I. Overview. 1

II. Human rights violations by the security forces 2

a. Violations of the right to life. 2

b. Arbitrary arrest, illegal detention and torture. 3

III. Violations of the rights of Dalits 4

IV. Violence against women. 5

V. Violations of the rights of the child. 5

a. Child labour 5

b. Juvenile justice. 6

VI. Violations of the prisoners’ rights 7

 

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I. Overview

 

Ruled by the Indian National Congress party, the National Capital Territory of Delhi continued to witness serious human rights violations including extrajudicial killings, custodial rape, torture, etc. In 2006, a total of 5,360 complaints were received against the police personnel in Delhi.[1]

 

There were reports of discrimination against the Scheduled Castes. Moreover, the state government refused to allocate the funds meant for the scheduled castes.

 

Women remain extremely vulnerable with 581 cases of rape and 835 cases of molestation registered in 2007.[2]

 

According to the National Crime Records Bureau, a total of 2,160 cases of crime against children, accounting for 11.4% of the total cases in India, were reported in 2006.These included 62 cases of murder, 448 cases of rape and 1,114 cases of molestation, among others.[3]

 

Both the juvenile detainees and prisoners were subjected to torture. According to the information obtained by Asian Centre for Human Rights through the Right to Information (RTI) Act, the NHRC received 25 cases of deaths in judicial custody in Delhi during the period of 1 April 2006 to 31 March 2007.  In June 2007 alone, at least nine prisoners died in the Tihar jail due to the torture and heat which aggravated due to overcrowding conditions. Post mortem reports in at least three of the deaths confirmed that they died due to torture.[4]

 

Judicial delay continued to plague Delhi. While there were a total of 76,674 cases pending with the High Court of Delhi, a total of 7,93,759 cases were pending in the District and Subordinate Courts as on 30 September 2007. There were 16 vacancies of judges in the Delhi High Court as of end December 2007 and 93 vacancies in the District and Subordinate Courts as of 30 September 2007.

 

II. Human rights violations by the security forces

 

According to the 2006 Annual Report of National Crime Records Bureau (NCRB), a total of 5,360 complaints were received against the police personnel in Delhi during 2006. Of them, departmental inquiry was ordered into 579 cases. However, the NCRB failed to report the number of police personnel who were sent for trial and the number of personnel convicted.[5]

 

The Delhi Police personnel were responsible for human rights violations including extrajudicial killings, custodial rape, torture, etc.

 

a. Violation of the right to life

 

According to the information obtained by Asian Centre for Human Rights under the Right to Information (RTI) Act, the NHRC received three cases of deaths in police custody and 16 cases of encounter in Delhi during the period of 1 April 2006 to 31 March 2007. The NHRC also received one case of custodial rape during the same period.

 

The National Crime Records Bureau recorded one death in police custody and killing of 7 civilians in police firing during 2006.[6]

 

In 2007, Asian Centre for Human Rights documented number of cases of deaths at the hands of Delhi Police during 2007.

 

On 24 April 2007, Kamaluddin was allegedly beaten to death by policemen in the Prem Nagar area of Suntanpuri in North-West Delhi. However, the police denied the charge and claimed that Kamaluddin was mentally deranged and was thrashed by local residents resulting in his death.[7]

 

THE RECENT death of an undertrial in Tihar Jail and com- plaints of extortion and harassment against jail officials have brought Asia's largest prison under the scanner again. A city court has summoned Tihar Jail's Deputy Superintendent and Assistant Superintendent for allegedly severely thrashing an undertrial. They have to appear before the court on April l3. Fifty one-year-old Christopher James - a white-collar of- fender who holds a doctorate from Cambridge University - was allegedly beaten up by accused K.S. Meena, (Deputy Su- perintendent) and Dhananjay Rawat (Assistant Superinten- dent) when he resisted them on the issue of money coupons in- volved in smuggling of drugs and tobacco into the jail. The com- plainant is a diabetic and insulin-dependent. It is alleged that the officials also instructed the Chief Medical Officer at the Central Jail against providing him with any form of medica- tion for about 48 hours. Tihar officials denied the allegations.

On 19 June 2007, 30-year-old Jawahar, a physically challenged truck driver, succumbed to his injuries after being severely beaten up by Traffic Police Sub Inspector (SI) for allegedly jumping the traffic signal at Man Sarover Garden near Uttam Nagar in West Delhi on 9 June 2007. According to a relative, SI had asked for the bribe as they normally do from truck drivers. Jawahar refused. The medical report revealed that Jawahar had multiple injuries.[8]

 

In some cases of custodial deaths, the court awarded punishment.

