. He
was arrested in a rape case and remanded to judicial custody on 25 June
2018. The jail officials claimed that on 25 June 2018, Pramod Bhabsagar
complained of chest pain following which he was rushed to the Boudh
district headquarters hospital where he died during treatment on 3 July.
But the family members of the deceased alleged that the deceased was
tortured to death by the jail officials while in custody.319
On 24 July 2018, Manager Mehto Yogapatty, an undertrial prisoner, died
due to alleged torture at the District Jail under Bettiah district in Bihar.
The jail officials claimed that the deceased died due to heart attack in the
jail. However, the family members alleged that Manager Mehto called
them from the jail for bail, half an hour before the jail officials informed
317
. Undertrial prisoner dies in hospital Ambala, Times of India, 20 January 2018, available at
http://timesofindia.indiatimes.com/articleshow/62582654.cms?utm_source=contentofinte
rest &utm_medium=text&utm_campaign=cppst
318
. Undertrial prisoner dies in Bihar, Business Standard, 20 June 2018, available at https://
www.business-standard.com/article/pti-stories/undertrial-prisoner-dies-in-bihar-
118062001308_1.html
319
. Under-trial prisoner dies, Orissa Post, 3 July 2018, available at http://www.orissapost.com/
under-trial-prisoner-dies/
(92)
about his death on 24 July 2018. The family members further alleged
that Manager Mehto died due to custodial torture by the jails officials.320
On 5 August 2018, Pankaj Gupta, an undertrial prisoner and resident of
Sarain Mohalla in Pathankot city of Punjab, died at Sub District Jail,
Hiranagar in Kathua district of Jammu and Kashmir. The deceased was
facing trial in a murder case and was lodged at Hiranagar Sub District Jail
for last nine years. The jail authorities claimed that Pankaj Gupta
complained of serious pain in his chest on 5 August and he was shifted to
Sub District Hospital, Hiranagar where the doctor declared him brought
dead.321
On 19 August 2018, an undertrial prisoner identified as Gour Das, aged
30 years, a resident of Khagra-Natunbazar area of Behrampore municipality
in West Bengal, died due to alleged torture at Berhampore Central
Correctional Home under Murshidabad district, West Bengal. The
deceased was arrested by police on 15 August 2018 in connection with a
case of maintenance filed by his first wife Mousumi. On 16 August, the
deceased was sent to judicial custody at Berhampore Central Correctional
Home. The jail officials claimed that Gour Das fell sick and he was
admitted to jail hospital. When his condition deteriorated he was referred
to Murshidabad Medical College and Hospital (MMCH) in Berhampore
where he died on the early morning of 19 August. However, the deceased’s
family members alleged that he was beaten to death but the police and
jail authorities tried to cover it up.322
On 31 August 2018, a convict prisoner identified as Munawar Vishwal,
a resident of Astaranga Balbhadrapur village in Puri district of Odisha,
died at Nimapada Sub-Jail under Puri district. He was sentenced to life
for murdering his own mother in 2015. Jail officials claimed that on 31
August 2018, the deceased suffered stomach pain and he was taken to
Nimapada Primary Health Centre. When his condition did not improve,
he was transferred to the Capital Hospital in Bhubaneswar where the
prisoner died during treatment. However, the family members of the
deceased alleged that they were not informed about the illness of Munawar
Vishwal by the police or jail officials and suspected foul play.323
320
. Complaint of Asian Centre for Human Rights to the NHRC dated 24 July 2018
321
. Under trial dies in Hiranagar jail, The Daily Excelsior, 5 August 2018
322
. Berhampore: Jail inmate succumbs to injuries in custody, The Asian Age, 21 August 2018
323
. https://www.jagran.com/odisha/bhubaneshwar-dead-murder-accuse-prisinor-in-hospital-
18377598.html
(93)
On 5 September 2018, an under-trial prisoner identified as Bhup Singh,

aged 55 years, died at the District sub-Jail under Mahoba district of Uttar
Pradesh. Karan Singh, son of the deceased, alleged that his father was
killed by the jail officials. Karan Singh stated that he had visited his father
in the jail on 4 September 2018 and his health was perfectly alright. But
on the morning of 5 September 2018, Karan Singh received a phone call
from the jail stating that his father died at 8 AM. He also claimed that he
saw injury marks on his father’s body.324
On 9 September 2018, a prisoner identified as Shamsad, a resident of
Badapura under Lalitpur district of Uttar Pradesh, died under mysterious
circumstances at District Jail in Lalitpur district. The deceased was arrested
by the police and sent to judicial custody on 21 August 2018 in an
alleged case of bike theft. The jail authorities claimed that the deceased
fell sick and admitted to the District Joint Hospital, Lalitpur. He was
being shifted to the Jhansi on 9 September 2018 when he died. But the
family members and relatives of the deceased alleged that local police
falsely implicated Shamshad in a bike theft case and he was tortured by
the guards at the District Jail, Lalitpur leading to his death.325
On 14 September 2018, a prisoner identified as Yusuf, a resident of
Mundanizam Village in Mohammadi Block, under Lakhimpur Kheri
district of Uttar Pradesh, died under mysterious circumstances at Bahraich
District Jail in Uttar Pradesh. The deceased had been undergoing life
imprisonment after conviction in a double murder case in 2014. The jail
authorities claimed that on 14 September 2018 evening the condition of
the deceased suddenly deteriorated and he was admitted to the District
Hospital, Bahraich, where he died during the treatment. However, the
brother-in-law of the deceased Shahid Ali alleged that Yusuf was brutally
murdered by jail officials and he demanded judicial enquiry. Ali further
said that there are deep injury marks on the nose, forehead, and throat of
the deceased, which indicates that he was murdered and did not die of
heart attack.326
On 19 September 2018, a prisoner identified as Satyanarayan, a resident
of Nanta in Kota district of Rajasthan, died at Central Jail, Kota in
mysterious circumstances. The deceased was arrested by the police and
sent to judicial custody some six months earlier under Narcotic Drugs
324
. https://hindi.news18.com/news/uttar-pradesh/mahoba-suspicious-death-of-prisoner-
serving-life-death-in-mahoba-jail-1503374.html
325
. https://www.patrika.com/lalitpur-news/prisoner-death-in-lalitpur-3388745/
326
. https://www.patrika.com/bahraich-news/death-of-one-in-jail-1-3419752/
(94)
and Psychotropic Substances Act, 1985. The family members of the

deceased alleged that Satyanarayan died due to brutal beatings by the jail
authorities. They refused to take the dead body back and demanded strict
actions against the accused jail officials. They further alleged that they
were not informed about the reasons for the death of Satyanarayan.327
On 26 September 2018, a 24-year-old undertrial prisoner identified as
Kuldeep Kumar, a resident of Vasant Vihar of Pataudi road in Gurugram,
Haryana, died under mysterious circumstances at the civil hospital in
Gurugram. He had been lodged at Bhondsi jail under Gurugram district
since he was sent to judicial remand by the court in July 2018. The
deceased, was arrested by the police. The Jail officials claimed that the
deceased was suffering from fever and his condition deteriorated on 26
September 2018 night. However, family members of the deceased alleged
foul play as Kuldeep Kumar had earlier received threats to his life from
other prisoners involved in heinous crimes.328
On 30 September 2018, a convict prisoner identified as Gadadhar Sahu,
a resident of Badatota village in Khordha district of Odisha, died under
mysterious circumstances in the custody of Jharpada Special Jail in
Odisha’s state capital Bhubaneswar. The deceased was lodged in Jharpada
Special Jail since 2015 to serve a 10-year jail term for crime of rape. The
jail officials claimed that on 30 September 2018 morning, Gadadhar
Sahu complained of uneasiness and was rushed to the Capital Hospital,
Bhubaneswar where he died during treatment. However, the family
members of the deceased refuted the claims of the jail officials and stated
that Gadadhar Sahu died due to torture by the jail authorities.329
On 3 October 2018, a convicted prisoner identified as Nityanand Mandal,
a resident of Sripur of Bhawanipur block under Purnia district of Bihar,
died under suspicious circumstances at Central Jail, Purnia. According to
the jail officials, the deceased was found coughing incessantly and after
examination by the jail doctor he was referred him to Sadar Hospital.
While being shifted to Sadar Hospital on the jail ambulance, the deceased
prisoner died on the way. However, the family members alleged that the
327
. https://hindi.news18.com/news/rajasthan/kota-prisoners-death-in-kota-central-jail-
relatives-not-taken-dead-body-1519879.html
328
. Bhondsi jail me kaidi ki maut, parivar ne bataya sandigdh, Navbharattimes.com, 27
September 2018, available at https://navbharattimes.indiatimes.com/state/punjab-and-
haryana/gurgaon/under-trial-prisoner-died-in-bhondsi-jail/articleshow/65984654.cms
329
. Prisoner dies in Jharpada jail, kin cry foul, Pragativadi, 30 September 2018, available at
http://pragativadi.com/prisoner-dies-in-jharpada-jail-kin-cry-foul/
(95)
deceased was killed by the jail officials and they demanded a judicial
inquiry to find out the truth.330
On 8 October 2018, an undertrial prisoner identified as Sanjay Athwal,
aged 35 years, died due to alleged torture at the Sabarmati Central Jail in
Ahmedabad city of Gujarat. The deceased was arrested on 5 October
2018 on charges of bootlegging and sent to the judicial custody the next
day. Jail officials claimed that the deceased prisoner was an alcohol addict
and died due to some illness. However, the family members of the deceased
alleged that Sanjay Athwal died due to torture by the police soon after
arrest and then by jail officials.331
On 12 October 2018, an undertrial prisoner identified as Mahendra Besra,
a resident of Poreyahat station area under Godda district of Jharkhand,
died under suspicious circumstances at Godda sub-jail. The family members
of the deceased suspected foul play as when his son and daughter went to
meet him they were made to wait for the whole day but were not informed
about the death of their father. The children of the deceased further alleged
that the jailer forcibly took their signatures on a plain paper and conducted
the post-mortem of the deceased.332
On 18 October 2018, Kanhaiya Lal, aged 43 years, a resident of Neel
Kothi village of Nanpara Dehati area under Bahraich district of Uttar
Pradesh died under mysterious circumstances at Bahraich district jail.
The jail officials claimed that the deceased was suffering from Asthma
died at the Bahraich district hospital during treatment on the night of 18
October 2018. However, the doctors claimed that the deceased was
brought dead to the hospital and that they did not have an opportunity
to treat him.333
On 22 October 2018, an undertrial prisoner identified as Gulbasar Khan,
a resident of Sarangpur of Bodla town under Kabirdham district of
330
. Aspatal se kaidi ke sav lekar bhaghe parijan, 22 minute bad police ne kabje liya, Dainik
Bhaskar, 4 October 2018, https://www.bhaskar.com/bihar/patna/news/the-prisoner-dead-
in-jail-0806855.html
331
. Guj: Undertrial dies in judicial custody, kin allege torture, The Business Standard, 9
October 2018, https://www.business-standard.com/article/pti-stories/guj-undertrial-dies-in-
judicial-custody-kin-allege-torture-118100901270_1.html
332
. Godda mandal kara me kaidi ki sandehaspad maut, parijano ne jail prashasan par lagaye
koi arop, News11.live, 13 October 2018, available at http://news11.live/accused-death-
prisoner-godda-mandal-kin-charges-prison-administration/
333
. UP: Maut ka ghar banta jar aha zila karagar, sare tin mah me panchvi maut, available at
http://hindi.eenaduindia.com/State/UttarPradesh/2018/10/17194652/a-prisoner-died-in-
bahraich-district-jail.vpf
(96)
Chhattisgarh, died under mysterious circumstances at Kawardha District

Jail. Jail officials claimed that on 22 October 2018 the deceased suddenly
fell sick and he was rushed to the District Hospital where he died.
However, the family members of the deceased alleged that Gulbasar Khan
was killed by the jail officials and the dead body bore several injury marks,
especially in the neck.334
On 8 November 2018, Hemraz, aged 58 years, a resident of Itaroda
village under Bisalpur Kotwali area in Pilibhit district of Uttar Pradesh,
died under mysterious circumstances in the custody of Pilibhit district
jail. The jail officials claimed that the deceased was unwell and admitted
to the district hospital, Pilibhit, where he was declared dead. However,
daughter of the deceased Mrs Kamlesh accused the jail administration of
killing his father. She said her father’s body bore several injury marks,
including on his face and eyes. She said she saw a deep cut on the nose of
his father while blood was found oozing out from behind his head.335
On 23 November 2018, an undertrial prisoner identified as Jagsir Singh,
a resident of Alamwala village under Muktsar district in Punjab, died in
the custody of Muktsar district jail in Punjab due to alleged torture by
police during arrest. The deceased was booked by Kabarwala Police Station
on 29 October 2018 for allegedly carrying 4 gram heroin and he was
arrested on 20 November 2018. Jail officials claimed that the deceased
was a drug addict and he died due to ‘some fit’ as an acute symptom of
withdrawal of drug. However, the family members alleged that the
deceased died as a result of torture by a large number of policemen at the
time of his arrest on 20 November.336
On 25 November 2018, an under-trial prisoner identified as Amol
Dnyaneshwar Kamble, aged 30 years, a resident of Bibvewadi in Pune
city in Maharashtra, was allegedly tortured to death at Pune Yerawada
central jail in the state. Jail officials claimed he committed suicide at the
jail hospital bed. However, Deepak Jadhav, the uncle of the deceased and
334
. Kawardha: Jail me vicharadhin kaidi ki maut, parijano ne lagaya hatya ka arop, available
at https://hindi.news18.com/news/chhattisgarh/kawardha-death-of-a-prisoner-in-kawardha-
district-family-people-accusing-of-murder-cgpg-1557987.html
335
. Pilibhit me zila karagar me kaidi ki maut, parijano ne hatya ka arop lagaya, Jagran, 8
November 2018, available at https://www.jagran.com/uttar-pradesh/bareilly-city-prisoner-
dies-in-pilibhit-district-jail-family-charged-with-murder-18617079.html
336
. Youth dies in jail, kin say was thrashed, The Tribune, 24 November 2018, available at
https://www.tribuneindia.com/news/punjab/youth-dies-in-jail-kin-say-was-thrashed/
688027.html
(97)
activist Milind Rajhans alleged that Kamble was killed by jail officials
and demanded registration of a case of murder against the jail officials.337
On 27 November 2018, an under-trial prisoner identified as S.
Jayamoorthy, aged 21 years, a resident of Cuddalore district of Tamil
Nadu, was allegedly tortured to death in the custody of Kalapet Central
Jail in Cuddalore district. He was remanded to the judicial custody on
21 November 2018 in connection with a theft case. The jail officials
claimed that on 27 November 2018, the deceased suddenly fell ill and
was admitted to the Indira Gandhi Government General Hospital in
Pondicherry where he died during treatment. However, the family
members of the deceased alleged that Jayamoorthy died due to torture
by the jail officials and protested demanding action against the jail officials
responsible for his death.338
On 28 November 2018, a convict prisoner identified as Amit Kalra, a
resident of Sarwal village of Jammu, died under suspicious circumstances
in the custody of Kathua district Jail in Jammu and Kashmir. Jail officials
claimed that on 28 November 2018 the deceased was rushed to Kathua
district hospital following deterioration of his health and he died at the
hospital. However, the doctors claimed that the deceased was brought
dead to the hospital.339
On 6 December 2018, a convicted prisoner identified as Shrikrishna
alias Ram Krishna, aged 42 years, S/o Nanku Lal, a resident of Madhotanda
under Pilibhit district of Uttar Pradesh, died under suspicious
circumstances in the custody of the Pilibhit district jail. The deceased was
arrested on 5 February 2018 in connection with rape of a minor girl. Jail
officials claimed that on 6 December 2018, the deceased was found in a
critical condition inside the jail bathroom and was rushed to the Pilibhit
District Hospital where doctors declared him dead. The family members
of the deceased alleged that the deceased was murdered. Rama Devi, wife
of the deceased, stated that her husband was not suffering from any
ailment.340
337
. Undertrial prisoner ends life in Yerawada jail, The Times of India, 26 November 2018,
available at https://timesofindia.indiatimes.com/city/pune/undertrial-prisoner-ends-life-in-
yerawada-jail/articleshowprint/66817187.cms
338
. Undertrial dies in GH, relatives protest, The Hindu, 28 November 2018, available at
https://www.thehindu.com/news/cities/puducherry/undertrial-dies-in-gh-relatives-protest/
article25609378.ece
339
. Sandigdh paristhitiyon me kaidi ki maut; Amar Ujala, 29 November 2018, available at
https://www.amarujala.com/jammu/crime/61543433600-jammu-news
340
. Prisoner dies in jail in mysterious conditions, The Times of India, 6 December 2018,
available at https://timesofindia.indiatimes.com/city/bareilly/prisoner-dies-in-jail-in-
mysterious-conditions/articleshowprint/66977317.cms
(98)
On 9 December 2018, an under-trial prisoner named Sukhpreet Singh,

aged 24 years, died under mysterious circumstances in the custody of
Nabha Central Jail in Patiala district of Punjab. The deceased, a baptized
Sikh and a member of Babbar Khalsa, was arrested by the Mohali police
in May 2017 under the Arms Act and sections 18, 19 and 20 of Unlawful
Activities (Prevention) Act. The jail officials claimed that Sukhpreet
suffered a seizure and fainted following which he was rushed to a
government civil hospital in Nabha, where he died during treatment.
However, the doctors of the hospital claimed that Sukhpreet was brought
dead.341 The family of the deceased accused the jail authorities of torture
and not providing adequate medical help.342
On 27 December 2018, an under-trial prisoner identified as Mangaleshwar

Munda, aged 40 years, S/o Dalu Munda, a resident of Chipo village
under Kairo Police Station area under Lohardaga district of Jharkhand,
died under suspicious circumstances in the custody of the Lohardaga
sub-jail in the state. The jail officials claimed that on 27 December 2018
the deceased felt unconscious while sitting in the sun and was rushed to
the Sadar hospital.343 However, the doctors at the hospital stated that the
deceased was brought dead to the hospital. Family members of the
deceased claimed that he did not have any health issue.344
B. Deaths due to denial medical treatment

Many cases of deaths in the jails are due to torture and denial of timely
medical facilities to the victims.
On 19 September 2018, an undertrial prisoner identified as Suraj

Raghuvanshi died at Guna District Jail in Madhya Pradesh. The deceased,
a resident of Dhangora village under Ashoknagar district, was arrested by
the police and sent to judicial custody a few months earlier in connection
with a case of theft. The jail authorities claimed that the deceased, who
was a patient of HIV AIDS for a long time and had been receiving medical
treatment died from the disease. However, family members of the deceased
341
. Undertrial’s death: Family accuses jail officials of torture, The Times of India, 11 December
2018, available at https://timesofindia.indiatimes.com/city/chandigarh/undertrials-death-
family-accuses-jail-officials-of-torture/articleshowprint/67032475.cms
342
. Ibid
343
. Lohardaga Mandalkara me band vicharadhin kaidi ki sandehaspad maut, available at
https://www.jagran.com/jharkhand/lohardaga-prisoners-death-in-mandalakarara-
18794732.html
344
. Ibid
(99)
alleged that he deceased died due to lack of proper medical treatment

because of negligence of the jail authorities.345
On 5 November 2018, a 50-year-old undertrial prisoner lodged at Dumka
district Jail in Jharkhand died allegedly due to want of medical treatment.
The deceased identified as Joan Tudu, a resident of Kormo village of
Gopikandar block in Dumka district, was sent to judicial custody on 10
October 2018 in connection with a case of fraud. The jail officials claimed
that on 4 November 2018 morning the deceased was admitted to the
ICU ward of Sadar Hospital, Dumka after he complained of acute chest
pain. He died during treatment due to heart failure. However, the family
members of the deceased accused the jail authorities of being negligent.
They alleged jail officials did not provide timely treatment to the
deceased.346
On 14 November 2018, a 73-year-old prisoner lodged at Camp Prison,
Bhagalpur in Bihar, allegedly died due to denial of proper medical
treatment. The deceased identified as Tanik Singh alias Avadh Kishor
Prasad Singh, a resident of Lohanda village of Sikandara thana area under
Jamui district of Bihar, was serving a life imprisonment after conviction
in a murder case. In 2015, the deceased was shifted to Camp Jail from
Munger district Jail. The deceased who was stated to be a diabetic, died
on 14 November 2018 evening while being taken to Mayanganj Hospital,
Bhagalpur.347
On 1 December 2018, an undertrial prisoner named Teru, aged 40 years,
S/o Haw Singh, a resident of Jharadabar village in Jhabua district of
Madhya Pradesh, died in the custody of the Jaora Sub Jail under Ratlam
district of Madhya Pradesh allegedly for want of adequate medical
treatment. Teru was arrested and sent to judicial custody on 13 October
2018 under the Narcotic Drugs and Psychotropic Substances Act, 1985
(NDPS Act). Jail officials claimed that the deceased was suffering from
tuberculosis and he was under treatment from DOTs Center at the Civil
Hospital. On 30 November 2018, when his health deteriorated he was
rushed to the Ratlam district hospital for treatment. The next day (1
345
. https://www.patrika.com/guna-news/prison-prisoner-died-in-madhya-pradesh-3435864/
346
. Kaidi ki maut, parijano ne bataya jail prasashan ki kotahi, Jagaran, 6 November 2018,
available at https://www.jagran.com/jharkhand/dumka-prisoners-death-family-told-jail-
authorities-18612617.html
347
. Camp jail me band kaidi ki maut, hui magisterial janch, Dainik Bhaskar, available at
https://www.bhaskar.com/bihar/bhagalpur/news/the-prisoner39s-death-in-the-prison-jail-
the-magisterial-inquiry-023709-3199037.html
(100)
December), he was sent back to the jail following which he was admitted
to the Civil Hospital, where he died during treatment.348
On 15 December 2018, a convicted prisoner named Hifzul Hasan, aged
60 years, a resident of Thalia Nagla village under Musajhag Police Station
in Budaun district of Uttar Pradesh, died in the custody of the Kasganj
district jail in Uttar Pradesh allegedly for want of proper and timely medical
treatment. The deceased was sentenced to 20 years of imprisonment in a
murder case. Jail officials claimed that the health of the deceased was
deteriorating since some days for which he was admitted to Agra Medical
College, where he died on 15 December 2018 afternoon.349
On 20 December 2018, an under-trail prisoner named Raina Maheldar,
aged 45 years, a resident of Bholsar village of Rasalpur Police Station
under Bhagalpur district in Bihar, died in the custody of the Bhagalpur
Central Jail allegedly for want of proper medical treatment. The deceased
was arrested in a murder case. The jail officials claimed that the deceased
was admitted to Mayaganj Hospital, Bhagalpur after his health deteriorated
and he died during treatment.350
On 25 December 2018, an undertrial prisoner named Manan, aged 22
years, S/o Mohd Hasim, a resident of Premnagar of Rohtas district in
Bihar, died in the custody of Rohtas district Jail allegedly due to denial of
proper medical facilities. He was arrested along with two other persons
and sent to judicial custody on 22 October 2018 in connection with a
case of alleged theft of iron from the railways. The mother of the deceased
stated that on 12 December 2018 she received a letter from the jail
authority informing her about her son’s failing health at the Narayan
Medical College and Hospital in Gaya. She alleged that her son died due
to negligence of the jail administration as they had not given him proper
and timely treatment. She claimed that the jail administration refused
permission to shift the deceased to a private hospital for better treatment.351
348
. Complaint filed by CAT to the NHRC dated 3 December 2018
349
. Badaun ke kaidi ki Agra medical college me maut, 16 December 2018, available at
https://www.jagran.com/uttar-pradesh/badaun-murder-accused-death-in-agra-medical-
collage-badaun-up-18755639.html
350
. Central Jail ke kaidi ki ilaz ke dauran hui maut, Dainik Bhaskar, 21 December 2018,
available at Dainik Bhaskar: https://www.bhaskar.com/bihar/bhagalpur/news/central-prison-
prisoner-died-during-treatment-023642-3467603.html
351
. Gaya me hui kaidi ki maut se parijan aahat, Dainik Jagaran, 27 December 2018, available
at https://www.jagran.com/bihar/rohtas-prisinor-death-18793071.html
(101)
On 25 December 2018, a convicted prisoner identified as Satyendra

Singh, aged 45 years, S/o Mahatam Singh, a resident of Swahi village of
Siswan Police Station under Siwan district of Bihar, died in the custody
of Siwan Central Jail in Bihar allegedly due to lack of medical treatment.
The deceased was serving a prison term in Siwan central jail since 21
April 2016 after conviction in a murder case. He was reportedly suffering
from diabetes, high blood pressure and tuberculosis. The deceased’s son
Amit Singh alleged that his father died due to negligence of the jail
administration in giving proper treatment.352
C. Deaths due to alleged suicide in prisons

ACHR has documented a number of alleged suicides in judicial custody
during 2018. The exact causes of the deaths remained unknown but the
jail officials claimed they committed suicide. Majority of the suicides
were committed allegedly by hanging with clothes which the prisoners
were wearing such as parna (mini turban wore by Sikhs), gamcha (towel),
dhoti, and most of these suicides were committed inside the toilets or
bathrooms. Most common cause attributed by the jail officials was mental
depression suffered by the deceased prisoners. However, some of the claims
were bizarre. Jail officials claimed that Guddu alias Bhanu Pratap, aged
30 years, an undertrial prisoner, hanged himself with his gamcha (towel)
inside the toilet of at barrack no. 7 in Raebareli district Jail in Uttar
Pradesh on 14 October 2018, but the media reported that the deceased
had lost his right hand in an accident three years ago.353 The jail officials
also could not explain how blades reached Imtiyaz Bashir Shaikh, an
undertrial prisoner, who allegedly slashed his veins in Navsari sub-jail in
Gujarat on 23 November 2018.354 In the case of Vhuja Birja, he allegedly
hanged himself in Siliguri Sub Divisional Jail in West Bengal on 12
December 2018, a day after a local court remanded him to judicial
custody.355
On 3 January 2018, Sonu Singh, aged 27 years, a resident of Dabkheri

village in Kurukshetra district in Haryana, allegedly committed suicide at
352
. Hatya ki saja cut rahe kaidi ki maut, ilaz me kotahi ka arop, Dainik Bhaskar, 26 December
2018, available at https://www.bhaskar.com/bihar/patna/news/death-sentence-of-murder-
convicts-accusations-of-treatment-050638-3504262.html
353
. Dahej hatya ke aropit ne jail me ki khudkushi, Jagran.com; 14 October 2018, available
at: https://www.jagran.com/uttar-pradesh/raebareli-prisoner-gets-suicide-18533327.html
354
. Vicharadhin kaidi ne ki atmahatya, Patrika, 25 November 2018, https://www.patrika.com/
surat-news/suicides-by-the-prisoner-in-question-3759845/
355
. Under trial found hanging in Siliguri jail, two wardens under scanner, available at http:/
/www.uniindia.com/under-trial-found-hanging-in-siliguri-jail-two-wardens-under-scanner/
east/news/1436056.html
(102)
Kurukshetra jail in Haryana. Jail officials claimed that he was found hanging
by a cloth in the bathroom near his cell. Sonu was arrested in November
2017 for allegedly setting his house on fire and had been incarcerated
since then.356
On 7 April 2018, Irfan, aged 22 years, a resident of Godhola village in
Nuh district of Haryana, allegedly committed suicide at Bhondsi jail in
Gurugram district, Haryana. Jail officials claimed that his body was found
hanging with a piece of cloth at around 2 AM by another inmate of the
barrack. The deceased had been in jail since February 2018 in connection
with suicide of his wife.357
On 12 May 2018, Jitendra Biswal, an undertrial prisoner, was allegedly
found hanging inside the high-security Jharpada Special Jail in
Bhubaneswar, Odisha. Jail officials stated that security personnel of the
prison found him hanging inside his cell and he was declared brought
dead in the hospital.358
On 6 July 2018, Bhupender Sahani, aged 38 years, a resident of Pataudi
area of Gurugram district in Haryana, allegedly committed suicide inside
the toilet of Bhondsi jail in Gurugram district. He was arrested in
connection with a rape case in May 2018.359
On 18 July 2018, P Karuppaiah, aged 53 years, an under trial prisoner,
allegedly committed suicide in Palayamkottai Central Prison in Tamil
Nadu. Jail officials claimed that his body was found hanging from the
metal window of the toilet in his cell using his dhoti at around 1.30 am
and taken to Tirunelveli Medical College and Hospital where the doctors
declared him dead on arrival. The deceased, a resident of Sivagiri in
356
. Another undertrial commits suicide in Kurukshetra jail, The Times of India, 4 January
2017, available at https://timesofindia.indiatimes.com/city/chandigarh/another-undertrial-
commits-suicide-in-kurukshetra-jail/articleshow/62358455.cms
357
. Inmate hangs self in jail, probe ordered, The Times of India, 8 April 2018, available at
https://timesofindia.indiatimes.com/city/gurgaon/inmate-hangs-self-in-jail-probe-ordered/
358
. Odisha: Undertrial prisoner found hanging in Jharpada jail, The Indian Express, 12 May
2018, available at https://indianexpress.com/article/india/odisha-undertrial-prisoner-found-
hanging-in-jharpada-jail-5173987/
359
. Man accused of raping 12-year-old daughter hangs himself inside jail, The Hindustan
Times, 7 July 2018, available at https://www.hindustantimes.com/delhi-news/man-accused-
of-raping-12-year-old-daughter-hangs-himself-inside-jail/story-FcrXjDnsCiP0J
hashS25qO.html
(103)
Tirunelveli district of Tamil Nadu, was arrested on 4 July 2018 in

connection with an attempt to murder case.360
On 3 August 2018, one Furkan Khan, aged 22 years, an undertrial
prisoner, died under mysterious circumstances at Aligarh District Jail in
Uttar Pradesh, a day after he was lodged there on charges of drug peddling.
He was arrested on 2 August 2018 under the Narcotic Drugs and
Psychotropic Substances Act, 1985. The jail officials claimed that he
committed suicide in judicial custody but the mother of the deceased
alleged foul play pointing out that he had died in the presence of a
policeman, who had taken him to the jail hospital after he complained of
stomach ache. Aligarh district magistrate CB Singh ordered a magisterial
inquiry into the incident.361
On 3 August 2018, Arjun, a convicted prisoner, allegedly committed
suicide in Nahar Central Jail in Sirmaur district of Himachal Pradesh. He
was serving life imprisonment in a murder case. Jail officials claimed that
he was suffering from mental depression.362
On 11 August 2018, Praveen Kumar, aged 35 years, a resident of Baldev
Nagar in Ambala City in Haryana, allegedly committed suicide in Ambala
Central Jail, Haryana. He had been lodged in connection with a murder
case. Jail officials claimed that the deceased committed suicide by hanging
himself with a piece of cloth from the window in the toilet of the jail.363
Jail Superintendent Lakhbir Singh stated that the deceased was mentally
disturbed and he committed suicide by using a “parna” (mini turban).364
On 5 August 2018, Harpreet Singh, aged 48 years, an undertrial prisoner,

was allegedly found hanging in the washroom of the Ludhiana Central
jail in Punjab. The deceased, a resident of Jaspaloon Village in Doraha
under Ludhiana district, was lodged at the jail about eight months ago,
on the charges of rape and drug peddling. Jail officials claimed that they
found the deceased hanging from the grill with Parna (mini turban) in
the bathroom on the backside of his barrack.365
360
. Remand prisoner commits suicide in Palayamkottai Central Prison, The Times of India,
19 July 2018, available at https://timesofindia.indiatimes.com/city/chennai/remand-prisoner-
commits-suicide-in-palayamkottai-central-prison/articleshow/65042001.cms
361
. Under-trial prisoner dies under mysterious circumstances in Aligarh jail, The Times of
India, 4 August 2018
362
. Complaint of ACHR to the NHRC dated 6 August 2018
363
. Jail inmate commits suicide in Ambala, The Business Standard, 11 August 2018
364
. Undertrial commits suicide in Ambala jail, The Tribune, 12 August 2018
365
. Rape accused commits suicide in Ludhiana Central Jail, The Times of India, 5 August
2018
(104)
On 21 August 2018, Bikash Kalita, an undertrial prisoner, allegedly

committed suicide in Nalbari jail in Assam. Jail officials claimed that his
body was found hanging in the bathroom in the early hours of 21 August.
He was arrested in connection with a kidnapping case registered at Simala
Police Station in Baksa district. The Simala Police produced Kalita at
Nalbari Chief Judicial Magistrate (CJM) court on 18 August 2018 which
remanded him to Nalbari jail.366
On 5 September 2018, Ayub alias Yakub, aged 19 years, an undertrial
prisoner, allegedly committed suicide at Hanumangarh District Jail in
Rajasthan. He was arrested on 19 August 2018 under the Arms Act and
the remanded to judicial custody at Hanumangarh district jail. Jail officials
claimed that he was suffering from depression and hence, committed
suicide in the early morning of 5 September 2018. He was taken to the
hospital where the doctors declared him brought dead.367
On 14 October 2018, Guddu alias Bhanu Pratap, aged 30 years, an
undertrial prisoner, allegedly committed suicide in Raebareli district Jail
in Uttar Pradesh. It is pertinent to mention that the deceased had lost his
right hand in an accident 3 years ago but the Jail officials claimed that his
body was found hanging with a towel (gamcha) inside the toilet at barrack
no. 7 of the jail.368
On 21 November 2018, Govardhan Pujahar, an undertrial prisoner,
allegedly committed suicide at Dumka Central Jail in Jharkhand. He was
sent to judicial custody on 19 November 2018 in connection with a case
of physical assault. Jail officials claimed that the deceased was suffering
from epilepsy and his body was found hanging by a rope inside the under-
construction jail hospital building.369
On 23 November 2018, Imtiyaz Bashir Shaikh, an undertrial prisoner,
allegedly committed suicide in Navsari sub-jail in Gujarat. The deceased,
a resident of Dharagiri village under Navsari district, was arrested three
months ago allegedly for demolishing/destroying the pillars in the fencing
of the village temple complex. Jail officials claimed that the deceased
366
. Undertrial commits suicide in Nalbari jail, The Assam Tribune, 23 August 2018
367
. Depressed inmate at Hanumangarh jail ends life, Times of India, 6 September 2018,
available at https://timesofindia.indiatimes.com/city/jaipur/depressed-inmate-at-
hanumangarh-jail-ends-life/articleshowprint/65693249.cms
368
. Dahej hatya ke aropit ne jail me ki khudkushi, Jagran.com; 14 October 2018, available
at https://www.jagran.com/uttar-pradesh/raebareli-prisoner-gets-suicide-18533327.html
369
. Kendriya kara me vicharadhin kaidi ki sandehaspat maut, fande par jhulti mili lash,
News11.com, available at http://news11.live/suspected-death-prisoner-central-jail-hanging-
trap/
(105)
while lodged at Barrack No. 9 of the jail committed suicide by slashing

veins of his both hands and legs with a blade leading to profuse bleeding.
He was immediately rushed to the civil hospital where he died during
treatment. However, the jail administration has no answer as to how the
blade allegedly used by the deceased reached inside the jail.370
On 2 December 2018, Ajay Mahanto, aged 28 years, an undertrial prisoner,
allegedly committed suicide in Lajpore Central Jail in Surat district of
Gujarat. He was shifted to this jail on 30 September 2018. Jail officials
claimed that he hanged himself in the jail toilet using a piece of cloth.371
On 12 December 2018, Vhuja Birja, an undertrial prisoner, allegedly

committed suicide in the Siliguri Sub Divisional Jail in West Bengal. He
was arrested on 11 December 2018 by the state excise officials in
connection with a case of smuggling country made liquor and the local
court remanded him to judicial custody upto December 21. Jail officials
claimed that his body was found hanging early in the morning of 12
December.372
On 25 December 2018, Isakkimuthu, aged 27 years, an undertrial prisoner,
allegedly committed suicide in Palayamkottai Central Jail in Tamil Nadu.
A daily-wage labourer, the deceased was arrested in connection with his
son’s murder. Jail officials claimed that the deceased committed suicide
and his body was found hanging from a tree inside the jail premises on
25 December 2018. He was rushed to Tirunelveli Medical College
Hospital, Tirunelveli where the doctors declared him brought dead.373
D. Torture and ill-treatment in prisons

On 1 March 2018, the Coimbatore Bar Association in a letter to acting
Principal District Judge M. Christopher alleged that the inmates were
subjected to torture at the Central Prison at Coimbatore in Tamil Nadu.
370
. Vicharadhin kaidi ne ki atmahatya, Patrika, 25 November 2018, available at https://
www.patrika.com/surat-news/suicides-by-the-prisoner-in-question-3759845/
371
. Undertrial hangs to death in Lajpore jail, The Times of India, 4 December 2018, available
at https://timesofindia.indiatimes.com/city/surat/undertrial-hangs-to-death-in-lajpore-jail/
372
. Under trial found hanging in Siliguri jail, two wardens under scanner, UNI, available at
http://www.uniindia.com/under-trial-found-hanging-in-siliguri-jail-two-wardens-under-
scanner/east/news/1436056.html
373
. Remand prisoner commits suicide, The Times of India, 26 December 2018, available at
https://timesofindia.indiatimes.com/city/madurai/remand-prisoner-commits-suicide/
(106)
The inmates were allegedly assaulted with wooden logs and pipes and
made to do 500 sit-ups without break and kneel down for a long time.374
The Principal District Judge appointed advocate M Ganesh Kumar to
inquire into the condition in Coimbatore Central Prison in April 2018.
In his report submitted to the court in May 2018, Kumar stated that
many prisoners were tortured by prison warders and the court should
intervene to prevent such violations. The report stated that one of the
prisoners identified as A Babu alias Syed Ibrahim was severely beaten by
prison warders and many other prisoners were also attacked by warders.375
A prisoner identified as Sanjay Raja, aged 26 years, who was produced at
the District Court in Coimbatore on 16 May 2018 alleged that he was
being physically attacked and harassed inside the prison by the jail wardens.
He stated before the media,”Jail Superintendent Senthil Kumar has put
placed me in solitary confinement, makes me stand nude and he attacks
me physically. I have suffered severe injuries due to these attacks” and
demanded that he should be given medical treatment and shifted to
another prison at the earliest.376
In June 2018, alleged Indian Mujahideen (IM) operative Aneeq Shafique
Sayyed, an accused in the 2007 Hyderabad twin bombing case, submitted
a written statement to the Second Metropolitan Session Judge claiming
that Mumbai police had extracted a confession that he was involved in
various blasts in the country, including the ones at Lumbini Park and
Gokul Chat Bhandar, under duress. Aneeq alleged that he was given electric
shock to the sensitive parts of body, including private parts and even
threatened with a gun to extract confessions from him.377 On 4 September
2018, Aneeq Shafique Sayyed and Mohammed Akbar Ismail Chowdhari
were pronounced guilty by Judge T. Srinivas Rao of the Second Additional
Metropolitan Sessions Court in the Hyderabad twin bombing case while
two other accused namely Farooq Sharfuddin Tarkash and Mohammed
Sadiq Israr Ahmed Shaik were acquitted for lack of evidence. 44 persons
374
. Bar assn. alleges torture inside prison, The Hindu, 1 March 2018, available at https://
www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/bar-assn-alleges-torture-inside-
prison/article22885444.ece
375
. Inquiry finds torture of inmates in city central prison, The Times of India, 20 May 2018,
available at https://timesofindia.indiatimes.com/city/coimbatore/inquiry-finds-torture-of-
inmates-in-city-central-prison/articleshow/64240254.cms
376
. Prisoner alleges physical torture, harassment at Coimbatore Central prison, SimpliCity,
16 May 2018, available at https://simplicity.in/news-detail.php?nid=26938
377
. Was forced to confess after torture, Twin blast accused, The Times of India, 9 August
2018, available at https://timesofindia.indiatimes.com/city/hyderabad/was-forced-to-confess-
after-torture-twin-blast-accused/articleshow/65330857.cms
(107)
were killed and 68 injured in the blasts at Lumbini Park and Gokul Chat
Bhandar on 25 August 2007.378
On 27 August 2018, Lieutenant Colonel Shrikant Purohit, one of the
main accused in the 2008 Malegaon blasts case, moved the Supreme
Court seeking a court-monitored Special Investigation Team (SIT) probe
into his alleged illegal detention and torture by the Anti-Terrorism Squad
(ATS). Purohit was arrested for allegedly masterminding the blasts in
Malegaon, Maharashtra, in September 2008 which killed six people and
injured several others.379 In a letter written to the NHRC by Lt Col Purohit
in December 2013 from the Navi Mumbai jail, he had claimed that he
was beaten, abused and tortured while he was in custody of the ATS and
forced to own up to the blasts.380 But on 4 September 2018, the Supreme
Court rejected Purohit’s application for a court-monitored SIT probe
stating that it would interfere with the ongoing trial. However, the apex
court gave him liberty to raise his grievances before the lower court holding
the trial saying allegations raised by him were very serious and needed to
be examined by the same forum.381
On 29 August 2018, Vishal Singh, an inmate, narrated inhuman
treatment at the hands of jail officials for failure to pay “protection money”
at the Patiala Central Jail in Punjab. These allegations were made before
the Patiala Special Judge Kamaljit Lamba in an application demanded his
shifting to any other prison. According to Vishal, Jail Superintendent
Rajan Kapoor and Deputy Superintendent Teja Singh subjected him to
brutal torture and showed injury marks to the judge.382 Vishal alleged
that those who refused to pay “protection money” were tortured by the
staffers. His mother Amandeep Kaur, appearing before the judge, stated
378
. Two Indian Mujahideen cadre convicted in the 2007 Hyderabad twin blasts case, The
Hindu, 4 September 2018, available at https://www.thehindu.com/news/cities/Hyderabad/
2007-hyderabad-twin-blast-case-verdict/article24861620.ece
379
. Malegaon blasts: Accused Lieutenant Colonel Shrikant Purohit seeks SIT probe into his
alleged torture, The New Indian Express, 27 August 2018, http://www.newindianexpress.com/
nation/2018/aug/27/malegaon-blasts-accused-lieutenant-colonel-shrikant-purohit-seeks-sit-
probe-into-his-alleged-tortur-1863513.html
380
. ‘Beaten, abused and tortured’: Lt Col Shrikant Prasad Purohit’s letter reveals horror he
faced after arrest, TimesNow, 13 June 2018, available at https://www.timesnownews.com/
india/article/lt-col-shrikant-prasad-purohit-2008-malegaon-blast-december-2013-letter-
torture-beaten-abused-tortured/239956
381
. SC rejects Purohit plea for SIT probe into ‘torture’, The Times of India, 5 September
2018, available at https://timesofindia.indiatimes.com/city/mumbai/sc-rejects-purohit-plea-
for-sit-probe-into-torture/articleshow/65678404.cms
382
. Drugs case accused says tortured in Patiala jail, The Tribune, 30 August 2018, available
at https://www.tribuneindia.com/news/punjab/drugs-case-accused-says-tortured-in-patiala-
jail/644865.html
(108)
that jail staffers were demanding Rs 20,000 from her son to spare him.383
In his order, Judge Lamba stated, “From the perusal of the complaint, it
seems that it is a case of alleged torture in judicial custody of applicant
Vishal Singh” and ordered shifting of the applicant to the Sangrur district
jail. Judge Lamba also ordered the Chief Judicial Magistrate to inquire
into the allegations and submit a report.384 The allegations of Vishal were
confirmed after two videos purportedly shot by an inmate of Patiala Central
Jail went viral on social media. In one of the two videos, which the
inmate claimed was shot on 8 August 2018, a jail staffer was seen beating
an inmate with a leather belt for failing to pay ‘protection’ money to the
jail officials. The maker of the video claimed that jail superintendent,
Rajan Kapoor and another officer, Dhaliwal, were directly responsible
for torture and corruption in the jail. In the other video, which was
purportedly recorded on 5 July 2018, it was claimed that jail staffer
Munshi, alias Ghoda used to beat up inmates.385 On 3 September 2018,
Punjab jails minister Sukhjinder Singh Randhawa directed the police to
investigate the incident of beating of an inmate of the Patiala central jail
after two videos went viral on social media and submit a report within
15 days.386
On 6 December 2018, the Supreme Court ordered the Superintendent
of the Central Jail, Patiala, to produce Brajesh Kumar Thakur, prime
accused in Muzaffarpur shelter home sex abuse case, before the Medical
Superintendent, Rajindra Hospital, Patiala at 4 pm on the same day,
following allegation of custodial torture. In a letter dated 6 December
2018, the accused’s children Nikita Anand and Rahul Anand alleged that
their father was being tortured physically and mentally in Patiala Jail.387
383
. Two videos of alleged torture in Patiala jail go viral, The Times of India, 3 September
2018, available at https://timesofindia.indiatimes.com/city/ludhiana/two-videos-of-alleged-
torture-in-patiala-jail-go-viral/articleshow/65649870.cms
384
. Drugs case accused says tortured in Patiala jail, The Tribune, 30 August 2018, available
at https://www.tribuneindia.com/news/punjab/drugs-case-accused-says-tortured-in-patiala-
jail/644865.html
385
. Two videos of alleged torture in Patiala jail go viral, The Times of India, 3 September
2018, available at https://timesofindia.indiatimes.com/city/ludhiana/two-videos-of-alleged-
torture-in-patiala-jail-go-viral/articleshow/65649870.cms
386
. Minister directs Patiala SSP to probe allegations of torture in jail, The Times of India, 4
September 2018, available at https://timesofindia.indiatimes.com/city/ludhiana/minister-
directs-patiala-ssp-to-probe-allegations-of-torture-in-jail/articleshow/65663318.cms
387
. Children of prime accused allege he is being tortured in Patiala jail, The Tribune, 6
December 2018, available at https://www.tribuneindia.com/news/nation/children-of-prime-
accused-allege-he-is-being-tortured-in-patiala-jail/694415.html
(109)
E. Inhuman conditions in the prisons

