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Alarming rise in custodial deaths

As many as 63 people have died either in judicial or police custody in West Bengal during 1996-97, the West Bengal Human Rights Commission said in its latest annual report.

WBHRC chairperson Justice Chittatosh Mukherjee expressed serious concern at the situation and said custodial deaths had nearly doubled. In 1995-96 only 36 people had died in custody, but the latest figures show that 47 deaths occurred in judicial custody, while 16 died in the lockup.

"During the first seven months of the current year, as many as 41 people died in custody," Justice Mukherjee said.

He said the south 24 Parganas district accounted for the highest number of custodial deaths (16) last year. It was followed by Murshidabad (8), Nadia (7), north 24 Parganas and Burdwan (6 each), Hooghly (5), Midnapore (4), Malda (3), Howrah and Darjeeling (2 each), and Birbhum, Bankura, Purulia and Calcutta (1 each).

The majority of the complaints were against the police, doctors and other medical staff. These ranged from torture to gross negligence of duty causing immense misery to the victims. Several cases of nonpayment of dues even after retirement have also attracted the Commission's attention.

Justice Mukherjee, however, made it clear that despite the rising crime chart, the awareness among the people, even at the grassroot level, about the importance of the Commission in seeking justice had gone up manifold during its two years of existence.

He said while in 1995-96 the Commission had received only 524 complaints, the number went upto 1,567 in 1996-97. Of this, as many as 1,192 cases had been disposed of with observations. In the first eight months of the current year, 1,553 complaints have already been received from all corners of the state.

Speaking about the Commission's responsibilities (which ceases with recommendation for suitable action), Justice Mukherjee said, "We do not monitor the consequences of our recommendations."

However, because of the status of the Commission, most of its recommendations were accepted by the government -- both in terms of disciplinary action and compensation for the victims.

"The highest compensation we have awarded so far is Rs 100,000," Justice Mukherjee said.

He said the Commission had requested for more trained personnel to help dispose of cases faster. They had also urged the government to set up a regional laboratory outside the city to help expedite the investigations and administration of criminal justice.

"We have also recommended several amendments to the jail laws to improve the deplorable conditions prevailing there," the judge said.

To make the Commission's work more trustworthy and broadbased, frequent review meetings among different state-level commissions and the National Human Rights Commission were being planned.

At present, Justice Mukherjee said, only eight states -- Assam, Himachal Pradesh, Karnataka, Jammu and Kashmir, Madhya Pradesh, Punjab, Tamil Nadu and West Bengal -- had state level commissions.

UNI

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