Annual Report - National Human Rights Commission

Summary of Principal Recommendations and Observations
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
○
Jail Reforms
19.7 With regard to the jail reforms, the Commission would urge the concerned authorities
to initiate systemic changes and monitor the implementation of the recommendations as
listed in Para 3.54
Complaints Before the Commission
19.8 The Commission would like to reiterate that it is of utmost importance that both the Central
and State Governments respond promptly to requests for reports made by the Commission.
Further, they need to act without delay on its varied recommendations in respect of individual
cases. The Protection of Human Rights Act 1993 is based on the premise that the fullest cooperation
will be extended to the Commission by both the Central and State Governments. It is
therefore, incumbent on them to assist the Commission in its efforts to dispose of cases promptly
and efficiently, in order to ensure that the better protection of human rights, as envisaged under
the Act, is achieved. (Para 4.8).
19.9 In the course of the year 2004-2005, the Commission has come across a large number of cases
complaining of avoidance on the part of the police station officers to register complaints of a cognizable
offence or a tendency to minimise the gravity of the offence while registering a case. This indeed is a
violation of statutory obligations imposed on the police station incharge by the provisions of Chapter
XII, Code of Criminal Procedure, in particular, section 154 CrPC.(Para 4.9)
19.10 Such deviant act on the part of the police officers, in the opinion of the Commission,
does have an adverse effect on Criminal Justice Delivery System. Accordingly, it is recommended
that Central Government, all State Governments and all the Governments of UTs should issue
necessary instructions to all the concerned police officers to meticulously adhere to provision of
section154 CrPC in the matter relating to registration of cases. (Para 4.10).
19.11 The Commission has been making certain recommendations through its annual reports
for strengthening the Investigation Division by sanctioning additional posts and bringing about
changes in the conditions of service of its personnel with a view to facilitate the appointment of
well qualified and trained man power. The Commission is still waiting for the Government to
fulfil its assurance. (Para 4.19)
Human Rights of the Mentally ill Prisoners
19.12 The illustrative case of mentally challenged under-trial prisoner, Charanjit Singh—It
may be seen that while dealing with his matter in the writ petition filed at the instance of the
Commission, Hon’ble High Court of Delhi requested the Commission to formulate some
guidelines to mitigate the plight of mentally challenged under-trial prisoners. The Commission,
National Human Rights Commission Annual Report - 2004-2005
197
AR-Chapter-1-19-10-6-06.p65
217
7/17/06, 6:30 PM