The UN's Standard Minimum Rules for the Treatment of Prisoners requires
that prison accommodation shall be mindful of "minimum floor space,
lighting, heating and ventilation".388 That despicable detention/prison
conditions in India are totally incompatible with human dignity and
amount to torture and other cruel, inhuman or degrading treatment or
punishment.
These facts are stated by the Government of India, the NHRC and the
Supreme Court of India, not to mention about judgments of the various
High Courts.
Minister of State in the Ministry of Home Affairs, Government of India

Shri Hansraj Gangaram Ahir in his Starred Question No. answered 08
August 2017 before the Lok Sabha stated that 149 jails had an
overcrowding rate of from 200% to 1166.7% as on 31.12.2015. The
details of such jails as given by the MHA are reproduced below.389
Jail-wise and State/UT-wise name, total sanctioned capacity,

total actual inmates and overcrowding as on 31.12.2015
as placed by the MHA before the Lok Sabha
Total Over-
Total
Sl. No. Jail Type Jail Name Sanctioned crowding
Inmates
Capacity Rate
ANDHRA PRADESH*
Special Sub jail,
SUB JAIL 120 261 217.5
Tirupathi
ASSAM
District Jail,
DISTRICT JAIL 58 125 215.5
Hailakandi
District Jail,
DISTRICT JAIL 50 131 262
Abhayapuri
388
. Rule 13 of UN’s Standard Minimum Rules for the Treatment of Prisoners: All
accommodation provided for the use of prisoners and in particular all sleeping accommodation
shall meet all requirements of health, due regard 6 UNITED NATIONS STANDARD
MINIMUM RULES FOR THE TREATMENT OF PRISONERS being paid to climatic
conditions and particularly to cubic content of air, minimum floor space, lighting, heating
and ventilation.
389
. Reply of the Ministry of Home Affairs to Starred Question No. 303 answered on
08.08.2017 before the Lok Sabha, available at http://164.100.47.190/loksabhaquestions/
annex/12/AS303.pdf
(110)
BIHAR
DISTRICT JAIL DJ Araria 162 469 289.5
DISTRICT JAIL DJ Jamui 188 378 201.1
DISTRICT JAIL DJ Madhepura 99 295 298
DISTRICT JAIL DJ Nawda 218 488 223.9
DISTRICT JAIL DJ Sitamarhi 286 606 211.9
SUB JAIL S.J. Barh 167 347 207.8
SUB JAIL S.J. Danapur 87 182 209.2
SUB JAIL S.J. Patna City 37 97 262.2
CHHATTISGARH
CENTRAL JAIL Central Jail Raipur 1190 3061 257.2
CENTRAL JAIL Central Jail Bilaspur 1028 3167 308.1
CENTRAL JAIL Central Jail Ambikapur 1015 2107 207.6
CENTRAL JAIL Central Jail Durg 396 1871 472.5
DISTRICT JAIL Dist. Jail Mahasamund 170 366 215.3
DISTRICT JAIL Dist. Jail Kanker 165 434 263
DISTRICT JAIL Dist. Jail Dantewada 150 547 364.7
DISTRICT JAIL Dist. Jail Raigarh 225 594 264
DISTRICT JAIL Dist. Jail Korba 110 257 233.6
DISTRICT JAIL Dist. Jail Janjgir 70 185 264.3
DISTRICT JAIL Dist. Jail Rajnandgaon 156 326 209
DISTRICT JAIL Dist. Jail Kabirdham 50 153 306
SUB JAIL Sub Jail Sarangarh 50 111 222
SUB JAIL Sub Jail Ramanujganj 210 434 206.7
SUB JAIL Sub Jail Bemetara 50 190 380
CHHATTISGARH 7552 17662 233.9
GUJARAT
SUB JAIL Navsari Sub Jail 230 476 207
HARYANA*
DISTRICT JAIL District Jail Sonepat 363 1017 280.2
DISTRICT JAIL District Jail Rewari 30 127 423.3
HIMACHAL PRADESH*
SUB JAIL Sub Jail Una 28 60 214.3
OPEN JAIL Dharmshala 50 390 780
JAMMU & KASHMIR*
DISTRICT JAIL District Jail Anantnag 70 160 228.6
JHARKHAND
DISTRICT JAIL Dist. Jail Chaibasa 321 1124 350.2
DISTRICT JAIL Dist. Jail Saraikela 298 607 203.7
DISTRICT JAIL Dist. Jail Latehar 166 460 277.1
DISTRICT JAIL Dist. Jail Gumla 215 752 349.8
DISTRICT JAIL Dist. Jail Garhwa 198 453 228.8
(111)
KARNATAKA*
CENTRAL JAIL Central Jail, Mysore 506 1050 207.5
District Jail,
DISTRICT JAIL 150 393 262
Mangalore
KERALA*
SUB JAIL Sub Jail, Aluva 26 54 207.7
SUB JAIL Sub Jail, Tirur 17 48 282.4
SUB JAIL Sub Jail, Vadakara 13 52 400
SUB JAIL Sub Jail, Koyilandy 20 46 230
SUB JAIL Sub Jail, Ernakulam 28 66 235.7
Special Sub Jail,
SPECIAL JAIL 50 130 260
Kottarakkara
Special Sub Jail,
SPECIAL JAIL 28 67 239.3
Kasargod
Special Sub Jail,
Palakkad
Special Sub Jail,
Vythiri
Special Sub Jail,
SPECIAL JAIL 11 77 700
Irinjalakkuda
MADHYA PRADESH
CENTRAL JAIL Central Jail Indore 1150 2301 200.1
CENTRAL JAIL Central Jail Rewa 696 1436 206.3
CENTRAL JAIL Central Jail Satna 384 1378 358.9
DISTRICT JAIL District Jail Khandwa 168 563 335.1
DISTRICT JAIL District Jail Shahdol 220 570 259.1
DISTRICT JAIL District Jail Seoni 132 485 367.4
DISTRICT JAIL District Jail Shivpuri 135 340 251.9
DISTRICT JAIL District Jail Khargone 100 245 245
DISTRICT JAIL District Jail Raisen 100 212 212
DISTRICT JAIL District Jail Baidhan 70 372 531.4
DISTRICT JAIL District Jail Harda 90 201 223.3
DISTRICT JAIL District Jail Dindori 50 124 248
SUB JAIL Sub Jail Begamganj 40 91 227.5
SUB JAIL Sub Jail Waraseoni 50 113 226
SUB JAIL Sub Jail Bagli 50 112 224
SUB JAIL Sub Jail Jora 50 104 208
SUB JAIL Sub Jail Ambah 50 154 308
SUB JAIL Sub Jail Niwari 50 141 282
SUB JAIL Sub Jail Beohari 50 121 242
SUB JAIL Sub Jail Sujalpur 50 115 230
SUB JAIL Sub Jail Lateri 50 106 212
SUB JAIL Sub Jail Khurai 90 192 213.3
SUB JAIL Sub Jail Barwaha 50 102 204
(112)
MAHARASHTRA*
CENTRAL JAIL Mumbai 804 2692 334.8
CENTRAL JAIL Thane 1105 2711 245.3
CENTRAL JAIL Aurangabad 579 1209 208.8
DISTRICT JAIL Kalyan 540 1430 264.8
DISTRICT JAIL Alibag 82 190 231.7
DISTRICT JAIL Buldhana 101 217 214.9
DISTRICT JAIL Beed 161 328 203.7
DISTRICT JAIL Nanded 135 361 267.4
DISTRICT JAIL Solapur 141 349 247.5
DISTRICT JAIL Ahemadnagar 69 166 240.6
SUB JAIL Gadhinglaj 6 21 350
SUB JAIL Shrirampur 12 25 208.3
SUB JAIL Roha 3 35 1166.7
MEGHALAYA*
DISTRICT JAIL District Jail, Shillong 150 391 260.7
ODISHA
DISTRICT JAIL Anguljail 233 495 212.4
SUB JAIL Boudh 130 295 226.9
SUB JAIL Baragarh 81 166 204.9
SUB JAIL Jajpur 133 267 200.8
SUB JAIL Jharsuguda 86 255 296.5
SUB JAIL Nuapada 48 117 243.8
PUNJAB
SUB JAIL Sub Jail Moga 46 130 282.6
RAJASTHAN*
DISTRICT JAIL Rajasmand 55 165 300
SUB JAIL Balotra 28 63 225
SUB JAIL Nainwa 10 22 220
SUB JAIL Salumber 27 57 211.1
TAMIL NADU*
SUB JAIL Sub Jail Walaja 19 43 226.3
SUB JAIL Sub Jail Kallakurichi 18 46 255.6
SUB JAIL Sub Jail Tindivanam 29 92 317.2
Sub Jail
SUB JAIL 16 200 1250
Sathyamangalam
Sub Jail
SUB JAIL 24 68 283.3
Mayiladuthurai
UTTAR PRADESH
CENTRAL JAIL C.P. Agra 1050 2169 206.6
DISTRICT JAIL D.J. Agra 1015 2119 208.8
DISTRICT JAIL D.J. Firozabad 720 1656 230
DISTRICT JAIL D.J. Mainpuri 498 1035 207.8
DISTRICT JAIL D.J. Mathura 554 1395 251.8
DISTRICT JAIL D.J, Aligarh 1088 2718 249.8
DISTRICT JAIL D.J. Jhansi 416 1038 249.5
(113)
DISTRICT JAIL D.J. Lalitpur 100 334 334

DISTRICT JAIL D.J. Badaun 529 1747 330.2
DISTRICT JAIL D.J. Shahjahanpur 511 1660 324.9
DISTRICT JAIL D.J. Moradabad 611 2998 490.7
DISTRICT JAIL D.J. Etawah 610 1415 232
DISTRICT JAIL D.J. Bulandshaher 890 2172 244
DISTRICT JAIL D.J. Ghaziabad 1704 3504 205.6
DISTRICT JAIL D.J. Saharanpur 533 1283 240.7
DISTRICT JAIL D.J. Muzaffar Nagar 870 2349 270
DISTRICT JAIL D.J. Varanasi 747 1610 215.5
DISTRICT JAIL D.J. Jaunpur 320 845 264.1
DISTRICT JAIL D.J. Mirzapur 332 968 291.6
DISTRICT JAIL D.J. Gyanpurr 114 352 308.8
DISTRICT JAIL D.J. Banda 567 1317 232.3
DISTRICT JAIL D.J. Deoria 533 1219 228.7
DISTRICT JAIL D.J. Basti 480 1073 223.5
DISTRICT JAIL D.J. Sultanpur 443 924 208.6
DISTRICT JAIL D.J. Bahraich 540 1386 256.7
DISTRICT JAIL D.J. Azamgarh 320 1057 330.3
DISTRICT JAIL D.J. Balia 339 747 220.4
UTTARAKHAND*
DISTRICT JAIL District Jail, Dehradun 580 1181 203.6
SUB JAIL Sub Jail, Haldwani 250 843 337.2
WEST BENGAL*
DISTRICT JAIL District Jail, Raiganj 113 304 269
DISTRICT JAIL District Jail, Malda 272 727 267.3
SUB JAIL Sub Jail, Islampore 50 155 310
SUB JAIL Sub Jail, Lalbagh 50 159 318
SUB JAIL Sub Jail, Kandi 19 117 615.8
SUB JAIL Sub Jail, Jangipur 23 193 839.1
SUB JAIL Sub Jail, Contai 39 149 382.1
SUB JAIL Sub Jail, Barrackpore 160 331 206.9
SUB JAIL Sub Jail, Bongaon 90 594 660
SUB JAIL Sub Jail, Basirhat 59 397 672.9
SUB JAIL Sub Jail, Ranaghat 61 128 209.8
SUB JAIL Sub Jail, Uluberia 53 136 256.6
SUB JAIL Sub Jail, Arambagh 15 65 433.3
Sub Jail, Diamond
SUB JAIL 62 137 221
Harbour
DELHI
CENTRAL JAIL Central Jail No.1 565 2230 394.7
DELHI 6250 14251 228
(114)
According to provisional figures provided by the government in Rajya

Sabha in April 2018, the country’s 1,412 jails are crowded to 114% of
their capacity, with a count of 4.33 lakh prisoners against a capacity of
less than 3.81 lakh until December 31, 2016.390
In March 2018, the Supreme Court while hearing a Public Interest
Litigation pulled up the state governments and Union territories over
the condition of jails, saying that prisoners “cannot be kept in jail like
animals” after the Amicus Curiae informed about overcrowding in jail.391
That nothing has changed with respect to prison conditions in India is
recorded by the Supreme Court judgments.
On 12 April 1984, a prisoner of Central Jail, Bangalore, one Rama Murthy,

wrote a letter to the Hon'ble Chief Justice of the Supreme Court making
grievance about some jail matters. The Supreme Court turned the letter
into a writ petition. On 23 December 1996, the Supreme Court delivered
Ramamurthy v. State of Karnataka392 judgment identifying nine major
problems which need immediate attention for implementation of prison
reforms. The court observed that the present prison system is affected
with major problems i.e. overcrowding, delay in trial, torture and ill
treatment, neglect of health and hygiene, insufficient food and inadequate
clothing, prison vices, deficiency in communication, streamlining of jail
visits and management of open air prisons. In this case, the Apex Court
had also touched upon the issue of torture and ill-treatment reported in
prisons, and observed that:
“There are horror stories in this regard. The cellular jail on Port Blair
resounds with the cries of the prisoners who were subject to various
forms of torture. This is now being brought home in the Light and
Sound programme being organised in that jail, which after Independence
has been declared as a national monument. Other jails would also tell
similar stories.
390
. Jails at 14 per cent over capacity, two in three prisoners undertrials, Indian Express, 10
April 2018, available at https://indianexpress.com/article/explained/overcrowding-in-jails-
prisos-reforms-tihar-jails-police-ncrb-5130869/
391
. SC slams State Govts on 600% overcrowding of Jails: Prisoners cannot be kept in jail like
“Animals”. Read Order, Latestlaws, 30 March 2018, available at https://www.latestlaws.com/
latest-news/sc-slams-state-govts-on-600-overcrowding-of-jails-prisoners-cannot-be-kept-in-
jail-like-animals/
392
. Ramamurthy v. State of Karnataka, judgment dated 23 December 1996, available at
https://indiankanoon.org/doc/748775/
(115)
Apart from torture, various other physical ill-treatment like putting of

fetters, iron bars are generally taken recourse to in jails. Some of these are
under the colour of provisions in Jail Manuals. The permissible limits of
these methods have been spelt out well in many earlier decisions of this
Court to which reference has been already made. We do not propose to
repeat”.393
Almost two decades later, on 13 June 2013 former Chief Justice of Supreme
Court of India Mr R.C. Lahoti himself wrote a letter to Chief Justice of
India drawing attention to the inhuman conditions prevailing in 1,382
prisons of India. On 5th July 2013 the Supreme Court once again turned
the letter into a writ petition and issued notice to the appropriate
authorities after obtaining a list from the office of the learned Attorney
General.394
Deploring prison conditions, the Supreme Court vide judgment on 25
September 2018395 directed the Government of India to constitute a three
member panel on prison reforms to be headed by Justice (Retd.) Roy as
chairman and Inspector General of Police, Bureau of Police Research and
Development and Director General (Prisons) Tihar Jail, New Delhi as its
Members with 17 Terms of Reference396 (ToRs) that holistically address
the bodywork done on prison conditions and prisoners’ rights in India.
The Supreme Court further advised the Committee to give its
393
. Ibid
394
. Prisoners, like all human beings, deserve to be treated with dignity; SC issues landmark
Guidelines on Prison Reforms by M.A. Rashid, 5 February 2016, available at https://
www.livelaw.in/prisoners-like-all-human-beings-deserve-to-be-treated-with-dignity-sc-issues-
landmark-guidelines-on-prison-reforms/
395
. Writ Petition (Civil) No. 406 of 2013
396
. (1) review the implementation of the Guidelines contained in the Model Prison Manual
2016 by States and Union Territories (UT’s); (2) review the implementation by the States
and UTs of the recommendations made by the Parliamentary Committee on Empowerment of
Women in its report tabled in the Parliament titled ‘Women in Detention and Access to
Justice,’ and the advisory issued by the Ministry of Home Affairs (MHA) in this regard; (3)
review the two training manuals for prison personnel prepared by Bureau of Police Research
& Development (BPR&D), ‘Training Manual of Basic Course for Prison Officers 2017’ and
‘Training Manual of Basic Course for Prison Warders 2017’; (4) review the recommendations
made in the report of the Ministry of Women and Child Development in collaboration with
the National Commission for Women and the National Law University Delhi on ‘Women in
Prisons’; (5) review the recommendations made in the report of the National Commission for
Women on ‘Inspection of Prisons/Jails/ Custodial Homes housing Women’; (6) review the
implementation by States and UTs of the Guidelines contained in ‘Living conditions in
Institutions for Children in Conflict with Law’ prepared by the Ministry of Women and Child
Development (MWCD) and the Model Rules and Procedures prepared by the MWCD under
the Juvenile Justice (Care & Protection of Children) Act, 2015 and Juvenile Justice (Care and
Protection of Children) Model Rules, 2016; (7) review the status of the implementation of
(116)
recommendations in respect of the first three Terms of References i.e. Sl.

1 to 3, preferably within a period of three months from the date on
which the necessary facilities are provided by the Government of India
for functioning of the Committee.
During the hearing on 22 November 2018, the Supreme Court lashed

out at the Central government and State governments over pathetic
conditions in the jails across the country, saying that everything had been
reduced to a "joke". A bench of Justice Madan B. Lokur and Justice Deepak
Gupta said: "Please visit the jails and the observation homes for children
to see the condition. Ask your officials to get out of their offices to see
the condition in the jails. Taps are not working, toilets are not working.
They are all blocked...they are in a pathetic condition. Ask them to have
a look, then they will realise the pathetic condition they (prisoners) are
living in."397
The Supreme Court said that the fact that undertrial prisoners accounted
for 62% against the world average of 18-20% of the total prisoners raised
questions about the humaneness of the system.398
the guidelines and advisories issued by MHA to the States and UTs: (8) give consolidated
recommendations based on the above and suggest measures to improve the implementation
of the aforementioned guidelines and advisories, subject to budgetary resources available
with the States and the UTs; (9) examine the extent of overcrowding in prisons and correctional
homes and recommend remedial measures, including an examination of the functioning of
Under Trial Review Committees, availability of legal aid and advice, grant of remission,
parole and furlough; (10) examine violence in prisons and correctional homes and recommend
measures to prevent unnatural deaths and assess the availability of medical facilities in prisons
and correctional homes and make recommendations in this regard; (11) assess the availability
and inadequacy of staff in prisons and correctional homes and recommend remedial measures;
(12) suggest training and educational modules for the staff in prisons and correctional homes
with a view to implement the suggestions; (13) assess the feasibility of establishing Open
Prisons, the possibility of and the potential for establishing Open Prisons in different parts of
the country and give effect to the recommendations; (14) recommend steps for the psycho-
social well-being of minor children of women prisoners, including their education and health;
(15) examine and recommend measures for the health, education, development of skills,
rehabilitation and social reintegration of children in Observation Homes, Places of Safety
and Special Homes established under the provisions of the Juvenile Justice (Care and Protection
of Children) Act, 2015; (16) any other recommendation that the Committee may deem
appropriate, fit and proper in furtherance of reforms in prisons and correctional homes; and
(17) give its suggestions, recommendations changes or amendments to various guidelines
contained in the Modern Prison Manual, 2016 and also various directives issued by the
Government of India
397
. SC slams Centre, states for ‘pathetic condition’ in jails, Outlook, 22 November 2018,
available at https://www.outlookindia.com/newsscroll/sc-slams-centre-states-for-pathetic-
condition-in-jails/1426207
398
. Supreme Court slams primeval conditions in jails, observation homes, The Hindu, 22
November 2018, available at https://www.thehindu.com/news/national/supreme-court-slams-
primeval-conditions-in-jails-observation-homes/article25569788.ece
(117)
The Supreme Court also expressed concern about the facilities given to
Justice Amitava Roy, a retired judge of the Supreme Court, who is heading
a committee appointed to review the cases of undertrial prisoners. The
court has sought details of the infrastructure for the committee.399
The Supreme Court also registered a suo motu case400 with respect of
pathetic conditions in a jail and observation home in Haryana’s Faridabad
city as personally found by Justice Adarsh Kumar Goel and Justice U U
Lalit of the Supreme Court of India during a surprise visit to the detention
facilities in Faridabad. Invited by the Haryana Legal Services Authority
to a function earlier this year, Justices Goel who has retired now and
Justice Lalit who is still serving as a Supreme Court Judge had on their
own also visited the jail and Observation Home and found the situation
was pathetic. Taking cognisance of the findings by the two justices, a
bench of former Chief Justice of India Dipak Misra, Justices A M
Khanwilkar and D Y Chandrachud had on 13 July 2018 issued directions
for taking immediate measures to improve the condition in Faridabad
Jail and Observation Home.401
399
. Ibid
400
. Writ Petition (Civil) N0. 749 of 2018
401
. Justice Goel & Lalit’s Visit Set To Improve Condition In Faridabad Jail, Observation
Home, Livelaw.com, 13 July 2018, available at https://www.livelaw.in/justice-goel-lalits-
visit-set-to-improve-condition-in-faridabad-jail-observation-home/
(118)
4. TORTURE IN THE CUSTODY OF THE ARMY

AND THE CENTRAL ARMED FORCES
Hightlights
Cases of kicking on testicles of the male victims by the BSF personnel
On the night of 21 November 2018, Chand Sheikh was allegedly

tortured to death by BSF personnel belonging to Bhagirathi Patlatola
BOP, 180th Battalion of the BSF, at Chandpur village in Murshidabad
district of West Bengal. He was caught when he went to the open
field for defecation. The BSF personnel allegedly tortured him using
sticks and bayonets of riffles. He was stripped and kicked on testicles
by the BSF personnel. Neighbours of Chand Shiekh‘s sister took him
to the Jangipur Sub-Divisional Hospital from where he was referred
to Murshidabad Medical College and Hospital at Baharampur where
he died at 7 PM on 21 November 2018.
The armed forces consisting of the Indian Army and Central Armed Forces
who are deployed in the insurgency affected areas and the border areas
have the power to take persons into custody. There were cases of systematic
torture at the hands of the armed forces.
According to rights organization Banglar Manabadhikar Suraksha Mancha

(MASUM), people residing near the Indo-Bangladesh border are subjected
to torture on a regular basis by the Border Security Force personnel.
Cases of kicking on testicles of the male victims by the BSF personnel as
part of torture have been reported by human rights organizations. The
following cases exemplify this.
On 18 February 2018, Sablu Mia alias Sabul Mia, aged 45 years, was
allegedly detained by the BSF personnel suspecting him to be a smuggler
when he was going to the nearby Masjid to offer Fajar (Fajr) Namaz at
Khochabari village under Sitalkuchi Police Station in Cooch Behar district
of West Bengal. He was taken to Choto Madhusudan BSF BOP Camp
where he was detained for the whole day and tortured. He was handed
over to the police of Sitalkuchi Police Station with the allegation that
ganja and Bangladeshi currency were recovered from the victim. Based
on the complaint of the BSF, case no.44/2018 dated 18.02.2018 was
registered against Sablu under NDPS Act at the Sitalkuchi Police Station
and the victim was arrested by the police. Due to the torture in the
custody of the BSF, the victim suffered bone fracture on his left hand, left
leg below the knee and left arm fingers. The victim was also allegedly
subjected to torture by electric shock on his private parts in BSF custody.
(119)
After the police took him under their custody the victim was admitted at
ICU at Cooch Behar M. J. N. Hospital on 18 February but the
Superintendent of Police, Cooch Behar refused to act on the complaint
filed by the family members of Sablu against the BSF personnel.402
On 9 July 2018, at around 5.00 AM, Mihilal Mondal, aged 57 years, a
resident of Char Durgapur village under Raninagar Police Station of
Murshidabad District in West Bengal, was allegedly killed by the Border
Security Force (BSF) personnel while he was going to his agricultural
land to sprinkle pesticides on his standing crop. After killing Mihilal, the
BSF personnel allegedly left the place without informing any one. The
villagers after hearing gun shots rushed to the spot and recovered the
body of Mihilal. Arup Roy, Officer-in-Charge of the Raninagar Police
Station refused to lodge a complaint against the BSF personnel.403 Based
on a complaint filed by MASUM, the NHRC registered a case and on 10
August 2018 issued notice to the Secretary, Ministry of Home Affairs,
the Director General, Border Security Force and the Director General of
Police, West Bengal calling for report within four weeks.404
On 7 September 2018, at around 9:30 PM, the BSF personnel allegedly
tortured Ajgar Mondal (about 30) at his house at Nawda Para under
Bagdah Police Station in 24 Parganas (North) district of West Bengal.
The personnel reportedly were from Mama Bhagna BOP of Battalion
No. 99 of BSF. They raided the house of Ajgar Mondal and started beating
him on the charges that “a plastic packet containing some white powder”
was recovered during the raid. Then the BSF personnel brought Ajgar to
the Mama Bhagna Camp of BSF and subjected him to third-degree torture.
On 8 September, the BSF informed Anarul Dafadar, a member of Bagdah
Gram Panchayet from Nawdapara that Ajgar consumed pesticide and
was admitted at a hospital. Ajgar was later referred to RG Kar Hospital
in Kolkata where he died at 4:30 PM on 9 September 2018.405
On 18 November 2018, at least 23 villagers including women were
allegedly illegally detained and tortured by the Indian Army personnel at
Longkhojan village under Longding District of Arunachal Pradesh. The
victims alleged that on 18 November 2018 evening a group of army
402
403
. Ibid
404
. Status of NHRC Case No. 1161/25/13/2018-PF as available in www.nhrc.nic.in (accessed
9.3.2019)
405
(120)
personnel from Dhangrikumar in Charaideo district of Assam conducted

a search operation in Longkhojan without being accompanied by civil
police and without informing the Gaon Burah (village chief). The army
personnel allegedly misbehaved with both men and women and used
unparliamentarily words during the search operation. The victims were
allegedly forcefully dragged into the school playground and were made
to kneel down with folded hands and spend the whole night without
food, water and warm clothes despite it being chilling cold. The security
forces also beat up many of the victims including former Longkhojan
Gaon Panchayat Member Rankai Apesam, Baptist church pastor Lempo
Wangjen and a woman. All of them sustained injuries. The villagers were
released on the next morning only after allegedly obtaining seal and sign
from the Gaon Burah on a blank paper.406
On 21 November 2018, Chand Sheikh was allegedly tortured to death
by BSF personnel belonging to Bhagirathi Patlatola BOP, 180th Battalion
BSF, at Chandpur village in Murshidabad district of West Bengal. He was
caught when he went to the open field for defecation. The BSF personnel
allegedly tortured him using sticks and bayonets of riffles. He was undressed
and kicked on testicles by the BSF personnel. Neighbours of Chand
Shiekh‘s sister took him to the Jangipur Sub-Divisional Hospital from
where he was referred to Murshidabad Medical College and Hospital at
Baharampur where he died at 7 PM of 21 November.407
On 6 November 2018, army personnel allegedly barged into the house
of Abdul Gani Rania at Warapahow in Ganderbal district of Jammu and
Kashmir and picked up four members of the family. It was alleged by
Shabir Ahmad Raina, who was sleeping in the house, that at around 3
am on 6 November 2018 the security forces broke windows, barged into
the house and picked up himself, his father Sunaullah Raina, uncle Abdul
Gani Rania, and Gani’s son-in-law, Mohammad Yousuf Bhat. In the
vehicle, the security personnel allegedly pulled the beard of the elders
(Gani and Sunaullah) and burnt it. The security personnel stopped at
the Kashmir University gate and threatened to shoot them. Shabir Ahmad
Raina further alleged that they were taken to a security camp at an
unknown location where they were “undressed and tied with ropes.” He
further alleged that four men came and tied him with ropes and they sat
on the legs, chest and started to pour kerosene and water into his mouth.
406
.Villagers allege army atrocity, FIR lodged, The Arunachal Times, 21 November 2018,
available at https://arunachaltimes.in/index.php/2018/11/21/villagers-allege-army-atrocity-
fir-lodged/
407
(121)
After torture, the security forces allegedly blindfolded them and took
them in a vehicle to another unknown location and released them in
critical conditions. Earlier on 5 November 2018, Abdul Gani Rania and
his son Rouf Raina were detained after an encounter between the security
forces and the militants in the area but Abdul Gani Rania was released on
the same day.408
On 7 December 2018, the Jammu and Kashmir State Human Rights
Commission (SHRC) issued notice to the J&K Government through
Commissioner Secretary, Home Department, Director General of Police
(DGP), and Senior Superintendent of Police (SSP) Pulwama to file a
detailed report with respect to allegations of severe torture of a civilian
identified as Tariq Ahmed Sheikh allegedly by the security forces on 4
December 2018. Commission member Dilshada Shaheen issued the
notices in response to a petition filed by rights activist Muhammad Ahsan
Untoo (case number SHRC/416/ Pul/2018). According to the complaint,
Tariq Ahmed Sheikh of Othora area in Pulwama district was allegedly
severely beaten during a raid at his home by the security forces on the
intervening night of 3 and 4 December 2018. The complaint alleged,
“All the family members were detained and kept in one separate room
and thereafter the victim was ruthlessly beaten by the forces with iron
rod… (the forces) tried to burn him alive by opening the knob of gas
pipe. The victim has suffered grave injuries due to the severe torture
inflicted on him.” The petitioner also alleged that the security forces
coerced the victim to admit that he was a militant and was forced to hold
a gun in his hands.409
408
. Ganderbal family alleges torture, police says can’t tolerate such incidents, Rising Kashmir,
10 November 2018, http://risingkashmir.com/news/ganderbal-family-alleges-torture-police-
says-cant-tolerate-such-incidents-337345.html
409
. SHRC seeks report on alleged torture of Pulwama civilian, Kashmir Reader, 8 December
2018, available at https://kashmirreader.com/2018/12/08/shrc-seeks-report-on-alleged-
torture-of-pulwama-civilian/
(122)
5. IMPUNITY AGAINST TORTURE &

OTHER HUMAN RIGHTS VIOLATIONS
Highlights
Government officials or members of the armed forces continued to
enjoy impunity under Section 197 of the Code of Criminal Procedure
(CrPC), Section 6 of the Armed Forces (Special Powers) Act, 1958
and its analogous provision, Section 7 of the Armed Forces (Jammu
and Kashmir) Special Powers Act, 1990.
On 18 December 2018, the CBI wrote to the Chief Secretary,

Government of Manipur, stating that despite repeated requests,
sanction of prosecution in seven cases of extrajudicial executions by
the security forces in Manipur had not been received from the State
government of Manipur although charge sheets had been filed in the
concerned trial Courts by the CBI.
Section 197 of the CrPC provides that no government official or member

of the armed forces alleged to have committed a criminal offence while
acting or purporting to acting in the discharge of his official duty can be
prosecuted except with the prior sanction of the Central or State
government. Sections 451 of the CrPC specifically protects members of
the armed forces from arrest without prior sanction for anything done or
purported to be done in the discharge of official duties. Section 132
CrPC also protects police, armed forces and even civilians who engage in
activities to help disperse crowds from prosecution without prior sanction.
Further, Section 6 of the AFSPA provides that “No prosecution, suit or

other legal proceedings shall be instituted, except with the previous sanction of
the Central Government against any person in respect of anything done or
purported to be done in exercise of powers conferred by this Act. Section 7 of the
Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 provides
the same immunity.
Case 1: Impunity in extrajudicial killings in Manipur

On 18 December 2018, the CBI wrote a letter to the Chief Secretary of
Manipur stating that despite repeated requests, sanction of prosecution
in seven cases of extrajudicial executions by the security forces in Manipur
had not been received from the State government of Manipur. These
said cases were referred by the Supreme Court for investigation vide orders
dated 14.07.2017 and 16.01.2018 in WP(Crl.) No. 129/2012. The CBI
(123)
stated that after investigation of these seven cases, chargesheets have been
filed in the concerned trial Courts. However, the State of Manipur has
failed to provide sanction for prosecution.410
In fact, on 22 February 2019, the case of custodial death of Athokpam
Angousana Meitei was disposed off by the Chief Judicial Magistrate
Thoubal on the ground that the State government did not give “prior
sanction” to prosecute the accused police constable of Manipur Police
required under Section 197 of the Code of Criminal Procedure. The
deceased was arrested by Thoubal District Commandos on 27 February
2011 at around 5 pm and he died due to custodial torture the next
morning. In an inquiry conducted by the District Judge, Manipur West
the judge held that the deceased died “due to the injuries sustained by
him during the period he was in police custody.” The High Court of
Manipur accepted the report of the District Judge and awarded
compensation vide order dated 28.11.2014.411 The CBI, which was
investigating this case on the Supreme Court’s order, filed a chargesheet
against a constable of the Manipur police and wrote to the Chief Secretary
of Manipur asking for sanction to prosecute. The CBI’s investigating officer
told the magistrate that he has sent several letters requesting the Manipur
government for sanction to prosecute. One letter was sent on 18 December
2018 and another on 21 February 2019. The CBI requested the court for
additional time to receive prosecution sanction but the CJM declined
the request.412
The case pertains to the writ petition413 filed in the Supreme Court by
the Extra-Judicial Execution Victim Families Association seeking
investigation into 1,528 cases of extra-judicial killings by state and central
security forces in Manipur. The Supreme Court in a landmark order on
14 July 2017 asked the Central Bureau of Investigation (CBI) to set up a
Special Investigating Team (SIT) to investigate the alleged extra judicial
killings and ordered registration of FIRs into 81 cases including 32 cases
probed by a Commission of Inquiry, 32 cases investigated by judicial
enquiries and High Courts, 11 cases in which compensation had been
awarded by NHRC and six cases probed by the Commission headed by
410
411
. Ibid
412
413
. WP(Crl.) No. 129/2012
(124)
former Supreme Court judge Justice Santosh Hegde.414 The CBI Director
was asked to lodge necessary FIRs and to complete the investigations
into the same by 31 December 2017 and prepare charge sheets, wherever
necessary. But the CBI could file only 11 FIRs by 31 December 2017.
On 16 January 2018, the Supreme Court pulled up the CBI for its failure
to register the FIRs.415 On 30 November 2018, the Supreme Court rejected
the petition filed by 355 Army personnel challenging the lodging of
FIRs against soldiers involved in operations in Manipur and Jammu and
Kashmir, where AFSPA is in force.416
Case 2: Impunity for custodial torture in Kerala

