I.INTRODUCTION1.1 This report of the National Human Rights Commission (NHRC) is being submitted to the Central Government, for subsequent placement before each House of Parliament, in terms of Section 20 of the Protection of Human Rights Act, 1993 (No. 10 of 1994). It is the first annual report of the Commission, which was initially constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993. This report covers the period from the establishment of the Commission to 31 March 1994.1.2 The proposal for a Commission was originally contained in a Human Rights Commissions Bill which was introduced in the Lok Sabha on 14 May 1993. However, the powers, functions and manner of functioning of the proposed Commission, as contained in that Bill, were extensively criticized, most notably when that Bill was considered by the Parliamentary Standing Committee on Home Affairs. The Ordinance of 28 September 1993 was drafted in the light of the comments made on the original Bill, as was the resubmitted Bill, which was presented to Parliament on 25 November 1993 to replace the Ordinance.1.3 The Statement of Objects and Reasons of the November Bill made clear the purposes of the Act subsequently adopted. While noting that India was a party of the International Convenient on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, both of which were adopted by the United Nations General Assembly on 16 December 1966, and that the rights embodied in those Covenants stood substantially protected by the Constitution of India, the Statement observed that there had been "growing concern in the country and abroad about issues relating to human rights". Having regard to this, and to changing social realities and emerging trends in the nature of crime and violence, it had been considered essential to review the existing laws and procedures and the system of administration with a view to bringing about greater efficiency and transparency. The Bill received Presidential assent on 8 January 1994.

IICONSTITUTION OF THE COMMISSION2.1 Section 3 of the Act provides for the constitution of a Commission consisting of;a) a Chairperson who has been a Chief Justice of the Supreme Court;b) one Member who is, or has been, a Judge of the Supreme Court;c) one Member who is, or has been, the Chief Justice of a High Court;d) two Members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.The Chairpersons of the National Commission for Minorities, the National Commission for Scheduled Castes and Scheduled Tribes and the National Commission for Women are deemed to be Members of the Commission for the discharge of the various functions assigned to it, except for the function relating to inquiry into complaints of violation of human rights, viz., that mentioned in Section 12 (a) (i) and (ii) of the Act2.3 In accordance with Section 4 of the Act, the Chairperson and Members of the Commission were appointed by the President on the basis of the recommendations of a Committee comprising the Prime Minister, as the Chairperson, and the Speaker of the Lok Sabha, the Home Minister, the Leaders of the Opposition in the Lok Sabha and Rajya Sabha and the Deputy Chairman of the Rajya Sabha as Members.2.4 The Chairperson and Members assumed office in the Commission on the dates indicated below:i) Shri Justice Ranganath Misra, as Chairperson, on 12 October 1993;ii) Kumari Justice M. Fathima Beevi, as Member, on 3 November 1993;iii) Shri Justice Sukhdev Singh Kang, as Member, on 12 October 1993;iv) Shri Virendra Dayal, as Member, on October 1993.Dr. Justice T.K. Thommen who was appointed as a Member of the Commission could not assume charge on account of illness. It is with profound sorrow that the Commission records his passing away on 20 December 1993. The vacancy thus caused is to be filled.2.5 In accordance with Section 3(4) of the Act, Shri R.V. Pillai joined the Commission as its Secretary-General and Chief Executive Officer on 20 October 1993, with the rank of a Secretary to the Government of India.2.6 In accordance with Section 8 of the Act, the Central Government has notified the salaries and allowances payable to the Chairperson and Members of the Commission as also the terms and conditions of their service2.7 In exercise of the powers conferred on it by Section 10 (2) of the Act, the Commission has issued regulations governing the procedures to be followed in the conduct of its business (Annexure I).