 

On 24 January 2007, Additional Sessions Judge Rajender Kumar sentenced H. P. Singh, who was then the Station House Officer of the Geeta Colony police station in Delhi, to seven years rigorous imprisonment for the custodial death of Subhash Chand who died on 3 February 1990 on the charge of culpable homicide not amounting to murder.[9]

 

On 6 February 2007, Additional Sessions Judge SP Garg sentenced three policemen identified as Head Constable Rajbir Singh and Constables Ramesh Hooda and Bachchu Singh to seven-year rigorous imprisonment for the custodial death of Indal Singh at Mehrauli police station in South Delhi on 3 January 1996.[10]

 

There were 15 cases of custodial deaths which were under trial in various Sessions Courts across Delhi as of February 2007.[11]

b. Arbitrary arrest, illegal detention and torture

 

According to the information obtained by Asian Centre for Human Rights through the Right to Information (RTI) Act, the NHRC received seven cases of illegal arrest, 122 cases of unlawful detention, 825 cases of failure in taking action, one disappearance and 913 cases of other police excesses in Delhi during the period of 1 April 2006 to 31 March 2007.

 

On the night of 22 June 2007, three persons identified as Raj Kumar, Om Prakash and Kalu Kumar were allegedly beaten up by Sub-Inspector Rajbir Singh posted at the Janakpuri police station after the trio got involved in a brawl with a parking attendant outside Janakpuri District Centre. All the victims sustained bruises and cuts on their bodies.[12]

On 16 June 2007, Mustakin and Jatin were allegedly severely beaten up by police officers after their arrest at Keshav Puram police station in North-West Delhi. Medical reports of Mustakin and Jatin revealed bruises and swelling on their internal organs. In July 2007, Metropolitan Magistrate Devender Kumar Jangala ordered registration of FIR against the accused police officers.[13]

 

On 31 August 2007, four teenagers identified as Harman, Ruban Thomas (17), Zubin (17), students of Summerville School in Vasundhara Enclave and Dushant, a BBA student, were brutally beaten up by two policemen for playing cricket in a park in Pocket F in Mayur Vihar East Delhi. The policemen also allegedly targeted the genetalia of Harman and he was unable to move following the attack. [14]

 

III. Violations of the rights of Dalits

 

According to the National Crime Records Bureau, 21 cases of crime against the Scheduled Castes (SCs) were reported in 2006.[15]

 

Discrimination against Dalit and tribal students was omnipresent in Delhi.

 

The Scheduled Caste and Scheduled Tribe students at the All-India Institute of Medical Sciences (AIIMS) face the worst forms of discrimination. These students were allegedly physically tortured, segregated and subjected to other forms of discrimination in the hostels, mess and classrooms. "Give 10 good reasons why you should be given reservation” was reportedly one of the humiliating questions put to them during ragging.[16]

 

In July 2007, even the National Commission of Scheduled Caste (NCSC) had found instances of "gross injustice" and "systematic violation" against Scheduled Caste doctors and students in the All India Institute of Medical Sciences (AIIMS). The Commission, probing allegations of discrimination against SC students and doctors, stated that the institute had been following an "illegal reservation policy" and sought its amendment.[17]

 

The state government of Delhi reportedly siphoned off Rs 965.5 crore meant for the welfare of the Scheduled Castes and Scheduled Tribes of Delhi during 2006-2007. This was revealed to the public through the Right to Information Act filed by Rashtriya Shoshit Parishad, a council for the welfare of Scheduled Castes and Scheduled Tribe.[18]

 

The Social Welfare Department of Delhi did not spend any money on several welfare schemes during January-July 2007. The department failed to identify the intended beneficiaries. As a result, fund for schemes for physically challenged, destitute women and children, the elderly, and several educational programmes remained unutilized.