On 6 August 2018, the Kerala High Court initiated suo motu contempt
of court proceedings against the Director General of Police of Kerala, one
District Police Chief, and other police officers concerned for non-
compliance of the judgement of the High Court which convicted C.S.
Ramachandran Nair, a retired Superintendent of Police, J. Abdul Kalam,
retired Head Constable and E. Subair Kunju, retired Sub Inspector, for
alleged custodial torture of one Balachandran and his wife in September
1988.417
On 16 September 1988, the police had summoned G. Balachandran and
his wife Meena to the Venjaramoodu Police Station on the basis of a
complaint relating to property dispute filed by paternal uncle
(Vidhyadhara Kurup) of Meena. As soon as Balachandran accompanied
by his wife Meena (who was seven months pregnant) entered the room
of the Circle Inspector, the Circle Inspector namely C.S. Ramachandran
Nair caught hold of Balachandran and slapped him. At that time
Vidhyadhara Kurup and Meena’s brother Baiju were also present at the
office of the Circle Inspector. Seeing the torture when Meena went to the
rescue of her husband, the Circle Inspector allegedly kicked her on the
stomach with his boots resulting in Meena falling on the floor. Then
414
. SC sets up SIT of CBI to probe fake encounters in Manipur, The New Indian Express, 14
July 2017, available at http://www.newindianexpress.com/nation/2017/jul/14/sc-sets-up-
sit-of-cbi-to-probe-fake-encounters-in-manipur-1628763.html
415
. SC Reprimands CBI For Delay In Registration Of FIRs In Fake Encounter Cases In
Manipur, Livelaw.in, 16 January 2018, available at https://www.livelaw.in/sc-reprimands-
cbi-delay-registration-firs-fake-encounter-cases-manipur/
416
. SC Rejects Plea Of Army Men Challenging FIRs Against Armed Forces Personnel In
AFSPA Areas, Livelaw.in, 30 November 2018, available at https://www.livelaw.in/sc-rejects-
plea-of-army-men-challenging-firs-against-armed-forces-personnel-in-afspa-areas/
417
. Police top brass faces contempt of court, The Hindu, 6 August 2018, available at https:/
/www.thehindu.com/news/national/kerala/police-top-brass-faces-contempt-of-court/
article24617571.ece
(125)
three police Constables namely Abdul Kalam, Subair Kunju and Chandran
allegedly tortured Balachandran and Meena in custody. The police officials
also threatened the victims with dire consequences if they did not
relinquish their claims over the disputed property. Balachandran filed a
case before the Judicial Second Class Magistrate (JSCM), Nedumangad
against C.S. Ramachandran Nair, Circle Inspector of Police, Venjaramoodu
(A1), Abdul Kalam, Police Constable, Venjaramood (A2), Subair Kunju,
Police Constable, Venjaramoodu (A3), A Chandran, Police Constable,
Venjaramoodu, (A4), Vidhyadhara Kurup (A5), and Baiju (A6). A4
was subsequently deleted from the array of accused. On 27 September
1989, the JSCM court dismissed the complaint under Section 203
CrPC.418 However, on 18 January 1990, the Sessions Court, Kozhikode
allowed the petition and set aside the trial Court's order. Later, on 3
January 1993, the Judicial First Class Magistrate, Attingal, acquitted A5
(Vidhyadhara Kurup) and A6 (Baiju) but convicted A1 to A3 (i.e. Circle
Inspector Ramachandran Nair and Constables Abdul Kalam and Subair
Kunju) of offences punishable under Sections 341 and 324 read with
Section 34 I.P.C. and sentenced each of them to simple imprisonment
for one month and simple imprisonment for one year respectively. The
accused challenged the judgement and on 21 December 1996, the
Sessions Court, Thiruvanantnapuram acquitted the accused.419
On an appeal filed by Balachandran, the High Court of Kerala on 25
May 2004 upheld the conviction recorded by the trial court against A1
to A3 but reduced the sentence from one year to three months of rigorous
imprisonment. However, inadvertently only A2 and A3 were mentioned
as accused in the judgment. This error was corrected on 31 October
2005 by the High Court. The three accused filed S.L.P. before the Supreme
Court which rejected it on 6 February 2006 on the ground that they had
not surrendered to the jail concerned in pursuance of the sentence against
them.420
A2 and A3 had filed separate petitions before the State Government on 8
September 2004 seeking remission of their sentence under Sec. 432 CrPC
and the Government issued G.O. dated 1-1-2005 completely remitting
the sentence imposed on A2 and A3. This the High Court in its
418
. Custodial torture: Kerala High Court initiates proceedings against three retired cops,
The Indian Express, 8 August 2018, available at http://www.newindianexpress.com/states/
kerala/2018/aug/08/custodial-torture-kerala-high-court-initiates-proceedings-against-three-
retired-cops-1854739.html
419
. Judgement of High Court of Kerala dated 5 August 2010 in WP(C).No. 9401 of 2007(T)
(G.Balachandran vs State Of Kerala), available at https://indiankanoon.org/doc/311807/
420
. Ibid
(126)
judgmement dated 5 August 2010 termed the remission illegal. The court
stated, “It is pertinent to note that the Supreme Court of India on 6-2-
2006 dismissed the S.L.P. filed by A1 to A3 on the ground that they had
not surrendered to the jail concerned in pursuance of the sentence passed
against them. There is no dispute that it was without entering the portels
of the prison even for a day that A2 and A3 submitted their applications
for remission which was entertained by the Government in flagrant
violation of clause (a) of the Proviso to Sec. 432 (5) CrPC as per which
the application for premature release can be filed and entertained only if
the applicant is in prison. Ext.P2 order of remission was passed without
calling for the opinion of the presiding Judge who confirmed the
conviction as provided under sub section (2) of Section 432 CrPC. All
that apart, the concerned file was circulated to the Governor without the
aid and advice of the Council of Ministers in blatant violation of the
mandate under Article 163 (1) of the Constitution of India”. Accordingly,
the High Court quashed the order dated 1-1-2005 passed by the Governor
and “Consequently, the warrants, if any, of arrest issued against A1 to A3
are liable to be executed”.421
Despite the rejection by the Supreme Court of the SLP filed by the
accused police officials and the direction of the High Court of Kerala to
execute the warrants of arrest issued against them, the police failed to
arrest the three accused police officers who were “absconding” after eight
years. In the meantime, the three torture accused were promoted. C.S.
Ramachandran Nair was promoted and retired as Superintendent of
Police, J. Abdul Kalam retired as Head Constable and E. Subair Kunju
retired as Sub Inspector.422
In its latest order on 6 August 2018, the High Court of Kerala held that
the “course of action pursued by the police reflects mockery of the process.
Prima facie, it involves contempt of court as well, besides lapses on the
part of the officers concerned in discharging their official duties”.423 The
state government of Kerala assured the High Court that the policemen
421
. Ibid
422
/www.thehindu.com/news/national/kerala/police-top-brass-faces-contempt-of-court/
article24617571.ece
423
/www.thehindu.com/todays-paper/tp-national/tp-kerala/police-top-brass-faces-contempt-of-
court/article24619412.ece
(127)
involved in the custodial torture of the couple would be arrested and

sought two weeks time to comply with the order of the Supreme Court.424
Case 3 : Impunity in the case of fake encounter killing of

two suspected Bodo militants in Assam in 2017
The intentional non-cooperation by Ministry of Home Affairs to produce
records related to alleged fake encounter in Simlaguri in Assam’s Baksa
district is indicative of the extent of the protection received by the security
forces for encounter killings. In an order dated 3 December 2018, the
Central Information Commission (CIC) while hearing an appeal against
disclosure of information sought, expressed serious displeasure over MHA’s
non-compliance of Commission’s direction for production of the report
submitted by then CRPF IG Rajnish Rai on encounter killing in Simlaguri
in Baksa district of Assam in 2017. Giving a final opportunity to the
Union Home Secretary Rajiv Gauba to produce the report before it on
19 December 2018, the CIC warned that it shall announce its exparte
decision in case of failure to produce the report.425
In his report sent to CRPF headquarters in Delhi, Gujarat-cadre IPS
officer Rajnish Rai, then posted in Shillong with CRPF as IG, North
East Sector, had alleged that the encounter — near Simlaguri village under
Amguri Police Station on 30 March 2017 — that led to the death of two
suspected members of the National Democratic Front of Bodoland
(Songbijit), or NDFB(S) faction, was staged. And that the two men
were picked up from a house in D-Kalling village and killed in cold
blood in Simlaguri in Chirang district of Assam.426
Calling for a full-fledged investigation, Rai had alleged that weapons
were planted on their bodies. The two killed were identified as Lucas
Narzary alias N Langfa and David Islary alias Dayud. He said he had
424
. Custodial torture: Kerala High Court initiates proceedings against three retired cops,
The Indian Express, 8 August 2018, available at http://www.newindianexpress.com/states/
kerala/2018/aug/08/custodial-torture-kerala-high-court-initiates-proceedings-against-three-
retired-cops-1854739.html
425
. Fake Encounter in Assam: CIC Threatens Penal Proceedings Against Home Secretary,
News18.com, 3 December 2018, available at https://www.news18.com/news/india/fake-
encounter-in-assam-cic-threatens-penal-proceedings-against-home-secretary-1958897.html
426
. Assam: Supreme Court notice to Centre, state on ‘fake encounter’, The Indian Express,
14 August 2018, available at https://indianexpress.com/article/india/assam-supreme-court-
notice-to-centre-state-on-fake-encounter-5305316/
(128)
witnesses who have identified the bodies as those of the two men who
were picked up and that these witnesses are in his “safe custody”.427
Unless the Stage government takes decisive measures to establish
accountability, Assam shall continue to witness encounter killings with
impunity.
Case 4 : Denial of permission for prosecution of police

officials in Khwaja Yunus fake encounter death
On 17 April 2018, the State government of Maharashtra removed the
Special Public Prosecutor (SPP) Dhiraj Mirajkar to shield the accused
police officials in the custodial death of Khwaja Yunus, a 27-year-old
software engineer in January 2003. Yunus was arrested along with others
for his alleged involvement in the bomb blast that took place in Ghatkopar
on 2 December 2002. His alleged co-accused were acquitted of all charges
subsequently by a special court. While the police claimed that Yunus had
escaped from custody, his then co-accused, who was the first prosecution
witness before the trial court in January 2003, had submitted that he had
seen Yunus being stripped and assaulted on 6 January 2003, following
which, he was never seen again. Based on the complaint of this co-accused
in 2003, an FIR was filed against the policemen.428
After 15 years, for the first time, the main eyewitness named Abdul Mateen
was examined by SPP Mirakkar during the hearing on 17 January 2018.
The eyewitness identified the four policemen who brutally tortured Yunus
as Praful Bhosle, Hemand Desai, Vhanmane and Khot.429 These police
officers are Praful Bhosale (retired as ACP Crime Branch), Rajaram
Vhanmane (senior inspector at Dindoshi Police Station), Ashok Khot
(senior inspector at Crime Branch Unit 5) and Hemant Desai (senior
inspector at the Local Arms Unit).430
427
. Assam ‘staged encounter’: Supreme Court notice to Centre, State, Nenow.in, 14 August
2018, available at https://nenow.in/north-east-news/assam-staged-encounter-supreme-court-
notice-centre-state.html
428
. Khwaja Yunus custodial death: Maharashtra removes prosecutor who wanted 4 cops to
stand trial, The Indian Express, 18 April 2018, available at https://indianexpress.com/
article/india/khwaja-yunus-custodial-death-maharashtra-removes-prosecutor-who-wanted-4-
cops-to-stand-trial-5141791/
429
. Death in custody: 15 years on, first witness examined, says Mumbai cops beat up Khwaja
Yunus, The Hindustan Times, 18 January 2018, available at https://www.hindustantimes.com/
mumbai-news/death-in-custody-15-years-on-first-witness-examined-says-mumbai-cops-beat-
up-khwaja-yunus/story-iVef9wx2i8nrjshMRIRcZL.html
430
stand trial, The Indian Express, 18 April 2018, available at https://indianexpress.com/article/
india/khwaja-yunus-custodial-death-maharashtra-removes-prosecutor-who-wanted-4-cops-
to-stand-trial-5141791/
(129)
On 8 February 2018, based on the statement of the main eyewitness,

SPP Mirajkar moved an application in the trial court to summon these
four policemen to face trial.431 But on 17 April 2018, Mirajkar was
informed about his sacking at the middle of the hearing in the court that
the law and judiciary department of Maharashtra had issued a notification
on 16 April 2018 cancelling his appointment with immediate effect.
Mirajkar was the third SPP in the case. Before Mirajkar, R V Mokashi had
resigned from the post in 2013 citing personal reasons. Yug Choudhary,
who succeeded him, had resigned in 2015. Mirajkar was appointed in
November 2015, based on the recommendation made by Yunus’ mother,
Aasiya.432
A CID probe also revealed that the claim of police about Yunus escaping
while being taken to Aurangabad was a “false story” and Yunus had died
in police custody.433 The CID inquiry conducted pursuant to directions
of the Bombay High Court on a petition filed by Yunus’s father revealed
he had died due to torture in police custody and sought sanction for
prosecution of 14 police officials for his custodial death but the state
government sanctioned prosecution for only four, who are on trial. These
four police officials – Sachin Waze Sachin Waze, Rajendra Tiwari, Rajaram
Nikam and Sunil Desai – have been facing trial on charges of murder,
voluntarily causing grievous hurt to extort confession, fabricating evidence,
and criminal conspiracy in the case. Trial in the case began in May 2017,
i.e. 14 years after tortured to death of Yunus.434
431
. Mumbai: 15 years on, prosecution seeks trial of 4 more cops in Khwaja Yunus custody
death, The Times of India, 9 February 2018, available at https://timesofindia.indiatimes.com/
city/mumbai/15-yrs-on-prosecution-seeks-trial-of-4-more-cops-in-khwaja-yunus-custody-
death-case15-years-on-prosecution-wants-4-more-cops-tried-in-2003-custodial-death-
caseprosecution-defies-govt-wants-4-more-cops-tried-in-khwaja-case/articleshow/
62842339.cms
432
stand trial, The Indian Express, 17 April 2018, available at https://indianexpress.com/article/
india/khwaja-yunus-custodial-death-maharashtra-removes-prosecutor-who-wanted-4-cops-
to-stand-trial-5141791/
433
. Rs 20 Lakh Compensation Awarded To Khwaja Yunus’ Mother, IndiaTVnews.com, 10
April 2012, available at https://www.indiatvnews.com/news/india/rs-20-lakh-compensation-
awarded-to-khwaja-yunus-039-mother-15560.html
434
. Khwaja Yunus custodial death case: Decision to remove prosecutor not to shield cops,
says Maharashtra government, The New Indian Express, 28 July 2018, available at http://
www.newindianexpress.com/nation/2018/jul/28/khwaja-yunus-custodial-death-case-
decision-to-remove-prosecutor-not-to-shield-cops-says-maharashtr-1849817.html
(130)
On 11 June 2018, the sessions court criticised the investigating officer

for failing to produce witnesses to record their testimonies.435
On 26 June 2018, Sessions Judge V S Padalkar directed the CID to ‘take
immediate action’ to proceed with the case on a daily basis and asked the
police to ensure that witnesses were brought for recording of evidence.
The judge lamented, “Though the government and the prosecution are
well aware that the matter is pending for so many years, yet no steps have
been taken to complete the case except calling one witness so far.”436
435
. Khwaja Yunus custodial death case: Court issues notice to investigating officer, The
Hindustan Times, 12 June 2018, available at https://www.hindustantimes.com/mumbai-
news/khwaja-yunus-custodial-death-case-court-issues-notice-to-investigating-officer/story-
q7MSdtMWE489e1IpNdVH2L.html
436
. Khwaja Yunus death: Proceed with case daily, court tells CID, The Indian Express, 27
June 2018, available at https://indianexpress.com/article/cities/mumbai/khwaja-yunus-death-
proceed-with-case-daily-court-tells-cid-5234834/
(131)
6. TORTURE BY THE ARMED OPPOSITION

GROUPS
Hightlights
Armed conflicts remain quite intensive in Jammu and Kashmir and
Naxal affected areas. Since 1990 to 2017, as per the MHA 13,976
civilians and 5,123 Security Force (SF) personnel died in Jammu
and Kashmir. In the conflict with the Naxalites from 2004 to 31 July
2018 in India, around 7,907 people were killed.
The armed opposition groups use torture against the civilians

including children by targeting them as police informers.
A class XII student, Omais Rashid Bhat, a resident of Qaimoh in

South Kashmir's Kulgam district, was allegedly abducted by the AoGs
and tortured on the suspicion of being an informer of the security
forces. After battling for his life for 14 days, he succumbed to the
injuries in a hospital in Srinagar on 22 March 2018.
The Maoists were responsible for brutal killing of their hostages after
abduction. The suspects were subjected to summary trial in socalled
“Jan Adalats” (Peoples’ Courts) in full public view and tortured before
being killed to instil fear among the people.
On 28 July 2018, Jayaram alias Saloo, a tribal aged 30 years, was

allegedly killed by the Maoists on suspicion of being a police informer
at the Chukka Goyyi tribal hamlet in Visakhapatnam district, Andhra
Pradesh. Earlier, the Maoists had warned the victim against passing
information to the security forces regarding their whereabouts.
Under Section 4(2)(a), Protocol Additional to the Geneva Conventions
of 12 August 1949, and Relating to the Protection of Victims of Non-
International Armed Conflicts (Protocol II) prohibits “violence to the
life, health and physical or mental well-being of persons, in particular
murder as well as cruel treatment such as torture, mutilation or any form
of corporal punishment”. Yet, the armed opposition groups have
consistently violated the Geneva Conventions.
I. Abuses by the armed opposition groups in Jammu and

Kashmir
The State of Jammu & Kashmir (J&K) continues to witness violence
from the armed opposition groups. As per the Annual report 2017-2018
of the Ministry of Home Affairs, Government of India, “since the advent
(133)
of militancy in J&K (in 1990), 13,976 Civilians and 5123 Security Force
(SF) personnel have lost their lives (as on 31.12.2017)”. The causalities
of security forces decreased in 2017 in comparison to 2016 but incidents
of terrorist violence and casualties of civilians increased during the same
period. The Ministry of Home Affairs’ (MHA) recorded the killings of
17 civilians in 2015, 16 in 2016, and 40 in 2017.437
The armed opposition groups in Jammu and Kashmir were responsible
for torture of the civilians during 2018.
On 8 March 2018, a Class XII student identified as Omais Rashid Bhat,

a resident of Qaimoh in South Kashmir's Kulgam district, was allegedly
abducted by militants and tortured on the suspicion of being an informer
of the security forces. The local people found Omais bruised and
unconscious by the roadside the next morning in neighbouring Ves
Batpora village. After battling for his life for 14 days, he succumbed to
the injuries in a hospital in Srinagar on 22 March 2018.438
On 7 August 2018, suspected militants abducted two youth identified
as Arif Sofi of Khudwani village and Mehraj Ahmed Dar of Hawoora
village in Kulgam district of Jammu and Kashmir. They were released
after brutal torture by the militants. Villagers spotted Arif Sofi in an
unconscious state near Moman village and rushed him to Qaimoh hospital
from where he was referred to SMHS hospital in Srinagar where he
succumbed to his injuries late in the night of 8 August. Mehraj Dar was
also rushed to the hospital and he survived.439
On 11 December 2018, the body of Sheeraz Ahmad Bhat was found
buried in the orchard in Awahatoo village in Kulgam district of Jammu
and Kashmir. The victim’s body reportedly bore marks of torture. He
was abducted by unknown gunmen on 27 October 2018.440 Police in
February 2019 informed the State Human Rights Commission (SHRC)
437
. Annual Report 2017-18, Ministry of Home Affairs, page 15, at https://mha.gov.in/sites/
d e fa u l t/ f i le s / MI N I S TRY % 20 O F %2 0 H OM E % 20 A F FAI R % 20 A R %2 0 2 01 7 -
18%20FOR%20WEB.pdf
4 38
. Militants’ victim, The Telegraph, 23 March 2018, available at https://
www.telegraphindia.com/india/militants-victim/cid/1339483
439
. Abducted Kulgam youth tortured to death, Greater Kashmir, 8 August 2018, available at
https://www.greaterkashmir.com/news/kashmir/abducted-kulgam-youth-tortured-to-death/
292942.html
440
. Kulgam house owner found dead 46 days after his abduction, Greater Kashmir, 11
December 2018, available at https://www.greaterkashmir.com/news/kashmir/kulgam-house-
owner-found-dead-46-days-after-his-abduction/305806.html
(134)
that Sheeraz Ahmed Bhat was abducted and tortured to death by militants
of Jaishe-Muhammad outfit. Police further stated that his body had visible
torture marks and bullet wounds.441
II. Abuses by the Naxalites

According to the Ministry of Home Affairs, since 2011 there had been a
reduction in the “Left Wing Extremism” (LWE) activities across the
country.442 However, 90 districts in 11 States were still considered as
LWE affected by the end of December 2018.443 According to the Ministry
of Home Affairs (MHA), since 2004 when the People’s War (PW) and
the Maoist Communist Centre of India merged to form the CPI (Maoist)
Party, around 7,907 people were killed in the LWE in different parts of
India up to 31 July 2018 and that the majority of the civilians killed are
tribals, often branded as ‘Police informers’ before being brutally tortured
and killed.444
The Maoists were responsible for brutal killing of their hostages after
abduction. The suspects were subjected to summary trial in socalled “Jan
Adalats” (Peoples’ Courts) in full public view and tortured before being
killed to instil fear among the people.
On 11 December 2018, Minister of State for Home Affairs Shri Hansraj

Gangaram Ahir informed the Lok Sabha that during 2015-2018 (upto
15.11.2018), a total of 991 persons including 260 security forces (SF)
and 731 civilians were killed by the Naxals/Maoists.445
2018 (upto
2015 2016 2017
15.11.2018)
State total
SF Civilians SF Civilians SF Civilians SF Civilians
killed killed killed killed killed killed killed killed
Andhra Pradesh 0 8 0 6 1 6 0 3
Bihar 2 15 12 16 0 22 2 12
Chhattisgarh 48 53 38 69 60 70 49 89
Jharkhand 4 52 9 76 3 53 9 31
441
. Kulgam man abducted, tortured to death by militants: Police tells SHRC, Rising Kashmir,
9 February 2019, available at http://risingkashmir.com/news/kulgam-man-abducted-tortured-
to-death-by-militants-police-tells-shrc-343519.html
442
. Annual Report 2017 -18 of the Ministry of Home Affairs, p.9
443
. Statement of Minister of State in the Ministry of Home Affairs Shri Hansraj Gangaram
Ahir in response to Unstarred Question No. 401 in the Lok Sabha on 5 February 2019
444
. https://mha.gov.in/division_of_mha/left-wing-extremism-division (accessed on 10 January
2019)
445
. Statement of Minister of State in the Ministry of Home Affairs Shri Hansraj Gangaram
Ahir in response to Unstarred Question No. 24 in the Lok Sabha on 11 December 2018
(135)
MP 0 0 0 2 0 1 0 0
Maharashtra 2 16 3 20 3 13 0 11
Odisha 3 25 3 24 8 21 1 11
Telangana 0 2 0 0 0 2 0 2
Uttar Pradesh 0 0 0 0 0 0 0 0
West Bengal 0 0 0 0 0 0 0 0
Others 0 0 0 0 0 0 0 0
Total 59 171 65 213 75 188 61 159 991
The details are as follows.
During 2018, the Maoists continued to torture and kill people on charges
of being “police informers”, or simply for not obeying their diktats.
Majority of the victims were tribals.
On the night of 20 February 2018, the Maoists allegedly killed a villager
(identity unknown) at Orapadar village in Malkangiri district of Odisha.
Around 20 Maoists barged into his house and abducted him. The victim’s
throat was slit on the outskirts of the village.446
On the night of 17 March 2018, Bijay Sahu was allegedly killed by the
Maoists on suspicion of being a police informer at Salepali village under
the Paikmal Police Station in Bargarh district in Odisha. Armed Maoist
cadres barged into Sahu’s house at around 8 pm and dragged him out
and took him to nearby forest and killed him. A Maoist poster was found
near the victim’s body declaring that he was a police informer and was
killed for passing information to the police.447
On 25 April 2018, the Maoists allegedly killed a Sarpanch (village head)
identified as Somaruram Mandavi on suspicion of being a police informer
at Darba village under Kutru Police Station in Bijapur district of
Chhattisgarh. The victim was attacked as he was sleeping at his house at
Darba village around 10 pm by a group of nearly 50 axe-wielding
Maoists.448
On 15 May 2018, the Maoists allegedly killed a villager (not identified)
on the charges of being a police informer at Temurapalli village under
446
. Maoists kill villager by slitting throat in Odisha’s Malkangiri, Odisha Sun Times, 21
February 2018, available at https://odishasuntimes.com/maoists-kill-villager-by-slitting-
throat-in-odishas-malkangiri/
447
. Maoists kill villager in Bargarh, The Pioneer, 19 March 2018, available at https://
www.dailypioneer.com/2018/state-editions/maoists-kill-villager-in-bargarh.html
448
. Bastar: Maoists kill sarpanch, villager for allegedly being police informants, The Week, 26
April 2018, available at https://www.theweek.in/news/india/2018/04/26/bastar-maoists-
sarpanch-villager-police-informants.html
(136)
Mathali Police Station in Malkangiri district of Odisha. Armed Maoist

cadres called the victim from his house at Temurapalli village and then
slit his throat with a sharp weapon in broad daylight. The Maoists claimed
that he was a police informer.449
On 27 May 2018, Vanjami Sukda, aged 45 years, was allegedly killed by
the Maoists on suspicion of being a police informer near Punpalli village
under Dornapal Police Station in Sukma district of Chhattisgarh. A group
of Maoists reached Sukda's farmland adjacent to a hill, around 3 kms
away from Punpalli village and slit his throat. A Maoist pamphlet was
recovered from the spot in which the deceased was accused of being a
police informer.450
On 20 June 2018, Ganga Madkami, a tribal farmer aged 30 years, was
allegedly shot dead by the Maoists on the suspicion of being a police
informer at Sudhakunda village under Kalimela Police Station in
Malkangiri district, Odisha. A group of about 20 armed Maoists reportedly
barged into the house of the victim late in the night of 20 June, took him
to a deserted place near the village and shot dead from close range.451
On 28 July 2018, Jayaram alias Saloo, a tribal aged 30 years, was allegedly
killed by the Maoists on suspicion of being a police informer at the Chukka
Goyyi tribal hamlet in Visakhapatnam district, Andhra Pradesh. Earlier,
the Maoists had warned the victim against passing information to the
security forces regarding their whereabouts.452
On 11 September 2018, Irpa Venkateswarlu, a tribal aged 52 years, was
allegedly killed by the Maoists on suspicion of being a police informer
near Kurnavalli forest area in Bhadradri Kothagudem district, Telangana.
449
. Maoists kill villager in Malkangiri, The Pioneer, 16 May 2018, available at https://
www.dailypioneer.com/2018/state-editions/2018-05-16-205807.html
450
. Maoists kill villager in Sukma, Business Standard, 27 May 2018, available at https://
www.business-standard.com/article/pti-stories/maoists-kill-villager-in-sukma-
118052700543_1.html
451
. Maoists kill tribal man in Odisha, The Hindu, 22 June 2018, available at https://
www.thehindu.com/news/national/other-states/maoists-kill-tribal-man-in-odisha/
article24224286.ece
452
. Maoists kills ‘police informer’ in Andhra as their Martyrs’ Week begins, The Hindustan
Times, 28 July 2018, available at https://www.hindustantimes.com/india-news/maoists-kills-
police-informer-in-andhra-as-their-martyrs-week-begins/story-
zuDFHVGwG9OMR8aFq6iJaO.html
453
. Maoists kill tribal in Kurnavalli, The New Indian Express, 12 September 2018, available
at http://www.newindianexpress.com/states/telangana/2018/sep/12/maoists-kill-tribal-in-
kurnavalli-1870931.html
(137)
The victim along with two others was abducted by the Maoists three
days prior to the killing.453
On 23 October 2018, Ananta Ram Bhumia, a tribal, resident of Barubeda
village under Mathili Police Station in Malkangiri district, Odisha, was
allegedly killed by the Maoists at Dhakadrasi village in Malkangiri district.
The victim was abducted from his house at around 11.30 PM on 23
October. At Dhakadrasi village, the Maoists conducted a ‘praja court’
(Jan Adalat) and branded him as a police informer after a summary trial.
They tortured Bhumia before stabbing him with a knife. Bhumia was
found lying in a pool of blood by his family members on the outskirts of
the village. He was taken to Mathili hospital where the doctors declared
him brought dead.454
On 30 October 2018, the Maoists killed a Doordarshan cameraman
identified as Achundanand Sahu and two policemen in an ambush near
Sumeli camp in Dantewada district of Chhattisgarh. A three-member
Doordarshan team was heading to a polling booth in Nilawaya near
Sumeli camp to cover the assembly elections when their vehicle was
attacked.455 On 2 November 2018, the Communist Party of India (Maoist)
issued a handwritten statement that they were not aware that the
Doordarshan crew was present along with the police.456
On the night of 2 November 2018, Maoists allegedly shot dead Naresh
Singh at Ahiyari village under Madanpur Police Station area in Aurangabad
district of Bihar. The victim was abducted and then and shot dead.457
On the night of 7 November 2018, Raju Paswan, a chowkidar, was

allegedly abducted and killed at Rengania village under Amas Police
Station in Gaya district of Bihar. The family members later found the
454
. Odisha: 5 Maoists arrested for murder of tribal, The New Indian Express, 29 October
2018, available at http://www.newindianexpress.com/states/odisha/2018/oct/29/odisha-5-
maoists-arrested-for-murder-of-tribal-1891440.html
455
. Doordarshan cameraman, two cops killed in Maoist attack in Chhattisgarh, The Hindustan
Times, 30 October 2018, available at https://www.hindustantimes.com/india-news/
doordarshan-cameraperson-killed-in-attack-by-maoists-in-chhattisgarh-s-dantewada/story-
G239faslPWfS5WwAo8Q3mI.html
456
. Had No Intention To Kill Doordarshan Cameraperson, Say Maoists Owning Up To
Dantewada Attack, Huffington Post, 2 November 2018, available at https://
www.huffingtonpost.in/2018/11/02/had-no-intention-to-kill-doordarshan-cameraperson-say-
maoists-owning-up-to-dantewada-attack_a_23578419/
457
. Maoists kill a villager in Bihar, UNI, 3 November 2018, available at http://
www.uniindia.com/maoists-kill-a-villager-in-bihar/east/news/1396614.html
458
. Maoists abduct and kill Gaya village guard, The Telegraph, 9 November 2018, available
at https://www.telegraphindia.com/states/bihar/maoists-abduct-and-kill-gaya-village-guard/
cid/1674398
(138)
bullet riddled body of Raju, who was allegedly killed on the suspicion of
keeping a close watch on the activities of the Maoists.458
On 27 December 2018, Guru Khila, aged 48 years, a tribal, was allegedly
killed by the Maoists on the suspicion of being a police informer near
Badadural in Tankamuna area in Malkangiri district, Odisha. The body of
the victim was found by the villagers with his throat slit with sharp
weapon along a road near Badadural in Tankamuna area.459
459
. Maoists Kill Tribal In Malkangiri, Odisha TV, 27 December 2018, available at https://
odishatv.in/odisha/maoists-kill-tribal-in-malkangiri-16186
(139)
7. TORTURE BY OTHER NON-STATE

ACTORS (UPPER CASTES)
Hightlights
A total of 39,408 cases of atrocities against the Scheduled Castes
(also known as Dalits) were recorded during 2013; 40,401 cases
during 2014; 38,670 cases during 2015; and 40,801 cases during
2016 which is the latest data available from the NCRB.
The conviction rate for crimes against the Dalits remained very low.
It has in fact come down from 28.3% during 2014 and 27.1 during
2015 to 25.7% during 2016.
During 2018 the Dailts were attacked, tortured, subjected to other
forms of cruel, inhuman or degrading treatment or punishment and
killed by the members of the upper castes, among others, for riding a
horse or owning a horse; sitting crossed-legs; fetching water from
common sources of water such as well; swimming/bathing in the
swimming pools; participation or watching of Hindu religious
festivals; sporting moustaches; wearing jeans, shirts, gold chain or
shoes; pasting stickers of symbols like Shivaji on their motorcycles;
riding a motorcycle; having loving affairs with upper caste girls/
women; sitting on a chair at the village panchayat office; seeking
information from their upper caste employers; refusal to serve/work
for upper castes; objecting to casteist remarks/slurs; or on mere
suspicion of theft.
While convicting 33 upper caste persons in infamous “Mirchpur Dalit
killing case” in Haryana, the Delhi High Court in its judgment dated
24 August 2018 observed, “71 years after Independence, instances of
atrocities against Scheduled Castes by those belonging to dominant castes
have shown no sign of abating. The incidents that took place in Mirchpur
between 19th and 21st April 2010 serve as yet another grim reminder of “the
complete absence of two things in Indian society” as noted by Dr. B.R. Ambedkar
when he tabled the final draft of the Constitution of India before the
Constituent Assembly on 25th November 1949. One was ‘equality’ and the
other, ‘fraternity’’.
India has a history of attacks and discrimination against the Dalit

community, formerly known as "untouchables". Discrimination on the
basis of caste is outlawed in India but remains widespread across the
country, with honourable exception in the North-eastern region, because
of the failure of the States to implement these laws including the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
(141)
On 24 July 2018, the Minister of State in the Ministry of Home Affairs,

Hansraj Gangaram Ahir informed the Lok Sabha that a total of 39,408
cases of atrocities against the Scheduled Castes (also known as Dalits)
were recorded during 2013; 40,401 cases during 2014; 38,670 cases
during 2015; and 40,801 cases during 2016 which is the latest data
available.460 The conviction rate for crimes against the Dalits remained
very low. It has in fact come down from 28.3% during 2014 and 27.1
during 2015 to 25.7% during 2016.461
During 2018 the courts nonetheless delivered some of the historic verdicts
in cases of caste violence against the Dalits. On 24 August 2018, the
Delhi High Court convicted 33 upper caste persons, including 12 persons
to life imprisonment for killing and arson attack on Dalits at Mirchpur
village in Haryana's Hisar district in April 2010.462 The other cases included
(1) sentencing of six upper caste men to death for killing three Dalits in
Sonai in Ahmednagar district of Gujarat in 2013 by a Sessions Court on
18 January 2018;463 (2) sentencing of 11 persons to life imprisonment
for burning alive a Dalit man named Lalji Sarvaiya in Una in Gir Somnath
district of Gujarat by a Sessions Court on 29 November 2018;464 and (3)
sentencing 20 men to various prison terms for assaulting and parading a
Dalit woman naked in Bhojpur district of Bihar by a District and Sessions
court on 1 December 2018.465
During 2018 the Dailts were killed, attacked, tortured, and subjected to
other forms of cruel, inhuman or degrading treatment or punishment by
the members of the upper castes, among others, for riding a horse or
owning a horse; sitting crossed-legs; fetching water from common sources
of water such as well; swimming/bathing in the swimming pools;
460
Unstarred Question No. 1060 in the Lok Sabha on 24 July 2018
461
Unstarred Question No. 623 in the Lok Sabha on 06 February 2018
462
. Mirchpur Dalits killing case: HC convicts 33, 12 gets life term, Pioneer, 24 August 2018,
available at https://www.dailypioneer.com/2018/top-stories/mirchpur-dalits-killing-case-hc-
convicts-33-12-gets-life-term.html
463
. Sonai honour killing case: Court sentences six to death for killing three Dalit men in
2013, The Indian Express, 20 January 2018
464
. Gujarat: 11 get life term for burning alive Dalit man in Una, The Indian Express, 30
November 2018, available at https://indianexpress.com/article/india/gujarat-11-get-life-
imprisonment-burning-alive-dalit-man-una-gir-somnath-5470925/
465
. Bihar court sentences 20 men to prison for thrashing, parading Dalit woman naked on
the streets, Times Now, 1 December 2018, available at https://www.timesnownews.com/
mirror-now/society/article/bihar-arrah-assault-parade-woman-naked-streets-court-
imprisonment-mob-lynching/324279
(142)
participation or watching of Hindu religious festivals; sporting

moustaches; wearing jeans, shirts, gold chain or shoes; pasting stickers of
symbols like Shivaji on their motorcycles; riding a motorcycle; having
loving affairs with upper caste girls/women; sitting on a chair at the
village panchayat office; seeking information from their upper caste
employers; refusal to serve/work for upper castes; objecting to casteist
remarks/slurs; or on mere suspicion of theft.
Some of the emblematic cases are highlighted below:

A. Cases of being beaten to death
On 2 March 2018, Jaswant Jatav, a Dalit aged 28 years, was allegedly
beaten to death by a group of people who also set his hut on fire over an
old enmity at Badore-Santaka-Nangla in Bharatpur district in Rajasthan.466
On 2 March 2018, Neeraj Jatav, aged 16 years, was killed allegedly for
objecting to the loud music being played by some upper caste people
during Holi celebrations at Bhiwadi village in Alwar district of Rajasthan.
The victim’s father Babu Lal Jatav, however, said that Neeraj was only
standing near the place where the music was being played. Two men who
made casteist remarks started assaulting the victim for standing there.
Neeraj left the place but some 15-16 people arrived in a car and 2-3
motorcycles and started beating him with hockey sticks leading to his
death on the spot. The police lodged a case against six named people –
most of them from the dominant Gurjar community – and other
unknown persons for murder, among other charges.467
On 29 March 2018, Pradeep Rathod, a Dalit aged 21 years, was allegedly
beaten to death for owning and riding a horse by upper caste men at
Timbi village in Bhavnagar district of Gujarat. His body was found on
the night of 29 March from a farm house at Timbi village with the horse
that he had bought two months ago also lying dead nearby. The complaint
466
. Rajasthan Dalit man ‘beaten to death’, hut set on fire, The Tribune, 3 March 2018,
available at https://www.tribuneindia.com/news/nation/rajasthan-dalit-man-beaten-to-
death—hut-set-on-fire/552214.html
467
. Two Dalits beaten to death in Rajasthan, one of them for protesting loud music on Holi,
The Hindustan Times, 3 March 2018, available at https://www.hindustantimes.com/jaipur/
two-dalits-beaten-to-death-in-rajasthan-one-of-them-for-protesting-loud-music-on-holi/
story-F5F7OmDBNocLbhjx8pFTiN.html
(143)
filed by Pradeep’s father Kalubhai Rathod named one Natu Darbar and
an unidentified person as accused.468 Kalubhai said his son had been warned
not to ride the horse as this was an upper-caste privilege. Owning a horse
is seen as a symbol of power and wealth in parts of India.469
On 28 April 2018, members of the upper caste Gujjars allegedly abducted
and tortured two Dalit teenagers identified as Akash Khondwal, aged 19
years, and his nephew Manish, aged 16 years, at Kamala village in Baghpat
district of Uttar Pradesh.470 On 7 May 2018, Akash Khondwal succumbed
to his injuries at the Meerut Critical Care Hospital.471 The deceased was
targeted by the Gujjar youths after a Dalit boy and a Gujjar girl eloped
from the village on April 22. The attack on the Dalits was allegedly
ordered by the Village Panchayat led by its pradhan (chief), Pramod Rana
in the Gujjar-dominated village. Manish told the media that “They
kidnapped Akash and me and took us to different places. I was taken near the
fields, forced to the ground and beaten with an iron rod. I begged them to stop,
but they said they wanted to teach everyone in my community a lesson.” In his
complaint, Akash’s father Dhanpal alleged that his son was kept in captivity
for hours, beaten up and tortured, before being abandoned near the village
on 28 April 2018. Doctors said that apart from a fractured leg and other
injuries, the deceased’s kidneys had been damaged due to torture, and his
nails had been pulled out. Following the complaint, the police arrested
seven accused including Rajveer, Rajpal, Rameshwar, Pappu, Birendra
and Raj Singh and an FIR was filed under IPC Sections 307 (attempt to
murder), 323 (voluntarily causing hurt), 324 (causing hurt by dangerous
weapon) and sections of the SC/ST Act. Of the 43 Dalit homes in the
village, residents of about 13 have fled fearing further retaliation.472
468
. Dalit man killed by upper caste duo in Gujarat for owning, riding a horse, The Hindustan
Times, 30 March 2018, available at https://www.hindustantimes.com/india-news/dalit-man-
k il le d-by- upper - ca st e -duo- in-g uja ra t -f or- ow ning- r iding -a -hors e/ s tory -
uKtEp39swb4srUSwj0IRHI.html
469
. Indian lowest-caste Dalit man killed ‘for owning horse’, BBC, 31 March 2018, available
at https://www.bbc.com/news/world-asia-india-43605550
470
. After two beaten up, Dalits desert Baghpat village, The Indian Express, 6 May 2018,
available at https://indianexpress.com/article/india/after-two-beaten-up-dalits-desert-
baghpat-village-gujjars-uttar-pradesh-5165113/
471
. Dalit youth assaulted by Gujjars succumbs to injuries, The Times of India, 8 May 2018,
available at https://timesofindia.indiatimes.com/city/meerut/dalit-youth-assaulted-by-gujjars-
succumbs-to-injuries/articleshow/64076397.cms
472
. After two beaten up, Dalits desert Baghpat village, The Indian Express, 6 May 2018,
available at https://indianexpress.com/article/india/after-two-beaten-up-dalits-desert-
baghpat-village-gujjars-uttar-pradesh-5165113/
(144)
On 20 May 2018, a Dalit ragpicker identified Mukesh Vaniya, aged 40

years, was held captive and allegedly beaten to death by five persons
including a minor boy at Shapar village in Rajkot district of Gujarat. The
deceased along with his wife Champa alias Jaya and their relative Savita
were collecting metal scrap from near Radadiya Industries at Shapar village
when they were beaten up.473 Following a complaint lodged by the victim's
wife, the police have registered a case of murder and other charges against
five unidentified persons under the IPC and Scheduled Castes & Scheduled
Tribes (Prevention of Atrocities) Act. On 22 May, the National Human
Rights Commission issued a notice to the State government of Gujarat.
The NHRC stated that “the contents of the news report, if true, raise serious
issue of violation of human rights of the victims.”474 The police later arrested
the five accused identified as Jaysukh Radadiya, owner of the factory, and
his four friends, Chirag Patel, Divyesh Patel, Jaysukh Radadiya and Tejas
Zala. They were booked under the SC/ST (Prevention of Atrocities) Act
and sections of the IPC relating to murder, assaulting a woman and
wrongful confinement.475 On 21 May, the Gujarat government announced
Rs 8.25 lakh compensation for Vaniya’s family.476
In the last week of May 2018, three Dalits identified as K Arumugam,
aged 65 years, A Shanmuganathan, aged 31 years, and Chandrasekar were
killed by a mob of dominant caste Hindus for allegedly sitting crossed-
legs at Kachanatham village in Sivaganga district of Tamil Nadu. The
trouble started on 26 May when two Dalit youths namely Theiventhiran
and Prabakaran sat with their legs crossed outside the Karuppasamy temple.
Two caste Hindus who came there objected and abused the Dalit youths
for sitting crossed-legs in their presence which they claimed to be a
dishonour to the upper castes. The attackers belonging to the upper castes
led a pre-planned attack on the Dalits. While K Arumugam and A
Shanmuganathan succumbed to their injuries on the night of 28 May,
Chandrasekar died on 31 May.477
473
. NHRC notice to Gujarat government over attack on Dalit ragpicker, The Indian Express,
23 May 2018
474
. NHRC press release titled “NHRC notice to the Government of Gujarat over the
reported death of a Dalit rag picker due to beating by five men in Rajkot (22.05.2018)”,
available at http://nhrc.nic.in/press-release/nhrc-notice-government-gujarat-over-reported-
death-dalit-rag-picker-due-beating-five
475
. Dalit ragpicker Mukesh Vaniya beaten to death in Rajkot; five people arrested, The
Indian Express, 22 May 2018, available at https://indianexpress.com/article/india/dalit-
ragpicker-beaten-to-death-in-rajkot-5184794/
476
. Dalit beaten to death in Rajkot, 5 held after video goes viral, The Times of India, 22 May
2018
477
. Tamil Nadu: Three Dalits killed for sitting cross-legged by a group of upper caste men,
DNA, 1 June 2018, available at https://www.dnaindia.com/india/report-sitting-cross-legged-
cost-3-dalits-their-lives-in-tamil-nadu-2620916
(145)
On 24 June 2018, Rani Devi, a Dalit woman aged 65 years, was allegedly
beaten to death by a 30-year-old upper caste man identified as Shalu
Singh at Datauli village in Fatehpur district in Uttar Pradesh. Station
House Officer (SHO) Rajesh Maurya of the Datauli Police Station stated
that the accused might have assaulted the victim due to one of her goats
entering the accused's orchard. Some reports suggested that the victim
was killed for eating a mango which had fallen from one of the trees in
the orchard.478
On 14 September, Pranay Perumalla, a Dalit aged 24 years, was allegedly
murdered in front of his wife, Amrutha who belonged to a wealthy,
upper caste family in a case of honour killing. Amrutha told BBC Telugu,
“My father killed my husband because he did not belong to the same caste as
me.” The couple married in January 2018 despite objections from the
girl’s parents. Police arrested Amrutha's father, Maruti Rao, and six others,
including Mr Rao's brother and three alleged contract killers, in connection
with the murder.479
On 18 October 2018, Asaram Meghwal, a Dalit aged 22 years, was
allegedly beaten to death by members of upper caste for a love affair with
an upper caste girl at Satra village in Churu district in Rajasthan. The
police arrested two accused identified as Shrawan and Dinesh Jangid of
Satra village.480
B. Cases of being set on fire