IIIFUNCTIONS OF THE COMMISSION3.1 As this is the first annual report of the Commission, it would be helpful here to recapitulate the considerable scope and range of the functions envisaged for the Commission under Section 12 of the Act, "all or any" of which are to be performed by it. These functions are to:(a) inquire, suo motu or on a petition presented to if by a victim or any person on his behalf, into complaint of -i) violation of human rights or abatement thereof orii) negligence in the prevention of such violation, by a public servant;b) intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;c) visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living conditions of the inmates and make recommendations thereon;d) review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation;e) review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate measures;f) study treaties and other international instruments on human rights and make recommendations for their effective implementation;g) undertake and promote research in the field of human rights;h) spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars, and other available means;i) encourage the efforts of non-governmental organisations and institutions working in the field of human rights;j) such other functions as it may consider necessary for the promotion of human rights.

IVCONCEPTUAL APPROACH OF THE COMMISSION4.1 In the light of the extraordinary range of the functions assigned to the Commission and the scope of the powers conferred on it, it is evident that the Commission must act, and be seen to act at all times, with autonomy and transparency. Indeed, it is on these two conceptual pillars that its work must rest if the Commission is to sustain and enhance the trust reposed in it by the nation. Both of these attributes will therefore need to be scrupulously respected and nurtured.4.2 The autonomy of the Commission derives, inter alia, from the method of appointing its Members, their fixity of tenure, and statutory guarantees thereto, the status they have been accorded and the manner in which the staff responsible to the Commission-including its investigative agency-will be appointed and conduct themselves The financial autonomy of the Commission, envisaged in Section 32 of the Act, will be a key factor in ensuring the independence and integrity of this Statutory body. In pursuance of this objective, the Commission has formulated an administrative structure for itself which envisages, among other things, a built-in financial advice system to ensure the needed autonomy in the financial management of the grant appropriated for the Commission by Parliament.4.3 The transparency of the Commission rests both on its Statute and on the regulations which the Commission has subsequently framed to govern its procedures. The capacity to receive petitions, to provide petitioners with copies of its reports and decisions, and to place its reports before Parliament and the public are all central to the openness with which the Commission has functioned and proposes to function. Indeed, the Commission counts on the relationship that it will develop with non-governmental organisations, human rights activists, the media and public, to reinforce its message of transparency in the developing of a culture of human rights in the country.4.4 The complexity and variety of human rights issues facing our nation has required another kind of discipline of the Commission in its effort to maximize the impact of its activities. While seeking to promote and protect all of the Fundamental Rights enshrined in the Constitution or covered by treaties to which India is a party, the Commission has nevertheless considered it essential to focus atleast initially on certain key human rights issues that are of the very highest concern to the people of this country. This has required the setting of priorities, particularly in respect of its suo motu activity even while recognising that all human rights are important and, indeed, indivisible.4.5 It was with such considerations in mind that the Commission undertook, as its very first suo motu action, an examination of the Bijbehara incident in Jammu and Kashmir, involving the tragic death of civilians in a firing by the Border Security Force. And it was again with such considerations in mind that the Commission has focussed on other issues which go to the heart of civil liberties and the nature of society that we wish to create in India. Thus, the Commission has been particularly engaged, suo motu or on the basis of complaints, with instances of custodial death and rape, disappearance from custody, cruel, inhuman or degrading punishment and torture, gender related violence, atrocities against vulnerable sections of society - women, children and the disabled - often compounded when these vulnerable sections belong to the Scheduled Castes and Scheduled Tribes. It is for similar reasons that social evils such as dowry deaths and bonded and child labour are receiving the early attention of the Commission and that the Commission is engaged in seeing how best it can promote, through education and training in the broadest sense, a human rights culture worthy of the noble traditions of this country and its complex, pluralistic and multilayered society.4.6 These matters are more fully commented upon in the sections of the report that follow. But the basis approach of this Commission, namely its determination to come to grips, as early as possible, with the gravest areas of human rights violations, will explain why in Section V below, dealing with Inquiry into Complaints, certain cases, rather than others, have been selected to highlight and illustrate the preoccupations of the Commission.

