NATIONAL STANDARDS

 






Regional Documents
I. Relevant National Legislations

  1. Anti-Apartheid (United Nations Convention) Act, 1981


  2. Armed Forces (Special Powers) Act, 1958 (Immunity under Special Acts)


  3. Army Act, 1950


  4. Border Security Force Act 1968


  5. Code of Criminal Procedure, 1973


  6. Commission of Sati (Prevention) Act, 1987


  7. Constitution of India


  8. Dowry Prohibition Act, 1961


  9. Evidence Act, 1872.


  10. Geneva Convention Act, 1960


  11. Indian Penal Code, 1860


  12. Juvenile Justice Care and Protection of Children Act, 2000


  13. Mental Health Act, 1987


  14. National Commission for Women Act, 1990


  15. Police Act, 1861


  16. Prisons Act, 1894


  17. Protection of Civil Rights Act, 1955


  18. Protection of Human Rights Act, 1993


  19. Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989


II. Relevant cases towards prevention, protection and remedies against torture

Custodial violence

  1. Bhagwan Singh and Anr. v. State of Punjab, 1992 (3) SCC 249 (accused were police officers and deceased died in their custody but dead body not traced - witnesses establish fact that deceased arrested and severely beaten up - accused convicted).



  2. Gauri Shanker Sharma v. State of U.P., AIR 1990 SC 709 (Death in police custody must be seriously viewed for otherwise we will help take a stride in the direction of police raj. It must be curbed with a heavy hand.).



  3. Khatri v. State of Bihar (II), AIR 1981 SC 928a (blinded prisoners - directions issued by Court regarding payment of cost of their treatment, lodging and boarding and further stayed trial till its compliance but not investigation of offences alleged to have been committed by blinded prisoners).



  4. Munshi Singh Gautam (D) and Ors. v. State of M.P., AIR 2005 SC 402 (Custodial violence - importance of identification test).



  5. Raghubir Singh v. State of Haryana, AIR 1980 SC 1087 (urgency of stamping out vice of third degree).



  6. Saheli v. Commission of Police, AIR 1990 SC 513 (the State is responsible for the tortious acts of its employees - State was held liable to pay compensation payable to the mother of the deceased who died as a result of beating and assault by the police).



  7. Sebastian M. Hongary v. Union of India, (II) (1984) 3 SCC 82 (in a writ of habeas corpus, exemplary costs to be awarded on failure of the detaining authority to produce the missing persons, on the conclusion that they were not alive and had met an unnatural death).



  8. Sebastian M. Hongray v. Union of India (UOI) and Ors., (I) AIR 1984 SC 571(in a petition for writ of habeas corpus, the burden obviously on the respondents to make good the positive stand - when it is shown that the person detained was last seen alive under the surveillance, control, and command of the detaining authority).



  9. Smt. Nilabati Behera @ Lalita Behera v. State of Orissa and Ors., AIR 1993 SC 1960 (where State or its servant in purported exercise of their powers contravenes fundamental right - aggrieved person claims enforcement of fundamental right by resort to remedy in public law by recourse to Articles 32 and 226).



  10. Smt. Shakila Abdul Gafar Khan v. Vasant Raghunath Dhoble and Anr., AIR 2003 SC 4567 (custodial violence).



  11. State of Andhra Pradesh v. Venugopal, AIR 1964 SC 33 (no provision of law that authorized police officers to torture the suspects during investigation).



  12. State of M.P. v. Shyamsunder Trivedi and Ors., (1995) 4 SCC 262 (death in custody - circumstantial evidences if sufficiently correlated and reliable can lead to conviction in absence of direct evidence especially when presumption of having caused injury/death not rebutted).



  13. State of Uttar Pradesh v. Ramsagar Yadav, AIR 1985 SC 416 (Custodial death - urged that the law as to the burden of proof in such cases may be re-examined by the legislature so that hand-maids of law and order do not use their authority and opportunities for oppressing the innocent citizens who look to them for protection).



  14. Sube Singh v. State of Haryana and Ors., AIR 2006 SC 1117 (determining cases of custodial violence).



Prisoner’s rights

  1. A.K. Roy v. Union of India, AIR 1982 SC 710. (detenu to be kept separately from convicts - the government to afford all reasonable facilities to the detenues for an existence consistent with human dignity)



  2. Francis Coralie Mullin v. Union Territory of Delhi, AIR 1981 SC 746. (right to live does not mean mere animal existence but covers a variety of rights)



  3. Inder Singh v. State, AIR 1978 SC 1091 (humanizing influences must be brought to bear upon convicts so that a better sense of responsibility, a kindlier attitude, behavioral maturity and values of a good life may be generated under controlled conditions.).



  4. Kewal Pati (Smt.) v. State of U.P. and Ors., 1995 (3) SCC 600 (convict killed in jail by co-accused - entitled State protection - compensation granted).



