Custodial crime victims to get compensation

Custodial crime victims to get compensation
New Delhi | March 30, 2006 10:06:26 PM IST

The victims of custodial crimes in the country will now be compensated by the Government.

Informing about this, Union Home Minister Shivraj Patil said on Thursday that following an international court suggestion, the Government has decided in principle to give compensation to victims of custodial violence.

"The international court of justice has suggested that victims of violence be compensated. This suggestion has been accepted in principle by the government," Patil said this while addressing a seminar on 'custodial justice' organised by the National Human Rights Commission (NHRC) and a non-government organisation, Praja.

Patil further went on to say that a bill in Parliament, providing for state compensation to victims of custodial violence, has also been introduced by the government.

A committee would be formed and help of the judiciary will be taken in this regard, he said.

Pointing that the number of deaths, rapes in custody and disappearances of arrested persons have gone down, Patil said that new steps needed to be taken to curb custodial violence includes changes in the laws, introduction of new advanced technologies in investigation such as biometrics and genetics and sensitisation of the police personnel as well as the public.

The Home Minister further added that more stress should be laid on circumstantial evidence rather than the account of witnesses, sayingCircumstances do not lie, witnesses can".

Custodial violence means torture in police custody. But "torture" has not been defined in the constitution or in other penal laws.

However, custodial violence and abuse of police power is not only peculiar to this country but it is widespread. It has been the concern of international community, because the problem is universal and the challenge is almost global.

Torture is no doubt an international phenomenon but the incidents are much more in developing countries and the overall situation in India is far from satisfactory.

In recent years, third degree torture and custodial deaths have become an intrinsic part of police investigations and the injury inflicted on the prisoners is sometimes unbearable.

Custodial crimes had taken various forms such as torture in custody, rape, custodial death, brutal and inhuman treatment of prisoners, whether under trials or convicts.

During the period April 2001 to March 2003 National Human Right Commission has received reports of 1,305 deaths of custody from the states and union territories, of these 1,140 deaths were in Judicial custody and 165 in police Custody.

Compared to the figure of 2000-2001, the number of deaths in police custody went up by 38, while death in judicial Custody have increased by 230. The total numbers of deaths in custody in 2000-2001 were 1037.The highest number of deaths in police-custody in 2001-2002 was recorded in Maharashtra. (ANI)

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