On 21 June 2018, a Dalit farmer Kishorilal Jatav, aged 64 years, was
allegedly burnt alive by four upper caste men belonging to Yadav
community at Parseria-Ghatkhedi village on the outskirts of Bhopal in
Madhya Pradesh. The victim had protested against encroachment of his
agricultural land by the accused. The accused identified as Tiran Singh
Yadav, his son Prakash, and relatives Sanju and Balbir were arrested and
booked under Sections 302, 447 and 34 of IPC, besides provisions of
478
. Man beats 65-year-old woman to death in UP for eating a mango from his orchard, Times
Now, 27 June 2018, available at https://www.timesnownews.com/mirror-now/crime/article/
man-beats-65-year-old-woman-to-death-in-up-for-eating-a-mango-from-his-orchard/246414
479
. India killing: ‘My father ordered my husband’s murder’, BBC, 20 September 2018,
available at https://www.bbc.com/news/world-asia-india-45570981
480
. Dalit man beaten to death in Rajasthan, 2 arrested: police, The Indian Express, 21
October 2018, available at https://indianexpress.com/article/india/dalit-man-beaten-to-death-
in-rajasthan-2-arrested-police-5410889/
(146)
SC/ST Act. A special investigation team (SIT) was constituted on 22

June to probe the incident.481
On 3 August 2018, Pardesi, a Dalit aged 32 years, was assaulted and then
set on fire by two persons at Satoha village in Mathura district, Uttar
Pradesh.482 Reports stated that the victim was set on fire for not sharing a
packet of gutkha. He suffered 20% burn injuries and rushed to a hospital.
The accused were identified as Raju and Rahuk Thakur.483
C. Cases of degrading and humiliating treatment

On 14 January 2018, a 27-year-old Dalit youth, resident of Muzaffarnagar
in western Uttar Pradesh, was allegedly beaten with sticks by three Gujjar
upper caste men who hurled abuses, kicked him and forced him to chant
‘Jai Mata Di’ in the Purkazi Police Station area in Muzaffarnagar district.
After a video of the assault was uploaded on the social media, the police
lodged an FIR at the Purkazi Police Station against the accused under
IPC sections 307 (attempt to murder), 295A (deliberate and malicious
acts, intended to outrage religious feelings of any class by insulting its
religion or religious beliefs) and sections of the SC/ST Act and the
Information Technology Act.484
On 7 February 2018, Mahesh Chauhan, a Dalit, who used to work as the
manager of the mid-day meal scheme at Shaikhpur primary school near
Vadnagar town in Mehsana district in Gujarat, allegedly committed suicide
after being tortured by three school teachers. According to the FIR lodged
at the Vadnagar Police Station, Chauhan committed suicide by jumping
into a well near Shaikhpur village of Vadnagar taluka in the morning of 7
February. Based on the ‘suicide note’ recovered by the police from his
body, Chauhan’s wife Ilaben lodged a complaint with Vadnagar police
against three teachers of Shaikhpur primary school alleging that her
husband committed suicide because he was “fed up with the torture by
three teachers, who have been harassing Chauhan for being a Dalit”. The
481
. A day after aged Dalit farmer was burnt alive in Bhopal, SIT constituted to probe the case,
The New Indian Express, 23 June 2018, available at http://www.newindianexpress.com/
nation/2018/jun/23/a-day-after-aged-dalit-farmer-was-burnt-alive-in-bhopal-sit-constituted-
to-probe-the-case-1832186.html
482
. Dalit Youth Set On Fire In UP, Outlook, 4 August 2018, available at https://
www.outlookindia.com/website/story/dalit-youth-set-on-fire-in-up/314459
483
. UP Dalit ‘Set on Fire’ for Refusing to Share Gutkha, Suffers 20% Burns; Cops Dispute
His Version, 4 August 2018, available at https://www.news18.com/news/india/up-man-
allegedly-set-on-fire-after-scuffle-over-a-packet-of-gutkha-1833711.html
484
. Uttar Pradesh: Dalit youth beaten with sticks, made to chant ‘Jai Mata Di’, The Indian
Express, 17 January 2018
(147)
three teachers identified as Momin Hasan Abbasbhai, Vinod Prajapati

and Amaji Thakor were booked for abetting suicide (IPC section 306)
and under various sections of SC/ST Act.485
On 21 April 2018, a 21-year-old Dalit student was allegedly beaten up
by two members of the Gujjar community when he refused to perform
household work for them at Phulwari village in Palwal district of Haryana.
Communal tension prevailed at the village forcing some 10 Dalit families
to flee the village in its aftermath. As per the FIR on 21 April 2018, the
Dalit student was heading to a nursing home where his sister was admitted.
On the way, he met a man from the Gujjar community, who asked him
to do some household work. When he refused to oblige, he was beaten
up. Then the accused’s brother came with a stick and hit the victim on
his arms and shoulders.486
On 7 June 2018, Pallavi Jadhav, aged 48 years, an anganwadi worker, was
allegedly attacked by members of the Darbar community, for “sitting on
a chair at the panchayat office” in Ahmedabad district of Gujarat. The
FIR registered at Koth Police Station in Ahmedabad district on 7 June
stated that the prime accused Jayrajsinh Vegad asked Pallavi why she was
sitting on a chair and kicked the chair, causing Pallavi to fall off it.
According to the FIR, “Pallavi Jadhav was involved in Aadhaar card work
at the panchayat office, on the campus of the village school. Vegad came there,
abused her with casteist slurs and knocked her off the chair. Nine persons (all
from the Darbar community) then came and attacked her with sticks, pipes
and a bladed agricultural implement….When her son Jigar and husband
Ganpat rushed to the spot to rescue her, they were also attacked by Vadher and
10 other accused persons.” The accused were identified as Kanu Chavda,
Gambhu Vegad, Sanjay Vegad, Bharat Vegad, Lalu Vegad, Prabhat Vegad,
Ghanshyam Vegad, Mahendra Vegad, Ranu Chavda, Jayraj Vegad and
the son (name unknown) of Babu Nathubhai. The police booked the
accused persons for offences of assault and criminal intimidation under
IPC and under the SC/T Act.487
On 10 June 2018, two minor Dalit boys from the Matang community
were allegedly beaten up and paraded naked for swimming in a village
well at Vakadi village in Jalgaon district of Maharashtra. The matter came
to light only when a video of the boys being paraded naked went viral.
485
. Dalit mid-day meal manager ends life after ‘torture’ by teachers in Gujarat, The Financial
Express, 7 February 2018
486
. Palwal tense after Dalit-Gujjar clashes, police probing incidents, The Indian Express, 9
June 2018
487
. In Gujarat, Dalit woman attacked for sitting on chair, The Times of India, 8 June 2018
(148)
In the video, the Dalit boys can be seen wearing sandals and tree leaves
and shows one person whipping them on the legs and back with sticks
and what appeared to be a leather belt.488 On 13 June, the mother of one
of the boys filed a complaint.489
On 13 June 2018, a Mahesh Rathod, a Dalit aged 13 years, a resident of

Vithalapur village of Ahmedabad district in Gujarat, was allegedly beaten
up by a group of upper caste Darbar community boys in neighbouring
Becharaji town of Mehsana district in Gujarat for dressing up like a Darbar.
Mahesh was wearing jeans, a shirt, a thick gold chain and Rajwadi Mojaris
(traditional embroidered leather shoes). He belonged to Valmiki
community, the most backward among Dalits, and they earn their
livelihood by playing ‘dhol (drum)’ in the village and surrounding areas.
The accused boys had made two videos of their act on mobile phones
and published it on social media following which the incident came to
light. In the two videos, the Darbar boys are seen slapping and kicking
Mahesh for ‘being’ a Darbar. Mahesh identified one of the accused as one
‘Bharatsinh’ from his Vithalapur village. Yet, the victim’s father was too
scared to file a complaint.490 However, after assurance of safety and
protection by the police, Rathod's family lodged a complaint against
four persons. All accused were booked under Section 365, 323, 504,
342 of the IPC, the SC/ST Act and the Gujarat Police Act. On 16 June,
the police arrested two persons identified as Jaydeepsinh Darbar and
Cheharsinh Darbar in connection with the assault while two other accused
were absconding.491
On 16 June 2018, a 17-year-old Dalit boy of Thandewala village was
allegedly tied to a tree, half-stripped, beaten up and given shocks by
some farmers belonging to dominant caste over suspicion that he stole
two bottles of soft drink, a pressure cooker and “ghee” from their fields
in Sri Muktsar Sahib district of Punjab. A video of the incident which
went viral on the social media showed some youths thrashing the boy
tied to a tree and asking him to name his accomplices. Thereafter the
victim was handed over to the police and kept in illegal detention for
three days at the Sadar Muktsar Police Station despite family members
488
. 3 Jalgaon Dalit boys beaten, paraded naked for swimming in well, Asian Age, 15 June
2018
489
. Ramdas Athawale visits Dalit boys harassed in Jalgaon, grants Rs 11 lakh each, The New
Indian Express, 17 June 2018
490
. Gujarat: Dalit boy beaten up for showing ‘Darbar-like etiquette’ in Becharaji town, The
Indian Express, 15 June 2018, available at https://indianexpress.com/article/india/gujarat-
dalit-boy-beaten-up-for-showing-darbar-like-etiquette-in-becharaji-town/
491
. 2 held for thrashing Dalit boy in Bechraji, Times of India, 17 June 2018
(149)
and other villagers requesting the Police Station in-charge to release him
immediately. The victim was released from backdoor only after the media
and social activists stormed the Police Station. No action was taken against
the accused upper caste persons who tortured the Dalit boy. Baldev Singh,
the victim’s father, told the media, “My son had taken some sheep to graze.
As one of them went missing, he searched for it. Some farmers tied him to a tree,
removed his trousers and thrashed him before giving him shocks. Later, they even
handed him to the police, where he was kept in illegal custody”. Baldev alleged
that his son was targeted as he belonged to a lower caste.492
On 17 June 2018, a Dalit bridegroom identified as Prashant Chamar
alias Prashant Solanki was allegedly forced to get off the horse during his
wedding procession by some upper caste men of the Rajput community
at Parsa village of Mansa taluka in Gandhinagar, Gujarat. The accused
youths stated that riding horses was the “sole prerogative of Darbars” or
upper castes.493 Later, the marriage procession was carried out under police
protection.494
On 21 June 2018, Dayaram Ahirwar, a Dalit aged 30 years, was allegedly
beaten up for riding a motorcycle past the home of village sarpanch at
Dharampur village in Tikamgarh district of Madhya Pradesh. As per the
complaint filed by the victim, he was beaten up by Hemant Kurmi, the
sarpanch of Dharampur village, his brothers and one of their neighbours
for riding a motorcycle. The accused allegedly told Ahirwar that while
passing by their homes, he should have dragged the motorcycle instead
of riding it. Based on the complaint, the police arrested Hemant Kurmi,
his brothers Vinod, Munnu and Aniruddh and neighbour Dinesh Yadav
on the night of 24 June. They were booked under the SC/ST Act and
various provisions of IPC.495
On 25 June 2018, Jaidev Parmar, a Dalit aged 18 years, was allegedly
beaten up by a group of eight to 10 persons for pasting a sticker of
Shivaji with a moustache on his bike at Akbaa village, 10 km from
Bahucharaji in Mehsana district, Gujarat. The victim stated that when
one of his family members Chanchal Parmar (aged 70 years) tried to save
492
. Accused of theft, Dalit boy tied to tree, given shocks, Tribune, 21 June 2018, available at
https://www.tribuneindia.com/news/punjab/accused-of-theft-dalit-boy-tied-to-tree-given-
shocks/608395.html
493
. Dalit groom forced off horse, Ahmedabad Mirror, 18 June 2018
494
. Gujarat: Dalit groom reaches bride’s home on horse under police protection in, The
Indian Express, 18 June 2018, available at https://indianexpress.com/article/india/gujarat-
dalit-groom-reaches-brides-home-on-horse-under-police-protection-in-5221751/
495
. Dalit beaten for riding motorbike, The Telegraph, 26 June 2018
(150)
him, she too was beaten up by the accused. The police arrested five persons
namely Veersangh Jhala (aged 19 years), Ranubha Jhala (aged 20 years),
Ramji Jhala, aged 37 year, Vikramsinh Jhala, aged 19 years, and Danbha
Jhala, aged 21 years under various sections of IPC and SC/ST Act.496
On 9 July 2018, Pravin Dahyabhai Parmar, a Dalit man in his 30s, was
allegedly beaten up by his employer for seeking information about his
Employee Provident Fund (EPF) number in Ghatlodiya area of Ahmedabad
city of Gujarat. The police booked Shrenik Jain, the victim’s employer in
the Shilp Indane Gas Agency under SC/ST Act following complaint by
Parmar. Parmar stated in his complaint that when he asked about his EPF
number and its status, Jain started beating Parmar and hurled casteist
remarks.497
On 24 July 2018, a petition was filed in the Odisha Human Rights
Commission (OHRC) by human rights activist Pradipta Nayak seeking
investigation into the physical and sexual assault of Dalit families and
their debarment from the village by the upper caste members at Nuagan
under Bramhagiri police limits in Puri district of Odisha. According to
the petition, Sukanti Sethi, aged 42 years, wife of Ashok Sethi belonging
to Dalit community of Nuagan lodged a complaint about the physical
and sexual assault, casteist remarks, theft of household articles, breakdown
of houses and ostracism from the village by the upper caste people on 23
July 2018 but the police failed to take any action. On that day, the victim
was physically beaten up, molested, and forced to walk on the road by
the upper caste people. Ramamani Sethi, aged 60 years, who came to the
rescue of Sukanti was also brutally attacked by one of the accused identified
as Sukanta Mohapatra. Another attacker kicked eight-month pregnant
Pratima Sethi, aged 25 years, daughter-in-law of Sukanti. Later, when
the Dalits protested by refusing to wash the clothes of the upper castes,
the Dalit villagers were socially boycotted and further attacked. Yet, the
police and the district administration did not take any action.498
On 31 July 2018, three persons belonging to the upper caste allegedly
tortured a Dalit helper identified as Pawan at a shop situated under Kotwali
Police Station in Patiala district of Punjab on the suspicion of stealing
cash from the shop and shared the video of the atrocity on social media.
496
. Dalit youth beaten up for pasting Shivaji’s sticker on bike, 3 held, The Times of India, 26
June 2018
497
. Dalit man thrashed for seeking his EPF number, The Times of India, 10 July 2018
498
. Petition filed in OHRC over torture of Dalit families in Puri, Pragativadi News, 24 July
2018, available at http://pragativadi.com/petition-filed-in-ohrc-over-torture-of-dalit-families-
in-puri/
(151)
In the video the Dalit was stripped naked and hit with rods. Earlier, the
police had already found the allegation of theft to be untrue and let off
Pawan.499
On 1 August 2018, Vijay, a Dalit youth, was allegedly beaten up by
members of upper caste Darbar community at Kavitha village in Bavla
taluka of Ahmedabad district, Gujarat for sporting moustaches and
wearing shorts. In a complaint to the police, Ramanbhai Ramji Makwana,
a retired government officer, stated that a group of seven upper caste
people assaulted his nephew Vijay with knives and pipes and hurled
casteist abuses for “wearing shorts and sporting a moustache”. Five people
belonging to the Darbar Rajput community were arrested on charges of
rioting, attempt to murder, criminal intimidation, voluntarily causing
hurt, apart from sections of the SC/ST Act.500
On 26 August 2018, Ronak Dabhi, a Dalit aged 18 years, was allegedly
beaten up by six persons from upper caste Darbar community at Poicha
village in Savli taluka under Vadodara district of Gujarat for pasting a
picture of moustaches and a sticker of ‘Banna’ on his motorcycle. ‘Banna’
is a colloquial term used for men from ‘Darbar’ community. On 31 August,
the victim’s father Mukesh Dabhi who was an eye witness to the assault,
filed a police complaint stating that the accused namely Manoj Rathod,
Mahesh Rathod, Rajendrasinh Rathod, Mahendrasinh Rathod, Parth
Rathod and Dilipsinh Rathod kept beating Ronak for writing word
‘Banna’ on his motorbike despite being a Dalit. A case was registered for
offences of rioting, assault and violation of SC/ST Act.501
On 23 September 2018, two members of the Dalit community
were allegedly beaten up by members of the upper caste Thakor
communit y in t he Idga h a re a of Ahme da ba d in Gujara t for
wa t c hing a Ga npa t i proce s sion, a Hindu r e ligiou s fe st i va l.
According to the FIR registered at Madhavpura Police Station by
Jigar Rathod, Dalit community members were watching a Ganpati
procession when the members of t he Thakor community
threatened them to “stay away from Ganpati’s gulal or it would
499
. Former Youth Akali president amongst three booked for ‘torturing’ Dalit helper, The
Times of India, 8 August 2018
500
. Dalits allegedly thrashed in Gujarat for sporting moustache, wearing shorts, The Indian
Express, 2 August 2018, available at https://indianexpress.com/article/cities/ahmedabad/
gujarat-dalits-allegedly-thrashed-for-sporting-moustache-wearing-shorts-five-arrested-
5286174/
501
. Dalit youth thrashed for moustache stickers on bike, The Times of India, 2 September
2018
(152)
get polluted”. Police lodged a case under various sections of the IPC and
SC/ST Act.502
On 27 September 2018, Hari Singh, a Dalit aged 21 years, was allegedly
tortured by some upper caste people for allegedly having a love affair
with an OBC girl at Sahajana village under Meerganj Police Station in
Bareilly district of Uttar Pradesh. The accused persons entered into the
girl’s house, dragged out the Dalit youth, tied him to a pole and tortured
him. The Uttar Pradesh SC/ST Commission issued notice to the state
police seeking a report within a week.503
On 31 October 2018, Ganga Makwana, a Dalit woman aged 45 years,
was allegedly slapped by an upper caste man when she went to fetch
water from a borewell at Mota Vadala village under Kalawad taluka in
Jamnagar district in Gujarat. According to the complaint filed by the
victim, she was filling water into her pitcher, when Kuldeepsinh Jadeja
arrived there and demanded to wash his jeep. When the victim requested
him to wait till she filled her pitcher, the accused slapped her and hurled
casteist abuses at her. The accused was booked under various sections of
the SC/ST Act and IPC.504
On 8 November 2018, three Dalits identified as Manu Solanki, aged 27
years, Bharat Solanki and Ugabhai Solanki were allegedly beaten up by a
group of upper caste men for objecting to their casteist slurs at Nandrakh
village near Una town in Gir Somnath district of Gujarat. When Manu
Solanki and his relative, Bharat Solanki were passing through Nandrakh
village the upper caste youths started to verbally abuse them for being
Dalits and hurled casteist slurs at them. When they protested, the four
accused persons hit them with sticks. Manu Solanki was attacked with a
knife which left a wound near his face. When another Dalit named Ugabhai
Solanki came to their rescue he too was beaten up. The three injured
victims were admitted at a hospital in Junagadh town. The four accused
were later identified as Ajit Gohil, Mahendra Gohil, Kishor Gohil and
502
. Dalit men thrashed while watching Ganpati procession, The Times of India, 25 September
2018
503
. Assault on Bareilly Dalit youth: SC/ST Commission seeks report from police, The Times
of India, 2 October 2018
504
. Upper caste man assaults Dalit woman, The Times of India, 2 November 2018, available
at https://timesofindia.indiatimes.com/city/rajkot/upper-caste-man-assaults-dalit-woman/
(153)
Aniruddh Gohil, all belonging to an OBC community. They were booked

under various sections of the IPC and the SC/ST Act.505
On the night of 21 December 2018, Amit Chauhan, a Dalit aged 23
years, who worked as a labourer in Woogo Sanitary Works, was allegedly
beaten up by owner Vishal Patel and four other employees identified as
Manish Patel, Jignesh Patel, Chetan Patel and Munna Master, all members
of upper castes in Morbi town in Morbi district of Gujarat. The victim
was beaten with sticks and wooden bats. The accused were booked under
the SC/ST Act and the IPC.506
505
. 3 Dalits Thrashed in Gujarat’s Una for Objecting to Casteist Slur, News18.com, 9
November 2018, available at https://www.news18.com/news/india/3-dalits-thrashed-in-
gujarats-una-for-objecting-to-casteist-slur-1934641.html
506
. Dalit labourer alleges assault by factory owner, The Times of India, 26 December 2018,
available at https://timesofindia.indiatimes.com/city/rajkot/dalit-labourer-alleges-assault-by-
factory-owner/articleshowprint/67248317.cms
(154)
8. JUDICIAL INTERVENTIONS AGAINST

TORTURE
Hightlights
Life imprisonment for custodial torture:
In January 2018, the Delhi High Court upheld the life imprisonment
awarded by the trial court to constable Anil Kumar for murder and
five years prison terms awarded to then sub-inspector (SI) Sher Singh
for the offence of culpable homicide for custodial torture of Jagannath,
S/o Teg Bahadur who later succumbed to his injuries. Jagannath was
picked up by the police for questioning on the intervening night of
1-2 May 1991. Teg Bahadur told the court that he found his son
Jagannath in bad condition in the Lahori Gate Police Station the
next day and right before his eyes constable Anil Kumar had repeatedly
and mercilessly beaten him up. Jagannath was denied medical attention
and he later died at St Stephen's Hospital. In its 108-page judgement,
the Delhi HC stated that “this is a classic case when the guardians of law
became its transgressors and the whole might of the State came down upon
one individual, who belonged to a weaker section of society, inevitably causing
his death”. The bench said it was “spine-chilling” to even imagine the
plight of a father "witnessing first-hand his son being beaten to a pulp by
those in uniform".
Death sentence for custodial death for the first time:
On 25 July 2018, a special court of the Central Bureau of Investigation
(CBI) awarded death penalty to two police officials namely K
Jithukumar (a constable at the time of committing the offence and
promoted to Assistant Sub-Inspector) and SV Sreekumar (then
constable, now a senior civil police officer) and further imposed a
fine of Rs 2 lakh on each of them for torturing to death one
Udayakumar at the Fort Police Station in Thiruvananthapuram in
Kerala in September 2005. The CBI court also awarded three-year
imprisonment to retired Superintendents of Police (SPs) T.K. Haridas
and E.K. Sabu and Deputy Superintendent of Police (DSP) Ajith
Kumar for having attempted to cover up the crime by destroying
evidence and falsifying Police Station records.
Udayakumar, who used to work in a scrap metal shop, and his friend
Suresh Kumar, who faced theft cases, were sitting at a park at around
2 pm on 27 September 2005 and they were picked up by constables
K Jithukumar and SV Sreekumar and taken to Fort Police Station in
(155)
Thiruvananthapuram after allegedly finding Rs 4,000 with Udayakumar.

The prosecution said constables Jithukumar, Sreekumar and K V Soman
tortured Udayakumar to extract a confession that he had stolen the
cash recovered from him. He was beaten mercilessly with cane sticks
on his legs and heavy iron pipe was rolled down his thighs. This form
of torture became infamous as ‘urutti kola’ (rolling murder). The post-
mortem report found 22 injuries and ruptured vessels in the thighs,
and concluded that these ruptures were the cause of death.
The judiciary continued to intervene to award compensation and punish

the culprits where permission for prosecution was given by the government
as cited below.
I. JUDGMENTS AWARDING COMPENSATION

Case 1 : Gujarat High Court awards compensation to
victim of illegal detention in jail507
On 17 January 2018, the Gujarat High Court (HC) asked the State
government of Gujarat to provide compensation of Rs 50,000 to one
Umar Belim, aged 38 years, who was illegally detained in jail for nine
days beyond his jail term and also directed to pay Rs 10,000 to the
victim as legal fees.
Umar Belim was sentenced to jail for 114 days by a family court on 8
August 2018 for not paying alimony money of Rs 1.6 Lakhs to his
estranged wife. Belim served the sentence and was scheduled to be released
on 1 December 2018 but the jail authorities did not allow him to leave
jail. Following this, his brother Abdulla Belim filed a petition before
Gujarat HC on 7 December 2018.
In response to the court notice, the jail authorities admitted that jailer
KA Vadher had made a mistake in counting the days and tendered an
unconditional apology.
Case 2 : Madras High Court awards Rs 5 Lakh

compensation for custodial death508
On 6 March 2018, the Madurai bench of the Madras High Court ordered
the state government of Tamil Nadu to pay Rs 5 lakh compensation to
507
. Gujarat High Court raps government over illegal detention of man, asks to pay Rs
50,000 in compensation, The Ahmedabad Mirror, 18 January 2018
508
. Custodial death: Court orders govt to give Rs 5L relief to family, The Times of India, 7
February 2018
(156)
Gayathri, a widow and two minor children who lost their sole
breadwinner due to police torture in 2010. Of the Rs 5 lakh, the court
directed the government to give Rs 2 lakh to Gayathri, the widow of one
Nambu alias Ramesh and deposit Rs 1.5 lakh each in the names of his
minor children, within two weeks from the receipt of the court order
copy.
A division bench of justices M Sathyanarayanan and R Hemalatha passed
this interim order while it was hearing a batch of appeals filed by the
secretary and police officials Vijaya Baskar, R Balaji and Baskar (who is
now retired).
On 22 April 2010, one Thangavelu handed over Rs 5 lakh and 2 kg of

gold bars in a bag to his driver Ramesh meant for delivery to the owner
of Ravi Fertilizer Shop, Melur in Madurai. However, the gold went missing
when Ramesh was travelling in a bus. He conveyed this to Thangavelu
who in turn lodged a police complaint. The police took Ramesh into the
custody the same night and detained him in illegal custody for seven
days before releasing him. Later, they again picked him up on 10 May
2010. The next day at around 3am, police informed his relatives that he
was in hospital. When they went to see him, they came to know that he
had died.
Ramesh’s widow, Gayathri and two children filed a case in the HC stating
that Ramesh had died in the custody due custodial torture by three police
officials. On 24 March 2017, a single-judge bench of Justice M S Ramesh
passed an order for payment of Rs 10 lakh as compensation to the
petitioners and also recover the same from the three accused police
officials. The accused challenged this single-bench order. On 6 March
2018, the Madurai bench of the Madras HC revised the compensation
amount to Rs 5 lakhs to be paid to the deceased’s family.
Case 3 : Lower court in Kerala orders payment of Rs 2

lakh to victim of custodial torture509
In May 2018, the trial court in Kochi in Kerala ordered three police
personnel to pay compensation of Rs 2,04,750 to a lawyer in a case of
alleged illegal detention and custodial torture in 2010. The lawyer, Vimal
K Charles filed the case alleging that he was illegally detained and tortured
at the Police Station in Kadavanthra in Kochi after he had intervened in
509
. Kerala court orders over Rs 2 lakh relief to lawyer ‘tortured’ in police custody, The New
Indian Express, 23 May 2018, available at http://www.newindianexpress.com /states/kerala/
2018/ may/23/kerala-court-orders-over-rs-2-lakh-relief-to-lawyer-tortured-in-police-custody-
1818156.html
(157)
an incident of manhandling of one person by three other persons in front

of his house on 3 April 2010. The lawyer alleged that he was illegally
detained for about four hours and the policemen did not even inform his
parents about his detention.
Later, when the media reported the incident, the Sub Inspector and the
head constable fabricated the official records and the General Diary entries
to protect themselves.
Case 4 : Gauhati High Court directs State Govt to pay Rs

3 lakh each to families of 16 persons who died in
judicial custody during 2012-2016
On 4 June 2018, the Gauhati High Court directed the Assam government
to pay compensation of Rs 3 lakh each to the next of kin of all the
prisoners who died unnatural deaths while in jail since 2012 within 30
days.510 The state government of Assam informed the High Court that
there were 16 unnatural deaths between 2012 and 2016 in different jails
across the state. Out of these, the state government paid compensation
only to the next of kin of two prisoners as per the direction of the Assam
Human Rights Commission as well as the HC and in remaining 14 cases,
no compensation had been paid yet.511
The order of the Gauhati HC flowed from earlier order dated 15
September 2017 from the Supreme Court (SC) asking the Chief Justices
of all 24 High Courts to suo motu register petitions to identify the kin of
prisoners who died unnatural deaths from 2012 and order the States to
award them compensation. The payment from the year 2012 was chosen
because National Crimes Records Bureau (NCRB) under Ministry of
Home Affairs has records of unnatural deaths from that year.512
The SC had been hearing a matter relating to inhuman conditions
prevailing in 1,382 prisons across the country. The SC took cognizance
of a letter addressed to it in 2013 by its former Chief Justice R.C. Lahoti
on the deplorable conditions of 1,382 prisons across the country and
turned the letter into a PIL.
510
. HC order on unnatural jail deaths, The Sentinel, 7 June 2018, available at http://
www.sentinelassam.com/2018/06/07/hc-order-on-unnatural-jail-deaths/
511
. Rs 3 lakh for dead convicts’ kin, The Telegraph, 7 June 2018, available at https://
ww w.t eleg rap hin dia. com /st ate s/no rth -ea st/ rs-3 -la kh- for- dea d-c onv icts -ki n-
235949?ref=north-east-new-stry
512
. Provide relief in cases of unnatural jail death, SC tells Centre, States, The Hindu, 15
September 2017, available at http://www.thehindu.com/news/national/provide-relief-in-cases-
of-unnatural-jail-death-sc-tells-centre-states/article19693815.ece
(158)
Case 5 : Gauhati High Court directs City Police

Commissioner to pay compensation for custodial
torture513
On 21 August 2018, the Gauhati High Court directed the Guwahati
city police commissioner to pay a compensation of Rs 2 lakh to a man
identified as Ajit Medhi for his illegal detention and torture at Panbazar
Police Station in Guwahati, Assam in 2011. The court also asked the
Director General of Police, Assam, to reinvestigate the matter and take
necessary action.
The victim used to work as an advocate's clerk rendering service to lawyers

and litigants in the court of the chief judicial magistrate (CJM), Kamrup
(metro) in Guwahati. He stated that he was illegally confined at the
Panbazar Police Station from 21 to 23 August 2011 and subjected to
"inhuman torture". He, however, was not arrested and was let off on 23
August 2011. Later he came to know that he was taken into custody in
connection with Panbazar Police Station case number 238/2011, which
was registered on the basis of an information furnished by the then CJM
regarding manipulation of bail bonds.
After his release from police detention the victim filed an FIR at Chandmari
Police Station alleging illegal detention and torture (Case number 466/
2011). Since there was no progress in the FIR, he lodged a complaint
with the CJM, which was registered as case number 2589/2011. He finally
moved the High Court by filing a writ petition.
Case 6 : Calcutta High Court directs West Bengal to pay

Rs 3 lakh compensation each to custodial death victims
On 11 October 2018, the Calcutta High Court directed the West Bengal
government to pay an interim compensation of Rs 3 lakh each to the
families of 41 prisoners who died unnatural deaths in jails between January
2012 and December 2015. A division bench of acting Chief Justice
Debasish Kargupta and Justice Shampa Sarkar gave six weeks for the
payment and asked the state to disburse the remaining sum to the families
after chalking out a scheme within three months.514 In September 2017,
the SC had directed all high courts to take measures to ensure the state
governments pay adequate compensation for unnatural deaths in jails.515
513
. Court asks cops to pay for torture, The Telegraph, 22 August 2018
514
. HC orders jail death damages, The Telegraph, 12 October 2018, available at https://
www.telegraphindia.com/states/west-bengal/hc-orders-jail-death-damages/cid/1671616
515
. Ibid
(159)
II. JUDGMENTS RECOMMENDING PUNISHMENTS

Case 1 : Delhi High Court upholds life term to policeman
for custodial torture516
In January 2018, the Delhi High Court upheld the life imprisonment
awarded by the trial court to constable Anil Kumar for murder and five
years prison terms awarded to then sub-inspector (SI) Sher Singh for the
offence of culpable homicide for custodial torture of Jagannath, S/o Teg
Bahadur who later succumbed to his injuries. The High Court stated
that it was a classic case where “the guardians of the law became its
transgressors”. The HC, however, acquitted R S Dahiya, then Station
House Officer of the Lahori Gate Police Station in Delhi due to lack of
sufficient evidence.
The HC's ruling and directions came on the appeals of the three policemen
against the trial court’s judgement of 6 January 2004 convicting and
sentencing them for various offences.
According to the prosecution, Jagannath was picked up by the police for

questioning on the intervening night of 1-2 May 1991. Teg Bahadur told
the court that he found his son Jagannath in bad condition in the Lahori
Gate Police Station the next day and right before his eyes constable Anil
Kumar had repeatedly and mercilessly beaten him up. Jagannath was
denied medical attention and he later died at St Stephen's Hospital.
In its 108-page judgement, the Delhi HC stated that “this is a classic case
when the guardians of law became its transgressors and the whole might of the
State came down upon one individual, who belonged to a weaker section of
society, inevitably causing his death”. The bench said it was “spine-chilling”
to even imagine the plight of a father "witnessing first-hand his son being
beaten to a pulp by those in uniform".
Case 2 : Delhi High Court awards life imprisonment to

seven policemen in fake encounter killing
On 6 February 2018, the Delhi High Court sentenced seven policemen
to life imprisonment for killing an MBA student Ranbir Singh, aged 20
years, in a “fake encounter” in Dehradun in Uttarakhand in 2009. The
deceased, a resident of Ghaziabad, was gunned down by the police on 3
July 2009. In the trial which was transferred to Delhi from Uttarakhand
by the Supreme Court to ensure free and fair proceedings, the CBI Court
516
. HC upholds life term to policeman for custodial death, The Business Standard, 5 January
2018
(160)
had on 6 June 2014 convicted 17 policemen. However, the HC bench

of Justice Dr.S. Muralidhar and Justice I.S Mehta acquitted 10 policemen,
while upholding conviction of remaining seven.517
The President of India was due to visit Dehradun on 3rd July 2009 at
around 4 pm and the entire city was on high security alert on that day.
The Uttarakhand police claimed that when a policeman tried to check
Ranbir Singh and his two accomplices on suspicion, they attacked the
policeman and snatched his service revolver. Ranbir Singh tried to fire at
the policeman. On seeing the arrival of more policemen, Ranbir Singh
and his accomplices escaped in a motorcycle with the service revolver.
On a chase by police, they were spotted near Ladpur forest area at about
3 PM. Then Ranbir Singh opened fire at the police party and in the
resultant encounter he got killed by police in self defence.
But the court rejected the version of the police due to several
inconsistencies in their statements and the statements of the witnesses
who turned hostile allegedly due to lack of witness protection. Thirty
bullets were fired at Ranbir Singh. The evidence on record suggested that
the firing was made from a close range. The position of the dead body,
and the nature of injuries made it appear that firing did not happen in
self defence. The FIR registered in respect of the encounter killing had
mentioned the name of seven accused policemen, and hence their presence
in the scene of crime was admitted on record.
The High Court held that “This was a tragic case of the killing of a 20 year
old by the Uttarakhand police in a fake encounter. A fake encounter is a form of
extra judicial killing which has no place in a legal system governed by the rule
of law. It is a manifestation of the impunity with which armed forces, including
the police, are prone to act in utter disregard of the rule of law. It also is symbolic
of the cynicism with which the police themselves view the efficacy of the criminal
justice system. The police, in this perception, are not just the accusers, but the
prosecutor, the judge and the executioner”.518
517
. Delhi HC Upholds Conviction Of Seven Policemen For Encounter Killing Of Youth In
Uttarakhand, Livelaw, 7 February 2018, available at https://www.livelaw.in/delhi-hc-upholds-
conviction-seven-policemen-encounter-killing-youth-uttarakhand-read-judgment/
518
. The full judgement is available at https://www.livelaw.in/delhi-hc-upholds-conviction-
seven-policemen-encounter-killing-youth-uttarakhand-read-judgment/
(161)
Case 3 : CBI court awards five year imprisonment to four

police officers in custodial death case519
On 14 February 2018, a special CBI court sentenced four police officers
to five years in prison and ordered to pay a fine of Rs 1 lakh each for the
custodial death of one Parasnath at the Panki Police Station in Palmau
district in Jharkhand in 1998. The court also directed for the payment of
relief of Rs 10 lakh to the victim's kin.
The police had killed Parasnath after branding him a Naxalite in 1998.
The convicted officers were (1) the then DSP (headquarters) D N Rajak,
(2) the then inspector of Daltonganj Devilal Prasad, (3) the then Panki
Police Station in-charge Surindra Prasad, and (4) the then sub-inspector
Rukshar Ahmad.
Case 4 : Police inspector sent to one year jail for custodial

torture520
On 5 March 2018, a judicial magistrate court in Ramanathapuram in
Tamil Nadu sentenced a police inspector identified as Kannan K, aged 50
years, to one year imprisonment and fined Rs 10,000 for torturing one
Ganeshan in 2005. Judicial magistrate Isakkiappan slapped a fine of Rs
10,000 on the inspector. The accused inspector currently posted at
Kalathoor in Dharmapuri district tortured Ganeshan when he was posted
at the Nainarkoil Police Station in Ramanathapuram district in 2005.
The matter related to a case of jewellery theft filed by a woman named