VINQUIRY INTO COMPLAINTS5.1 During the relatively brief period conferred by this report, the Commission had already registered 496 cases. Of these, 174 were admitted for further investigation/inquiry/report while 274 were dismissed. In respect of 48 cases the Commission disposed of complaints with observations to the effect that remedies were more appropriately available in other fora, and that the complainants should seek such remedies from them. In accordance with its Statute and regulations, the grounds for the dismissal of complaints were broadly that.i) The complaints did not fall within the purview of the Commission;ii) The matter was sub judice or pending before another Commission;iii) The event, which was the object of the complaint, had occurred more than one year before the making of the complaint;iv) The complaint was vague or frivolous and no specific case had been made out of a human rights violation.5.2 A table indicating the number of complaints received, admitted, disposed of with observations or simply dismissed, may be seen at Annexure-II. A further statement of cases admitted for disposal is at Annexure-III.5.3 In dealing with the increasing number of complaints, which are being received in the various languages of the country, the Commission has encounted certain difficulties resulting from the shortage of translators. Efforts are under way to remedy this situation, which should not be allowed to become to become an on-going problem, as the complaints being addressed to the Commission are likely to increase very substantially in the period ahead.5.4 It is significant to note, in connection with the 496 cases registered, that 26 were the result of suo motu action by the Commission - many of the latter relating to allegations of custodial death or custodial rape. In consequence of the perception of the Commission that such grave violations of human rights must be boldly and swiftly dealt with, wherever they occur in the country, instructions were issued by the Commission to all State Governments and Union Territory Administrations, on 14 December 1993, asking for reports from District Magistrats/Superintendents of Police, within 24 hours of the occurrence of any such incidents. Failure to send reports, it was made clear, would give rise to a presumption by the Commission that an effort was being made to suppress knowledge of the incident. The communication of the Commission to all States/Union Territories may be seen at Annexure-IV.5.5 A further area of serious concern to the Commission results from the number of reports and complaints that it has received relating to the large number, and arbitrary nature, of detentions under the Terrorist and Disruptive Activities (Prevention) Act.. While following up with inquiries on individual complaints, the Commission has also considered it essential to commence an in-depth study of this Act, its implementation and implications The Commission has, accordingly, called for detailed information from the State Governments and Union Territory Administrations on the number of cases registered under this Act, the numbers arrested, the numbers on bail, the cases decided, and the convictions obtained. Data have begun to be received by the Commission, both directly from District Magistrates and from the Central and State Governments. The law Commission is being associated with the study underway..5.6 In the paragraphs that follow, resumes are provided of some of the more significant cases of which the Commission has been, or is, seized. These cases have been highlighted both to illustrate the variety and scope of the human rights issues being dealt with by the Commission and also the geographical spread of the complaints being addressed by it. Furthermore, these cases provide some idea of the diverse ways in which the Commission is handling cases, using to the full the various possibilities open to it under its Statute, in order to achieve the greater goal of promoting and protecting human rights country-wide.

260Chapter-9 Summary, Conclusion and Recommendations 9.0 Summary Both from research and policy points of view, the need to study causes, consequences and preventive measures of custodial crimes in police custody is assumed significance because there is no universal definition of the custodial crimes in India and abroad. Further, as review of literature indicates that most of the studies have examined arbitrary arrest and detention in police custody; custodial deaths, custodial rapes, torture separately in the past in different states, the present study, perhaps the first study of its kind, on Custodial Crimes in Police Custody: Causes, Consequences and Preventive Measures in the State of Uttar Pradesh has captured spectrum of police custody process, custodial detention and treatment of accused/suspects in police custody. The present study represents multiple stakeholders view points and based on interviews with a variety of key informants. The result of present study revealed that the custodial commissions of crimes in police custody are not occurred merely in vacuum rather there are some structural deficiencies in the police system which perpetuates custodial crimes in police custody. The factors influencing custodial crimes in police custody are in the form of money and influence which determine who will get arrested or not as well as who will be tortured in custody. The present study is important for several reasons. Firstly, the study has