 

According to documents obtained by Hindustan Times, the Social Welfare Department of Delhi failed to provide scholarship to any disabled person out of sanctioned scholarship for 800 disabled persons per year and siphoned off funds meant for providing employment to 2,380 disabled persons. The Social Welfare Department of Delhi also failed to provide financial assistance to any widow from socially backward communities including tribals although funds had been sanctioned for 3,750 widows; and funds of Rs 4.5 crore sanctioned for establishment of old age homes remained unutilized during January-July 2007. Other instances of gross failure of the department included failure to set up even a single juvenile shelter home out of the proposed 10 homes, failure to build a primary school for the deaf at Nehru Vihar, failure of development programmes for the mentally challenged, failure of the national programme for the rehabilitation of persons with disabilities, failure to establish a halfway home for the improved mental patients discharged from IHBAS at Shahdara, among others.[19]

 

IV. Violence against women

 

The National Capital Territory of Delhi has the dubious distinction of being the rape capital of the country. According to official figures, 581 cases of rape and 835 cases of molestation were registered in Delhi in 2007.[20] The National Crime Records Bureau recorded 623 cases of rape and 718 cases of molestation during 2006.[21] However, these figures are in no way the true representation of the extent of the crime. Most of the crimes go un-reported.

 

In 2006, the National Crime Records Bureau recorded a total of 4,544 cases of crime against women in Delhi. These included, among others, 137 cases of dowry deaths, 1,066 cases of kidnapping and abduction, 1,728 cases of cruelty by husband and relatives, 112 cases under Immoral Trafficking (Prevention) Act of 1956.[22]

 

Dowry deaths continued to be reported during 2007. 132 cases of dowry deaths were reported up to 30 November in 2007.[23]

 

 

V. Violations of the rights of the child

 

According to the National Crime Records Bureau, a total of 2,160 cases of crime against children, accounting for 11.4% of the total cases in India, were reported in 2006.These included 62 cases of murder, 448 cases of rape and 1,114 cases of molestation, among others.[24]

 

a. Child labour

 

Child labour continued to be widespread in Delhi despite a ban on child labour since 2006. According to the Bachpan Bachao Aandolan, an NGO working against child labour, there were more than 20 lakh child labourers working in restaurants and dhabas (small restaurants) in Delhi. However, the government had identified only 55 child labourers.[25]

 

On 1 November 2007, as many as 75 children were rescued from atrocious working conditions from zari embroidery sweatshops in Delhi. These children were working as bonded labourers.[26] Earlier on 19 May 2007, 93 bonded labourers, mostly children between 9-18 years, were rescued in raids conducted on 25 jewellery manufacturing units in Karol Bagh area of Central Delhi.[27]

 

There was lack of seriousness in rehabilitation of the rescued child labourers.  While the Government was supposed to open 40 transition education centres (TECs) for rescued child labourers, not a single centre was opened as of early January 2007. A survey conducted by the Rehabilitation Council of India and the Human Resource Development Ministry, stated that even though the Ministry had identified inclusive education as a priority under the Tenth Five Year Plan, Delhi Government schools had failed to accommodate children with special needs. Out of 1,100 Delhi Government schools, only 800 admit children with special needs.[28]

 

b. Juvenile justice

 

The provisions of the Juvenile Justice (Care and Protection of Children), 2000 continued to be violated.

 

On 16 January 2007, the Delhi High Court sought the response of the Delhi government and two Delhi-based juvenile homes at Majnu Ka Tila (housing boys) and Nirmal Chaya (housing girls) to a PIL alleging rampant sexual abuse and ill-treatment of minors lodged in these juvenile homes. The PIL alleged that drug addiction was common among the inmates and excessive violence is used in disciplining the children in these overcrowded homes. Each home had the capacity of only 100 inmates but over 300 children are lodged in these homes. The inmates were not being provided clean food, water, sanitary facilities and other amenities. Boys of all age were lodged in the same cell and often older boys and the officials of the home sexually abused and assaulted them. The home officials remain mute spectators.[29]

 

Overage children continued to languish in juvenile homes in Delhi as they were not released by the concerned authorities. The maximum custodial sentence period for the children was three years but they had been in custody for up to seven years in these homes. There were reportedly 14,000 cases against children lodged in juvenile homes pending with the juvenile justice board as of May 2007. The Delhi High Court directed the social welfare department to constitute more juvenile justice boards to settle their cases speedily but no measures were taken.[30]

 

The juveniles were allegedly abused regularly in the Juvenile Homes. The Juvenile Homes had electrified fences to prevent the children from fleeing from the homes caused grievous injuries to them. In a letter to the Chief Minister of Delhi Sheila Dikshit on 18 October 2007, Union Minister for Women and Child Development, Renuka Chowdhury stated that the juveniles were severely abused at the Observation Home for Boys, Delhi Gate, and the Children’s Home for Boys, Kasturba Niketan, Lajpat Nagar II and sought the intervention of Ms Dikshit.[31]