Jebarani at the Nainarkoil Police Station against her neighbour, Ganeshan.
The police took Ganeshan into custody for questioning and tortured
him. The victim had to be admitted to a hospital in Thiruvadanai due to
the custodial torture. After four days, Jebarani came to the Police Station
stating that her jewellery was found in her house and sought to close the
case.
Ganeshan lodged a complaint against the inspector for torturing him

without proper evidence. The inquiry conducted by Paramakudi Deputy
Superintendent of Police confirmed that Ganeshan was tortured.
519
. 4 cops get 5-year jail term in 1998 custodial death case, The Times of India, 15 February
2018
520
. Police inspector gets one-year jail term for torturing man, The Times of India, 5 March
2018, available at https://timesofindia.indiatimes.com/city/chennai/police-inspector-gets-
jail-term-for-torturing-man-in-tn/articleshow/63174261.cms
(162)
Case 5 : IPS officer sentenced to one year imprisonment

for custodial torture in Gujarat521
On 2 May 2018, a magisterial court of Bhuj in Gujarat sentenced Indian
Police Service officer Manoj Ninama to one year imprisonment after it
found him guilty in a 17-year-old custodial torture case. Additional judicial
magistrate V D Modh convicted Ninama under the IPC Section 323
(voluntary causing hurt). Court also ordered Ninama to pay Rs 10,000
compensation to the complainant.
A complaint was filed against the IPS officer when he was Deputy
Superintendent of Police in Bhuj and he is presently serving with the
Intelligence Bureau in Ahmedabad.
According to the case details, Mohmmad Ismail Sama registered a private

complaint in 2001 in Bhuj court against Ninama. As per the complaint,
one Chaman Gaur and Pratapsinh had issued public notice in a newspaper
to sell their land and had invited objections. In reply, Sama issued notice
raising objections, saying that he was the rightful owner of the land.
After raising the objection, Sama was called to Bhuj city Police Station,
where Ninama asked him to withdraw it. However, when Sama refused,
he was charged under the IPC Section 385 (putting person in fear of
injury in order to commit extortion) and was tortured and beaten in
police custody. The next day Sama lodged a complaint in Bhuj court that
he was tortured and beaten in custody. Court ordered medical check up,
which found physical injuries on the victim. The chargesheet was framed
against Ninama in 2014 after which the trial commenced.
Case 6 : Superintendent of Police Amitav Sinha sentenced

to two years jail for custodial torture in Assam522
On 21 June 2018, the district sessions court in Guwahati sentenced
Superintendent of Police, Goalpara district, Amitav Sinha to two years
imprisonment and imposed a fine of Rs 50,000 for torturing a murder
accused to extract confession in police custody in 2013. Sinha was
convicted under IPC Section 330 (voluntarily causing hurt to extort
confession).
521
. IPS officer convicted in custodial torture case, The Times of India, 3 May 2018, available
at https://timesofindia.indiatimes.com/city/rajkot/ips-officer-convicted-in-custodial-torture-
case/articleshow/64005415.cms
522
. Assam cop gets two year jail for custodial torture, The Times of India, 21 June 2018,
available at https://timesofindia.indiatimes.com/city/guwahati/police-superintendent-
sentenced-to-2-years-imprisonment/articleshowprint/64685844.cms
(163)
Sinha was then Additional Superintendent of Police (Crime Branch) and

posted in Guwahati when he had interrogated Gurmeet Singh, who was
arrested in Jammu and Kashmir in connection with the murder of
businessman, Ajit Singh of Guwahati on 29 November 2012. Gurmeet
Singh alleged in his petition before the court that he was subjected to
torture and was beaten with hockey stick that caused fracture in his upper
arm and the police poured petrol in his rectum while he was in police
custody during 17-18 June 2013.
Sinha had filed a prayer before Gauhati High Court in 2014 for quashing
of the proceedings against him on the ground, among others, that the
allegations brought against him were false and concocted. However, the
HC, in June 2015, dismissed his petition and directed him to appear
before the trial court.523
Case 7 : Four persons including two policemen sentenced

to life in fake encounter killing case in UP524
On 29 June 2018, the trial court in Lucknow in Uttar Pradesh sentenced
former deputy mayor of Lucknow Abhay Seth, then general secretary of
Aliganj traders’ union Ashok Mishra and two constables namely Ram
Chander Singh Chandel and Shivbhushan Tiwari to life imprisonment
for their involvement in the killing of an innocent man in a fake police
encounter in Aliganj area in Lucknow in 1994. The then Station House
Officer of Aliganj, D.D.S. Rathore and constable Munshilal were also
charge sheeted in the case, but they died during trial.
The police had claimed that they had gunned down a gangster Gopal
Mishra in an encounter on 26 February 1994.
Then Uttar Pradesh Chief Minister Kalyan Singh had directed the CB-
CID in December 1997 to register an FIR in the case. The CB-CID
found that it was a fake encounter and submitted the charge sheet against
all the accused under various sections of IPC and the Arms Act. The
court framed charges against the accused on 7 October 2008 and started
the trial. The prosecution produced 13 witnesses, including the mother
of the deceased who was an eyewitness.
According to the prosecution, Ashok was involved in the construction

business and had built a complex in Aliganj. Influenced by him, Gopal
also started to live with him. Later Gopal also wanted to construct a
523
. Assam cop convicted for custodial torture, The Telegraph, 22 June 2018
524
. Lucknow Ex-Deputy Mayor, 3 Others Sentenced to Life for Aliganj Fake Encounter, The
Wire, 30 June 2018
(164)
complex on a land which Ashok had interests. On 26 February 1994, a

police team accompanied by Ashok Mishra and Abhay Seth raided Gopal’s
house and shot him dead and planted a fake country-made pistol which
was allegedly provided by Ashok.
Case 8 : CBI court sentences two police officers to death

for custodial killing of Udayakumar in Kerala
On 25 July 2018, a special court of the Central Bureau of Investigation
(CBI) awarded death penalty to two police officials namely K Jithukumar
(a constable at the time of committing the offence and promoted to
Assistant Sub-Inspector525) and SV Sreekumar (then constable, now a
senior civil police officer526) and further imposed a fine of Rs 2 lakh on
each of them for torturing to death one Udayakumar at the Fort Police
Station in Thiruvananthapuram in Kerala in September 2005. The CBI
court also awarded three-year imprisonment to retired Superintendents
of Police (SPs) T.K. Haridas and E.K. Sabu and Deputy Superintendent
of Police (DSP) Ajith Kumar for having attempted to cover up the crime
by destroying evidence and falsifying Police Station records.527
Udayakumar, who used to work in a scrap metal shop, and his friend
Suresh Kumar, who faced theft cases, were sitting at a park at around 2
pm on 27 September 2005 and they were picked up by constables K
Jithukumar and SV Sreekumar and taken to Fort Police Station in
Thiruvananthapuram after allegedly finding Rs 4,000 with Udayakumar.
The prosecution said constables Jithukumar, Sreekumar and K V Soman
tortured Udayakumar to extract a confession that he had stolen the cash
recovered from him. He was beaten mercilessly with cane sticks on his
legs and heavy iron pipe was rolled down his thighs. This form of torture
became infamous as ‘urutti kola’ (rolling murder). The post-mortem report
found 22 injuries and ruptured vessels in the thighs, and concluded that
these ruptures were the cause of death.528
525
. Kerala custodial death: How a jail murder earned cops death sentence, The Indian
Express, 26 July 2018, available at https://indianexpress.com/article/explained/udayakumar-
custodial-death-how-a-jail-murder-earned-kerala-cops-death-sentence-5276242/
526
. Ibid
527
. Two policemen sentenced to death in Udayakumar custodial death case, The Hindu, 25
July 2018, available at https://www.thehindu.com/news/national/kerala/two-policemen-
sentenced-to-death-in-udayakumar-custodial-death-case/article24510604.ece
528
. Kerala custodial death: How a jail murder earned cops death sentence, The Indian
Express, 26 July 2018, available at https://indianexpress.com/article/explained/udayakumar-
custodial-death-how-a-jail-murder-earned-kerala-cops-death-sentence-5276242/
(165)
Case 9 : Punjab High Court asks Police Chief to take action

against errant police officers529
On 6 August 2018, the Punjab and Haryana High Court directed the
Punjab Director General of Police (DGP) to take action against an
Assistant Commissioner of Police (ACP) and seven other police officers
following their indictment in a case of illegal detention and torture of
three Hoshiarpur residents in 2016 in connection with murder of a police
officer’s son. Justice Daya Chaudhary ordered that the probe report be
placed before the DGP and asked him to take action against the accused
police officers within next four weeks. The directive came on the basis of
an enquiry conducted by High Court’s OSD (Vigilance) Punjab in 2016
which reportedly recorded that “After evaluation of the evidence, it is evident
that prima facie DSP Sameer Verma (since promoted as ACP), Inspector Lakhbir
Singh, Inspector Bikramjeet Singh, Sub Inspector Rajesh Kumar, ASI Ashok
Kumar, ASI Mahesh, C-Baljeet Singh and one HC Davinder Singh are
responsible for the illegal detention and/confinement of Atul, Ranjodh and
Satwinder at P.S Sadar, CIA and P.S. Haryana.”
The three victims namely Atul Sharma, Ranjit Singh and Satwinder Singh
of Hoshiarpur were illegally detained and tortured by the officials of
Police Stations Sadar, and at Crime Investigation Agency at Bahadurpur
in connection with the murder of a law student Manpreet Singh, who
was son of a police officer. An inquiry was ordered by the High Court in
May 2016.
Case 10 : Conviction of 33 upper caste persons in infamous

“Mirchpur Dalit killing case” in Haryana
In a landmark judgement, the Delhi High Court on 24 August 2018
convicted 33 accused in infamous “Mirchpur Dalits killing case” of 2010
and 12 out of 33 convicts were sentenced to life imprisonment. The
High Court upheld the conviction of 13 persons by the trial court and
overturned the acquittal of 20 persons.530 In April 2010, a mob of nearly
1,000 people from the Jat community burnt 18 homes in a colony of the
Dalit community after a dispute at in Mirchpur village in Haryana's Hisar
district. In the attack, Tara Chand and his teenage daughter, who suffered
from polio and could not walk without aid, were burnt to death and
529
. Take action against indicted cops, HC tells Punjab DGP, The Indian Express, 7 August
2018
530
. Mirchpur Dalits killing case: HC convicts 33, 12 gets life term, Pioneer, 24 August 2018,
available at https://www.dailypioneer.com/2018/top-stories/mirchpur-dalits-killing-case-hc-
convicts-33-12-gets-life-term.html
(166)
over 200 Balmiki (Dalit) families fled Mirchpur village in the aftermath
of the attack. The trigger for this crime was a seemingly trivial incident
that took place on the evening of 19 June 2010 when a dog which
belonged to a Balmiki resident barked at a group of Jat youth returning
to their dwelling places through the main thoroughfare of the village.531
In its verdict, the Delhi HC stated that the members of the Jat community
deliberately targeted houses of members of Balmiki community with the
common objective to “teach the members of the Balmiki community a
lesson”. The Delhi HC stated, “71 years after Independence, instances of
atrocities against Scheduled Castes by those belonging to dominant castes have
shown no sign of abating. The incidents that took place in Mirchpur between
19th and 21st April 2010 serve as yet another grim reminder of “the complete
absence of two things in Indian society” as noted by Dr. B.R. Ambedkar when
he tabled the final draft of the Constitution of India before the Constituent
Assembly on 25th November 1949. One was ‘equality’ and the other,
‘fraternity’’.532
Case 11 : Three policemen sentenced to seven years jail in

custodial death in Assam533
On 12 September 2018, a District and Session court in Nalbari in Assam
sentenced three policemen to seven years imprisonment in connection
with the custodial death of a grocery store owner identified as Akan
Sharma in Ghograpar Police Station in 2002. The three convicted police
personnel were identified as Sub Inspector Iman Ali, Constable Hemanta
Kalita and Homeguard Mohammad Ali.
According to the prosecution, the police arrested Akan on 12 January

2002 in an oil theft case and he was found dead in the Ghograpar Police
Station in Nalbari district the next day. Akan’s wife Labanya Debi filed a
case (No. 43/08) in Nalbari District and Session Court which led to the
conviction of the accused.
531
. Delhi High Court convicts 33 accused persons in Mirchpur caste atrocity case, Human
Rights Law Network, 24 August 2018, available at https://hrln.org/delhi-high-court-convicts-
33-accused-persons-in-mirchpur-caste-atrocity-case/
532
. The judgement is available at https://hrln.org/wp-content/uploads/2018/08/Final-Order-
Judgment-DHC-Mirchpur-Case.pdf
533
. Custodial death: Three cops get seven years jail term in Nalbari, Northeast Now, 13
September 2018, available at https://nenow.in/north-east-news/custodial-death-three-cops-
get-seven-years-jail-term-nalbari.html
(167)
Case 12 : Supreme Court sentences eight policemen to seven

years in jail in custodial death case in Maharashtra
On 5 September 2018, the Supreme Court upheld the conviction of
eight personnel of Maharashtra Police in connection with the custodial
death of a suspect, Joinus Adam Yellamati on 23 June 1993 in Nagpur. A
bench of Justices N V Ramana and Mohan M Shantanagoudar found
them guilty under IPC Section 330 (voluntarily causing hurt to extort
confession, or to compel restoration of property), and increased their
sentence from three years to seven years’ rigorous imprisonment.534
Joinus was picked up from Ajni Quarters on 23 June 1993 by crime
branch team led by Assistant Police Inspector Yashwant Karade following
a tip-off from police inspector Bhaskar Narule, who was at that time
posted at Deolapar Police Station. The suspect was found dead in lock-
up the following day. After his death, police registered an FIR for the
offence of cheating against him at Ganeshpeth Police Station late on 24
June, on the basis of a complaint of theft at Hotel India Sun at Central
Avenue.535
The investigation into the custodial death of Joinus was handed over to
the Criminal Investigation Department (CID). A case was registered at
Sadar Police Station against Police Inspector Bhaskar Narule, Assistant
Police Inspector Yashwant Karade, Sub-Inspector Rambhau Kadu,
constables Jahiruddin Deshmukh, Nilkanth Chourpagar, Namdeo
Ganeshkar, Ashok Shukla, Sudhakar Thakre, and Raghunath Bhakte. They
were charged with murder, outraging modesty of woman, assault or
criminal force with intent to dishonour person, and wrongful
confinement, following the death of Joinus at the crime branch lock-up
at Rani Kothi. The accused had also harassed his family members including
wife, children and two brothers-in-law. 536
In 1995, the sessions court acquitted the cops in the charges of murder
but held them guilty of other offences. The court had sentenced the cops
to serve rigorous imprisonment of three years and various amount of
fine. Narule, who died during the trial, was from Deolapar Police Station
while the rest were from city police crime branch. The state government
534
. 1993 custodial death case: Supreme Court upholds conviction of eight cops, raises jail
term, The Indian Express, 5 September 2018, available at https://indianexpress.com/article/
india/maharashtra-custodial-death-case-supreme-court-upholds-conviction-of-8-raises-jail-
term-5340188/
535
. SC sends 8 Nagpur cops to 7-year jail for custodial torture 25 years ago, The Times of
India, 5 September 2018
536
. Ibid
(168)
filed an appeal to enhance the sentence before the High Court. In 2007,
the High Court upheld the verdict of the sessions court but acquitted
one of the constables, Bhakte, who had left the scene due to ill health. In
2008 the matter came before the Supreme Court by way of appeals filed
by both the parties.537
Enhancing the punishment, the Supreme Court observed: “As the police
in this case are the violators of law, who had the primary responsibility to protect
and uphold law, thereby mandating the punishment for such violation to be
proportionately stringent so as to have effective deterrent effect and instil
confidence in society”. It further stated: “Those who are called upon to administer
the criminal law must bear in mind that they have a duty not merely to the
individual accused before them, but also to the State and to the community at
large. Such incidents involving police usually tend to deplete the confidence in
our criminal justice system much more than those incidents involving private
individuals.” 538
Case 13 : Two policemen sentenced to life imprisonment in

fake encounter killing case539
On 26 September 2018, a special CBI court convicted and sentenced
two former Punjab Police personnel to life imprisonment in a 26-year-
old fake encounter case. Raghubir Singh, the then Station House Officer
(SHO) of Beas Police Station, and Dara Singh, a sub-inspector at the
time of the encounter, were convicted for killing a 15-year-old minor
boy named Harpal Singh at Nijjar village in Amritsar district of Punjab
on 18 September 1992. However, the court acquitted three constables
namely Nirmaljeet Singh, Jasbir Singh and Paramjeet Singh, posted at
Beas Police Station at the time of the incident. Another accused in the
case, Sub Inspector Ram Lubhaya, who was also posted at Beas Police
Station, died during the trial of the case.
A police party led by Sub Inspector Ram Lubhaya picked up Harpal

Singh from his home from Palha village in Amritsar district on 14
September 1992. He was kept in illegal detention for four days and later
killed in a fake encounter on the intervening night of 17-18 September
at Nijjar village. Harpal’s body was also not handed over to his family
537
. Ibid
538
. 1993 custodial death case: Supreme Court upholds conviction of eight cops, raises jail
term, The Indian Express, 5 September 2018, available at https://indianexpress.com/article/
india/maharashtra-custodial-death-case-supreme-court-upholds-conviction-of-8-raises-jail-
term-5340188/
539
. Punjab: Two cops get life in jail for killing boy in fake encounter 26 years ago, The Indian
Express, 27 September 2018
(169)
and was illegally cremated as “unidentified” and “unclaimed”. During

the trial, the post-mortem report was presented and it revealed that Harpal
was shot under his right eye and on his forehead from a distance of 3
metres.
Case 14 : Six police officials sent to two years in jail for

torture540
On 27 September 2018, the Chief Judicial Magistrate court in Fazilka in
Punjab sentenced six police officials to two years imprisonment each for
assaulting and trying to implicate a man in a false case eight years ago. Raj
Rani, a resident of Shahpura village in Fazilka district filed a case alleging
that then Assistant Sub Inspector Bhupinder Singh, head constables
Kuldeep Singh, Harjinder Singh, Joginder Singh, Harnam Singh and
Punjab Home Guard constable Major Singh, posted at Arniwala Police
Station of the district, entered their house, assaulted them and tried to
implicate her husband Sukhdev Singh in a false theft case.
In 2016, the trial court convicted the six accused police officials. However,
they filed an appeal in the court of District and Session Judge, Fazilka,
against the decision which sent the case to the CJM for trial.
Case 15 : Magistrate Court issues arrest warrant against IGP

Anurag Tankha in a custodial death case in Assam
On 28 September 2018, the Kokrajhar Chief Judicial Magistrate’s Court
issued an arrest warrant against Inspector General of Police Anurag Tankha
in connection with the custodial death of a suspected extremist 19 years
ago. Mr. Tankha was the additional superintendent of police of Kokrajhar
district in 1999 when Ananta Roy alias Hiranya Deka, a suspected member
of the United Liberation Front of Asom (ULFA) died in custody. The
police officer and his two personal security officers had allegedly thrashed
the victim at Kokrajhar Police Station lock-up.541 In its order, the Kokrajhar
CJM Court noted from the materials on record, “one can easily understand
the inhuman circumstances under which the alleged ULFA man died... in
police custody”.542 The CID conducted the investigation and ultimately
filed the final report finding the case to be true but failed to obtain
prosecution sanction against the three accused.543
540
. 6 policemen get 2-yr jail in assault case, The Tribune, 28 September 2018
541
. Assam court issues warrant in custodial death case, The Hindu, 3 October 2018, available
at https://www.thehindu.com/news/national/other-states/assam-court-issues-warrant-in-
custodial-death-case/article25115499.ece
542
. Ibid
543
. Ibid
(170)
Case 16 : CBI court awards life term to two police officials

in fake encounter killing in Punjab544
On 29 September 2018, a CBI court awarded life term to two former
cops of the Punjab Police namely former Sub Inspector Narinder Singh
Malhi and former Inspector Gian Singh in connection with a case of fake
encounter in 1992. The court also imposed a fine of Rs 60,000 on each
of them.
On 11 November 1992, a police team led by Malhi picked up Harjit

Singh, alias Gora, and his father Balbir Singh from their house at Patti
Balol village in Amritsar district of Punjab. The father-son duo was
blindfolded and bundled into a police vehicle. They were illegally detained
at the Sultanwind Police Station before Balbir Singh was shifted to the
Vijaynagar police post in Amritsar, where he was kept in illegal detention
for more than 20 days. At that time Gian Singh was the incharge of the
Vijaynagar police post.
Later, Balbir Singh was let off after some residents of Patti Balol village
met the police to enquire about the father-son duo. Sub Inspector Malhi
took Harjit Singh to some unidentified place and killed him in a fake
encounter.
Case 17 : Two Gujarat Crime branch officials sentenced to

nine months imprisonment in custodial torture
case
On 12 October 2018, a court of judicial magistrate at Rajpipla in Narmada
district of Gujarat sentenced two police officials Jatinchandra Dangarwala
and Vinu Patanwadiya with the CID (crime) to nine months
imprisonment along with fines after finding them guilty of torturing
two persons in their custody in 2009. They are currently posted as
inspectors in CID (crime) in Vadodara and Navsari.545 The two were
posted as sub-inspector and head constable respectively in Tilakwada
Police Station in Narmada district in 2009. In June of that year, they had
arrested Ramesh Bariya and Dalsukh Bariya. During their production
before the judicial magistrate’s court, Ramesh and Dalsukh complained
to the court about being brutally beaten by the two cops and in response,
the court had ordered medical treatment for the duo. Later, on the basis
544
. 2 ex-cops get life term in fake encounter case, The Tribune, 1 October 2018
545
. Two cops punished for custodial torture, The Times of India, 12 October 2018; available
at: https://timesofindia.indiatimes.com/city/vadodara/two-cops-punished-for-custodial-
torture/articleshowprint/66170537.cms
(171)
of medical report, a case of assault and criminal intimidation was registered

and the two cops were tried in a court of judicial magistrate at Tilakwada.
On corroboration of the charges by testimony of witnesses including the
doctor who treated the victims and people who have seen the victims
being assaulted by the two accused cops, the court had convicted the
two accused policemen.546
Case 18 : Three Indian Army officers and four soldiers

sentenced to life for murder of five AASU leaders
in a fake encounter in Assam in 1994
On 13 October 2018, the Summary General Court Martial of the Indian
Army held at the 2nd Infantry Mountain Division at Dinjan in Dibrugarh
district of Assam sentenced seven convicted army personnel i.e. Major
General A K Lal, Colonels Thomas Mathew and R S Sibiren, and junior
commissioned officers (JCOs) and non-commissioned officers (NCOs)
Dilip Singh, Jagdeo Singh, Albindar Singh and Shivendar Singh to life
imprisonment for torture and extra-judicial killing of five leaders of the
All Assam Students Union (AASU) in a fake encounter on 22 February
1994.547 Following the killing of Rameshwar Singh, general manager of
the Assam Frontier Tea Limited at the Talap Tea Estate by the cadres of
the outlawed United Liberation Front of Asom (ULFA), troops of the
18th Punjab Regiment based at Dhola in Tinsukia, Assam had picked up
nine innocent youths from their houses in Tinsukia district’s Talap area
on the mid-night of 17 February 1994 ostensibly to extract information
about the ULFA in the wake of the killing of Rameshwar Sharma.548 A
habeas corpus petition was filed before the Gauhati High Court on 22
February 1994 which directed the army to produce the nine youths
immediately before the nearest magistrate.549 However, the Army had
brutally tortured five out of nine youths i.e. Prabin Sonowal, Pradip
Dutta, Debajit Biswas, Akhil Sonowal and Bhaben Moran with their
tongues sliced, eyes gouged out and kneecaps smashed, and bodies bearing
evidence of electric shocks as per the post mortem reports.550 As the five
546
. Ibid
547
. Three officers, four soldiers sentenced to life for 1994 fake encounter in Assam, Times of
India, 15 October 2018; available at: https://timesofindia.indiatimes.com/india/assam-fake-
encounters-maj-gen-among-7-given-life-sentence-by-army-court/articleshow/66206571.cms
548
. Life term for army men in Assam ‘fake counter’, Deccan Herald, 14 October 2018,
available at https://www.deccanherald.com/national/life-term-army-men-assam-fake-
697949.html
549
. Ibid
550
. 1994 Assam fake encounter: Major General, six others get life term, The Hindu, 14
OCTOBER 2018 available at https://www.thehindu.com/news/national/1994-assam-fake-
encounter-major-general-six-others-get-life-term/article25221579.ece
(172)
youths could not be produced before any magistrate following brutal

torture, the army personnel therefore shot them dead in order to hide
the torture, released the remaining four youths in different locations of
the district and handed over the dead bodies to the Dholla Police Station
alleging to be the dead bodies of the members of the ULFA killed in an
encounter along with certain arms and ammunitions recovered from these
youths.551
The Assam Police, the Army Court of Enquiry and two Magisterial
inquiries of the State government found the version of the accused Army
personnel to be true and a finding was recorded that ‘the counter
insurgency operation was done in exercise of the official duty’.552 It was
the inquiry by the Central Bureau of Investigation (CBI) under the
direction of the Gauhati High Court that brought out the truth553 and
led to filing of the chargesheet against seven Army personnel in the Court
of Special Judicial Magistrate, Kamrup under IPC Section 302/201 read
with Section 109 in 2002.554 The competent Authority in the Army
sought immunity under the AFSPA which was denied by the Special
Judicial Magistrate on 10.11.2003 and the Gauhati High Court on
28.3.2005 and an appeal was filed before the Supreme Court against the
order of the High Court. On 1 May 2012, the Supreme Court in its
judgment directed the competent authority in the Army to “take a decision
within a period of eight weeks as to whether the trial would be by the criminal
court or by a court-martial and communicate the same to the Chief Judicial
Magistrate concerned immediately thereafter”.555 The Army decided to try
them under military law through a court martial.556 The court-martial
process began on 16 July 2018 and concluded on 27 July 2018. The
quantum of punishment was pronounced on 13 October 2018.557
551
. Judgment of the Supreme Court of India dated 1 May 2012 in Criminal Appeal No. 257
of 2011 with Criminal Appeal No.55 of 2006 in General Officer Commanding Versus CBI &
Anr
552
. Ibid
553
India, 15 October 2018, available at https://timesofindia.indiatimes.com/india/assam-fake-
554
. Judgment of the Supreme Court of India dated 1 May 2012 in Criminal Appeal No. 257
of 2011 with Criminal Appeal No.55 of 2006 in General Officer Commanding Versus CBI &
Anr
555
. Ibid
556
India, 15 October 2018, available at https://timesofindia.indiatimes.com/india/assam-fake-
557
. Ibid
(173)
Case 19 : Delhi High Court sentences 16 former policemen

to life imprisonment in 1987 Hashimpura massacre
case in Uttar Pradesh558
On 31 October 2018, the Delhi High Court convicted all the 16 former
policemen belonging to C-Company of the 41st Battalion of the
Provincial Armed Constabulary (PAC) from Hashimpura area in Meerut
city, and sentenced them to life imprisonment in the case of 1987
Hashimpura mass murder case. The High Court bench of Justice
Muralidhar and Justice Vinod Goel reversed the judgement of the trial
court which acquitted them in 2015.
Nearly 42 to 45 persons belonging to Muslim community were abducted

from Hashimpura area in Meerut District, Uttar Pradesh by the armed
personnel of the Provincial Armed Constabulary (PAC) on 22 May 1987
and killed 38 of them and dumped their bodies into canals. Each of them
was shot by the PAC personnel with .303 rifles in cold blood and the
bodies were thrown into the Gang nahar (canal) and the Hindon river.
Five of them survived to recount the horrific tale. Of the 38 that were
killed, the dead bodies of just 11 of them were able to be identified later
by their relatives. The remaining bodies were not recovered. The CB-
CID investigated the killings and filed charge sheets in the criminal court
in Ghaziabad in 1996 against 19 PAC personnel. Under the orders of the
Supreme Court, the trial of the cases was transferred to Delhi. Charges
were thereafter framed by the trial court on 24th May, 2006 against all
the accused under Sections 147, 148, 149, 120B and 364/302/307/201
all read with 149 IPC. During the pendency of the trial, three of the
accused died. The trial meandered for over eight years ending in a
judgment dated 23rd March 2015 whereby all the 16 remaining accused
were acquitted. The family members challenged the decision before the
Delhi High Court. Meanwhile the NHRC filed petition for impleadment
which was allowed. In its application, it is asserted by the NHRC that in
the trial, “the CB-CID deliberately suppressed material evidence concerning
PAC personnel who were arrayed as the accused”. Accepting the plea of the
NHRC, the High Court permitted additional evidence to be recorded
by the trial Court.
On 31 October 2018, the Delhi HC reversed the judgement of the trial

court based on the additional evidence recorded which was not available
to the trial Court and held the 16 accused guilty of the offences with
which they were charged viz., criminal conspiracy, kidnapping, murder,
558
. The full judgement is available at https://www.livelaw.in/breaking-delhi-hc-reverses-
acquittal-of-16-policemen-in-hashimpura-massacre-case-sentences-all-to-life-imprisonment/
(174)
causing evidence of the crime to disappear. Holding the deaths in the

present case as “custodial deaths”, the High Court stated, “Consequently,
in the present case although the victims were not taken to an enclosed place by
the PAC, they were unlawfully detained, kept in a PAC truck and taken to two
places and asked to keep their heads down and not allowed to move. This is
sufficient for this Court to conclude that they were kept in unlawful custody by
the accused purporting to discharge their official functions when in fact they
were clearly acting illegally. The deaths of the victims, in the present case, are
custodial deaths.”
The HC held that “We hold that this was targeted killing by armed forces of
the unarmed, innocent and defenceless members of a particular community”.
The HC further held that “We are conscious that for the families of those
killed, this is perhaps too little, too late. They have had to wait for 31 years for
justice. The monetary compensation they have received cannot make up for the
lives lost. This case points to the systemic failure that results, not infrequently,
in a miscarriage of justice.”
III. DIRECTIONS FOR PROBE BY INDEPENDENT

AGENCIES
Case 1 : Custodial death of Chandan Bharali in Assam
On 8 August 2018, the District Magistrate of Kamrup Metropolitan
District in Assam directed the Circle Officer, Chandrapur Revenue Circle,
Pallab Jyoti Nath to conduct an inquiry to find out the circumstances
leading to alleged custodial death of one Chandan Bharali, aged 23 years,
and submit the findings within 15 days for onward submission to National
Human Rights Commission/Assam Human Rights Commission.559
Chandan Bharali was found hanging from a tree near Panikhaiti police
outpost in Guwahati on 8 August 2018 after he was picked up by the
police from Fancy Bazaar area in Guwahati, Assam, the previous night.
Police said he went missing from the outpost around 11 pm on 7 August
but the deceased’s family members alleged that he was tortured to death
in police custody and later his body was hanged from a tree so as to make
it look like a suicide.560
Chandan Bharali, hailing from Chaygaon in Kamrup district, was arrested
by police personnel of Panikhaiti police outpost in Guwahati on 7 August
559
. Inquiry ordered into death of an accused after escaping from, Business Standard, 8
August 2018, available at https://www.business-standard.com/article/pti-stories/inquiry-
ordered-into-death-of-an-accused-after-escaping-from-118080801164_1.html
560
. Youth dies in custody, family blames police, The Business Standard, 8 August 2018
(175)
2018 in connection with an alleged blackmailing case. He was produced

in the court of Kamrup chief judicial magistrate, Guwahati which
remanded him in three days' police custody for interrogation. His body
was found hanging from a tree about 150 metres from the outpost the
next morning. 561
Following the alleged custodial death, assistant sub-inspector Tarak Deka
and constable Biswajit Sarma of Panikhaiti police outpost were suspended
after a preliminary inquiry revealed lapses on their part. The in-charge of
the police outpost, sub-inspector Barsing Terong, one constable and five
home guards were transferred to the police reserve.562
Case 2 : Jharkhand High Court orders CBI investigation

into fake encounter killing of 12 people in 2015
On 22 October 2018, the Jharkhand High Court ordered the CBI to
investigate the alleged fake encounter killing of 12 innocent people by
the security forces at Bakoria in Palamu district on 8 June 2015. A bench
of Justice Rongon Mukhopadhyay ordered a CBI probe after noting down
that the Criminal Investigation Department (CID) was not moving its
probe in right direction.563 The CID gave a clean chit to the accused police
officials just before the High Court was to hear the case on 22 October
2018. Police had claimed that 12 Maoists were killed in an encounter
with the Maoists at Bakoria. But the family members of the victims had
termed the encounter as fake. Those killed included a temporary teacher
and a 10-year-old boy.564
A petition filed by Jawahar Yadav in the High Court stated that on 8
June 2015, his son and some other relatives were sleeping on the roof of
the house when at about 10 pm, some men on motorcycles barged into
his home and forcibly took them away. On 10 June 2015, he learnt that
his son Uday, relative Neeraj Yadav and 10 others alleged to belong to a
banned Maoist organization “Jharkhand Jan Mukti Parishad”, were killed
by security forces in an encounter. He stated that none of the deceased,
561
562
. Ibid
563
. High court for CBI probe into Jharkhand ‘fake encounter’, The Hindustan Times, 23
October 2018, available at https://www.hindustantimes.com/india-news/high-court-for-cbi-
probe-into-jharkhand-fake-encounter/story-nELpmoHQhHwop4pMquv1aL.html
564
. Jharkhand High Court orders CBI probe into encounter of 12 alleged Maoists, The New
Indian Express, 22 October 2018, available at http://www.newindianexpress.com/nation/
2018/oct/22/jharkhand-high-court-orders-cbi-probe-into-encounter-of-12-alleged-maoists-
1888592.html
(176)
including his son and Neeraj Yadav was ever associated with any Maoist
activities.565
The shoddy CID probe into the case was exposed in a letter dated 1
January 2018 by the former Additional Director General of CID, MV
Rao, to the Home Department accusing the DGP DK Pandey of scuttling
the investigating. “...DGP asked me to go slow. He also advised me not to
worry about the court orders,” Rao stated in the letter. The letter further
stated that “The photographs of the encounter site, dead bodies and other material
available on record, the absence of blood at the encounter site and in the vehicle
raised many questions which need to be addressed by a thorough probe in
professional manner.”566
Case 3 : Punjab and Haryana High Court handed over

probe in 2013 custodial death case to CBI
On 23 October 2018, the Punjab and Haryana High Court transferred
the probe into the custodial death of jail inmate Raju Chand at Kapurthala
Central Jail in 2013, to the Central Bureau of Investigation. Raju’s mother
Manjit Kaur had filed a writ petition in the High Court alleging that her
son Raju died due to inhuman torture in the jail by the police. She
alleged that several cops had kidnapped Raju from his residence on the
pretext of investigation. On 4 November 2013 she was informed that his
condition had deteriorated and was admitted to Guru Nanak Dev
Hospital, where he died during treatment. She said there were numerous
injury marks on the body of his son.567
The HC ordered registration of a case and formed a Special Investigation
Team headed by an ADGP-rank officer to probe the matter. The police
had registered a case on 21 March 2016 under Sections 302, 304-A,
148, 149 and 120-B of the IPC. Following the directions of the High
Court and the District Sessions Judge, Amritsar, the police had booked
565
. CBI begins probe in 2015 Jharkhand encounter, The Times of India, 20 November 2018,
available at https://timesofindia.indiatimes.com/india/cbi-begins-probe-in-2015-jharkhand-
encounter/articleshowprint/66712185.cms
566
. High court for CBI probe into Jharkhand ‘fake encounter’, The Hindustan Times, 23
October 2018, available at https://www.hindustantimes.com/india-news/high-court-for-cbi-
probe-into-jharkhand-fake-encounter/story-nELpmoHQhHwop4pMquv1aL.html
567
. High Court shifts probe into inmate’s custodial death to CBI, The Tribune, 24 October
2018, available at https://www.tribuneindia.com/news/punjab/high-court-shifts-probe-into-
inmate-s-custodial-death-to-cbi/672719.html
(177)
around 33 government officials including policemen on 23 March 2016

in connection with the custodial death of Raju Chand.568
Manjit Kaur again approached the HC when the SIT probe got delayed.
The court sought report from the SIT. The SIT allegedly sought to shield
the accused government officials. On this, the HC said the SIT was
“illegitimately” favouring the cops who were prima facie responsible for
the custodial death. The Court said that since a large number of government
servants were involved in the case, the court was of the view to entrust
investigations to the CBI. Directing the CBI to submit periodic reports,
the Court also issued directions to the CBI to constitute an investigating
team of senior officers to ensure speedy probe.569
568
. Three more jail officials held in custodial death case, The Tribune, 7 February 2017,
available at https://www.tribuneindia.com/news/amritsar/three-more-jail-officials-held-in-
custodial-death-case/358184.html
569
. High Court shifts probe into inmate’s custodial death to CBI, The Tribune, 24 October
2018, available at https://www.tribuneindia.com/news/punjab/high-court-shifts-probe-into-
inmate-s-custodial-death-to-cbi/672719.html
(178)
9. INTERVENTIONS OF NHRC/SHRCs AGAINST

TORTURE
Hightlights
The NHRC alone issued orders for compensation of Rs 8,52,95,000
in cases of torture and custodial deaths provided as Appendix 1.
However, it is the the Tamil Nadu State Human Rights Commission
(TNSHRC) which appears to be setting the pattern for accountability.
In February 2018, the TNSHRC directed the Tamil Nadu government
to pay a compensation of Rs 10 lakh to Ms Panchavarnam of
Batlagundu in Dindigul district of Tamil Nadu whose husband died
due to police torture in 2008. TNSHRC member D. Jayachandran
not only recommended for recovering the compensation amount from
the accused police officials namely Inspector Sarkarai, Sub Inspector
Pandiammal, Head Constable Jayaprakash attached to Viruveedu
Police Station, but also directed the authorites to initiate departmental
action against them, besides initiating criminal prosecution under
Section 302 IPC and under SC/ST Act. The TNSHRC also asked the
State government to “consider the poor condition of the complainant
on humanitarian ground and provide a government job, as there is
no earning person available in the family of the complainant”.
If compensation is recovered from the guily law enforcement
personnel, it shall have deterrant effect.
I. NATIONAL HUMAN RIGHTS COMMISSION

The National Human Rights Commission intervened in a number of
cases to provide justice and reparation to the victims, or their family
members. The NHRC alone issued orders for compensation of Rs
8,52,95,000 in cases of torture and custodial deaths as provided in
Appendix 1.
Case 1 : Award of compensation to victims of torture by

SPG personnel engaged in anti-Maoist operations
in Odisha570
In February 2018, the National Human Rights Commission awarded
compensation to two tribal youths assaulted by Special Protection Group
(SPG) jawans engaged in anti-Maoist operations in Nuapada district of
570
. NHRC orders govt to pay, The Telegraph, 8 February 2018, available at https://
www.telegraphindia.com/states/odisha/nhrc-orders-govt-to-pay/cid/1508282
(179)
Odisha. The NHRC asked the state government to award compensation

of Rs 1 lakh to each of the victims, who were allegedly meted out third
degree torture on suspicion of being Maoist informers. .
The SPG personnel picked up three tribal youths on 18 August 2015

from Loharpali village under Khadiala block in the Nuapada district of
Odisha on suspicion of being Maoist sympathisers. They detained the
trio, alleging that they were providing feedback to the Maoists on combing
operation by security forces. While one of the youth identified as Sahu
died in custody, Nurtyan Nayak and Narendra suffered serious injuries.
As the tale of torture became public, the state government was forced to
initiate coercive action by arresting the four jawans accused of torturing
the villagers. The jawans - Khushi Ram Bhoi, Kamdev Pradhan, S. Kujur
and Pramod Jagdala - are currently facing trial and placed under suspension.
The state government had earlier awarded Rs 10 lakh ex-gratia
compensation to family members of the deceased. It had also borne
Nayak's treatment cost amounting to Rs 2,88,214.
The award of compensation was given pursuant to a petition filed by
rights activist Radhankanta Tripathy who had earlier drawn the attention
of the rights panel on the para-military forces' custodial torture on three
innocent tribal people.
Case 2 : NHRC recommended Rs. 2 lakh compensation in

custodial death case in Changlang district of
Arunachal Pradesh
In the first-ever Camp Sitting in the State of Arunachal Pradesh held at
Itanagar on 25 May 2018, the National Human Rights Commission
(NHRC) directed to pay compensation of Rs 200,000 to the next of kin
of the custodial death victim, Pintu Chakma. The Commission vide
proceedings dated 17.5.2018 found that there was lapses/negligence on
the part of the Jail Administration to provide security and protection as
well as necessary treatment to the victim for which the prisoner died.
The Commission categorically held that the state of Arunachal Pradesh
was vicariously liable. In a reply dated 29.8.2018, the State government
of Arunachal Pradesh contended that the deceased prisoner was provided
all necessary treatment for his illness and he died despite treatment. Further,
it was submitted that no one from the family of the deceased turned up
for compensation or making any claim in writing with respect to payment
of the compensation. On consideration of the materials on record and
taking note of the facts and circumstances of the case, the NHRC held:
“Admittedly the prisoner was in the custody of the state. So it was the bounden
(180)
duty of the authorities of the State for ensuring his safety”. The panel of expert
in the NHRC categorically held that there was negligence on the part of
the authorities who were in charge of the custody of the prisoner and
held the state vicariously liable.571
Pintu Chakma, aged 26 years, S/o Golok Basi Chakma of Dumpani village
under Diyun Circle in Changlang district of Arunachal Pradesh, was
arrested along with four others by police from Dumpathar village in
connection with Case FIR No. 18/2004 u/s 27(1) NDPS Act registered
at Diyun Police Station on 30.04.2014. The four other accused were
released on bail within few days, but Pintu Chakma was denied bail. He
remained in police custody for seven days at the lock-up of Diyun Police
Station. On 06.05.2014, he was sent to judicial custody and but still
lodged at the lock-up of the Police Station until his death under mysterious
circumstances on 16.10.2014.
On 17.10.2014, Asian Centre for Human Rights (ACHR) filed a
complaint with the NHRC stating that Pintu Chakma died in custody
due to torture and denial of proper medical treatment. ACHR also
informed the NHRC that despite his failing health the deceased was not
shifted to jail but kept in prolong detention in sub-human condition at
the police lock-up. Among others, ACHR urged the Commission to
recommend adequate compensation to the next of kin of the deceased as
he was the only bread earner for his family. The deceased was survived by
his wife and two minor children, aged 5 and 3 years respectively.572
The NHRC registered the complaint (157/2/4/2014-AD) and issued
the direction to the State Government of Arunachal Pradesh to submit
detail reports.
The Superintendent of Police, Changlang submitted information about
the custodial death along with other documents including enquiry report,
inquest report, post mortem report, FSL report etc. A medical expert on
the panel of NHRC also examined the clinical and other records of the
deceased. However, definite cause could not be determined for the death.
Case 3 : Action taken report in a torture case from SP of

Subarnapur district of Odisha573
In August 2018, the National Human Rights Commission sought an
action taken report from the Superintendant of Police, Subarnapur on a
571
. Proceedings of NHRC in case no. 157/2/4/2014-AD
572
. Based on ACHR’s interview with the wife of deceased Pintu Chakma
573
. NHRC asks SP for action against IIC, The Pioneer, 4 August 2018, available at https:/
/www.dailypioneer.com/2018/state-editions/nhrc-asks-sp-for-action-against-iic.html
(181)
police torture case and directed him to take appropriate action against
Inspector In-Charge (IIC), Sonepur Police Station Srikanta Kumar
Tripathy. While he was IIC of the Tarbha Police Station, Tripathy had
illegally detained a bike mechanic Arjun Nayak, aged 28 years, of
Ghantrapada and beat him mercilessly for a mere fault of standing on the
road on 14 May 2018. Arjun was critically injured and hospitalised.
Later, Tripathy also threatened family members of Arjun Nayak to book
them in a dacoity case and send them to jail, if they do not produce
Arjun in the Police Station within three days. After being discharged
from hospital, Arjun approached the Deouty Inspector General (DIG),
Sambalpur and apprised him about the torture meted to him by Tripathy.
On his complaint, the DIG office sought a clarification from the Tarbha
Police Station. On receipt of the letter from the DIG office, Tripathy got
infuriated and detained Arjun’s family members and threatened them of
dire consequences.
The NHRC’s direction came in a petition filed by rights activist Srikumar