been carried out in the State of Uttar Pradesh which has been reporting highest number of incidents of police brutality at NHRC during more than a decade. Secondly, most of the studies in the domain were undertaken in the country are based on information collected through secondary sources. Thirdly, while custodial crimes have drawn attention of legislature, judiciary, media, NGOs and human rights commissions etc, a little attention has been given on the plights of victims of custodial crimes. It is pertinent to mention that higher judiciary through its creative interpretation has upheld rights of the victims of custodial crimes over the years however; the incidents of custodial crimes in police custody are still continuing. Fourthly, establishment of National Human Rights Commission has added additional mechanism for victims to get quick redressal, yet many cases of custodial crimes are not reported to it, although NHRC and SHRCs 261have given a hope for the poor & powerless people to get custodial justice. In this context, a field based study was need of the hour. The present study is a modest attempt to explore causes, consequences and preventive measures in the context of District Muzaffarnagar of Uttar Pradesh State. The qualitative method was used for the purpose of study. The present study is based on explorative research of inquiry and adopted case study design. The study has conducted detailed life histories of the individual victims in the context of District Muzaffarnagar of Uttar Pradesh. Total 10 case studies of custodial crimes in police custody were selected from the records of National Human Rights Commission, District Crime Records Bureau Muzaffarnagar, Uttar Pradesh at macro level, local media reported and civil society groups in the District Muzaffarnagar at micro level. The Multiple methods of data collection technique used in order to capture a comprehensive picture of custodial crimes. While in-depth interviews provided details of the individuals knowledge, perception, attitudes, beliefs and experiences, non-participant observation supplemented to understand the reliability of the informants through their symbolic world supported by field work, visual, document and artifact data in understanding to the culture of the context of the study. On the one hand, the study provides major findings that can be generalized and on the other hand there are findings that are specific and contextual for custodial crimes in police custody. The key findings of the present study are summarized as follows: Key Findings : 1. What is police custody? The study revels that police custody is a dynamic process of criminalization in society which includes police lock ups, police station, police post and police raid. Further, the data reveal that individual person came into the police custody for various reasons such as being suspects, accused, witness, complaints and injured person due to circumstances in justice process. Thus, the findings indicate that institution of police custody plays investigative, preventive and crisis response functions. 2622. What are the forms of custodial crimes in police custody? The forms of custodial crimes in police custody found in the present study include custodial arbitrary arrest & detention, torture, deaths and disappearances. 3. What are the causes of custodial crimes? The Ten case studies of custodial crimes reveal that torture in police custody is the main contributing factor of custodial crimes. Torture is used as a tool to investigate crime which generates another form of crime in custody e.g. custodial crime. The use of torture by police to extract confession is found one strategy; however, data further give insights that police are influenced by the powerful structure in society. This include money and (bribe or corruption) & political power (powerful local and vested interest due to old rivalry) to use force or torture. The pattern that emerged from the case studies show that the main cause of custodial crimes is torture in police custody. 4. Who are the Individual victims of custodial crimes? All male persons who were victimized in police custody. The victims of custodial crimes were poor people across the religion, caste and class structure. Few Individuals were arrested, detained and experienced of torture in the police custody in connection with inquiry or investigation of an offence. Others were arrested, detained and tortured because of their sons, relatives or friends was sought by the police or because false charges were leveled against them at the behest of powerful local interests. Some of them were in police custody because they were in need of police assistance. The data show that most of the accused were petty offenders or suspects for having information about relative who was involved in stolen truck( Machiewala), having information about kidnapped boy from hotel( Dhavawala), accusation of abetment of suicide to the girl with whom developed love affairs( Aropewala), playing illegal gambling in the village( Chitwala), accusation of gangster ( Sattawala and Bandwala), being father of an accused son who was falsely implicated and approached national human rights commission against police highhandedness ( Sikayatwala), approached court for release vehicle( jeep) 263compounded by police at police station( Driverwala) and got injured though shot gun by unidentified person ( Jewellerywala). 