 

On 20 January 2007, 17-year-old Raju (named changed) was allegedly beaten up and then sodomised by Head constable Ra­jender inside Shakarpur police station in West Delhi. One month later when the boy filed an FIR against the policeman, he was threatened by policemen inside the courtroom and made to change his statement to protect the accused.[32]

 

Juveniles were not provided timely medical attention. On 12 February 2007, the Delhi High Court summoned the Secretary and Director of the Social Welfare department of the Delhi government to be present in court on 26 February 2007 for allegedly not providing an ambulance to a 14-year-old inmate of the Juvenile Home in Narela in North-West Delhi, who died due to lack of medical attention.[33]

 

VI. Violations of the prisoners’ rights

 

The condition of the Tihar Jail continued to be deplorable due to overcrowding. There were about 12,300 prisoners against the sanctioned capacity of 6,200 prisoners in the Tihar Jail as on 18 November 2007.[34] Of these, more than 83% of Tihar Jail’s populations are undertrial prisoners.[35] On 18 June 2007, the Delhi High Court ordered the immediate release of 600 inmates on bail to decongest the Tihar Jail.[36]

 

Basic facilities were not adequate. Most cells were in poor condition. Infrastructure and medical facilities had not been upgraded. There were lack of doctors, stretcher and wheelchair. Some basic life-saving drugs were also not available in adequate quantities.[37] An NHRC team which visited the jail following a spate of inmate deaths reported in May and June 2007 observed that the overcrowded cells not only lacked adequate health facilities but also faced water shortage, aggravating the poor conditions. There was hardly any ventilation in the cells and most of the cells did not even have exhaust fans.[38]

 

Besides, there was shortage of prison staff. More than 25 per cent posts of prison staff remain unfilled as on 20 March 2007. As per the law, the staff strength of the prison is to be reviewed each year. Prison officials say they have written to the Staff Selection Board (SSB) of Delhi government informing them of the shortfall but no new recruitment took place. [39]

 

Several prisoners died due to different reasons in the Tihar jail during 2007.

 

According to the information obtained by Asian Centre for Human Rights through the Right to Information (RTI) Act, the NHRC received 25 cases of deaths in judicial custody in Delhi during the period of 1 April 2006 to 31 March 2007. ACHR has also documented other cases of prisoner deaths during 2007.

 

On 23 October 2007, woman under-trial Alka (23) was found hanging from a ceiling fan in Tihar Central Jail. The jail official claimed that she committed suicide.[40]

 

On 15 November 2007, an undertrial Ashok Kumar allegedly committed suicide by hanging himself with his lungi on the ceiling fan in the Tihar jail.[41]

 

On 12 April 2007, prisoner Raj Singh died under mysteriously circumstances after he allegedly fell ill inside the premises of Tihar jail.[42]

 

THE POLICE have registered a case of culpable homicide not amounting to murder in the death of a Tihar inmate after a probe found he died of assault. Jail authorities had claimed that it was a natural death. Amit Kumar, 23, was one of the six Tihar inmates who died between June 6 and June 12. On Tuesday, a case under Section 304 of the Indian Pe- nal Code was registered against unknown persons at the Hari Nagar police station on a metropolitan magis- trate's order Amit died at Deen Dayal Upadhyaya Hospital on June 6. He was lodged in jail under preventive arrest. Tihar offi- cials had then said that he died of dehydration. An in- quiry by a metropolitan mag- istrate, however, revealed Amit had sustained injuries. On June 23, a similar case was registered in the death of another inmate Harish Ku- mar, 32. Harish died at Deen Dayal Uphadyaya Hospital on June 10. Tihar officials had claimed he was a drug addict and died of natural causes. ravi.bajpai@hindustantimes.comBeating and other form of torture was common in Tihar jail.