Mahanta.
Case 4 : NHRC asked Odisha government to file ATR

about police attack on lawyers574
In October 2018, the National Human Rights Commission sought an
action-taken report from the Chief Secretary and DGP of Odisha over
the brutal attack by police personnel on two lawyers in the state. The
rights panel issued the order pursuant to a petition filed by Supreme
Court lawyer and rights activist Radhakanta Tripathy.
In his petition filed before the NHRC, Mr Tripathy alleged that on 28

August 2108, lawyer Debi Prasanna Pattnaik was allegedly beaten up by
police personnel in public view at Shastri Nagar in Nuabazar area of
Cuttack while another lawyer Subhrakant Satpathy was assaulted by cops
when he objected to the brutality of cops on an old man at Baleswar
railway station on 13 September 2018. Mr Satpathy went to the railway
station at 11.30 PM to see off his relatives. Mr Patnaik was attacked by a
few police officials following a verbal duel near Nua Bazaar Bridge. He
sustained critical injuries in the attack and was later admitted to the SCB
Medical College Hospital for treatment.
574
. Cop attack on lawyers: NHRC wants ATR from Govt, The Pioneer, 10 October 2018,
available at https://www.dailypioneer.com/2018/state-editions/cop-attack-on-lawyers—nhrc-
wants-atr-from-govt.html
(182)
Case 5 : Mizoram government directed to pay

compensation to victims of torture by Armed Police
(MAP) personnel at Tuichawngchhuah village,
Lunglei district
On 15 October 2018, the NHRC reiterated its recommendation of
payment of compensation Rs. 25,000 each to three victims of police
torture viz Smt. Shanti Devi Chakma, Mr. Anil Chandra Chakma and
Mrs. Gupa Devi of Tuichawngchhuah village in Lunglei district of
Mizoram and rental charges of a boat to its owner Mr. Ujwal Chakma.
The Commission warned the Mizoram Chief Secretary with invoking
coercive process u/s 13 of the Protection of Human Rights Act, 1993
requiring his personal appearance in the event of his failure to comply
with Commission’s directions within six weeks. In its earlier proceeding
of 6 September 2018, the Commission recommended Rs. 25,000/- each
to be paid to the three victims and the Chief Secretary was directed to
submit compliance report along with proof of payment. However, in a
report dated 10.9.2018, the Government of Mizoram contended that
the case was settled amongst the concerned parties and urged the NHRC
to drop its recommendation of monetary compensation to the victims
on the ground that there were no medical records to prove that the
victims had suffered any serious injury. Rejecting the contention of
Mizoram government, the NHRC reiterated its recommendations.575
This case pertains to torture of the victims by the two constables of the
Mizoram Armed Police (MAP) posted at Tuichawngchhuah village in
Lunglei district who were deployed there for protection of the minority
Chakma villagers after some Mizo student activists burnt down the
government school in the village.
The NHRC intervened into the matter following a complaint from the
ACHR on 10 May 2016. Further, on 22 May 2017, the ACHR informed
the Commission that it documented the following cases of torture576
since the first complaint:
1. On 4 October 2016, Mr Lalhunntara, MAP personnel, tortured a

woman villager identified as Mrs Santi Devi Chakma, W/o late
Kala Seda Chakma. The victim was beaten up with firewood several
times targeting her thighs and legs.
575
. Proceedings of the NHRC in Case No. 7/16/3/2016
576
. Based on ACHR’s interview with the victims
(183)
2. On 8 October 2016, Mr. Lalhunntara and Mr. Maenga, both MAP

personnel, got drunk and Mr Lalhunntara tortured one minor
student of Class II namely Master Sanjom Chakma, S/o Arhilebo
Chakma of Tuichawngchhuah.
3. On 9 November 2016, Mr Vanlalruata and Mr Lalhunntara, both

MAP personnel were drunk and tortured Mr Anil Chandra Chakma,
and Mrs Gupa Devi Chakma with firewood. They were hit at
backside, thighs and legs.
Taking cognizance of these torture incidents, on 27 June 2017, the NHRC

ordered the State government to get an enquiry conducted through an
independent agency like Crime Branch-Criminal Investigation Department
(CB-CID). The NHRC received a report from the OSD-cum-Under
Secretary, Home Department, Government of Mizoram along with the
report dated 22.09.2017 submitted by the Senior Superintendent of
Police, C.I.D. (Crime), Mizoram. It is concluded in the report as follows:
“1.There was no incident of torture of Shanti Devi Chakma of Tuichawngchhuah
by MAP personnel but she was beaten twice by one constable M. Lalhunthara
by a stick. Mr. M. Lalhuntara regretted and apologized for her forgiveness. 2.
Mr. M. Lalhunthara and Mr. Lalengzuala (Maenga) neither tortured nor
assaulted Sanjay Chakma (written as Master Sanjom Chakma in the
complaint) S/o Arhilebo Chakma, 3. There was no torture of Mr. Anil Chandra
Chakma and Mrs. Gupa Devi by MAP personnel but both of them were beaten
by two constables namely Mr. M. Lalhunthara and Mr. Vanlalruata. However,
the case was compromised and settled amicably among them and an amount of
Rs. 200 and Rs.300 were given to Anil Chandra Chakma and Gupa Devi
respectively by Mr. M. Lalhunthara as a token of forgiveness. Besides, as stated
by Anil Chandra Chakma, it appears the main reason of such kind of untoward
incident is misunderstanding arising due to language/communication barrier”.
After perusing the report submitted by State of Mizoram, the NHRC

held that torture of the Chakma villagers namely Shanti Devi Chakma,
Anil Chandra Chakma and Gupa Devi by the constables named Mr. M.
Lalhunthara and Mr. Vanlalruata had been established by the CID
investigation report. The Commission also held that compensation of
Rs 200 and Rs.300 for torture of the victims given to Mr. Anil Chandra
Chakma and Mrs. Gupa Devi “in the opinion of the Commission a clear case
of violation of human rights of these three persons is made out and the token
money paid is totally insufficient to be paid in these kind of cases as compensation”.
(184)
Case 6 : Explanation sought from Odisha for under-

reporting figures of deaths caused by police action
during 2016577
On 1 November 2018, NHRC sought explanation for inconsistencies in
information given to it and National Crime Records Bureau (NCRB) by
Odisha government. The State government agencies have reportedly made
under-reporting of deaths caused by police action to the NCRB, the
most authentic source of information on crime and criminals in India.
The rights panel has written to the Odisha Chief Secretary pointing out
inconsistencies in information provided to it and the NCRB. It sought
an explanation for the mismatch.
According to NHRC data, a total of 18 persons were killed in police

action such as deaths in police custody, fake encounters and police firing
in Odisha during 2016. But when information was finally submitted to
NCRB, the total deaths on account of police action came down to five.
For example, according to NHRC a total of four persons had died in
police custody in 2016 in Odisha. However, NCRB data show there
were no deaths in police custody in Odisha that year. Similarly, as many
as 11 encounter deaths were reported by NHRC during the same period.
The NCRB table shows the number of deaths in police firing, including
firing in self-defence, as only five.
Case 7 : Action Taken Report sought from Odisha in respect

of torture and ill treatment of tribal people in Angul
district
On 2 November 2018, the National Human Rights Commission asked
for additional information from the concerned authorities578 in respect of
severe torture of more than 50 tribal people and their family members by
police and administrative officials during forcible eviction from Saanda,
Bankuli, Hensala, Magarmana, Jaganathpur villages under the Khamar
Police Station in Angul district of Odisha on 11 August 2018.579
577
. ‘Odisha under-reported police-action deaths’, The Hindu, 2 November 2018, available at
https://www.thehindu.com/news/national/other-states/odisha-under-reported-police-action-
deaths/article25396101.ece
578
. Proceedings in NHRC Case No. 4465/18/16/2018
579
. Eviction from forestland: NHRC seeks ATR from SHRC, The Pioneer, 17 September
2018, available at https://www.dailypioneer.com/2018/state-editions/eviction-from-
forestland—nhrc-seeks-atr-from-shrc.html
(185)
Taking cognisance of petition filed by Sangita Swain, Secretary, Human

Rights Watch, the NHRC registered a case (No. 4465/18/16/2018) and
sought for an action-taken report from the Odisha State Human Rights
Commission with regard to allegations. In her petition, Swain alleged
that victims Babuli Sahoo, Chakradhar Sahoo, Nirakara Sahoo, Bidhan
Behera, Maheswara Sethy, Bauri Sethy, Tanaka Dhara Sahoo, Sridhara
Sahoo, Gulap Sethy, Lipun Garnaik, Siba Dalei along with other 50
villagers and their families of Saanda, Bankuli, Hensala, Magarmana,
Jaganathpur villages under the Khamar Police Station in Angul district
were illegally evicted from the forest land and severely tortured by the
police and administrative authorities under political influence.580
The petition stated that police and administrative official had beaten up
the tribal people to forcibly evict them from their villages and it sought
appropriate penal actions against the responsible police and administrative
officials.581
Case 8 : Telangana government asked to submit proof of

payment of Rs 5 lakh compensation to the NoK
of the deceased Somla Naik
In its latest proceedings held on 11 December 2018, the NHRC directed
the Chief Secretary, Telangana government to ensure payment of Rs. 5
lakh (Rs 0.5 million) compensation to the next of kin of a deceased
prisoner, Somla Naik, who had died due to torture at the Central Jail in
Warangal in then Andhra Pradesh on 18 April 2013. The commission
also asked to submit compliance report along with proof of payment
within six weeks positively. This was the second recommendation by the
NHRC in this case. Earlier, in its proceedings dated 12 September 2018,
the NHRC issued show cause notice to the Chief Secretary, Government
of Telangana u/s 18 (a) (i) of PHR Act, 1993 to show cause as to why a
monetary compensation of Rs. 5 lakh should not be recommended to be
paid to NOK of the deceased. Pursuant to the directions of the
Commission, a letter dated 14.6.2018 from DG of Prisons & Correctional
Services, Government of Telangana addressed to the Principal Secretary
(Home), (Ser.I) Department, Telangana was received. In the letter, the
DG requested the Principal Secretary to accord sanction for an amount
of Rs.5 lakhs to be paid to the next of the kin of the deceased UTP Somla
Naik alias Dharavath Somulu as per the recommendations of the
Commission.582
580
. Ibid
581
. Ibid
582
. NHRC’s proceedings in Case No. 511/1/23/2013
(186)
Somla Naik, a resident of Gundlasingaram village in Hanamkonda mandal,

was arrested by the Excise Police on 16 April 2013 on charges of selling
illicit distilled liquor. He was remanded to judicial custody on the same
day and released on 17 April 2013. He died after release. Family members
of Somla Naik alleged that he was tortured to death by the prison
authorities.
The NHRC intervened into the matter pursuant to a complaint filed by
ACHR on 23 April 2013 and held that the torture meted out to the
prisoner amounted to a gross violation of his human rights.
Case 9 : Award of Rs. 2 lakh compensation to a minor

rape survivor in West Bengal
On 11 December 2018, the National Human Rights (NHRC)
recommended the State Government of West Bengal to pay Rs. 2 lakh to
an 11-year-old minor girl allegedly raped by an Assistant Sub-Inspector
Haridas Roy on 6 September 2017. The NHRC held that “a clear case of
violation of the human rights of the victim girl is made out and State
Government is vicariously liable to pay monetary compensation to the victim”.
The direction was passed after considering the report dated 1 November
2018 submitted by the State government in NHRC Case No. 1268/25/
6/2017 filed by the Asian Centre for Human Rights on 20 September
2017.
The case pertains to the rape of an 11-year-old girl by ASI Haridas Roy at
the Dinhata barrack in Cooch Behar district of West Bengal on 06.09.2017.
The victim, a Class IV student, was sexually assaulted when she went to
deliver breakfast to the accused police officer in his room. Following the
rape, the accused threatened the victim with dire consequences if she
revealed the incident to anyone. Initially, the victim kept silent but later
when her mother, who runs a small eatery in the area, asked her to deliver
the food again to the accused, she disclosed the incident.583
Among others, ACHR urged the NHRC to direct the State Government
of West Bengal to order an enquiry into the incident, appropriate legal
action against the accused and adequate compensation to the victim.
The NHRC registered the complaint (1268/25/6/2017) and issued notice

to the State Government of West Bengal to submit detail reports.
583
. ASI arrested for ‘raping’ minor girl in Cooch Behar, The Indian Express, 19 September
2017, available at: https://indianexpress.com/article/india/asi-arrested-for-raping-minor-girl-
in-cooch-behar-4850393/
(187)
In compliance to NHRC’s direction, a report dated 19.01.2018 was

submitted by the Director General & Inspector General of Police, West
Bengal, which states that a case was registered against ASI Haridas Roy at
Dinhata Police Station vide Case No.886/17 dated 16.09.2017 u/s
376(2)(a)(ii) IPC r/w Section 6 of POCSO Act. The report further stated
that after completion of investigation, charge sheet was filed in the court
vide Dinhata PS C.S. No. 1035/17 dated 25.12.2017 u/s 376 (2) (a)
(ii) IPC r/w Section 6 of POCSO Act.584
II. STATE HUMAN RIGHTS COMMISSIONS

The State Human Rights Commissions (SHRCs) also intervened in a
number of cases to provide justice and reparation to the victims, or their
family members during 2018. Some of the emblematic cases are cited
below.
Tamil Nadu State Human Rights Commission

Case 1 : Autorickshaw driver awarded Rs 50,000
compensation for torture
In January 2018, the Tamil Nadu State Human Rights Commission
(TNSHRC) recommended the Tamil Nadu government to pay Rs 50,000
as compensation to an autorickshaw driver identified as Prakash for
custodial torture at Ice House police station in Chennai in 2015. The
Commission also recommended that the sum be recovered from the
accused police officer.
According to the petition of N. Kumuthavalli, in February 2015 her son

Prakash had a quarrel with special sub inspector identified as Sundarsingh
posted at the Ice House police station and since then, the police summoned
the victim freqetly to the police station. On 24 February 2015, Prakash
was taken to the Ice House Police Station, where Sundarsingh and head
constable S. Pooncholai assaulted him due to which the victim sustained
injuries and had to be admitted to hospital.585
Denying the allegations, the special sub inspector stated that the youth
victim was “a rowdy” and had three cases against him. He said though
the youth was arrested on the said day, he was released on bail later. But
584
. NHRC’s proceedings in Case No. 1268/25/6/2017
585
. SHRC suggests Rs 50,000 compensation for youth, The Hindu, 26 January 2018,
available at https://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/shrc-suggests-
rs-50000-compensation-for-youth/article22526733.ece
(188)
TNSHRC member in his order held that their probe established the fact
that the victim was assaulted by the special sub inspector, Sundarsingh.586
Case 2 : Tortured driver awarded Rs 75,000 compensation

for torture by police
In February 2018, TNSHRC directed the state government of Tamil Nadu
to pay a compensation of Rs 75,000 to a van driver identified as A.
Velmurugan of Satharasankottai in Sivagangai district of Tamil Nadu,
who became a victim of custodial torture.587
In his petition to the TNSHRC, the victim submitted that K. Rasiya and
his friend S. Murugan were in love and they eloped to get married. In
this connection the victim was taken into custody at Ilayangudi Police
Station 17 April 2009 and tortured to disclose the whereabouts of the
couple. The victim alleged that he was stripped semi-naked and SI
Geethalakshmi assaulted him on his buttocks with Palmyra tree plank.
The victim sustained injuries and had to be admitted to a hospital after
his release. But after coming to know about the hospitalization of the
victim, the policemen got him discharged from that hospital and instead
took him to the Government General Hospital, Sivagangai next day. The
policemen did this to conceal evidence of torture on the victim.588
On completion of investigation, TNSHRC member D. Jayachandran
held that the duty doctor had confirmed that Velmurugan was assaulted
by two male and a woman police personnel. The TNSHRC directed that
the State government to pay Rs Rs 75,000 as monetary relief which
should be recovered from the three accused police personnel.589
Case 3 : State directed to initiate criminal proceedings u/s

302 for tortured to death of a Dalit youth and Rs
10 lakh compensation awarded to next of kin
In February 2018, the TNSHRC directed the Tamil Nadu government
to pay a compensation of Rs 10 lakh to Ms Panchavarnam of Batlagundu
in Dindigul district of Tamil Nadu whose husband died due to police
torture in 2008. TNSHRC member D. Jayachandran not only
586
. Ibid
587
. Tamil Nadu to compensate van driver for custodial torture, The Deccan Chronicle, 6
February 2018, available at https://www.deccanchronicle.com/nation/current-affairs/060218/
tamil-nadu-to-compensate-van-driver-for-custodial-torture.html
588
. Ibid
589
. Ibid
(189)
recommended for recovering the compensation amount from the accused

police officials namely Inspector Sarkarai, Sub Inspector Pandiammal,
Head Constable Jayaprakash attached to Viruveedu Police Station, but
also directed the authorites to initiate departmental action against them,
besides initiating criminal prosecution under Section 302 IPC and under
SC/ST Act.590
The TNSHRC also asked the State government to “consider the poor
condition of the complainant on humanitarian ground and provide a
government job, as there is no earning person available in the family of
the complainant”.
According to the petitioner (Panchavarnam), her husband Jayapandi was

intercepted by the respondent police personnel on 14 February 2008
when he was on his way to a funeral. They questioned him about the
wire he carried and alleged it belonged to a Minister. She claimed that
the police personnel assaulted him during interrogation.591 The respondent
police officials picked up the victim again on 17 February 2008 and
brutally tortured him. He was released from the Police Station but he
succumbed to the injuries and died on the way to his home.592
The respondent policemen denied the allegations levelled against them.
However, on perusal of contentions and submissions made by both parties,
the TNSHRC held the respondents were “responsible for the death
of Jayapandi and they had violated the human rights of the deceased
Jayapandi.” 593
Case 4 : SHRC issued notice in custodial death case of

Sitrarasu
On 3 May 2018, the TNSHRC took suo motu cognizance and directed
the Tamil Nadu Home Secretary to submit a detailed report within four
weeks about the death of one Sitrarasu, aged 45 years, in the custody of
the Chunambedu Police Station in Kancheepuram district in the early
590
. SHRC relief for wife of police torture victim after 10 years, The Hindu, 27 February
2018, available at https://www.thehindu.com/news/cities/chennai/shrc-relief-for-wife-of-
police-torture-victim-after-10-years/article22860982.ece
591
. Ibid
592
. Probe death: SHRC orders cops to pay family Rs 10 lakh, The Times of India, 27
February 2018; available at: https://timesofindia.indiatimes.com/city/chennai/probe-death-
shrc-orders-cops-to-pay-family-rs-10-lakh/articleshow/63087768.cms
593
. SHRC relief for wife of police torture victim after 10 years, The Hindu, 27 February
2018, available at https://www.thehindu.com/news/cities/chennai/shrc-relief-for-wife-of-
police-torture-victim-after-10-years/article22860982.ece
(190)
hours of 2 May 2018. TNSHRC chairman Justice T Meenakumari also

directed the Director General of Police of Tamil Nadu to order an
investigation into the matter and submit a report within six weeks.
The police ridiculously claimed that Sitrarasu, a junior assistant in the

education department and resident of Chunambedu, had hanged himself
using his innerwear in a washroom in the Police Station after he was
detained for allegedly assaulting his neighbour.594
But the deceased’s wife, Vennila, alleged that he policemen had beaten
her husband to death in their custody and then staged a suicide. Vennila’s
uncle, Prashanth, said Sitrarasu had gone to the police station of his own
accord to cooperate with the investigation on the evening of 1 May after
he attacked his neighbour, Jagan.595
Case 5 : SHRC ordered probe by its investigation wing into

custodial death of a youth at Neelankarai Police
Station, Chennai
On 22 May 2018, TNSHRC taking suo motu cognisance of media reports
about the custodial death of a man at Neelankarai Police Station in
Chennai, directed the Director General of Police, Tamil Nadu and Director,
Investigation Wing of the TNSHRC to submit reports within four
weeks.596 V. Anthony, aged 28 years, a resident of Tsunami Quarters in
Kannagi Nagar, Chennai, died in custody of the Neelankarai Police Station
after he was taken into custody along with another suspect on 17 May
2018 for interrogation in connection with a theft case. The police claimed
that the deceased complained of uneasiness and was taken to a hospital,
where he was declared brought dead.597
Based on corroboration by the duty doctor that Velmurugan was assaulted
by two male and a woman police personnel, TNSHRC member D.
Jayachandran held that police personnel had tortured Velmurugan. He
noted that this was a gruesome act and a worst example of cruelty and
lawlessness amounting to violation of right to life of the victim. The
594
custody-shrc-issues-notice-to-tamil-nadu-govt/articleshow/64018877.cms
595
. Tamil Nadu: In custody, ‘man hangs himself with underwear’, The Times of India, 3 May
2018, available at https://timesofindia.indiatimes.com/city/chennai/in-custody-man-hangs-
himself-with-underwear/articleshow/64008221.cms
596
. SHRC seeks report on custodial death, The Hindu, 22 May 2018, available at https://
www.thehindu.com/news/cities/chennai/shrc-seeks-report-on-custodial-death/
article23954020.ece
597
. Ibid
(191)
TNSHRC ruled that the victim is entitled to compensation against

sufferings of humiliation at the hands of the police, which amounts to
violation of his right, personal, liberty and dignity.598
Case 6 : MBA graduate awarded Rs 50,000 compensation

for illegal detention and torture
On 31 May 2018, the TNSHRC ordered Rs 50,000 compensation to a
MBA graduate, V Nandamani, a resident of Kolapakkam, who was
subjected to torture and human rights violation by SI Govindaraj attached
to the Guduvancheri Police Station in Kancheepuram district of Tamil
Nadu. TNSHRC member D Jayachandran also directed the government
to recover the amount from the accused SI.599
According to Nandamani, on 10 October 2010 he visited his relative
Venkatesan at his house in Unamancheri. As they were chatting in front
of Venkatesan’s house, at about 8 pm, Govindaraj came there along with
a few other police personnel and attempted to arrest Venkatesan. Both
Venkatesan and Nandamani were arrested and the latter was detained in
the Police Station without any justification and tortured, and finally
remanded to judicial custody for eight days. After perusing the documents
produced in support of the claims made by both the parties, the SHRC
concluded that the complainant was subjected to human rights
violation.600
Case 7 : Dismissal of police constable recommended for

sexual harassment
In September 2018, the TNSHRC recommended to the Tamil Nadu
government to remove from service a head constable A. Senthamaraikannan
accused of sexually harassing a woman Sub-Inspector in 2010 when both
were working at SIPCOT Police Station near Manamadurai in Sivaganga
district.601
TNSHRC member D. Jayachandran also recommended a compensation
of Rs 5 lakh to be paid to the complainant. He ordered that the
598
. Ibid
599
. SHRC orders Rs 50,000 relief to MBA graduate for custodial torture, The Times of
India, 1 June 2018, available at https://timesofindia.indiatimes.com/city/chennai/shrc-orders-
rs-50k-relief-to-mba-graduate-for-custodial-torture/articleshow/64407020.cms
600
. Ibid
601
. SHRC recommends removal of policeman, The Hindu, 5 September 2018, available at
https://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/shrc-wants-policeman-
sacked/article24867855.ece
(192)
compensation amount should be recovered from Senthamaraikannan (Rs.

3 lakh) who allegedly harassed her, and the then Superintendent of Police
(now Inspector General of Police) N. Rajasekaran (Rs. 2 lakh) for allegedly
not taking action on her complaint. The Commission also recommended
disciplinary action against Mr. Rajasekaran. Besides, it suggested
considering the woman Sub-Inspector for a promotion.602
According to the complainant, she was subjected to unnecessary torture
by all male police officials, which affected her mentally. Despite her
complaints to the then Superintendent of Police and Inspector General
of Police, no action was taken.603 Upholding allegations made by the
complainant, the TNSHRC ruled that the complainant proved her case
that the first respondent (then head constable) had sexually harassed and
mentally tortured the complainant.604
Case 8 : Tamil Nadu government directed to initiate

disciplinary proceedings against police inspector
and Rs 50,000 compensation awarded to torture
victim
On 14 September 2018, the TNSHRC recommended the Tamil Nadu
government to pay a compensation of Rs. 50,000 to S. Pugalendhi of
Krishnapuram in Kadayanallur, an AIADMK booth agent, who was
beaten up by Inspector D. Felix Suresh Pete attached to Kadayanallur
Police Station in Tirunelveli district during the Assembly polls on 13
April 2011. TNSHRC member D. Jaychandran also recommended that
the compensation amount be recovered from Inspector D. Felix Suresh
Peter, and to initiate disciplinary action against him.605 The TNSHRC
noted that it was categorically established from the report of the
Superintendent of Police in Tirunelveli that the complainant was assaulted
by the respondent and he sustained injuries while the respondent inspector
failed to lead any evidence to the contrary.606
602
. Ibid
603
. Ibid
604
. Ibid
605
. SHRC recommends payout to AIADMK worker attacked by policeman, The Hindu, 15
September 2018, available at https://www.thehindu.com/todays-paper/tp-national/tp-
tamilnadu/shrc-recommends-payout-to-aiadmk-worker-attacked-by-policeman/
article24951298.ece
606
. Ibid
(193)
Case 9 : Compensation of Rs 50,000 awarded to a torture

victim in Tirupur
In September 2018, the TNSHRC recommended compensation of Rs.
50,000 to R. Arun of Palladam who was tortured in custody by the
police in Tirupur district of Tamil Nadu. The Commission also
recommended that the sum be re covere d from an Inspector
Thannasipandian607 who had tortured the victim at Avinashi Police Station.
He claimed that his hands were tied and his clothes removed and was
made to starve.608
Case 10 : Rs.2 lakh compensation awarded to a torture

victim
In October 2018, the TNSHRC directed Sub Inspector (SI) Priyadarshini
and Inspector Saraswathi of All Women Police Station, Arakkonam in
Tamil Nadu to pay a compensation of Rs 2 lakh to a youth on charge of
torturing him in illegal custody five years ago. He was arrested and detained
on rape charges in Central Prison Vellore for nearly two weeks. TNSHRC
member D Jayachandran ruled that the petitioner Praba had proved that
her son was tortured by SI Priyadarshini and Inspector Saraswathi in
illegal custody and that Saraswathi registered a rape case against Saranraj
and detained him in prison without examining the witnesses.609 Mrs S.
Praba of Melath Nagar, Keezhkuppam Village, Arakkonam taluk in Tamil
Nadu’s Vellore district filed a complaint with the TNSHRC against illegal
detention and torture of her elder son Saranraj by the respondents in
December 2013. At about 1.30 pm on 10 December 2013 Saranraj who
was working in private company, was waiting for a bus at Jothi Nagar
bus stop when S. Priyadarshini, the then SI of All Women Police Station,
Arakkonam took him to the Police Station for investigation into
accusations of rape. The petitioner saw her son being severely beaten up
by SI Priyadarshini in illegal detention and accused Saranraj of duping a
woman of Rs 1.50 lakh. Praba claimed that her son became unconscious
due to torture by the respondents. Next day inspector A. Saraswathi
arrested Saranraj on rape charges and detained him at Central prison
Vellore.610
607
. SHRC calls for action against police for torturing man, The Hindu, 4 September 2018,
available at https://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/shrc-calls-for-
action-against-police/article24859448.ece
608
. Ibid
609
. Police to compensate torture victim with Rs 2 Lakh, The Deccan Chronicle, 13 October
2018, available at https://www.deccanchronicle.com/nation/current-affairs/131018/police-
to-compensate-torture-victim-with-rs-2lakh.html
610
. Ibid
(194)
Case 11 : Victim awarded compensation of Rs 30,000 against

ill treatment by police
In another case in October 2018, the TNSHRC directed the State
government to pay Rs 30,000 as compensation to J Rameshkumar, a
resident of Alwarpet, Chennai, who was subjected to human rights
violation by a sub inspector of police who made him to remove his dress
and sit in the Police Station in his underwear. Based on a false complaint
filed by a neighbour the victim was summoned to the Police Station
where SI Vijaya Pandian threatened and treated him like a hardcore criminal
and forced him to remove his cloths and sit on the floor only with
underwear.611 TNSHRC Member D Jayachandran directed the state to
recover the amount from Vijaya Pandian, sub inspector attached to
Teynampet Police Station.612
Case 12 : Woman police constable awarded Rs 50,000

compensation in a case of harassment and assault
by police
In another case in October 2018, the TNSHRC directed the Tamil Nadu
government to pay a compensation of Rs 50,000 to a woman police
constable, Ms G Sathya, who was allegedly harassed and tortured by two
sub-inspectors in Tirunelveli. G Sathya attached to the Armed Reserve in
Coimbatore, stated in her petition that she took medical leave in July
2013 and was at her home in Suthamalli village in Tirunelveli district
where her mother and sisters reside. Around midnight on 3 August 2013,
two sub-inspectors from Suthamalli Police Station namely Subramanian
and Josephine Mary knocked on her doors and on opening the door,
Subramanian slapped her for the delay in opening the door while Mary
abused her in filthy language. The petitioner alleged that they had taken
Rs 50,000 from her house and they falsely accused her of indulging in
prostitution and threatened her.613
611
. SHRC imposes Rs 30,000 penalty on Sub Inspector, Times of India, 16 October 2018,
available at https://timesofindia.indiatimes.com/city/chennai/shrc-imposes-rs-30000-penalty-
on-si/articleshowprint/66229828.cms
612
. Ibid
613
. SHRC directs TN govt to pay Rs 50,000 compensation to woman cop, Times of India,
25 October 2018, available at https://timesofindia.indiatimes.com/city/chennai/shrc-directs-
tn-govt-to-pay-rs-50000-compensation-to-woman-cop/articleshow/66362904.cms
(195)
Case 13 : Police inspector directed to pay compensation of

Rs 1 lakh to scrap merchant
In yet another case in October 2018, the TNSHRC directed the then
Inspector of Washermanpet Police Station to pay a compensation of Rs 1
lakh to a scrap merchant, T. Muthu, for threatening and extorting his
gold jewels in custody eight years ago. As per the petition at 6.30 PM on
29 September 2010, two police constables attached to Washermanpet
Police Station, Chennai, came to his shop and asked him to come to the
Police Station as the Inspector Soundararajan wanted to meet him. Once
in the Police Station, the Inspector accused him of buying 55 grams of
stolen gold jewel from one Ramesh, whom Muthu even did not know.
At this, Inspector Soundararajan detained Muthu at the station, scolded
him and threatened him with dire consequences if he did not confess to
purchase of 55 grams of stolen gold jewels from Ramesh. Unable to face
Inspector’s anger, Muthu gave a gold chain weighing 24.750 gram that
he was wearing at that time to the Inspector. The Inspector threatened
him that he should not disclose this to anyone.614
Case 14 : State government directed to pay compensation of

Rs 10 lakh to NoK of torture victim in Vellore
district and to initiate action against accused
cops615
In November 2018, the TNSHRC directed four policemen including a
DSP ranked officer, to pay a compensation of Rs 10 lakh to the wife of a
retired Central Reserve Police Force (CRPF) personnel five years after
tortured to her husband to death in police custody in Gudiyatham taluk
Police Station in Vellore district of Tamil Nadu. The commission also
recommended that government initiate disciplinary action against
policemen and Dr K. Selvaraj, police surgeon, professor of forensic
medicine, Government Vellore Medical College, Vellore.
The order was given by the TNSHRC while disposing off a petition filed
by G. Sumalatha, wife of the deceased. She submitted that on 19
September 2013 her husband Gopal, aged 43 years, who had retired as
Havildar from the CRPF was in his poultry farm when two constables
614
. Human rights violation: Inspector asked to pay Rs 1 lakh compensation, The Deccan
Chronicle, 12 October 2018, available at https://www.deccanchronicle.com/nation/current-
affairs/121018/human-rights-violation-inspector-asked-to-pay-rs-1-lakh-compensation.html
615
. Custodial death: SHRC directs 4 cops to pay Rs 10 lakh, The Deccan Chronicle, 22
November 2018, available at https://www.deccanchronicle.com/nation/crime/221118/
custodial-death-shrc-directs-4-cops-to-pay-rs-10-lakh.html
(196)
from Gudiyatham taluk Police Station came there and took him to the
Police Station to interrogate him in connection with the murder of a
person. The policemen did not produce him in the court but informed
her that he died on 1 October 2013, at about 6.00 PM in the Police
Station.
She stated that the exact reason for his death was not disclosed to her
while her husband was healthy at the time of arrest. She sought action
against K. Sundaram, DSP, Gudiyatham sub-division, M. Muralidharan,
Inspector, K. Inbarasan, Senior Sub Inspector, and S. Umachandran,
head constable of Gudiyatham taluk Police Station in Vellore district.
Denying the allegations, the policemen stated that the deceased had been
arraigned as an accused in the murder of Sugumaran, government higher
secondary school teacher. He, along with others were arrested at
Gudiyatham bus stand and brought to the Police Station for enquiry.
The cops claimed that Gopal became unconscious and was rushed to the
primary health centre at Melpatti. Following the advice of the doctor he
was shifted to Gudiyatham where he was declared as brought dead.
TNSHRC member D. Jayachandran said that police had not come forward
to disclose how Gopal died in police custody. The commission suspected
that Gopal was beaten severely by police. Holding them responsible for
his death, the judge directed the policemen to pay a compensation of Rs
10 lakh to Sumalatha and recommended the government to initiate
disciplinary action against the policemen and Dr K. Selvaraj.
Case 15 : State govt asked to pay Rs 1 lakh compensation

to victim of torture616
In another case in November 2018, the TNSHRC directed two policemen
to pay a compensation of Rs 1 lakh to a person on charges of implicating
him in false criminal case and assaulting him in custody. He was forcefully
stripped in the Police Station.
The order was given by TNSHRC member D. Jayachandran, in a petition

filed by the victim A. Rajinikanth. As per the petition, the victim was
falsely implicated in a criminal case by police in Puzhal Police Station,
Chennai, on the basis of a false complaint of cheating by one Sivakumar.
On 20 December 2013, at about 3 am, Babu Rajendra Bose, inspector,
and Mani, sub inspector of Puzhal Police Station, took the victim to
616
. Chennai: 2 cops to pay man Rs 1Lakh for slapping false case, torture, The Deccan
Chronicle, 15 November 2018, available at https://www.deccanchronicle.com/nation/current-
affairs/151118/2-cops-to-pay-man-rs-1lakh-for-slapping-false-case-torture.html
(197)
Police Station and locked him up. He was forced to remove all his clothes
and subjected to inhuman treatment. Police asked him to settle the loan
to tune of Rs 4 lakh taken from Sivakumar. They also alleged that he had
taken 4 and half sovereign of gold rings, a 2 sovereign gold bracelet and
a 2 and half sovereign of gold chain from Sivakumar. Police locked him
up in the cell at the Police Station for two days till 4 pm on 22 December.
Thereafter, he was produced at the judicial magistrate's residence at
Velachery at about 6.45 p.m. On the way to Puzhal jail the police took
him to a secluded place near the Police Station and again assaulted him.
He sustained injuries.
The policemen denied all the allegations. However, after considering

evidences, TNSHRC member D. Jayachandran held that Rajinikanth was
falsely implicated in the criminal case and illegally arrested by Babu
Rajendra Bose and Mani and remanded to judicial custody. This amounts
to violation of human rights of the complainant.
Case 16 : Rs 2.5 lakh compensation awarded to a victim of

illegal arrest, arbitrary detention and ill treatment
and actions against accused policemen
recommended617
In another case in November 2018, the TNSHRC recommended the
Tamil Nadu State government to pay a compensation of R 2.5 lakh to a
man, who was erroneously arrested in connection with a case and meted
out ill treatment. Awarding the compensation, TNSHRC member A.
Chittaranjan Mohandoss stated: “This Commission carefully examined
complaint, counter, depositions and all other records and it’s clear from the
above that Mr. Arunkumaran faced humiliation and he was mishandled by
the respondents has violated the basic human rights of the complainant.” The
TNSHRC also directed the Additional Chief Secretary to Government,
Home Department, Secretariat, Chennai to “take disciplinary action
against all the respondents.”
The TNSHRC further recommended the State government to recover

the compensation amount from the guilty police officials viz. Inspector
E. Rajeswari, Special Sub-Inspector R. Balakrishnan and Head Constable
K. Francis (all attached to Central Crime Branch then) involved in the
case.
617
. SHRC orders police to pay penalty, The Hindu, 16 November 2018, available at https:/
/ww w.th ehin du.c om/n ews/ citie s/ch enna i/sh rc-o rders -pol ice- to-p ay-p enal ty/
article25510947.ece
(198)
The order was given in a petition filed by the victim identified as M.

Arunkumaran of South West Boag Road in T. Nagar in Chennai. According
to the complaint, the victim was allegedly dragged to a tempo van from
his office 11 August 2014 by the above named Central Crime Branch
personnel and was brutally beaten up in custody. The cops also denied
food and medication to the victim.618
Case 17 : Rs 10,000 compensation awarded to torture

victim619
In the first week of December 2018, the TNSHRC ordered the State
government of Tamil Nadu to pay a compensation of Rs 10,000 to a
senior citizen (woman) who was slapped by a police inspector when she
went to the Police Station to lodge a complaint. The complainant M
Vasuki submitted that she had filed a complaint at the Kasimedu Police
Station in March 2017. Since no action was taken even after six months
of her complaint, she went to the station to meet police inspector
Chidambara Barathi. However, Barathi began to threaten her and slapped
her.
Chidambara Barathi, however, denied the allegations. But based on the

available documents, TNSHRC member D Jayachandran concluded that
Vasuki had proved that she was slapped and threatened by the police
officer and her human rights, including her right to dignity, had been
violated. The Commission recommended the state government to pay a
compensation of Rs 10,000 to Vasuki and recover the amount from the
police inspector.
Case 18 : State govt directed to pay Rs 50,000 to a victim

of custodial harassment620
In another order in the first week of December 2018, the TNSHRC
ordered the State government of Tamil Nadu for payment of a
618
. Tamil Nadu government asked to pay Rs 2.5 Lakh to victim of police brutality, The New
Indian Express, 16 November 2018, available at http://www.newindianexpress.com/states/
tamil-nadu/2018/nov/16/tamil-nadu-government-asked-to-pay-rs-25-lakh-to-victim-of-
police-brutality-1898864.html
619
. Cop to pay Rs 10K to elderly woman for slapping her - Chidambara Barathi, in his
counter affidavit, denied the allegations, The New Indian Express, 12 December 2018,
available at http://www.newindianexpress.com/cities/chennai/2018/dec/12/cop-to-pay-rs-
10k-to-elderly-woman-for-slapping-her-1910280.html
620
. Pay Rs 50,000 to panchayat chief: Tamil Nadu human rights body, The New Indian
Express, 19 December 2018, available at http://www.newindianexpress.com/states/tamil-
nadu/2018/dec/19/pay-rs-50k-to-panchayat-chief-shrc-1913418.html
(199)
compensation of Rs 50,000 to V Ramamoorthi, president of Theevanur

panchayat in Villupuram, three years after he was allegedly harassed by
the police. In his petition, the victim alleged that he was taken to the
Roshanai Police Station in November 2015 and threatened to pay a bribe
of Rs 2 lakh. He also stated that he was abused using casteist slurs and
was physically harassed. Senthilkumar, Circle Inspector, Roshanai Police
Station, and Sathish, Sub-Inspector, Roshanai Police Station, submitted
that the allegations levelled against them were false.
Case 19 : State govt asked to initiate disciplinary action

against two policemen for custodial torture621
On 19 December 2018, the TNSHRC directed a police inspector and
sub inspector (SI) in Villupuram district to pay compensation of Rs
50,000 to V. Ramamoorthi, president of village panchayat of Theevanur
village in Villupuram district, for illegal detention and custodial torture
in 2015. The SHRC also recommended that government initiate
disciplinary proceeding against the policemen.
In his petition, V. Ramamoorthi submitted that on 5 November 2015,
Senthilkumar, Inspector, Roshanai Police Station, Villupuram district
asked him to come to the Police Station. When the victim sought to
know the reasons, Sathish, Sub Inspector, abused him and the police
dragged him to the Police Station. On reaching the Police Station,
Senthilkumar abused the victim and demanded a bribe of Rs 3 lakh and
documents of a property. The policemen made him sit without a shirt in
the Police Station and kicked him with boots.
In their reply, Senthilkumar and Sathish denied the charges. They

submitted that a case was registered against the petitioner and others
based on a complaint from one Porchilai in connection with a land dispute.
TNSHRC member D. Jayachandran held that the complainant had proved
that Senthilkumar and Sathish had violated his human rights and
recommended that the state government should initiate disciplinary action
against them.
621
. Chennai: Cops to pay man Rs 50,000 for harassing him 3 years ago, Deccan Chronicle,19
December 2018, available at https://www.deccanchronicle.com/nation/current-affairs/
191218/chennai-cops-to-pay-man-rs-50000-for-harassing-him-3-years-ago.html
(200)
Madhya Pradesh State Human Rights Commission

Case 1 : Award of Rs.5 lakh compensation to children of
woman undertrial prisoner in Madhya Pradesh
On 12 July 2018, the Madhya Pradesh Human Rights Commission
(MPHRC) recommended a compensation of Rs 5 lakh to the two minor
children of a woman undertrial prisoner who died after consuming
poisonous substance in a jail in Bhopal. During investigation the MPHRC
found that the deceased died due to gross carelessness and ignorance of
jail and police management. Holding jail and police administration
responsible for the incident, a bench of Justice Narendra Kumar Jain and
member Sarabjeet Singh also recommended initiation of a departmental
inquiry against the guilty public servants.622
The deceased woman prisoner named Saraswati alias Sarla consumed some
poisonous substance in jail on 10 August 2015 and she died while
undergoing treatment.623
Odisha State Human Rights Commission

Case 1 : OHRC directed payment of Rs 3 lakh
compensation in custodial death case624
On 6 March 2018, the Odisha Human Rights Commission (OHRC)
directed the State government of Odisha to pay a compensation of Rs 3
lakh to the next of kin of deceased Abhaya Kumar Singh, aged 45 years,
who died in the custody of Sambalpur jail on 19 June 2017 allegedly
due to police torture. The deceased, a resident of Palampur village under
Purulia Police Station limits of West Bengal had come to Sambalpur in
Odisha with his younger brother Ajaya and brother-in-law Khata Singh
during ‘Shitalasasthi’ festival to do business. However, they were arrested
by Sambalpur Police from ‘Pirababa’ crossing on 30 May last year and
kept in Town Police Station. On the next day, the trio was taken to
Ainthapalli Police Station and then to Jujumura Police Station. After
keeping them in different Police Stations for a week, police forwarded
622
. MPHRC orders to pay Rs 5 lakh to kin of woman who died in jail, The Free Press Journal,
9 August 2018, available at https://www.freepressjournal.in/latest-news/bhopal-mphrc-orders-
to-pay-rs-5-lakh-to-kin-of-woman-who-died-in-jail/1331640
623
. Ibid
624
. Jujumura Custody Death: Govt Asked To Pay Rs 3L Compensation, Odishabytes.com,
available at http://www.odishabytes.com/jujumura-custodial-death-ohrc-orders-rs-3-lakh-
compensation-kin-deceased/
(201)
Abhaya Singh to the court on 7 June 2017 which remanded him to the
judicial custody.
It was alleged that by the time Abhaya was remanded to custody, he was
not able to stand properly and he was in a serious condition. He had
problems of vomiting and he bled with urine. He was kept in jail for
three days, but when his condition deteriorated, he was shifted to Veer
Surendra Sai Institute of Medical Sciences and Research, Burla on 10
June 2017 where he died after nine days.
Case 2 : Award of Rs 50, 000 to a victim of illegal detention

and action against police officials directed625
In October 2018, the OHRC has directed the State Government to pay
a compensation of Rs 50,000 to a resident of Angul district, Markand
Naik, for illegally confining him after his son eloped with a minor girl.
The OHRC sought a report from the DIG and Angul SP. It noted that
Naik was picked up from his house at Amantapur village on 8 September
2015 and subsequently put in fetters for an alleged offence committed
by his son Mithun, who had allegedly kidnapped a minor girl on 6
September 6, 2015. The investigating officer of the case DK Swain and
constable Koili Kishan were suspended for putting Naik in fetters and a
departmental inquiry was initiated against the duo. The order for
compensation was passed in a complaint filed by Supreme Court lawyer
and rights activist Radhakanta Tripathy before the NHRC which
transferred the case to the OHRC for appropriate action against the police
and compensation to the innocent father.
Karnataka State Human Rights Commission

Case 1 : State govt asked to pay compensation of Rs 1 lakh
in custodial torture
In September 2018, the Karnataka State Human Rights Commission
(KSHRC) has directed Karnataka DGP to initiate departmental inquiry
and disciplinary action against five police officers for allegedly torturing a
man who was taken into custody illegally and making him lick their
boots. The KSHRC also directed the State government to pay a
compensation of Rs 1 lakh to the victim. The delinquent officials posted
at Rajajinagar Police Station — Inspector N Ramesh, Sub Inspectors HN
Manju and MV Ramaiah, Assistant Sub Inspector DK Ramaiah and Head
625
. OHRC awards compensation of Rs 50K to victim, The Pioneer, 24 October 2018,
available at https://www.dailypioneer.com/2018/state-editions/ohrc-awards-compensation-
of-rs-50k-to-victim.html
(202)
Constable L Ramesh — are facing charges of human rights violations.

