World Sikh News, in its efforts to apprise it’s ‘view of the area has obtained the 1992.U.S. Department of State report on Human Rights practices in India. We will be publishing the excerpts from the report in serialized form for our readers. This is the Second installment. I. owe PAT IOG
- Disappearance
Disappearances are believed to occur on a wide scale, but individual reports are hard to verify. There are credible reports that police throughout the country, and especially in troubled areas, often fail to file the required arrest reports, with the result that there are hundreds, if not thousands, of cases of unsolved disappearances in which relatives claim an individual was taken into police custody and never heard of again, Police usually deny these claims, countering that there are no records of arrest. (See Section 2 for discussion of the case of disappeared journalist Ram Singh Billing).
For several years Kashmiri separatists have used kidnaping of prominent Indians to force the Government to release militants in detention, these kidnaping dropped off in midyear, however, reflecting an apparent change in the militant groups’ tactics. Militants in Assam kidnaped hundreds of civilians, and reportedly killed over 50. In Andhra Pradesh, Naxalites also kidnaped local officials, trading the victims for persons being held by the police.
Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment although torture and cruel treatment or punishment is prohibited by law, there is credible evidence that torture of detainees is common throughout India. Sometimes this abuse is part of interrogation procedures, sometimes it is to extort money from the victim or his relatives, and sometimes it is summary punishment doled out by individual police officials.
Confessions or information extracted by force may not be admitted in court. However, under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA), a confession made to an officer above the rank of superintendent of police is admissible as evidence, provided the police have “reason to believe that it is being made voluntarily,” Press accounts and reports by human rights groups indicate that police brutality in extracting confessions under this law is common. Scheduled castes (Harijans, or untouchables) and tribes remain particularly vulnerable to police violence; there were persistent reports that police, usually drawn from the upper castes, deliberately targeted members of these backward castes for beatings and rape. In a highly publicized case in Haryana, a policeman was charged with dereliction of duty after reportedly castrating a lower caste detainee. Numerous Indian human rights groups have detailed cases of torture during interrogation by police and paramilitary forces in Kashmir, Punjab, and Assam, including beatings, burning with Cigarettes, and suspension by the feet, crushing of limbs with heavy rollers, and electric shocks.
In theory, citizens may lodge a complaint for assault, wrongful confinement, and death in custody, but in many cases this requires authorization of the state government or other local authority. In the case of a death in police custody, magistrates are required under the Criminal Procedure Code to hold inquiries. However, such inquiries may be carried out by an executive, not a judicial magistrate. Moreover, such inquiries are often not carried out and, when an investigation does occur, the results are generally not made public beyond a statement in some cases that departmental action was initiated against the concerned police officials. Human rights groups say most custodial abuses are directed at the poor and uneducated backward castes, which are unlikely to understand their right to redress.
The army, paramilitary, and Police forces in Assam arrested over a hundred suspected ULFA militants and sympathizers during the first several months of 1992, and were accused by opposition parties and student and civil liberties groups of torturing many of the detainees, The army denied specific charges but maintained that in cases in which personnel had been found guilty of wrongdoing, they were punished, In July a senior inquiry committee appointed by the Assam government found an army officer responsible for “inhuman torture, cruelty, and consequent death” of a person held in army custody in April. A government doctor and a sub inspector of police were found guilty of giving a false death certificate in this case. The report also recommended court-martial of one junior commissioned officer accused of raping a girl during an army operation on April 12, Army officials did not disclose if punishments were meted out in these cases.
The Government says many members of the police have been disciplined for abuse of detainees, though punishment is usually mild (suspension or transfer) and only occurs in a small percentage of abuse cases. A government review of seven custody deaths reported in Delhi during 1991, for instance, indicates that in two cases officials were placed under suspension and charges were filed, in two cases officials were suspended without charges being filed, in two Cases investigations were continued, and in one case the magisterial inquest determined that no foul play was involved, In none of these cases has a conviction resulted. As of December, the Government had reviewed 280 of more than 4U— cases documented in — EE ——_—Amnesty International’s(Al) 1992 report on “torture, rape, and deaths in custody,” The Government claimed that 153 of the 230 were insufficiently documented to allow any official follow up or were not substantiated after inquiry. In many of these 153 casts, the Government’s investigation determined that death was due to natural causes, suicide, or cross fire. In 14 cases, the government reported that the officials implicated were under investigation. Forty-two of the Al cases reportedly remained before the court, while 15 have been formally acquitted. In some instances compensation was paid to victim’s families before any judgment, and in others departmental action was taken even if guilt was not established. In only 6 out of 230 cases that AI documented did the Government report that trials had occurred leading to the prosecution of the officials involved.
Press reports about prison conditions include charges of sexual abuse of prisoners, the use of prisoners by prison officials for domestic labor, the sale of food and milk meant for prisoners on the black market, and the sale of women prisoners to brothels. Women constitute 2 to 6 percent of the total prison population, according to the 1987 Justice Krishna lyre report, which also noted that cells are seldom segregated. It was only after a female inmate had been raped in custody that she could be transferred to a cell staffed by women, the report continued.
At least 20,000 children and youngsters under 18 years old reported to be in jail, comprising nearly one eighth of the prison population. Although Parliament passed the Children Law in 1960 to safeguard young prisoners against abuse and exploitation, most states have not followed suit with their own laws to implement it, The Supreme Court has criticized the states for not providing separate facilities for children in jails and for not constructing reformatory institutions. It is estimated that at least 10,000 people with mental disorders who have committed no crimes are held in prisons throughout India.
There are three classes of Indian prison facilities. Class “C” cells are the worst. They often have dirt floors, no furnishings, and poor quality food. They are overcrowded, and the use of handcuffs and fetters is common. Prisoners in these cells reportedly suffer the most abuse. Prisoners are designated class “C,” not based on the nature or severity of the crimes involved, but on their standing in society. Those who cannot prove they are either college graduates or income taxpayers when they come before the magistrate are class “C.”
Class “B” cells are for college graduates and taxpayers, again regardless of the crimes involved. Crowding is less of a problem in “B” cells, and the food and treatment of prisoners are reportedly better than in class “C.” Class “A” cells are for “prominent persons,” as designated by the Government. Such prisoners are accorded private rooms, visits, and adequate food, which can be supplemented by their families, In fact, very few prisons actually maintain class“ A” cells; class “A” prisoners are usually held in government guest houses.
The Minister for Jails in the state of Madhya Pradesh revealed in August that 50 convicts and 125 detainees under trial had died health problems in various state jails between July 1991 and June 1992. He also acknowledged that the number of prisoners in these ~ails far exceeds their capacities.
To be continued
Article extracted from this publication >> March 12, 1993
