extortion is the order of the day and the likes of controversial Member of Parliament Pappu Yadav and Bihar’s first family of Union Railways Minister Laloo Prasad Yadav incessantly remain in the limelight of the media, violations by Bihar Police are often ignored.

According to press reports, 57 persons have died in police custody by 26 August 2004. In 2003, NHRC registered 148 custodial deaths in Bihar. The NHRC also registered 146 cases of custodial death in 2001-2002, 162 in 2000-2001, 162 in 1999-2000, 193 in 1998-99, 119 in 1997-98, 93 in 1996-97, 75 in 1995-96 and 17 in 1994-95. These are in addition to 212 cases in 2001-2002 of other police excesses, 346 cases in 1999-2000, 206 cases in 1998-99, 97 cases in 1997-98, 175 cases in 1995-96 and 47 cases in 1994-95.

On the late night of 18 November 2004, a police constable identified as Dinanath Tiwari shot dead four persons, including a woman and a child in Bagha Mohalla in Begusarai. The police constable, who was drunk, allegedly barged into the house of a widow in the village and tried to rape her. When some villagers came to her rescue, Tiwari fired indiscriminately with his official carbine, killing three persons on the spot. Another injured victim died later. Three other persons were also critically injured in the firing.

On the night of 14 September 2004, Arjun Paswan, an employee of a junk market located in Patna's New Market area, was allegedly beaten up by a group of Government Railway Guards (GRPs) on Platform Number 8 of Patna Junction. He was reportedly waiting for the train to return home. The GRPs on the platform demanded to see his ticket. When Paswan showed them his monthly pass, the GRPs allegedly tore up the ticket and demanded Rs. 100 from him. Upon his reluctance to bribe, the GRPs started beating him causing a ruckus on the platform. They stole all his cash while threatening him of dire consequences if he reported the incident. When Paswan went to file a complaint, the GRPs refused to register. The Superintendent of Police of GRPs, Vinay Kumar ordered an enquiry into the incident only when a local newspaper carried Paswan’s ordeal at the hands of the railway security guards. 

On 9 September 2004, 35-year-old Dalit widow was allegedly raped by two constables in lock-up in Dhalpura police outpost in Patna district. The police had earlier picked her up for alleged involvement in a murder case. Later she was moved to Beur Central Jail in Patna where she lodged a complaint. A magisterial inquiry has been ordered in the case.

On 15 June 2004, Shyam Kishore Sharma, son of Jayram Sharma of Karni village under the Dhanarua Police Station in Patna district, was shot dead by the police from Goraul Police Station. The police claimed that the deceased and three others were trying to escape after knocking down a cyclist near Bhagwanpur on the Hajipur-Muzaffarpur road. The Goraul police claimed that they waved to them to stop, but they tried to flee making an unsuccessful attempt to crush the policemen. The hospital sources, however, revealed startling findings: the deceased had bullet injury in his abdomen, which is not possible while escaping on a vehicle. "It's possible only at a close range and in a static position," said a doctor of the hospital.

On 27 January 2004, several inmates in the Begusarai Divisional Jail were injured when the police opened fire to quell a riot following the death of a prisoner identified as Shankar Sao. The protesting inmates alleged that Sao was beaten to death by the cops. Jail officials, however, maintained that Sao had committed suicide.

On 27 October 2003, Om Prakash Paswan, an electrician, was allegedly beaten to death by the police at Rukunpura under Danapur police station. Om Prakash was reportedly engaged in electrification work on the occasion of Chhath festival at Rukunpura when the police chased and caned a group of persons allegedly involved in forcibly collecting donations for the Chhath festival. Om Prakash reportedly tried to escape from the spot but the police caught him and brutally beat him up. Then they allegedly threw his body into a well. The police, however, claimed that Om Prakash fell into the well while fleeing. Later his body was cremated without a post mortem.

On 6 August 2003, 25-year-old Najma Khatoon, a murder convict, delivered a baby boy after being raped by a police constable who was on deputation to guard her at the Sasaram Sadar hospital. She was admitted to the hospital due to ill-health between 29 September 2002 and 22 October 2002. She was lodged in a separate room in the women’s ward of the hospital where the constable guarding raped her. She petitioned Sasaram jail authorities for help, but no action was taken even to identify the accused police constable. The police reportedly took a havildar into custody; but he was allegedly released following protest by the policemen’s association. Later, the police even denied having arrested anybody. The incident was raised in the State Assembly in March 2003 and August 2003. The case has been reportedly transferred to the Criminal Investigation Department (CID) for a probe. The CID, however, is yet to make any arrest.

On 4 February 2003, the Police killed Amitesh alias Madhukar Sharma, an army personnel in a fake encounter in Paliganj in Patna district. He had gone to the Paliganj branch of the State Bank of India to withdraw some money.

Earlier, in July 2000, then Minister of State for Cooperatives Lalit Yadav was sacked for torturing and confining a truck driver Deenanath Baitha and cleaner Karoo Ram in his official residence for over a month.  The driver used to ply a truck owned by the Minister. While returning from a trip in June 2000, he was apparently waylaid and robbed of the truck. The Minister suspected the driver of being in league with the miscreants and started torturing him until NHRC took suo moto action on the basis of newspaper report.  The driver's nails were plucked out and he was forced to drink urine.

India has consistently refused to take effective measures against torture. Although it signed the UN Convention Against Torture in June 1997, it has refused to ratify the same. India also abstained during the voting on the resolution for adoption of the Optional Protocol to the Convention Against Torture at the 58th session of the United Nations Commission on Human Rights.

India remains equally prickly about the UN Special Rapporteur Against Torture. The Permanent Representative of India to the United Nations in Geneva while chastising the Special Rapporteur at the 60^th session of the United Nations Commission on Human Rights stated:

“When human rights violations do occur, institutions in democratic societies ensure that corrective measures are taken. We are, therefore, disappointed to find that the Special Rapporteur on Torture in his report in document No 56 and 56/Add1 has expressed concern that the government has not extended to him an invitation to visit India. We are rather perplexed by the notion, evidently shared by some Special Rapporteurs, that the measure of a country’s commitment to the protection and promotion of human rights is the alacrity with which they respond to a request for an invitation to visit the country. There might, arguably, be some basis for such a belief where human rights in closed and non-democratic societies are at issue. It seems to us rather presumptuous, however, that the Special Rapporteur on Torture should believe that absent his watchful eye democratic societies would fail to take corrective measures when human rights violations do occur”.

Most open and democratic countries in the world, however, have issued standing invitations to the Special Procedures of the UN Commission on Human Rights. In addition, no visible corrective measures are being taken in the country. Despite repeated appeals from the NHRC, Bihar has so far refused to establish a State Human Rights Commission. This is despite the fact that Bihar significantly contributes to the number of complaints registered with the NHRC respectively 566 cases in 1994-95, 1242 cases in 1995-96, 814 cases in 1996-97, 2317 cases in 1997-98, 5331 cases in 1998-99, 4228 cases in 1999-2000, 3282 cases in 2000-2001 and 5340 cases in 2001-2002.