The officials were accused of summoning and detaining Maruthinagar
resident Ravindra Raman on 6 April 2018 even though there was no
complaint against him. After allegedly locking him up at 4.30 pm, the
cops tortured him for over two-and-half hours and forced him to lick
their boots. Raman sustained severe injuries and was admitted to a hospital
in Rajajinagar on 10 April. In his complaint filed before the KSHRC,
Raman said two bones of his right arm and heel were fractured.626
Kerala State Human Rights Commission

Case 1 : Kerala govt asked to act against cops whose names
figure in criminal case
On 7 June 2018, the Kerala State Human Rights Commission (SHRC)
ordered the state government to take immediate action against all police
officers whose names figure in criminal cases in the state. The SHRC
sought the government to immediately inform it about the details of
‘criminals’ in the force. SHRC acting chairman P Mohanadas asked the
Home Secretary and DGP to submit a report in this regard within 30
days.627 In April 2018, Kerala Home Department in a reply to an RTI
application revealed that 1,129 police officers involved in criminal cases
including 10 DSPs, eight Circle Inspectors and 195 personnel of SI-ASI
ranks. Thereafter, the SHRC directed the Kerala Police chief Loknath
Behera to fetch details of the Police officers named as accused in criminal
offences.628
The SHRC ordered the state government to invoke section 86 of the
Kerala Police Act against the accused officers. As per section 86 (1) of the
Kerala Police Act, the police personnel involved in criminal cases should
be suspended from service. The rule also stipulates that the officers should
be dismissed from service if found to be guilty. Mohanadas censured top
626
. Five cops face action for forcing detainee to lick their boots, 10 September 2018,
available at https://timesofindia.indiatimes.com/city/bengaluru/five-cops-face-action-for-
forcing-detainee-to-lick-their-boots/articleshow/65746225.cms
627
. Act against ‘criminal’ cops, says Kerala Human Rights Commission, New India Express,
7 June 2018, available at http://www.newindianexpress.com/states/kerala/2018/jun/07/act-
against-criminal-cops-says-kerala-human-rights-commission-1824716.html
628
. Criminals in khaki? 59 Kerala Police personnel to face action, The Week, 25 July 2018,
available at https://www.theweek.in/news/india/2018/07/25/criminals-khaki-59-kerala-
police-action.html
(203)
cops for not taking action as per rules against the 1,129 accused officers.
The SHRC urged the police to replace the accused at the earliest.629
The SHRC’s directions were given in a suo motu case registered by the
commission based on an RTI reply obtained by lawyer D B Binu.630
Case 2 : Suo motu case registered by SHRC against police

office on custodial torture of Aluva native Usman
In June 2018, the SHRC registered a suo motu case on the custodial
torture of Aluva native Usman, aged 39 years, by police personnel in
civvies and ordered Aluva Rural SP to render an explanation. Acting
chairperson Mohanadas directed the SP to institute an officer not below
the rank of DSP to probe the incident.631
According to Usman's relatives, at about 5.30 PM on 4 June 2018, a car
in which four police officers were travelling hit Usman’s motorbike near
the Edathala Government School, Aluva near Kochi city leading to an
altercation. The policemen manhandled Usman and later took him to
the Edathala Police Station where they assaulted him again. The assault
left Usman with a broken cheek-bone and he had been admitted to a
private hospital. A case was registered against Usman, accusing him of
triggering the altercation.632
Maharashtra State Human Rights Commission

Case 1 : Award of Rs. 2 lakh compensation to next of kin
of custodial death and direction for probe against
accused cops633
In January 2018, the Maharashtra State Human Rights Commission
(MSHRC) directed the State government to pay compensation of Rs 2
lakh to the next of kin of Nilesh Atamam Dhool, aged 22 years, who was
629
. Act against ‘criminal’ cops, says Kerala Human Rights Commission, New India Express,
7 June 2018, available at http://www.newindianexpress.com/states/kerala/2018/jun/07/act-
against-criminal-cops-says-kerala-human-rights-commission-1824716.html
630
. Ibid
631
. Ibid
632
. Case against cops in Kerala for assaulting man, Deccan Herald, 6 June 2018; available at:
https://www.deccanherald.com/national/man-thrashed-police-after-road-accident-kerala-
673578.html
633
. 2008 custodial death case: Rights panel blames police torture, directs Maharashtra govt
to pay compensation, The Indian Express, 7 January 2018, available at https://
indianexpress.com/article/india/2008-custodial-death-case-maharashtra-mshrc-5014609/
(204)
allegedly tortured to death in police custody in Akola in Maharashtra on

14 March 2008. A bench of Justice S R Bannumath and Justice M A
Sayeed of the MSHRC also directed the Director General of Police to
consider initiating an inquiry against all officers concerned and gave specific
direction on training of officers in use of third degree torture. The MSHRC
observed that police atrocities, specifically third degree torture forced the
deceased to allegedly commit suicide in police custody.
The MSHRC, in its order stated: “Evidence shows there was some attempt of
demanding bribe by police to release the deceased. Moreover it appears that the
deceased was assaulted mercilessly. This is fortified by the autopsy report where
number of ante-mortem injuries have been noticed by doctors.”
The commission, based on the sub-divisional magistrate’s inquiry, found

that the police also attempted to cover up the incident. The autopsy
findings suggested that hanging could have been orchestrated after the
death to make it look like a suicide. The commission recommended that
Section 304 (culpable homicide) should be added in the chargesheet
based on evidence.
The CID filed a chargesheet in the case naming sub-inspector Shivaji

Bendre for abetment of suicide, wrongful confinement and voluntarily
causing hurt. In its probe, the CID found that the police had made no
entry of his arrest in station records.
(205)
10. SCRUTINY OF INDIA’S RECORDS BY

THE UN HUMAN RIGHTS MECHANISMS
Hightlights
The United Nations made 10 public interventions on India between
24 May 2018 and 19 February 2019 to express its concerns on human
rights isues and situations in India.
The public statements included call on India to protect journalist
Rana Ayyub from online hate campaign, condemnation of and call for
probe into the deadly police response to protest against Sterlite Copper
plant in Thoothukudi in Tamil Nadu, releasing the first-ever UN human
rights report on Kashmir calling for international inquiry into multiple
violations, urging India to release rights defender Dr. G.N. Saibaba on
health grounds, calling for urgent progress in investigation of hundreds
of “fake encounter” killings, urging India to bring its new anti-trafficking
Bill in line with human rights law, expressing concerns over India’s
move to deport Rohingya refugees, expressing concerns over slapping
of terrorism charges to silence human rights defenders, and expressing
concerns over alleged police killings in Uttar Pradesh.
India is increasingly coming under the scrutiny of the United Nations

and 10 public statements made by the United Nations human rights
procedures establish the same.
I. Call to protect journalist Rana Ayyub from online hate

campaign
On 24 May 2018, Ms. Agnes Callamard, Special Rapporteur on
extrajudicial, summary or arbitrary executions; Mr. Michel Forst, Special
Rapporteur on the situation of human rights defenders; Mr. David Kaye,
Special Rapporteur on the promotion and protection the right to freedom
of opinion and expression; Mr. Ahmed Shaheed, Special Rapporteur on
freedom of religion or belief and Ms. Dubravka Šimonovi?, Special
Rapporteur on violence against women, called on India to act urgently
to protect journalist Rana Ayyub, who received death threats following
an online hate campaign.634
Ms Ayyub is an independent journalist and writer whose work has included
investigations into alleged crimes committed by public and government
officials. The online hate campaign against her intensified after a malicious
634
. Ibid
(207)
tweet on 20 April 2018 falsely quoted Ms Ayyub as supporting child

rapists and saying that Muslims were no longer safe in India. 635
Recalling the murder of journalist, Gauri Lankesh, following death threats
in September 2017 the UN experts in a joint statement issued in Geneva,
stated: “We are highly concerned that the life of Rana Ayyub is at serious risk
following these graphic and disturbing threats”.
The joint press statement further urged India “to urgently take steps to
protect Rana Ayyub and to ensure the threats against her are promptly and
thoroughly investigated. The Government has an obligation to provide effective
protection to those who receive death threats and to protect individuals from
foreseeable threats to life or bodily integrity,” the experts said.
II. Condemnation of and calling for probe into deadly police

response to protest against Sterlite Copper plant in
Thoothukudi in Tamil Nadu
On 31 May 2018, Ms. Anita Ramasastry, Chair of UN Working Group
on human rights and transnational corporations and other business
enterprises, Mr. Baskut Tuncak, Special Rapporteur on the implications
for human rights of the environmentally sound management and disposal
of hazardous substances and wastes, Ms. Agnes Callamard, Special
Rapporteur on extrajudicial, summary or arbitrary executions; Mr. Michel
Forst, Special Rapporteur on the situation of human rights defenders;
Mr. David Kaye, Special Rapporteur on the promotion and protection
of the right to freedom of opinion and expression; Mr. Clément Nyaletsossi
Voulé, Special Rapporteur on the rights to freedom of peaceful assembly
and of association; Mr. John H. Knox, Special Rapporteur on human
rights and the environment; Mr. Léo Heller Special Rapporteur on the
human rights to safe drinking water and sanitation condemned the
excessive and disproportionate use of lethal force by police against protesters
who demanded for closure of a copper smelting plant by Sterlite Copper,
a business unit of Vedanta Ltd. in Thoothukudi of Tamil Nadu over
health and environmental concerns.636
On 22 May 2018, police opened fire on thousands of protesters killing
12 people and injuring dozens of others marching against the expansion
of the heavily polluting copper plant.
635
. Ibid
636
. UN experts condemn deadly police response to protest against copper smelting plant in
India, call for probe, OHCHR.ORG, 31 May 2018, available at https://www.ohchr.org/en/
NewsEvents/Pages/DisplayNews.aspx?NewsID=23160&LangID=E
(208)
Call on the Indian authorities to carry out an independent and transparent

investigation, without delay, and to ensure accountability for the human
rights violations, the UN experts observed that India “should uphold the
rights to freedom of expression and assembly, as they are the cornerstone of
democratic societies and a critical tool to identify and protect against business-
related human rights abuses.”
The experts urged Government of India to “take all the necessary measures
to ensure that all business enterprises respect national as well as international
human rights and environmental norms, and that the Sterlite Copper’s smelting
plant resumes operations only after meaningful consultation with affected
communities and when fully complying with Indian environmental laws.”
III. Presenting first-ever UN human rights report on

Kashmir calls for international inquiry into multiple
human rights violations
On 14 June 2018, the Office of the United Nations High Commissioner
for Human Rights (OHCHR) issued the first-ever UN human rights
report on Kashmir calling for international inquiry into multiple human
rights violations.
The 49-page report637 – the first ever issued by the UN on the human
rights situation in Indian-Administered and Pakistan-Administered
Kashmir – detailed human rights violations and abuses on both sides of
the Line of Control, and highlights a situation of chronic impunity for
violations committed by security forces. It says there is an urgent need to
address past and ongoing human rights violations and abuses and deliver
justice for all people in Kashmir.
Presenting the report in the Human Rights Council, UN High

Commissioner for Human Rights Zeid Ra’ad Al Hussein said: “The
political dimensions of the dispute between India and Pakistan have long been
centre-stage, but this is not a conflict frozen in time. It is a conflict that has
robbed millions of their basic human rights, and continues to this day to inflict
untold suffering.”
High Commissioner Zeid urged the UN Human Rights Council to
consider establishing a commission of inquiry to conduct a comprehensive
independent international investigation into allegations of human rights
violations in Kashmir.
637
. Ibid
(209)
IV. UN experts urge India to release rights defender Dr.

G.N. Saibaba on health grounds
On 28 June 2018, UN expert - Catalina Devandas, Special Rapporteur
on the rights of persons with disabilities; Michel Forst, Special Rapporteur
on the situation of human rights defenders; Dainius P?ras, Special
Rapporteur on the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health; and Nils Melzer, Special
Rapporteur on torture and other cruel, inhuman or degrading treatment
or punishment – urged India to release human rights defender Dr. G.N.
Saibaba, a wheelchair user with severe disabilities, in view of his
deteriorating health.638
He was arrested in 2014 and sentenced to life imprisonment in 2017. He
is reportedly now being held in solitary confinement in a highly insanitary
cell in Nagpur jail, in darkness and with inadequate and inaccessible
facilities.
In a joint statement released in Geneva, the UN experts stated: “We are

concerned about reports that Dr. Saibaba is suffering from more than 15 different
health problems, some of which have potentially fatal consequences”.
Stressing that Dr. Saibaba urgently needed adequate medical treatment,

the experts stated: “We would like to remind India that any denial of reasonable
accommodation for people with disabilities in detention is not only discriminatory
but may well amount to ill-treatment or even torture. In particular, solitary
confinement should be prohibited when the conditions of prisoners with disabilities
would be made worse by this measure”.
The Special Rapporteurs called on the Indian authorities to immediately

ensure that Dr. Saibaba has continuous and unrestricted access to health
care, including adequate treatment and rehabilitation.
V. Calling for urgent progress in investigation of hundreds

of “fake encounter” killings in Manipur
On 4 July 2018, two UN experts, Ms Agnes Callamard, Special
Rapporteur on extrajudicial, summary or arbitrary executions and Mr
Michel Forst, Special Rapporteur on the situation of human rights
defenders urged India to complete thorough investigations into alleged
killings by security forces in the State of Manipur, after the Central Bureau
638
. UN experts urge India to release rights defender Dr. G.N. Saibaba on health grounds,
OHCHR.ORG, 28 June 2018, available at https://www.ohchr.org/en/NewsEvents/Pages/
DisplayNews.aspx?NewsID=23284&LangID=E
(210)
of Investigation failed to meet a deadline set by the Supreme Court for

inquiries into the cases.639
Expressing serious concerns over failure to complete investigations within
the timeframe set by the Supreme Court, the UN experts stated: “We are
extremely concerned that the delay appears to be deliberate, undue and
unreasonable, and we condemn this lack of progress”.
“The government of India has an obligation to ensure prompt, effective and
thorough investigations into all allegations of potentially unlawful killings,
and a failure to do so is a violation of its international obligations. Justice
delayed is justice denied,” the UN experts added.
In 2016, the Supreme Court set a deadline of 31 December 2017 for
investigations to be completed in 89 cases of fake encounter killings.
But, by the deadline, only 12 cases had been registered. The court set
another deadline of 28 February 2018 for these cases, but by 12 March
only 42 cases had been registered. Finally, the Supreme Court ordered
investigations be completed and a report be filed by 30 June 2018 for 50
cases. But in a hearing last Monday (2 July 2018), the CBI not only
failed to submit the required report but also indicated it had completed
investigations into only four cases.
They also expressed serious concerns about information that human rights
defenders associated with the cases had faced harassment by the authorities
and had even been attacked by unknown individuals. Mr. Sagolsem
Menjor Singh, Ms Ranjeeta Sadokpam and Ms Salima Memcha, members
of one of the civil society organisations involved in the case, have reportedly
been harassed by the police. Shots were fired at the home of another
supporter, Mr. Okram Nutankumar by unknown individuals.
VI. UN human rights expert expressed alarm at India’s move

to deport Rohingya refugees
On 2 October 2018, Ms E. Tendayi Achiume, Special Rapporteur on
contemporary forms of racism, racial discrimination, xenophobia and
related intolerance expressed alarm at the Indian Government’s plan to
deport seven Rohingya men to Myanmar, saying their forcible return
could constitute refoulement which violates international law.640
639
. India: UN experts call for urgent progress in investigation of hundreds of “fake encounter”
killings, OHCHR.ORG, 4 July 2018, available at https://www.ohchr.org/en/NewsEvents/
Pages/DisplayNews.aspx?NewsID=23323&LangID=E
640
. UN human rights expert alarmed by India move to deport Rohingya men, OHCHR.ORG,
2 October 2018, available at https://www.ohchr.org/en/NewsEvents/Pages/
(211)
The seven Rohingya men were arrested for illegal entry in 2012 after they
were caught by the police in the Shilchori-Nagatila region of Assam.
They served a sentence of three months for the crime of entering India
without valid documents. After completing the jail term, they were
incarcerated for six years at the foreigners detention centre in Silchar
Central Jail.641
Urging the Government of India to abide by the international norm of
non-refoulement and protect the rights of asylum seekers and refugees
including Rohingyas, the UN human rights expert stated: “The Indian
Government has an international legal obligation to fully acknowledge the
institutionalised discrimination, persecution, hate and gross human rights
violations these people have faced in their country of origin and provide them the
necessary protection”.
The expert noted that given the ethnic identity of the men, their
deportation is a flagrant denial of their right to protection and could
amount to refoulement.
However, despite appeals including United Nations Secretary General

Antonio Guterres not to send them back the Indian authorities deported
seven Rohingya men Muslims identified as Md Jamal, Mohbul Khan,
Jamal Hussain, Md Yonus, Sabir Ahmed, Rahim Uddin and Md Salam642
to Myanmar at the Indo-Myanmar border at Moreh in Manipur on 4
October 2018.
VII. UN experts expressed concerns over slapping of

terrorism charges on human rights defenders to mute
them
On 5 October 2018, 13 UN experts - Mr. Michel Forst, Special
Rapporteur on the situation of human rights defenders; Ms. Fionnuala
D. Ní Aoláin, Special Rapporteur on the promotion and protection of
human rights and fundamental freedoms while countering terrorism; Mr.
Fernand de Varennes, Special Rapporteur on minority issues; Mr. David
Kaye, Special Rapporteur on the promotion and protection of the right
641
. Harsh Mander: India’s deportation of seven Rohingya men to Myanmar is a profound
failure of public compassion, Scroll.in, 9 October 2018, available at https://scroll.in/article/
897478/indias-deportation-of-seven-rohingya-men-to-myanmar-is-a-profound-failure-of-
public-compassion
642
. 7 Rohingya refugees deported to Myanmar after Supreme Court refuses to intervene, The
Hindustan Times, 4 October 2018, available at https://www.hindustantimes.com/india-
news/7-rohingyas-deported-from-assam-after-supreme-court-refuses-to-intervene/story-
rf4FwSDi5TAxaCpN6GsCqN.html
(212)
to freedom of opinion and expression; Ms. Ivana Radacic (Chair), Ms.

Meskerem Geset Techane (Vice Chair), Ms. Elisabeth Broderick, Ms. Alda
Facio, Ms. Melissa Upreti, Working Group on the issue of discrimination
against women in law and in practice; Ms. E. Tendayi Achiume, Special
Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance; Mr. Seong-Phil Hong (Chair), Ms.
Leigh Toomy (Vice-Chair), Ms. Elina Steinerte (Vice-Chair), Mr. José
Guevara, Mr. Setondji Adjovi, Working group on arbitrary detention -
expressed concerns about terrorism charges laid against 10 human rights
defenders (HRDs) working with the dalits and tribals in India and urged
authorities to ensure their cases are promptly heard in line with
international law.643
The HRDs viz. Mr. Surendra Gadling, Mr. Rona Wilson, Ms. Shoma
Sen, Mr. Sudhir Dhawale, Mr. Mahesh Raut, Ms. Sudha Bharadwaj, Mr.
Vernon Gonsalves, Mr. Arun Ferreira, Mr. Varavara Rao, Mr. Gautam
Navlakha’s were arrested in connection with investigations into a public
meeting organised a da y before the 200th anniversary of the
commemoration of a battle at Bhima-Koregaon, an important cultural
event and a symbol of Dalit empowerment. Police subsequently claimed
that the human rights defenders had links with the Maoists, also known
as Naxalites.
In a joint statement issued to the press in Geneva, the UN human rights

experts said: “We are concerned that terrorism charges brought in connection
with the commemoration of Bhima-Koregaon are being used to silence human
rights defenders who promote and protect the rights of India’s Dalit, indigenous,
and tribal communities.”
Stressing that the Government of India ensures that due process, including
the right to a fair trial, is provided to all detained human rights defenders,
the experts urged the Government to refrain from engaging in the
criminalisation of human rights defenders in general, including through
the use of overly broad national security legislation.
The experts further stated: “We wish to remind the Indian Government of its
obligation to protect and promote the rights of all human rights defenders,
including women human rights defenders, as they peacefully carry out their
legitimate work”.
643
. India: Terrorism charges are pretext to silence human rights defenders, say UN experts,
OHCHR.ORG, 5 October 2018, available at https://www.ohchr.org/en/NewsEvents/Pages/
(213)
11. RATIFICATION OF THE UNCAT BY

INDIA : A DISGRACEFUL CASE OF NOT
IMPLEMENTING PROMISES
Hightlights
Timeline of disgraceful case of false promises to ratify the UNCAT:
14.10.1997: India signed UN Convention Against Torture and
other cruel, inhuman degrading treatment or punishment but fails to
ratify due to absence of a national law against torture
1999-2000: NHRC “reiterated, in the clearest terms, that the delay in
ratification should end and that the Government should complete the process
without further damage to the good faith of the country”.
3 May 2000: India promised the Lok Sabha to ratify the UNCAT.
2008: In January 2008, “after intensive discussions involving various
Ministries/ Department, the Government of India decided to have a
separate 'stand-alone legislation' to give effect to the provisions of the
UNCAT.
10 April 2008: India accepted the recommendations of the Universal
Periodic Review of the UNHRC to “expedite ratification of the
Convention against Torture”.
26.05.2010: Lok Sabha passed the Prevention of Torture Bill, 2010
but the Rajya Sabha referred to the Select Committee headed by
former Law Minister Dr Ashwini Kumar for its examination.
10.12.2010: The Rajya Sabha submitted the PTB, 2010 but no action
was taken.
September 2011: The Kolkata High Court issued notices to the
Ministry of Home Affairs and the CBI seeking details about the actions
taken to ratify the UNCAT necessary to extradite Kim Davy, an accused
of the Purulia arms dropping case. No action was taken.
24 May 2012: India for the second time accepted the same
recommendations of the UPR of the UN Human Rights Council to
“finalise the ratification of the Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment”.
18.05.2014: Prevention of Torture Bill, 2010 lapsed on the
dissolution of the 15th Lok Sabha.
(215)
2 February 2015: the Ministry of Home Affairs informed the

Parliamentary Committee on Assurances that there is no need for
seperat stand alone law and suggested to amend relevant Sections
e.g. Sections 330 and 331 of the IPC. The amendments were never
brought in public domain.
31.08.2015: India’s Foreign Secretary accepted before the

Parliamentary Committee on Government Assurances of the Sixteenth
Lok Sabha that “after 15 years, an Assurance for ratification of the UNCAT
is pending, it does not reflect well on the Government and on my Ministry”.
On 15 September 2016: Dr Ashwini Kumar filed a Civil Writ Petition

W.P.(C) NO.738/2016 before the Supreme Court seeking a national
law against torture and the ratification of the UNCAT.
4 May 2017: India for the third time accepted the same
recommendations of the UPR “ratify the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment,
as previously recommended”.
8 July 2017: Taking note of the Civil Writ Petition No.736/2016,

the Ministry of Law and Justice asked the Law Commission of India
to examine the ratification of the UNCAT and submit a report.
30th October 2017: Law Commission of India submitted “Report

No.273 Implementation of United Nations Convention against Torture
and other Cruel, Inhuman and Degrading Treatment or Punishment’
through Legislation” and recommended the Government of India to
ratify the UNCAT, adopt a stand-alone anti-torture law and further
presented the Prevention of Torture Bill, 2017 drafted by it.
27 November 2017: The Supreme Court disposed off Writ Petition

No.736/2016 in the light of the assurance by the Government of
India that the recommendation of the Law Commission of India “is
being seriously considered by the Government.”
28.02. 2018: The Governent instead of placing the PTB, 2017 drafted
by the Law Commission of India before the Parliament, circulated
the draft Bill to all States and UTs for their comments. It is pertinent
to mention that no comment from the States and UTs was sought
when the PTB, 2010 was placed before the Parliament.
12.12.2018: Minister of State for Law & Justice and Corporate Affairs
Shri P.P. Chaudhary states that comments of 4 States (Meghalaya,
(216)
Jharkhand, Sikkim and Himachal Pradesh) & 2 UT (Chandigarh and

Andaman and Nikobar) had been received wherein they agree with the
recommendations given by the Law Commission. The Government became
successful to delay it further.
22.01.2019: the Supreme Court while hearing a miscessleanous

application by Dr Kumar noted that eight States and UTs had
submitted comments on the bill drafted of the Law Commission of
India. The Supreme Court further directed the remaining 28 States
and UTs “to send their comments/inputs on the Prevention of Torture
Bill, 2017 on or before 11th February 2019.
India is yet to ratify the UNCAT.
India signed the UN Convention Against Torture and other cruel,

inhuman degrading treatment or punishment on 14 October 1997. But
it failed to ratify the UNCAT as on date as India has not enacted a national
law against torture. Article 4 of the UNCAT requires adoption of a
domestic law to criminalise all acts of torture, attempt to commit torture
and complicity or participation in torture. Article 5(1) of the UNCAT
further requires development of law “to establish its jurisdiction over the
offences referred to in article 4” when (a) the offences are committed in any
territory under its jurisdiction or on board a ship or aircraft registered in
that State; (b) the alleged offender is a national of that State; (c) the
victim is a national of that State if that State considers it appropriate.
Article 5(2) of the UNCAT requires development of universal jurisdiction
and prohibit extradition of offender of torture.
The failure to ratify the UNCAT and enact a nation law against torture
has been a disgraceful case of non-implementation of the recommendations
of the National Human Rights Commission, assurances given by the
Government of India to the Lok Sabha on 3 May 2000; three assurances
given to the UN Human Rights Council in 2008, 2012 and 2017; failure
to place two Prevention of Torture Bills respectively drafted by the
Parliamentary Select Committee of the Rajya Sabha in December 2010
and the Law Commission of India in October 2017 before the parliament,
and false assurance given to the Supreme Court of India during the hearing
of the Writ Petition (Civil) No. 738/2016 on 27 November 2017 to act
on the Bill drafted by the Law Commission of India.
(217)
The details are described below :

i. Not implementing the recommendations of the NHRC
The National Human Rights Commission in its 1999-2000 Annual
Report stated that it “was earlier informed by the Government of India
that the question of introducing a definition of torture in Indian legislation
was being examined in consultation with the concerned ministries and
departments”.644
The NHRC further stated that it z“is of the view that the protracted delay in
ratification does no credit to the country, and sends an ambiguous message
regarding the commitment of the Government to respect the provisions of this
Convention, when Article 21 of the Constitution already covers this area
effectively. The Right against Torture has been judicially recognised by the
Apex Court as a Fundamental Right, making that right and the corresponding
obligation on the State and its agencies a fundamental entrenched right. The
Commission, therefore, would like to reiterate, in the clearest terms, that the
delay in ratification should end and that the Government should complete the
process without further damage to the good faith of the country”.645
India has repeatedly ignored the recommendations of the NHRC in the
last 22 years.
ii. Government of India’s false promise to Lok Sabha since

3 May 2000
In reply to Unstarred Question No. 5739 dated 03 May 2000 raised by
Member of Parliament, Simranjit Singh Mann who himself had been a
victim of torture on the ratification of the UNCAT, the government of
India stated, “India signed the UN Convention Against Torture and other
cruel, inhuman degrading treatment or punishment on October 14, 1997.
India has, however, not yet ratified the Convention because the need to amend
our legislation to bring it in conformity with the provisions of the Convention is
under examination. As soon as this process is complete and the necessary
amendment of legislation, if found necessary, enacted, the Government will be
in a position to ratify the Convention”.
The same has not been complied as yet.
India’s Foreign Secretary explaining the problems faced in the fulfilment

of the Assurance told the Parliamentary Committee on Government
644
. Annual Report 1999-2000, National Human Rights Commission, available at http://
nhrc.nic.in/sites/default/files/Annual%20Report%201999-2000.pdf
645
. Ibid
(218)
Assurances (2015-2016) of the Sixteenth Lok Sabha, “I completely accept

the hon. Member's point that if after 15 years, an Assurance is pending, it does
not reflect well on the Government and on my Ministry. I readily admit that
point. I think, the solution is today for all of us to find ways of now moving on
this quickly”.646
Parliamentary Committee on Government Assurances (2015-2016) of
the Sixteenth Lok Sabha in its report stated that “The Committee are
perturbed to note that an important Assurance pertaining to 'Abolition of
Torture' has been pending for implementation for more than 15 years since
May, 2000. A major reason for the delay has been the reported refusal of the
nodal Ministry, the Ministry of Home Affairs to accept transfer of this Assurance
which is highly deplorable. ….The Committee feel that 15 years is too long a
period to be wasted when the country earnestly needed to honour the universal
human rights norms so as to enhance its prestige, image and status abroad as
an emerging world power. The committee, therefore, desire that responsibility
should be fixed on all the officials concerned especially in the nodal Ministry of
Home Affairs for not taking prompt action to implement the Assurance resulting
in a delay of more than 15 years. Since there is no place for organised torture in
the modern civilised world and the country needs to occupy an exalted position
in the changing world order by ratifying the UN Convention, the Committee
recommend that the matter be taken to its logical end by amending the relevant
status and assurance implemented”.647
iii. False promise to the UN Human Rights Council

During the first cycle of the Universal Periodic Review on 10 April 2008,
India was recommended to “expedite ratification of the Convention against
Torture”. In its reply, India stated, “the ratification of the Convention against
Torture is being processed by Government of India”648. No action was taken.
During the second cycle of the UPR on 24 May 2012, India was
recommended to “finalise the ratification of the Convention against Torture
and other Cruel, Inhuman or Degrading Treatment or Punishment”. The
646
. COMMITTEE ON GOVERNMENT ASSURANCES (2015-2016) SIXTEENTH LOK
SABHA, THIRTIETH REPORT, REVIEW OF PENDING ASSURANCES PERTAINING
TO THE MINISTRY OF EXTERNAL AFFAIRS Presented to Lok Sabha on 16 March,
2016 and available at http://164.100.47.193/lsscommittee/Government%20Assurances/
16_Government_Assurances_81.pdf
647
. Ibid
648
. UN Document No. A/HRC/8/26/Add.1 dated 25 August 2008 available at https://
d o c u m e n t s - d d s - n y. u n . o r g / d o c / U N D O C / G E N / G 0 8 / 1 6 1 / 5 8 / P D F /
G0816158.pdf?OpenElement
(219)
Government of India accepted the recommendation.649 However, no action

was taken.
During the third cycle of the UPR on 4 May 2017, India was once again
recommended to “ratify the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, as previously
recommended”. India once again accepted the recommendation but failed
to take action as on date.
Indeed, the number of countries urging India to ratify the UNCAT has
also been increasing by each session. During the first UPR on 10 April
2008 only seven countries i.e. United Kingdom, France, Mexico, Nigeria,
Italy, Switzerland and Sweden recommended India to ratify the
UNCAT.650 During the second UPR on 24 May 2012, 17 countries i.e.
Spain, Sweden, Switzerland, Timor-Leste, UK and Northern Ireland,
USA, Australia, Austria, Botswana, Brazil, Czech Republic, Indonesia,
Iraq, Italy, Maldives, Portugal and Republic of Korea recommended India
to finalise the ratification of the UNCAT.651 During the 3rd UPR on 17
May 2017, as many as 33 countries from all the regions made 22 individual
and joint recommendations to India during the third UPR to ratify the
UNCAT.
The recommendations made at the third UPR reproduced below to show

the growing concerns and frustration of the member States of the United
Nations with India’s failure to ratify the UNCAT:
161.5 Ratify the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment, as previously
recommended (Botswana);

Inhuman or Degrading Treatment or Punishment urgently and in
accordance with its commitments from the 2012 universal periodic
review (Norway);
649
. UN Document No. A/HRC/21/10/Add.1 dated 17 September 2012 available at https:/
/ d o c u m e n t s - d d s - n y. u n . o r g / d o c / U N D O C / G E N / G 1 2 / 1 6 7 / 5 7 / P D F /
650
. UN Human Rights Council Document No. A/HRC/8/26/Add.1 dated 25 August 2008
available at https://documents-dds-ny.un.org/doc/UNDOC/GEN/G08/161/58/PDF/
651
. UN Human Rights Council Document No. A/HRC/21/10/Add.1 dated 17 September
2012 available at https://documents-dds-ny.un.org/doc/UNDOC/GEN/G12/167/57/PDF/
(220)
161.7 Ratify, before the next universal periodic review cycle, the
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (Czechia);
161.8 Finalize the efforts to ratify the Convention against Torture

and Other Cruel, Inhuman or Degrading Treatment or Punishment,
as well as other international instruments, as recommended by
relevant treaty bodies (Bulgaria);

Inhuman or Degrading Treatment or Punishment (Greece)
(Guatemala) (Italy) (Lebanon) (Montenegro) (Mozambique)
(South Africa) (Sweden) (Turkey) (Ukraine) (United States of
America);
161.10 Ratify the Optional Protocol to the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination against Women, the
Optional Protocol to the International Covenant on Economic,
Social and Cultural Rights and the Optional Protocol to the
Convention on the Rights of the Child on a communications
procedure (Portugal);

Inhuman or Degrading Treatment or Punishment and ensure that
the instrument of ratification is consistent with the Convention
(Australia);
161.12 Swiftly ratify the Convention against Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment and its
Optional Protocol, ensure that domestic legislation defines torture
in line with international standards, and extend an invitation to
the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment for an official visit to the
country (Germany);
161.13 Proceed with early ratification of the Convention against

Punishment, as well as the International Convention for the
Protection of All Persons from Enforced Disappearance (Japan);
161.14 Ratify the Convention against Torture as soon as possible
and further, ratify the Minimum Age Convention, 1973 (No. 138)
and the Worst Forms of Child Labour Convention, 1999 (No.
(221)
182) of the International Labour Organization and the Optional

Protocols to Convention on the Elimination of All Forms of
Discrimination against Women and the International Covenant on
Civil and Political Rights and abolish the death penalty as
recommended by the Law Commission of India (Ireland);
161.15 Finalize the process of ratification of the Convention against

Punishment and the International Convention for the Protection
of All Persons from Enforced Disappearance (Kazakhstan);
161.16 Redouble its efforts to ratify the Convention against Torture

and Other Cruel, Inhuman or Degrading Treatment or Punishment
(Republic of Korea);
161.17 Speed up the process for the ratification of the Convention

against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (Israel);
161.18 Advance towards the ratification of the Convention against

Punishment (Chile);
161.19 Consider completing the process of ratification of the

Degrading Treatment or Punishment (Burkina Faso);
161.20 Complete the process of preparation for the ratification of

the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (Russian Federation);
161.21 Intensify efforts to ratify the Convention against Torture

(Denmark);
161.22 Strengthen national efforts towards the ratification of the

Degrading Treatment or Punishment (Indonesia);

Inhuman or Degrading Treatment or Punishment and its Optional
Protocol and swiftly move ahead with the Prevention of Torture
Bill (Estonia);
161.24 Enact the Prevention of Torture Bill currently pending in

the parliament in compliance with the Convention against Torture
(222)

(Turkey);
161.25 Adopt the draft law on the prevention of torture and other
forms of cruel, inhuman or degrading treatment or punishment by
complying with established international norms (Madagascar);
161.26 Adopt the draft law on the prevention of torture and ensure
that it complies with the provisions of the Convention against
Punishment (Senegal);
161.27 Consider ratifying the International Convention on the

Protection of the Rights of All Migrant Workers and Members of
Their Families (Uruguay)652
IV. The art of dilly-delaying to avoid standalone law on

torture:
The Ministry of External Affairs had stated that “after intensive discussions
involving various Ministries/ Department of Government of India, it
was decided in January, 2008 to have a separate 'stand-alone legislation'
to give effect to the provisions of the Convention. As noted in the
adjoining column, this 'stand-alone legislation' has since been introduced
in the Parliament."653
Therefore, the Government of India had decided to enact a stand-alone
anti-torture law.
On 26.04.2010, the government of India introduced the Prevention of

Torture Bill, 2010 in the Lok Sabha and it was passed by the Lok Sabha
on 06.05.2010. When the Bill was taken up for consideration in the
Rajya Sabha, it was referred to the Select Committee of Rajya Sabha
headed by former Law Minister Dr Ashwini Kumar for its examination.
The Committee examined the matter and recommended for enactment
of the legislation with certain addition and modifications in the Bill.654
The Bill was not introduced in the Rajya Sabha. The Bill lapsed on the
dissolution of the 15th Lok Sabha on 18.05.2014.
652
. UN Human Rights Council, Report of the Working Group on the Universal Periodic
Review* India Addendum Views on conclusions and/or recommendations, voluntary
commitments and replies presented by the State under review, A/HRC/36/10/Add.1, 6
September 2017
653
. Ibid
654
. Ibid
(223)
Contrary to the decision of the inter-ministerial decision of January 2008

stand-alone law, the Ministry of Home Affairs (MHA) vide their
communication dated February 02, 2015 informed the Parliamentary
Committee on Assurances that “most of the States were of the opinion that
adequate provision already exist in the Indian Penal Code (IPC) and CrPC
(Criminal Procedure Code) to deal with such issues and there is no need for a
separate enactment and they suggested suitable amendment of certain sections
in IPC or insertion of new sections to deal with the issue more effectively.” The
MHA therefore decided not to enact a standalone Bill on the subject of
Prevention of Torture and instead has proposed to bring suitable
amendments in the existing sections of the IPC/CrPC for strengthening
the provisions relating to the offence of torture by the public servants.655
The MHA submitted a Draft Cabinet Note, containing amongst other
things the proposal to amend relevant Sections e.g. Sections 330 and
331 of the IPC pertaining to torture to the Legislative Department,
Ministry of Law and Justice, for drawing up the draft Amendment Bill.
The Ministry of Law and Justice informed the Committee that it had
prepared a draft bill but it required some clarifications. The Law Ministry
further informed that the Bill would be ready after a meeting with the
officials of the Ministry of Home Affairs.656
No action was taken by the Law Ministry on this.
On 15 September 2016 Dr Ashwini Kumar filed a Civil Writ Petition657

before the Supreme Court seeking a national law against torture and the
ratification of the UNCAT. On 8th July 2017, taking note of the Civil
Writ Petition, the Ministry of Law and Justice asked the Law Commission
of India to examine the issue of the ratification of the UNCAT and submit
a report.658
On 30th October 2017, the Law Commission of India submitted “Report
No.273 Implementation of United Nations Convention against Torture and
other Cruel, Inhuman and Degrading Treatment or Punishment’ through
Legislation” and recommended the Government of India to ratify the
UNCAT and presented the Prevention of Torture Bill, 2017 drafted by
it.659
655
. Ibid
656
. Ibid
657
. W.P. (Civil) No. 738 of 2016
658
. http://lawcommissionofindia.nic.in/reports/Report273.pdf
659
. Ibid
(224)
During the hearing of the Writ Petition on 27 November 2018, Mr.