5. What is their socio-economic background of the accused/ arrested persons? The data reveal that they were youth people aged between 21-30 years (6 cases), between 31-40 years (3 cases) and 41-45 years (1 case). Their education level was low between 6th -10th Standard (8 cases), one graduate and one illiterate person. They were engaged in agriculture labour, service in profession such as private factory, driver, painter, singer in local band, baker and unemployment one. Their annual income was ranging between Rs. 10,000-20,000(5 cases), between 21- 30,000(4 cases) and Rs. 31,000 above in one case. It is very well evident that poor, low education and socio-economic and male people are prone to victimization in the custody of police. The half of individuals were unmarried youth who have not seen so much life. It is significant that other half of the individuals who were married one left behind their next of kin, spouse, sibling and parents and make theme marginalize and vulnerable in social life. This way, the individual victims share equal number of married and unmarried youth victimized in police custody. The study found 7 arrestees out of 10 cases were not having any criminal background. First time they were taken into police custody by one or other reasons. It means that they were not criminal nature person. The criminal history was found only in 3 cases (Attempt to murder, Satta Act and Arms Act). 6. What about the consequences of custodial crimes? The study reveals the dimensions of the vulnerabilities of the victims at micro level and cost of custodial crimes at macro level. At micro level, the victims of custodial crimes includes next of kin and spouse( primary), sibling, parents and relatives in families ( secondary) and communities ( tertiary) have been suffering from a number of problems in day to day life like physical, psychological, economical, social and political one. The family members have manifested pain, suffering, nightmare, anxiety, irritated behavior, lost of memory, depression in lost of family member and other different forms of disability etc. They did not have access to 264any treatment or rehabilitation due to poverty& social exclusion. This precisely violated their basic health rights. There is no specific system or scheme for arranging compensatory and rehabilitation of the victims of custodial crimes available. In few cases, however, the out of court settlement had taken place between the victims and witnesses as well as police personnel. Thus, the present findings also have some relevance to current discussion on rehabilitation of victims of custodial crimes including physical, psychological, economical and social aspects of integrations to next of kin or victims into the main stream of the society. 7. At macro levels, the expenses and services involved due to custodial crimes such as services of various governmental departments ( police, prosecutions, Medical Officers, Independent Inquiries by CBCID, Magistrates and the National Human Rights Commission), loss of human resources like suspensions and terminations from police services one way and damage of public property, problems of public unrest and protest, law and order which creates bad image of district administration and state on the other. 8. What was the role and response of various institutions and organizations? (Public institutions, human rights commissions, media, political and non-political organizations).The public institutions like Police, Magisterial Inquiry, CB-CID Investigation and Judiciary were under public scrutiny. The police inquiry was always under suspicion. In 3 out of 6 cases, the final reports were submitted to the court for closer of the cases due to lack of evidences. Other cases are still under investigation. In contrast, 2 cases those were handed over to CBCID charge sheets were filed in the court of law. The institution of Magisterial Inquiry was constituted in 5 cases, out of it; in 4 cases the inquiry reports found police officials responsible for custodial deaths. Despite that no guilty officer(s) were prosecuted for custodial crimes by the government. On the contrary, in case of (Bakerywala), the court wrongly punished the victims of arbitrary arrest and false 265accusation despite the investigation and fact finding done by National Human Rights Commission Team. Thus, in the final picture, it can be said that the victims perception towards State institutions are pessimistic or failed state institutions in terms of punishing the perpetrators of the custodial commissions of crime in police custody. 9. The other institutions like political parties across the ideologies have taken up addressed the issue of custodial crimes through varieties of ways such as joining hands with protestors in protest movement against police administration (Machinewala), even raised the issue in UP State Assembly by BJP MLA (Satawala).Non-Political organizations like Bhartiya Kisan Union (BKU) has taken up only those cases where victims belonged to Jat Community (Machinewala and Driverwala) or having resident of Jat dominated area ( Sattawala case). Similarly, the organization called Majdur Kishan Union (MKU) and Trade Unions like UP Trade Security Forum Committee were selectively involved in some cases ( Chiltwala and Jewellerywala cases). The study clearly shows that civil society organizations were not interested to follow up of cases where the victims belonged to minority and dalit communities (Aropewala, Sikayatwala and Bandwala). 