 

In June 2007 alone, at least nine prisoners died in the Tihar jail due to the torture and heat which aggravated due to overcrowding conditions. Post mortem reports in at least three of the deaths confirmed that they died due to torture. In one case concerning the death of one Harish (31), the Metropolitan Magistrate said in his order that Harish, who died on 10 June 2007, succumbed to injuries from physical assault.[43] On 18 June 2007, the Delhi High Court criticized the Tihar jail officials over the “extremely harsh” conditions under which inmates were forced to live. Regarding poor health facilities in the jails, the Delhi High Court stated that medical treatment was not being provided to the ill inmates “till they are in the death-bed”.[44]

 

On 13 February 2007, undertrial prisoner Naqibullah Ali (30), a native of Afghanistan, reportedly died under mysterious circumstances inside Tihar Jail in Delhi. The interim post-mortem report revealed that the cause of the death was smothering. The deceased’s body had injuries over the neck, lips, legs, and back of head, which were ante mortem and were fresh injuries prior to the death.[45]

 

Terror suspects were particularly vulnerable to torture. On 30 May 2007, The Asian Age, a popular daily in India, revealed that the daily received numerous letters from the inmates of Tihar especially belonging to Jammu and Kashmir, alleging “terrible atrocities” being inflicted by the jail authorities. According to the inmates’ letters, the excesses included “methodical torture, physical and psychological pestering and enforced labour of even under-trials, like cleaning latrines and drains”.[46]

 

There were also complaints of extortion and harassment against jail officials of Tihar jail.

 

In April 2007, Tihar Jail’s Deputy Superintendent K S Meena, Assistant Superintendent Dhananjay Rawat and Chakkar Chief Mange Ram were jailed by a court on the complaint of a 51-year-old convict, Christopher James, who was allegedly beaten up and critically injured by the trio when he tried to expose their extortion-cum-smuggling racket in Jail No. 7 of Tihar Jail on 24 September 2006. He was also deprived of medical attention for two days despite the fact that he was a diabetic.[47]

A CITY court on Friday sent three Tihar Jail officials to 14 days' judicial custody on charges of beating up a 51- year-old undertrial, Christo- pher James. James was reportedly beat- en up by Deputy Superinten- dent K. S. Meena, Assistant Superintendent Dhananjay Rawat and Head constable Mange Ram when he resisted them on the issue of money coupons involved in smug- gling of drugs and tobacco into the jail. The undertrial is a di- abetic and insulin-dependent. It is alleged that the ac- cused had even instructed the Chief Medical Officer of the Central Jail against provid- ing James any form of med- ication for about 48 hours. The undertrial is a PhD from Cambridge University

A CITY court on Wednesday directed the Delhi Police's Crime Branch to probe a complaint of assault by a Cana- da-based NRIfacing trial in a drug traf- ficking case here. He has said that he was assaulted by some inmates in a jail van. The police have been asked to file a status report in this regard by April 24. Undertrial Gurdish Singh Toor, in his complaint, said he was beaten up by the inmates who he said demanded Rs 25 lakh from him. "This court is of the opinion that such incidents of extor- tion and beating up of inmates are on the rise inside Tihar Jail," said Addi- tional Chief Metropolitan Magistrate Kamini Lau, adding that recently one of the undertrials had died under myste- rious circumstances. The court was referring to the recent death of an alleged Afghan drug ped- dler, Naquibullah. Last week, the same court had made three Tihar oncials ac- cused in a similar complaint filed by one Christopher James. Earlier, Toor had complained to Addi- tional Sessions Judge Swarn Kanta that he was beaten up mercilessly by one Bil- lo Pehlwan and his associates in a jail van when he was being brought to the Patiala House Courts for hearing in a case. The ASJ, seeing his injuries, asked the jail authorities to take him to Ram Manohar Lohia Hospital. Medical re- ports confirmed that he received in- juries on his left cheek, forehead and back. The ASJ then referred the matter to ACMM's court, which ordered the probe into the matter and asked the prison authorities to provide a separate van for ferrying him from jail to court and vice-versa. naziya.alvi@hindustantimes.THIRTY-TWO-year-old Raj Singh, a Tihar Jail inmate sen- tenced to life imprisonment, died on Thursday after he fell ill inside the jail premises. Au- thorities remained tightlipped about the cause of death. On Wednesday evening, Singh complained of stomach pain and was rushed to the jail's hospital. "He was feeling nauseous and had a severe stomach ache. He felt drowsy When his condition worsened, we rushed him to Deen Dayal Upadhya Hospital where he died at 5:15 am," said, Sunil Gupta, legal officer at Tihar Jail. Singh suffered from de- pression and peptic ulcer and was on medication. Inmates are sanctioned only two days of medication at a given time. "It is possible that Singh might have stored all the med- icines and consumed it in one go," said a senior official at Tihan However, no suicide note was found on him. Singh was arrested for mur- der and dacoity in Nangloi in 1999 and was brought to Tihan In 2003, he was convicted for the crime. He had been de- pressed since the conviction and was being treated by a psychiatrist.