NHRC report recommends police, prison reforms

On the police and prison reform front, the Commission has suggested effective insulation of the investigating wing of the police, and institution of `lay visitors’ for jails, police lock-ups and improvement in the mode of appointing prosecutorial personnel at all levels. It stressed that the key recommendations made by the National Expert Committee on Women Prisoners, 1986-87, should be diligently followed.

The NHRC advised that a five-member `police security and integrity commission’ should be set up at the State level and appropriate ways of selecting should be taken to ensure fixity of tenure for Directors General of police. A district police complaint authority should also be set up. The report says it is important to follow up on a series of practical measures, to check the use of third degree methods by the police.

On custodial atrocities, the NHRC states that it cannot condone any death, rape or torture occurring when a person is arrested by the Armed Forces, especially when the latter are called upon to act in aid of civil power. The para-military forces and the Army should make it a point to report directly to the Commission any instance of death or rape occurring while a person is in their custody.

To reduce the enormous burden on criminal courts, the NHRC has recommended a system where trained and experienced lawyers would on a part-time basis, on a fixed numbers of days in a year, deal with and dispose of large number of cases involving minor offences.

The report emphasised the need for `decriminalisation’, so that many of wrongs which are now given undeserved status of `crimes’ are dealt as `compoundable civil wrongs’. Besides, it says there is a need for a system of compensation for vicious crime on the analogy of the `Criminal injuries compensation regime’ operating under statutory disciplines in many countries.

For `victim assistance and service’ and protection of witnesses in collaboration with the police system, it is essential to involve NGOs. And Doordarshan and AIR must increase their efforts to generate Human Rights awareness. However, it said, there is also a need for appropriate training programme for the members of magistracy in Human Rights jurisprudence.

To make free and compulsory education a Fundamental Right and to enforce it through suitable Statutory measures, the NHRC suggested the Central and state governments harness the energies, resources and talents of NGOs and the private sector to achieve the national goal. If the right to education can be enforced it would help in eradication of child labour. It has also mentioned steps to ensure equal opportunities for disabled persons.

The report says, the Commission has decided to study the conditions of juvenile homes, special homes, borstal institutions, on a nationwide basis to suggest ways of improving of these institutions.

Given high rate of violence in such institutions, the Commission has issued directions to all state Governments to inform it within 24 hours of occurrence of any instance of death or rape in such institutions.