10. The role of media was perceived mixed of responses. In some cases, media was actively involved in identification of victims (Jewellerywala), fact finding investigation (Apropewala). On the other hand the media has played limited or restrict role till the cases registered or post-mortem completed. It was most interest for sensationalizing the issue only (Jewellerywala). 11. Although few Non-government organizations (NGOs) are working on social issues, however, they have not taken up cases of custodial crimes in police custody. 266 9.1 Conclusions: In India, there are attainments in all aspects of governance and development, yet there are many challenges. Even in States where development has been relatively better, there are instances of the poor governance that have contributed to gaps between inherent potentialities of people and the actual realization. One of the instances of poor governance manifested is that threat to life and personal liberty in the face of inadequate State control on law and order( Planning Commission 2005).Police is one of the coercive arms of the governance and assigned task with maintain law and order in society. When the Police takes the liberty of an individual and places him or her in police custody; it assumes full responsibility for the protection of life and liberty of that person by State itself under the obligation of domestic and international human rights laws. India is a welfare state and governed by its Constitution which guarantees life and personal liberty of citizens in general and persons in custody in particular. However, this is deep matter of concern at the growing incident of custodial crimes occurring in different parts of county. Complaints of Abuse of power and torture of suspects into custody of police and other law enforcement agencies having power to detain a person for investigation in connection with interrogation of an offence are on upward trend. Compared with other crimes, custodial crimes are particular heinous and reflecting the betrayal of custodial trust by a public servant against the defenseless citizens in custody. Custodial Crimes violates law, human dignity and human rights codes (152nd Report on Law Commission of India, 1994). The increase in custodial crimes including torture in police custody has increased the significance of human right research in countries like India. Despite India is a party of various International human rights instruments including UN Convention against Torture and Cruel Inhuman Degrading Treatment or Punishment (CAT, 1984), torture continues to be a serious problem. The present study has revealed a solid body of evidence of torture caused custodial crimes in police custody. Torture in police custody has been perceived a serious problem for individuals, next-of-kin or victims families and communities at large. 267Pattern Emerged from the Findings: The following patterns emerged the findings of the study; Poverty and Social Exclusion are closely associated with custodial crimes in police custody; the major reason for custodial crimes in police custody is torture and its relationships with police corruption and collusion with influential people in the society; the multi-dimensional consequences of custodial crimes are physical, psychological, economical, social, political and developmental; the weak institutional mechanisms and impunity to the guilty police officials are major factors for denial of justice to the victims; and the civil society is reluctant to monitor custodial crimes in police custody due to fear & danger to life from police establishment. The increase in custodial crimes including torture in police custody has highlighted significance of human right research in countries like India. Despite India is a party of various International human rights including UN Convention against Torture and Cruel In human Degrading Treatment or Punishment( CAT 1984), torture countries to be serious problem. The present study has revealed a solid body of evidence of torture caused custodial crimes in police custody. Torture in police custody has been perceived a serious problem for individuals, next of kin or victims families and communities at large. To conclude the present study set out six assumptions. Out of six assumptions mentioned below, the three were found fully true-those related to custodial violence, causes and impunity. Two were found partly true like societal acceptance of torture and victims of custodial crimes. One was found false related with the purpose of police torture to deter potential criminals in society. 268The first assumption was that custodial violence is used as a tool to extract confession from accused/ suspects and witnesses in police custody. It is because our confessional based system disbelieves the police in recording confessional statement in police custody as well as non-availability of forensic interrogation tools or techniques in order to investigate the crime by police at police station level (True). The second assumption was that Torture is a main cause for custodial crimes in police custody found true. The field data suggests that by police use torture in different forms such physical, psychological and chemical substances across the cases ( True). The third assumption was that Torture serves the purpose to deterrent on other criminals in society. However, it was found that use of torture by police in custody a source of illegal income through bribe or corruption within police department (False).