K.K. Venugopal, Attorney General for India submitted that the prayer
made in the writ petition was examined by the Law Commission of India
and that the report of the Law Commission “is being seriously considered
by the Government”. The Supreme Court disposed off the matter in the
light of the assurance by the Government of India.
The Bill as drafted by the Law Commission of India was not tabled in
the parliament and instead sent to the States and Union Territories for
their comments. While replying to Unstarred Question No.258 on
12.12.2018, the Minister of State for Law & Justice and Corporate Affairs
Shri P.P. Chaudhary on the action taken on the Law Commission’s 273rd
report, “As the Criminal Laws are in the concurrent list, this report of the Law
Commission along with the draft Bill was circulated to all the State Governments
/UTs on 28.02.2018. Till date comments of 4 States (Meghalaya, Jharkhand,
Sikkim and Himachal Pradesh) & 2 UT (Chandigarh and Andaman and
Nikobar) had been received wherein they agree with the recommendations given
by the Law Commission. Rest of the State Governments /UTs have again been
reminded on 27.11.2018 to furnish their views on the Law Commission’s report.
A decision in the matter can only be taken after the receipt of the comments/
view of all the State Governments”.
It is pertinent to mention that when the Prevention of Torture Bill, 2010
was tabled in the Lok Sabha, neither any such consultation were held to
seek the views of the State nor the opinions of the States/UTs were sought.
This is nothing but to not enact a stand alone law as decided by the
Ministry of Home Affairs.
Aggrieved by the inaction to enact the law, Dr Ashwini Kumar once
again moved an Miscellaneous Application to W.P.(C) NO.738/2016.
During the hearing on 22-01-2019, the Supreme Court noted that eight
States and UTs had submitted comments on the bill drafted of the Law
Commission of India. The Supreme Court directed the remaining 28
States and UTs “to send their comments/inputs on the Prevention of
Torture Bill, 2017 within three weeks i.e. on or before 11th February,
2019” and further that “the Chief Secretary/ies of the State(s)/Union
Territory(ies) to be personally present before the Court on 13th February,
2019 in the event there is any failure to comply with the directions
contained in the said order.”
The judgment of the Supreme Court is reserved.
It is pertinent to mention that the first PIL to ratify the UNCAT was
filed in September 2011 before the Kolkata High Court which issued
(225)
notices to the Ministry of Home Affairs and the CBI seeking details about
the actions taken by the Government of India to ensure Kim Davy’s
extradition. The PIL pleaded that if the U.N. Convention against Torture
had been ratified by the Government of India, it might have been possible
to ensure the extradition of Kim Davy.660 The petition was filed after
India’s request for extradition of Kim Davy, who is accused of dropping
unauthorised arms, including hundreds of AK-47 rifles, anti-tank grenades,
pistols, rocket launchers and thousands of rounds of ammunition, from
an aircraft in Purulia district of West Bengal on 17 December 1995 was
rejected. The Danish government had decided on 9 April 2010 to extradite
Kim Davy to India661 but the Danish High Court in July 2011 rejected
the extradition request on the ground that India is not a ratifying party
to the United Nations Convention Against Torture and that he could
face inhuman and degrading treatment in Indian prisons.662 The Danish
authorities had decided not to appeal the high court judgment in the
Supreme Court.663
660
. Kim Davy extradition: time sought to file affidavits, The Hindu, 15 September 2011,
http://www.thehindu.com/news/national/kim-davy-extradition-time-sought-to-file-affidavits/
article2453673.ece
661
. Danish court decision on Kim Davy can encourage terrorists: India, The Times of India,
8 July 2011, http://timesofindia.indiatimes.com/india/Danish-court-decision-on-Kim-Davy-
can-encourage-terrorists-India/articleshow/9151887.cms?referral=PM
662
. Bhaskar Balakrishnan, “Let’s mend fences with Denmark”, The BusinessLine, 17 June
2013, http://www.thehindubusinessline.com/opinion/columns/bhaskar-balakrishnan/lets-
mend-fences-with-denmark/article4823648.ece
663
. Danish court decision on Kim Davy can encourage terrorists: India, The Times of India,
8 July 2011, http://timesofindia.indiatimes.com/india/Danish-court-decision-on-Kim-Davy-
can-encourage-terrorists-India/articleshow/9151887.cms?referral=PM
(226)
12. ANNEUXRE-1: Compensation awarded by the

NHRC in torture and other cases in 2018
Compensation awarded by the NHRC in torture and other
cases in 2018
Amount
Amount
recommended
Sl No. NHRC Case No Natur of the complaints recommended State
in torture and
in other cases
related cases
Jan-18
Govt. of Andhra
1 1085/1/10/2013-JCD Custodial death (Judicial) 150000
Pradesh
Govt. of Andhra
Pradesh
Govt. of Andhra
Pradesh
Govt. of Arunachal
Pradesh
5 1902/4/9/2012-JCD Custodial death (Judicial) 300000 Govt. of Bihar
7 323/33/5/2012-JCD Custodial death (Judicial) 100000 Govt. of Chhattisgarh
10 3155/30/9/2015-JCD Custodial death (Judicial) 300000 Govt. of NCT of Delhi
13 80/34/4/2013-JCD Custodial death (Judicial) 100000 Govt. of Jharkhand

14 2661/13/23/2013-JCD Custodial death (Judicial) 100000 Govt. of Maharashtra
16 1004/20/14/2015-JCD Custodial death (Judicial) 100000 Govt. of Rajasthan
17 1232/1/13/2013-JCD Custodial death (Judicial) 300000 Govt. of Telangana
18 12091/24/43/2013-JCD Custodial death (Judicial) 300000 Govt. of Uttar Pradesh
29 730/25/22/2013-JCD Custodial death (Judicial) 300000 Govt. of West Bengal

Alleged custodial deaths in
30 3966/4/39/2013-AD 100000 Govt. of Bihar
judicial custody
(227)
31 239/34/3/2012-PCD Custodial death (Police) 300000 Govt. of Jharkhand

Govt. of Madhya
32 2504/12/14/2016-PCD Custodial death (Police) 200000
Pradesh
33 31/14/15/2012-ED Death in police encounter 500000 Govt. of Manipur
34 81/34/12/2013 Custodial torture 50000 Govt. of Jharkhand

Govt. of Madhya
35 1211/12/2/2014 Custodial torture 100000
Pradesh
Inaction by the State
36 4197/4/35/2013 Government/Central Govt. 40000 Govt. of Bihar
Officials
37 2024/18/13/2013 Government/Central Govt. 200000 Govt. of Odisha
Officials
Officials
39 28399/24/19/2013 Government/Central Govt. 100000 Govt. of Uttar Pradesh
Officials
40 27373/24/8/2013 False implications 400000 Govt. of Uttar Pradesh
Failure in taking lawful
41 2108/20/1/2015 10000 Govt. of Rajasthan
action
action
43 22045/24/51/2015 50000 Govt. of Uttar Pradesh
action
44 640/33/17/2013 Abuse of power 150000 Govt. of Chhattisgarh
45 2588/30/7/2013 Abuse of power 25000 Govt. of NCT of Delhi

Govt. of Madhya
46 1749/12/18/2013 Abuse of power 10000
Pradesh
47 35140/24/68/2013 Abuse of power 50000 Govt. of Uttar Pradesh
48 2168/18/32/2013 Sexual harassment 100000 Govt. of Odisha
Sexual harassement
49 746/20/1/2012-WC 200000 Govt. of Rajasthan
(General)
50 538/10/14/2013-WC Rape 200000 Govt. of Karnataka
Govt. of Madhya
51 2194/12/20/2013-WC Rape 400000
Pradesh
52 14280/24/32/2013-WC Rape 40000 Govt. of Uttar Pradesh
53 43290/24/56/2011-WC Gang rape 100000 Govt. of Uttar Pradesh

54 2144/20/16/2014-WC Rape of SC/ST/OBC 50000 Govt. of Rajasthan
Alleged custodial rape in
55 2337/4/18/2015-JCR 50000 Govt. of Bihar
judicial custody
56 224/18/7/2014-WC Indignity of women 25000 Govt. of Odisha
57 26578/24/44/2013-WC Exploitation of women 50000 Govt. of Uttar Pradesh
Irregularities in Govt.
58 1762/18/8/2014 Hospitals/Primary Health 300000 Govt. of Odisha
Centres
Irregularities in Govt.
59 3726/18/12/2013 Hospitals/Primary Health 100000 Govt. of Odisha
Centres
60 11463/24/22/2016 Atrocities on SC/ST/OBC 50000 Govt. of Uttar Pradesh
61 6699/24/77/2013 Unlawful detention 10000 Govt. of Uttar Pradesh

Malfunctioning of medical Govt. of Madhya
62 730/12/18/2012 50000
professionals Pradesh
Malfunctioning of medical
professionals
(228)
64 1012/6/9/2011 Public health hazards 2500000 Govt. of Gujarat

Non-payment of Govt. of Madhya
66 2808/12/21/2014 200000
pension/compensation Pradesh
Feb-18
Govt. of Andhra
Pradesh
Govt. of Andhra
Pradesh
71 879/11/13/2015-JCD Custodial death (Judicial) 300000 Govt. of Kerala
73 1080/19/3/2015-JCD Custodial death (Judicial) 100000 Govt. of Punjab
78 295/1/7/2014-PCD Custodial death (Police) 100000 Govt. of Telangana

79 20163/24/49/2010-ED Death in police encounter 500000 Govt. of Uttar Pradesh

81 4244/4/2005-2006 Alleged fake encounters 1500000 Govt. of Bihar
82 2634/30/9/2013 Custodial torture 100000 Govt. of NCT of Delhi
83 1528/20/14/2016 Custodial torture 25000 Govt. of Rajasthan
84 883/20/19/2015 Custodial torture 25000 Govt. of Rajasthan
85 22443/24/1/2013 Custodial torture 800000 Govt. of Uttar Pradesh
86 2004/30/5/2014 Government/Central Govt. 300000 Govt. of NCT of Delhi
Officials
Officials
Officials
Officials
90 1031/24/43/2014 False implications 50000 Govt. of Uttar Pradesh
91 5077/30/10/2015 25000 Govt. of NCT of Delhi
action
action
93 161/7/10/2016 575000 Govt. of Haryana
action
action
action
action
action
(229)

action
99 926/10/2/2014 Abuse of power 300000 Govt. of Karnataka
100 1773/20/18/2016 Abuse of power 25000 Govt. of Rajasthan
101 5/7/21/2015 Sexual harassment 25000 Govt. of Haryana
Sexual harassement
102 21592/24/77/2012-WC 25000 Govt. of Uttar Pradesh
(General)
103 2101/18/29/2015-WC Rape 100000 Govt. of Odisha
Abduction, rape and
murder
105 11802/24/20/2014 Attempted murder 300000 Govt. of Uttar Pradesh
106 530/34/12/2015 Exploitation of children 50000 Govt. of Jharkhand

Irregularities in
107 16053/24/47/2017 Govt.Hospitals/Primary 200000 Govt. of Uttar Pradesh
Health Centres
108 3595/30/9/2015 Irregularities in jail 100000 Govt. of NCT of Delhi
110 23089/24/77/2015 Disappearance 25000 Govt. of Uttar Pradesh

professionals
professionals
Mar-18

120 40/14/6/2016-AD 100000 Govt. of Manipur
judicial custody
121 383/30/3/2014 Abuse of power 100000 Govt. of NCT of Delhi
122 225/6/21/2017 Custodial torture 200000 Govt. of Gujarat
123 251/18/12/2015 70000 Govt. of Odisha
action
action
action
action
action
action
action
Govt. of Himachal
130 167/8/12/2016 False Implications 10000
Pradesh
131 293/25/15/2014 Unlawful detention 50000 Govt. of West Bengal
132 268/11/0/2012-AD 200000 Govt. of Kerala
police custody
(230)

133 2497/20/5/2011-AD 200000 Govt. of Rajasthan
police custody
134 7402/24/14/2013-AD 100000 Govt. of Uttar Pradesh
police custody
Abduction, rape and
135 5140/7/3/2014-WC 100000 Govt. of Haryana
murder
Dowry death or their
136 1302/4/32/2013-WC 100000 Govt. of Bihar
attempt

Sexual harassement
139 2288/20/5/2015-WC 25000 Govt. of Rajasthan
(General)
Sexual harassment at
140 2123/25/22/2015-WC 50000 Govt. of West Bengal
workplace (Govt. Offices)
141 5478/30/7/2016 Government/Central Govt. 100000 Govt. of NCT of Delhi
Officials
Officials
Officials
144 15534/18/29/2015 Atrocities on SC/ST/OBC 200000 Govt. of Odisha
145 36403/24/52/2013 Atrocities on SC/ST/OBC 50000 Govt. of Uttar Pradesh

Apr-18
146 4375/30/8/2015 Exploitation of children 100000 Govt. of NCT of Delhi
Govt. of Andaman &
147 15/26/0/2016 Sexual harassment 200000
Nicobar
149 1013/34/6/07-08 Public health hazards 11600000 Govt. of Jharkhand
150 1254/18/5/2010 300000 Govt. of Odisha
professionals
Irregularities in
151 3083/4/10/2016 Govt.Hospitals/Primary 900000 Govt. of Bihar
Health Centres
153 2384/6/1/08-09-JCD Custodial death (Judicial) 200000 Govt. of Gujarat
154 1164/7/2/2013-JCD Custodial death (Judicial) 300000 Govt. of Haryana
155 1032/10/22/2015-JCD Custodial death (Judicial) 100000 Govt. of Karnataka
157 411/20/23/2015-JCD Custodial death (Judicial) 300000 Govt. of Rajasthan
(231)
166 511/1/23/2013 Harassment of prisoners 500000 Govt. of Telangana

167 33219/24/72/2014 Harassment of prisoners 50000 Govt. of Uttar Pradesh
168 1209/25/15/2014 Hazardous employments 3200000 Govt. of West Bengal

Govt. of Madhya
Pradesh
174 37/15/2/2013-PCD Custodial death (Police) 200000 Govt. of Meghalaya
175 53/15/5/2014-PCD Custodial death (Police) 100000 Govt. of Meghalaya
177 5632/7/10/2012 50000 Govt. of Haryana
action
178 4689/4/24/2014 False implications 30000 Govt. of Bihar
Abduction, rape and
murder
Abduction, rape and
murder
182 1532/20/2/2016-WC Exploitation of women 100000 Govt. of Rajasthan
183 634/20/6/2015-WC Indignity of women 50000 Govt. of Rajasthan
184 41657/24/53/2013-WC Indignity of women 10000 Govt. of Uttar Pradesh

186 735/18/8/2015 Government/Central 200000 Govt. of Odisha
Govt.Officials
187 16512/24/47/2014 Government/Central 600000 Govt. of Uttar Pradesh
Govt.Officials
188 137/14/10/2012-AD Alleged custodial death 500000 Govt. of Manipur
189 11016/18/8/2015-PF Abuse of power 100000 Govt. of Odisha
190 306/20/1/2016 Atrocities on SC/ST/OBC 25000 Govt. of Rajasthan
191 630/18/26/2015-WC Rape of SC/ST/OBC 100000 Govt. of Odisha
May-18
194 161/6/1/2013-JCD Custodial death (Judicial) 300000 Govt. of Gujarat
195 7551/7/18/2013-JCD Custodial death (Judicial) 100000 Govt. of Haryana

Govt. of Madhya
Pradesh
198 23/17/1/2017-JCD Custodial death (Judicial) 100000 Govt. of Nagaland
(232)

204 1119/13/30/2011-AD 100000 Govt. of Maharashtra
judicial custody
205 18/15/2/2012-WC Abduction/rape 250000 Govt. of Meghalaya
206 309/13/16/2016 Abuse of power 100000 Govt. of Maharashtra
Govt. of Arunachal
Pradesh
210 1340/13/33/2011-PCD Custodial death (Police) 300000 Govt. of Maharashtra
211 12864/18/17/2015-PCD Custodial death (Police) 500000 Govt. of Odisha

212 135/22/6/2013-PCD Custodial death (Police) 25000 Govt. of Tamil Nadu
213 518/1/7/2012-PCD Custodial death (Police) 500000 Govt. of Telangana
214 577/6/21/2015 Custodial torture 25000 Govt. of Gujarat
215 416/3/6/2012-ED Death in police encounter 500000 Govt. of Assam
216 36836/24/52/2010-AFE Alleged fake encounters 500000 Govt. of Uttar Pradesh
217 887/10/2/2016 False implications 25000 Govt. of Karnataka

218 239/24/18/2015 Illegal arrest 10000 Govt. of Uttar Pradesh
219 1627/13/15/2012 Victimisation 300000 Govt. of Maharashtra

220 123/10/1/2016-WC Indignity of women 100000 Govt. of Karnataka
221 4004/7/20/2016-WC Rape 300000 Govt. of Haryana
Govt. of Madhya
222 1821/12/16/2016-WC Rape 300000
Pradesh
Officials
Officials
Officials
Officials
227 216/3/8/2011-AF Death in army encounter 1000000 Govt. of Assam
Govt. of Andhra
228 388/1/21/2012-WC Rape of SC/ST/OBC 100000
Pradesh
Jun-18
229 535/20/10/2013 300000 Rajasthan
professionals
Irregularities in
230 1902/12/46/2017 Govt.Hospitals/Primary 200000 Madhya Pradesh
Health Centres
231 3961/4/38/2014-JCD Custodial death (Judicial) 100000 Bihar
232 4910/30/9/2013-JCD Custodial death (Judicial) 50000 Delhi
233 467/6/25/2014-JCD Custodial death (Judicial) 200000 Gujarat
235 1134/10/28/2015-JCD Custodial death (Judicial) 600000 Karnataka
236 493/11/12/2011-JCD Custodial death (Judicial) 100000 Kerala
(233)
237 27/15/2/2015-JCD Custodial death (Judicial) 100000 Meghalaya
238 33/15/5/2014-JCD Custodial death (Judicial) 200000 Meghalaya
239 1591/19/9/2013-JCD Custodial death (Judicial) 100000 Punjab
241 50/20/1/2013-JCD Custodial death (Judicial) 300000 Rajasthan
242 10547/24/54/2016-JCD Custodial death (Judicial) 200000 Uttar Pradesh

255 3370/4/21/2014-AD 300000 Bihar
judicial custody
256 4942/18/21/2013-AD 100000 Odisha
judicial custody
257 7387/30/8/2015 Abuse of power 25000 Delhi
258 234/25/4/2015 Abuse of power 50000 West Bengal
259 30/2/9/2015-PCD Custodial death (Police) 100000 Arunachal Pradesh
260 108/8/5/2013-PCD Custodial death (Police) 200000 Himachal Pradesh
261 1168/34/23/2012-PCD Custodial death (Police) 200000 Jharkhand
262 1713/12/18/2014-PCD Custodial death (Police) 300000 Madhya Pradesh

263 30/14/6/2016-PCD Custodial death (Police) 500000 Manipur
264 958/22/11/2014-PCD Custodial death (Police) 200000 Tamil Nadu
265 39236/24/28/2015-PCD Custodial death (Police) 500000 Uttar Pradesh
266 1357/25/17/2014-PCD Custodial death (Police) 500000 West Bengal
267 315/1/3/2013-PCR Custodial rape (Police) 100000 Andhra Pradesh

268 1471/34/8/2014-ED Death in police encounter 1500000 Jharkhand
269 1/15/0/2013-ED Death in police encounter 1000000 Meghalaya

270 3729/7/21/2012-AFE Alleged fake encounters 500000 Haryana
271 2/14/4/09-10-AFE Alleged fake encounters 1000000 Manipur
272 33626/24/52/2013 50000 Uttar Pradesh
action
273 5135/24/30/2015 False implications 25000 Uttar Pradesh
274 476/13/16/2012 Illegal arrest 10000 Maharashtra
275 2058/18/2/2013 Unlawful detention 600000 Odisha
(234)

276 12031/24/60/2016-AD 400000 Uttar Pradesh
police custody
Non-payment of
277 15966/24/48/2016 25000 Uttar Pradesh
pension/compensation
Non-payment of
278 37607/24/72/2013 200000 Uttar Pradesh
Abduction, rape and
279 1025/7/10/2017-WC 300000 Haryana
murder
Abduction, rape and
280 11220/24/8/2014-WC 50000 Uttar Pradesh
murder
281 7060/18/4/2016-WC Dowry demand 300000 Odisha
282 969/4/18/2017-WC Rape 50000 Bihar
283 42387/24/9/2015-WC Rape 25000 Uttar Pradesh
284 11486/18/5/2015 Government/Central 75000 Odisha
Govt.Officials
Govt.Officials
Govt.Officials
287 35446/24/19/2013 Government/Central 40000 Uttar Pradesh
Govt.Officials
288 424/19/22/2015 Abuse of power 100000 Punjab
Jul-18
289 2609/18/18/2016 Children 50000 Odisha
290 7/33/6/2018 Sexual harassment 200000 Chhattisgarh
291 208/36/2/2017 Sexual harassment 200000 Telangana
292 408/34/4/2015 200000 Jharkhand
professionals
293 9602/24/77/2014 50000 Uttar Pradesh
professionals
294 1655/1/3/2014-JCD Custodial death (Judicial) 300000 Andhra Pradesh
298 929/34/16/2015-JCD Custodial death (Judicial) 300000 Jharkhand
299 1094/12/21/2012-JCD Custodial death (Judicial) 200000 Madhya Pradesh
301 2116/13/10/2013-JCD Custodial death (Judicial) 100000 Maharashtra

308 3193/4/23/2015-JCR Custodial rape (Judicial) 300000 Bihar
309 5550/24/72/2017 Lack of medical facilities 100000 Uttar Pradesh
310 10843/24/3/2012 Forced labour 25000 Uttar Pradesh
(235)
311 1005/1/5/2013-PCD Custodial death (Police) 100000 Andhra Pradesh

312 2206/30/9/2015 25000 Delhi
action
313 2504/30/2/2014 25000 Delhi
action
314 2407/20/23/2014 10000 Rajasthan
action
315 46/20/14/2016 25000 Rajasthan
action
316 40415/24/9/2015 100000 Uttar Pradesh
action
317 1648/25/15/2015 50000 West Bengal
action
318 264/20/14/2015 Unlawful detention 25000 Rajasthan
319 31551/24/62/2017-AR 200000 Uttar Pradesh
police custody
Non-payment of
320 16/2/6/2018 50000 Arunachal Pradesh
Abduction, rape and
321 45740/24/46/2014-WC 25000 Uttar Pradesh
murder
Dowry death or thier
322 26199/24/46/2016-WC 50000 Uttar Pradesh
attempt
323 45806/24/6/2013-WC Indignity of women 25000 Uttar Pradesh
324 9389/7/4/2014 Government/ Central 89200000 Haryana
Govt.Officials
325 885/22/13/2015 Government/Central 100000 Tamil Nadu
Govt.Officials
Atrocities by
Custom/Excise/Enforcemen
326 1929/25/8/2015 t/Forest/Income-Tax 200000 West Bengal
Deptt., Etc.Of Central/State
Govts
327 10920/24/72/2015 Atrocities on SC/ST/OBC 25000 Uttar Pradesh
Aug-18
328 17133/24/4/2015 Sexual harassment 50000 Uttar Pradesh
329 1471/34/1/2015-DH Death in judicial custody 200000 Jharkhand
330 1252/12/4/2016 100000 Madhya Pradesh
professionals
331 13131/24/1/2017 200000 Uttar Pradesh
professionals
Irregularities in
332 5708/18/29/2016 Govt.Hospitals/Primary 25000 Odisha
Health Centres
Irregularities in
333 31449/24/6/2017 Govt.Hospitals/Primary 200000 Uttar Pradesh
Health Centres
341 14/16/1/2016-JCD Custodial death (Judicial) 200000 Mizoram
(236)
345 202/1/14/2014-JCD Custodial death (Judicial) 100000 Telangana
349 10813/24/57/2015 Nuisiance by local ruffians 25000 Uttar Pradesh
350 8838/24/30/2013-BL Bonded labour 80000 Uttar Pradesh

351 1295/22/5/2014 Exploitation of labour 300000 Tamil Nadu
352 1053/1/4/2015 Abuse of power 25000 Andhra Pradesh
353 1510/6/9/2014-PCD Custodial death (Police) 100000 Gujarat
354 18226/24/42/2016 Custodial torture 100000 Uttar Pradesh
355 3143/4/23/2012 300000 Bihar
action
356 26659/24/7/2014 100000 Uttar Pradesh
action
357 33316/24/41/2014 100000 Uttar Pradesh
action
358 657/35/6/2017 25000 Uttarakhand
action
359 1748/20/11/2015 Illegal arrest 50000 Rajasthan
360 35679/24/57/2015 Illegal arrest 10000 Uttar Pradesh
362 811/34/6/2015 Unlawful detention 50000 Jharkhand
363 990/20/2/2016 Unlawful detention 20000 Rajasthan
364 29348/24/22/2015 Unlawful detention 100000 Uttar Pradesh
Non-payment of
367 5496/30/3/2016 10000 Delhi
Abduction, rape and
368 2471/12/56/2015-WC 25000 Madhya Pradesh
murder
369 500/20/4/2016-WC Dowry demand 25000 Rajasthan
370 386/25/5/2012-WC Gang rape 50000 West Bengal
371 1745/20/3/2015-WC Rape 25000 Rajasthan
Sexual harassement
373 2163/13/16/2014-WC 100000 Maharashtra
(General)
374 6117/7/5/2015 Miscellenous 50000 Haryana
375 22490/24/27/2015 Disappearance 25000 Uttar Pradesh
376 2540/30/7/2016 Government/Central 300000 Delhi
Govt.Officials
Govt.Officials
Govt.Officials
379 1558/20/30/2016 Government/Central 100000 Rajasthan
Govt.Officials
Govt.Officials
Govt.Officials
(237)
382 292/25/14/2015-PF Abuse of power 300000 West Bengal

383 2814/20/8/2015 Atrocities on SC/ST/OBC 25000 Rajasthan
Sep-18
384 112/25/18/2016 Sexual harassment 300000 West Bengal
385 25862/24/9/2014 300000 Uttar Pradesh
professionals
Irregularities in
386 1647/18/26/2016 Govt.Hospitals/Primary 200000 Odisha
Health Centres
387 284/3/24/2012-JCD Custodial death (Judicial) 200000 Assam
390 180/33/5/2015-JCD Custodial death (Judicial) 200000 Chhattisgarh
391 2616/7/1/2017-JCD Custodial death (Judicial) 200000 Haryana

397 331/34/16/2017 Abuse of power 200000 Jharkhand
398 2359/20/19/2016 Abuse of power 25000 Rajasthan
400 11248/24/14/2013 Abuse of power 50000 Uttar Pradesh
401 784/34/15/2014-PCD Custodial death (Police) 300000 Jharkhand
402 2868/20/22/2015-PCD Custodial death (Police) 500000 Rajasthan
403 512/22/35/2013-PCD Custodial death (Police) 100000 Tamil Nadu
404 18908/24/30/2016-PCD Custodial death (Police) 200000 Uttar Pradesh
405 1625/25/13/2012-PCD Custodial death (Police) 100000 West Bengal
406 2258/12/29/2010-ED Death in police encounter 2000000 Madhya Pradesh
407 106/14/15/2012-ED Death in police encounter 1000000 Manipur
408 9/15/5/2015-ED Death in police encounter 500000 Meghalaya

409 2482/30/4/2016 25000 Delhi
action
410 12542/7/16/2015 10000 Haryana
action
411 1447/20/1/2013 25000 Rajasthan
action
412 22326/24/14/2013 50000 Uttar Pradesh
action
413 23233/24/52/2015 50000 Uttar Pradesh
action
414 48728/24/1/2015 10000 Uttar Pradesh
action
416 584/30/6/2018 Police motivated incidents 200000 Delhi
417 704/34/18/2016 Victimisation 10000 Jharkhand

Non-payment of
418 30273/24/37/2015 50000 Uttar Pradesh
(238)
Abduction, rape and

419 23538/24/16/2015-WC 25000 Uttar Pradesh
murder
420 35303/24/34/2013-WC 25000 Uttar Pradesh
attempt
421 5334/24/31/2012-WC 25000 Uttar Pradesh
attempt
422 2916/35/12/2015-WC 200000 Uttarakhand
attempt
423 225/3/8/2015-WC Gang rape 200000 Assam
425 169/30/9/2018-WC Rape 200000 Delhi

426 843/10/1/2017 Government/Central 500000 Karnataka
Govt.Officials
427 889/10/10/2014 Government/Central 450000 Karnataka
Govt.Officials
Govt.Officials
Govt.Officials
Govt.Officials
Govt.Officials
432 1825/22/6/2016 Government/Central 100000 Tamil Nadu
Govt.Officials
433 34/23/5/2017 Government/Central 200000 Tripura
Govt.Officials
Govt.Officials
Govt.Officials
436 1784/20/12/2014 Atrocities on SC/ST/OBC 25000 Rajasthan
437 112/25/18/2016 Sexual harassment 300000 West Bengal
Oct-18
438 830/34/12/2016 100000 Jharkhand
professionals
439 26214/24/9/2014 100000 Uttar Pradesh
professionals
Irregularities In Govt.
440 279/12/15/2017 Hospitals/Primary Health 200000 Madhya Pradesh
Centres
Lack of proper medical
441 1126/6/1/2017 900000 Gujarat
facilities in the State
442 20452/24/42/2014 Custodial death (Judicial) 200000 Uttar Pradesh
443 4/2/15/2014-JCD Custodial death (Judicial) 200000 Arunachal Pradesh
(239)
451 838/1/14/2014-JCD Custodial death (Judicial) 100000 Telangana

460 4770/7/15/2016 Abuse of power 50000 Haryana
462 255/4/39/2012-PCD Custodial death (Police) 50000 Bihar
463 2/16/7/2017-PCD Custodial death (Police) 100000 Mizoram
464 43825/24/40/2016 50000 Uttar Pradesh
action
466 7/16/3/2016 Victimisation 75000 Mizoram
467 24745/24/5/2013-AD 100000 Uttar Pradesh
police custody
Abduction, rape and
468 43800/24/52/2012-WC 50000 Uttar Pradesh
murder
Abduction, rape and
469 650/24/43/2016-WC 50000 Uttar Pradesh
murder
470 27/32/0/2012-WC Indignity of women 100000 Puducherry
472 2104/18/32/2015-WC Rape 50000 Odisha
Inaction by the
473 3048/30/6/2017 300000 Delhi
State/Central Govt. Officials
Inaction by the
474 2756/12/38/2014 300000 Madhya Pradesh
Inaction by the
475 1191/18/17/2017 600000 Odisha
Inaction by the
476 2385/18/28/2017 400000 Odisha
Inaction by the
477 3251/18/6/2014 200000 Odisha
Inaction by the
478 4601/18/2/2016 100000 Odisha
Inaction by the
479 7449/18/26/2016 200000 Odisha
Inaction by the
480 14080/24/48/2010 200000 Uttar Pradesh
481 1628/25/13/2016-PF Abuse of power 50000 West Bengal
(240)
483 1006/25/6/2016 Atrocities on SC/ST/OBC 50000 West Bengal

484 1190/20/9/2014 Victimisation 50000 Rajasthan
Nov-18
485 1669/12/7/2017 Sexual harassment 200000 Madhya Pradesh
486 2072/24/34/2014 Health 100000 Uttar Pradesh
487 31/2/0/2018 50000 Arunachal Pradesh
professionals
488 4075/18/5/2017 50000 Odisha
professionals
489 47117/24/47/2015 25000 Uttar Pradesh
professionals
Irregularities in
490 266/7/5/2018 Govt.Hospitals/Primary 25000 Haryana
Health Centres
Irregularities in
491 22469/24/34/2016 Govt.Hospitals/Primary 300000 Uttar Pradesh
Health Centres
513 1476/25/5/2013-JCD Custodial death (Judicial) 200000 West Bengal

514 24424/24/26/2016-AD 200000 Uttar Pradesh
judicial custody
516 1383/34/16/2016 Abuse of power 100000 Jharkhand
517 1172/12/18/2017 Abuse of power 75000 Madhya Pradesh
(241)

522 4326/18/28/2014 Custodial torture 200000 Odisha
523 6839/30/5/2015 50000 Delhi
action
524 2419/7/3/2017 100000 Haryana
action
525 729/19/22/2015 300000 Punjab
action
526 1742/20/16/2015 25000 Rajasthan
action
527 30196/24/30/2015 100000 Uttar Pradesh
action
528 32935/24/16/2016 50000 Uttar Pradesh
action
534 618/7/20/2012 Victimisation 200000 Haryana
535 1397/35/6/2014-AD 200000 Uttarakhand
police custody
Non-payment of
536 1703/25/4/2015 10000 West Bengal
Abduction, rape and
537 1240/13/19/2015-WC 300000 Maharashtra
murder
Abduction, rape and
538 29289/24/75/2015-WC 25000 Uttar Pradesh
murder
539 10395/24/41/2017-WC 100000 Uttar Pradesh
attempt
540 16334/24/57/2015-WC 100000 Uttar Pradesh
attempt
541 18516/24/66/2013-WC 200000 Uttar Pradesh
attempt
542 31633/24/42/2014-WC Gang rape 100000 Uttar Pradesh
543 34070/24/4/2013-WC Gang rape 100000 Uttar Pradesh
544 5921/30/10/2013-WC Indignity of women 100000 Delhi
545 891/33/8/2013-WC Rape 100000 Chhattisgarh
546 3282/18/29/2015-WC Rape 400000 Odisha
Inaction by the
549 6929/30/5/2013 525000 Delhi
Inaction by the
550 1344/18/10/2015 300000 Odisha
Inaction by the
551 15826/18/7/2015 100000 Odisha
Inaction by the
552 2676/18/18/2017 300000 Odisha
Inaction by the
553 3008/18/24/2017 600000 Odisha
Inaction by the
554 4084/18/9/2017 200000 Odisha
(242)
Inaction by the
555 19254/24/31/2014 200000 Uttar Pradesh
Inaction by the
556 30460/24/3/2016 900000 Uttar Pradesh
Inaction by the
557 35109/24/52/2016 200000 Uttar Pradesh
558 48355/24/45/2015-DH Custodial death 300000 Uttar Pradesh
559 2981/7/6/2013 Atrocities on SC/ST/OBC 100000 Haryana
Dec-18
563 5467/30/5/2017 Children 50000 Delhi
564 4822/18/0/2014-CL Child Labour 10000 Odisha
565 2540/7/17/2013 600000 Haryana
professionals
Irregularities in
566 45/1/15/2018 Govt.Hospitals/Primary 300000 Andhra Pradesh
Health Centres
570 156/2/4/2014-JCD Custodial death (Judicial) 200000 Arunachal Pradesh
584 932/13/19/2017-WC Rape outside police station 300000 Maharashtra

585 66/32/0/2016 Abuse of power 20000 Puducherry
586 409/36/0/2017 Abuse of power 400000 Telangana
(243)
589 124/8/9/2017-PCD Custodial death (Police) 500000 Himachal Pradesh

590 1689/35/12/2015-PCD Custodial death (Police) 500000 Uttarakhand
591 8/3/1/2012-ED Death in police encounter 500000 Assam

592 587/36/2/2015 300000 Telangana
action
593 27215/24/8/2015 50000 Himachal Pradesh
action
action
action
action
597 1019/12/35/2013 False implications 500000 Madhya Pradesh
601 514/33/12/2016-Ar 200000 Chhattisgarh
police custody
Abduction, rape and
602 35620/24/12/2016-WC 500000 Uttar Pradesh
murder
603 25410/24/33/2016-WC 300000 Uttar Pradesh
attempt
604 5889/30/0/2013-WC Indignity of women 100000 Delhi
Sexual harassment at
605 42293/24/37/2016-WC 50000 Uttar Pradesh
workplace (Govt.Offices)
606 4649/18/18/2017 Miscellenous 200000 Odisha
Inaction by the
607 1495/1/5/2014 1800000 Andhra Pradesh
Inaction by the
608 5168/30/5/2015 300000 Delhi
Inaction by the
609 6595/30/7/2011 300000 Delhi
Inaction by the
610 3746/18/32/2013 10000 Odisha
Inaction by the
611 4345/18/2/2013 500000 Odisha
Inaction by the
612 4600/18/19/2016 300000 Odisha
Inaction by the
613 4761/18/31/2014 200000 Odisha
Inaction by the
614 7609/18/27/2016 160000 Odisha
Inaction by the
615 37408/24/12/2014 50000 Uttar Pradesh
Atrocities by
Custom/Excise/Enforcemen
616 15666/24/65/2014 t/Forest/Income-Tax 200000 Uttar Pradesh
Deptt., Etc. of Central/State
Govts.
617 7941/24/52/2017 Irregularities 100000 Uttar Pradesh
85295000 160095000
Grand total 245390000
(244)
13. ANNEUXRE-2: RTI replies from the NHRC

on custodial deaths in 2018
(245)
(246)

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India:

© Asian Centre for Human Rights, 2018.

No part of this publication can be reproduced or transmitted in any form or by

Suggested contribution Rs. 995/-

Acknowledgement: This report is being published as a

1. EXECUTIVE SUMMARY ..................................................................................................... 9

C. Cases of degrading and humiliating treatment.......................................................... 147

ACHR- Asian Centre for Human Rights

IG- Inspector General

SC- Supreme Court

Dalits and indigenous peoples remain extremely vulnerable to torture

Custodial torture of women including rape is reported regularly in India

In large majority of custodial deaths the prison officials contended that

While internal armed conflicts have substantially reduced in the North

Impunity and absence of national anti-torture law perpetuates torture

Government officials or members of the armed forces continued to enjoy

As India refuses to criminalise torture, the increasing incidents of torture

2. TORTURE IN POLICE CUSTODY

Number of deaths in police custody during 2018: 147 persons

Key patterns of deaths in police custody:

I. PATTERNS AND PRACTICES OF TORTURE

An analysis of the cases of custodial deaths establishes the following

During 2018, at least 27 persons after developing sudden medical

5. Sadiq Pasha, aged 40 years, who allegedly fell unconscious at the

6. Sewa Singh, aged 32 years, whose health allegedly deteriorated

9. Devtadeen, aged 40 years, a Dalit who died allegedly after falling

12. Kumaraselvam, aged 50 years, who allegedly suffered chest pain at

questioning at the Swargate Police Station in Pune, Maharashtra

24. Rajesh, aged 29 years, who allegedly suffered brain haemorrhage

the Post Graduate Institute of Medical Sciences, Rohtak, Haryana,

Second, suicides in police custody were often claimed by the police as

of torture was seen or established in post mortem reports. Most victims

During 2018, at least 19 persons committed suicide in Police Stations,

who allegedly hanged himself inside a bathroom of the Mandya West

under Muktsar district of Punjab on 31 October 2018;65 (18) Rajesh

years, who died in police custody at Vadgam in Banaskantha district of

However, a number of victims died in custody as a result of torture after

On 3 January 2018, Harnek Singh, aged 70 years, a resident of Belumajra

On 22 February 2018, Shivprasad Patel, aged 45 years, an auto rickshaw

Patel was picked up by two constables after he refused to pay a weekly

On 6 May 2018, Sunil Kushwaha, aged 28 years, a scrap dealer, died

On 20 July 2018, Javed Malik, aged 38 years, a resident of Bharat village

August and allegedly tortured to own up the crime.131 On 7 August, five

On 11 September 2018, Gorle Pydi Raju, a resident of Nellimarla of

On 15 October 2018, Surubha Jhala, aged 35 years, who was working

Yallappa Bhadravate, alleged that Ajit Pujari was tortured in police

lodged by villager Urmila Nayak on 14 November 2018.156 The deceased’s

ii. Special focus: alleged suicide in police custody

the Police Station building.169 The deceased was arrested on 20 February

Station at around 3 pm on 17 June after his wife lodged a torture

Station were suspended in connection with the death. Narshingpur SP

B. Torture not resulting to deaths

ii. Torture resulting from inability to pay bribe

iii. Other cases of torture not resulting in death

On 20 May 2018, Rabindra Swain, a resident of Majurai village in

On 29 July 2018, Mohammad Billar Ali, a resident of Romdum in Mebo

On 6 August 2018, third Additional Chief Metropolitan Magistrate

where he was allegedly beaten up by at least six police personnel with

On 14 December 2018, a video showing a police constable beating a

II. CUSTODIAL TORTURE OF DALITS AND TRIBALS

On 8 February 2018, Abinash Munda, a tribal youth, was allegedly

On 15 February 2018, Devtadeen, a Dalit aged 40 years, died under

On 24 April 2018, Pradeep Raut, aged 48 years, died due to alleged