The fourth assumption was that victims of custodial crimes belong to poor and marginalized sections of society. The pattern emerged form the finding of the present study is that the individual victims of custodial crimes belong to poor strata of society but across caste and religion. This assumption is partially true. The fifth assumption was that societal acceptability custodial violence as a means to solving crime problem. It was found that some influential and powerful people in the society instigate the police to use torture as a means to control crime however, majority of the people do not subscribe police torture thus this assumption is partially true. The six assumption was that Impunity as legal instruments provides shield for guilty police officials responsible for custodial crimes. It is because the mechanisms and systems are weak to take stringent action against accused police personnel and kind of impunity to them which breed the crimes in police custody. The departmental proceedings and judicial process were found eyewash against guilty police personnel for custodial crimes and the assumption found true (True). 269 2709.2Recommendations: The following recommendations evolved from the findings of the study: 1. The Government of India should ratify the United Nations Convention against Torture at earliest. 2. Custodial Crimes (Prevention, Protection and Compensation) Bill, 2006 which is already pending in the Parliament. This will provide institutional mechanisms for victims participation in the inquiry, investigation and trial stages to ensure their rights to know, fair justice right and rehabilitation as well as safety and security for victims of custodial crimes. 3. Various police related policies such as Police Modernisation Scheme, Model Police Act, 2006 and National Policy on Criminal Justice System should be modified to ensure full participation of victims of custodial crimes in justice delivery. 4. Indian council of Medial Research and National Council of Rehabilitation should ensure that subject on Torture and its causes and consequences to be included in the curricula of Medical and Rehabilitation education respectively. 5. The Government of Uttar Pradesh should enact the Uttar Pradesh Police Act and spell out the role of police in the changing society and accountability to people at large. 6. The State Government should increase the financial support to the dieting amount for detainee in police custody ( as recommended by NHRC Rs. 16 per diet). 7. The Government of Uttar Pradesh should set up District Complaint Authority including academicians, social workers, human rights activists, medical officials and journalists etc (as recommended by the National Human Rights Commission). 8. The Government of Uttar Pradesh should provide compensation packages to the victims of custodial crime and life insurance policy for next of kins and extend mental health for programme for community. 9. Judicial Inquiry in custodial crimes cases should ensure full participation of victims and witnesses apart from others. 27110. The Police Training Academy and Schools should initiate human rights education and training program on custody management for lower level police functionaries such constable and constables. This aside, human rights based interrogation and investigation skills shall be imparted to the Sub-Inspector trainee with latest development of custodial jurisprudence. 11. The District Police Administration should install CCTV camera in all police lock-ups and interrogation rooms as part of ongoing police modernization scheme. 12. Human Rights Court should be constituted in all the districts. These courts shall be mandated for speedy trial of custodial deaths cases in police custody beside others. 13. The district administration should encourage local NGOs and media for research, documentation and monitoring custodial crimes including rehabilitation of victims. Creating more open environment and a human right culture at the police station level, students of social work, law and medial science should encouraged in their concurrent field work (two days in a week). 14. The District Legal Aid Authority in collaboration with BSNL shall start a Helpline for providing free legal aid to the person in detention or lock up. The district administration should provide National Human Rights Commissions instructions to the medical officers engaged in post-mortem examination of custodial deaths cases. 15. The post-mortem of persons died in police custody shall be conducted by a panel of doctors (not by a single doctor) appointed by District Magistrate in consultation with Chief Medical Officer. 16. The functionaries of Local self bodies and Panchayati Raj institutions should be sanitization of human rights education in general and custodial jurisprudence in particular. 17. Civil Society Interface with Police shall be enhanced for a transparent, accountable and community oriented police system. 18. The Media should dedicate a column on human rights at the front page of the daily newspapers and also continue monitor the cases of custodial crimes in all 272steps. There is a strong need to highlight the plight of the victims and witnesses in access to justice. 19. The Non-government organizations should take up the issue of custodial violence and human rights and reach out to the victims families. The NGO should organize workshops on right to information with the police department and local people to ensure transparency in the system and also as one of the anti-corruption strategy. 20. The academic institutions should undertake research studies on various aspects of custodial justice including plight of victims of custodial crimes. APPENDIX-1 Interview Guides