  5. Kishore Singh v. State of Rajasthan, AIR 1981 SC 625 (treatment of prisoners).



  6. Prem Shankar v. Delhi Administration, AIR 1980 SC 1535 (handcuffing - cannot be made routinely - made on reasonable grounds - escorting officer has to get approval Judicial Officer).



  7. Sheela Barse v. State of Maharastra, AIR 1983 SC 378 (direction issued for providing fast and efficient legal assistance to prisoners in jail and to provide protection to women prisoners in lock-ups).



  8. State of Maharashtra v . Ravikant S. Patil, (1991) 2 SCC 373 (an undertrial prisoner, who was handcuffed and taken through the streets in a procession by the police during investigation was held to be violation of the fundamental right under Article 21 - compensation awarded).



  9. Sunil Batra v. Delhi Administration, (I), AIR 1978 SC 1675 (solitary confinement is unconstitutional).



Illegal detention

  1. Arvinder Singh Bagga v. State of Uttar Pradesh, AIR 1995 SC 117 (State shall pay compensation to all persons illegally detained and humiliated for no fault of theirs).



  2. Bhim Singh v. State of J&K, AIR 1986 SC 494 (imprisoned with mischievous or malicious intent - granted compensation).



  3. Rudul Sah v. State of Bihar, AIR 1993 SC 1086 (illegal detention "State to pay compensation as interim measure - petitioner without prejudice to interim compensation awarded may bring suit for damages against State").



Right of the Accused

  1. Abdul Rehman Antulay v. R.S.Naik, AIR 1992 SC 1701. (right to speedy trial - flowing from Art. 21 encompasses all the stages - investigation, inquiry, trial, appeal, revision and re-trial)



  2. D.K. Basu v. State of West Bengal, AIR 1997 SC 610. (detail guidelines on arrest)



  3. Hussainara Khatoon v. Home Secretary, State of Bihar (I), AIR 1979 SC 1360 (speedy trial is an integral and essential part of the fundamental right of life and liberty enshrined in Article 21).



  4. Hussainara Khatoon v. Home Secretary, State of Bihar (II), AIR 1979 SC 1369 (speedy trial - charge-sheet has not been filed by the police within the period of limitation provided for in Section 468 cannot be proceeded against at all and released the accused forthwith).



  5. Hussainara Khatoon v. Home Secretary, State of Bihar (III), AIR 1979 SC 1819 (State cannot avoid its constitutional obligation to provide speedy trial to the accused by pleading financial or administrative inability).



  6. Hussainara Khatoon v. Home Secretary, State of Bihar (IV), AIR 1979 SC 1377 (insisting on bringing about norms for speedy disposal of cases).



  7. Hussainara Khatoon v. Home Secretary, State of Bihar (V), AIR 1979 SC 1819 (speedy trial).



  8. Hussainara Khatoon v. Home Secretary, State of Bihar (VI), (1995) 5 SCC 326 (speedy trial).



  9. Joginder Kumar v. State of Uttar Pradesh, AIR 1994 SC 1349. (regarding arrest)



  10. Khatri v. State of Bihar (I), AIR 1981 SC 928 (compensation for violation of right to life and personal liberty - accused entitled to free legal aid).




Rights of a witness

  1. Nandini Sathpathy v. P.L. Dani, AIR 1978 SC 1025 (testimony of witness as evidence - right of silence).



  2. State of Bombay v. Kathi Kalu Oghad, AIR 1961 SC 1808 (laid down the parameters to consider a person as an ‘witness’).



  3. Zahira Habibulla H. Sheikh and Anr. v. State of Gujarat and Ors., (2004) 4 SCC 158 (Protection of witness and fair trial).



Right to Privacy

  1. Govind v. State of Madhya Pradesh, AIR 1975 SC 1378 (right to privacy - domiciliary visits to be only confined to cases of habitual criminals and where there is "the clearest cases of danger to community security")



  2. Kharak Singh v. State of U.P. and Ors., AIR 1963 SC 1295 (domiciliary visits under U.P. Police Regulations - violative of Article 21 of the Constitution of India)



  3. People’s Union of Civil Liberties v. Union of India, AIR 1997 SC 568 (telephone-tapping - right to privacy - a part of Article 21).



  4. State of Maharastra v. Madhukar Narayan Mardikar, AIR 1999 SC 495 (even a woman of easy virtue is entitled to her privacy and no one can invade her privacy as and when he likes)




Procedural aspects

  1. Dhananjay Sharma v. State of Haryana, AIR 1995 SC 1795 (right of personal liberty cannot be interfered except in accordance with law - tendering false evidence by way of affidavit is an offence and severe punishment as deterrent must be given).



  2. Khatri v. State of Bihar (III), AIR 1981 SC 1068 (State cannot resist production of documents and their use as evidence that relates to investigation carried out to discharge official duty entrusted by State Government).



  3. M.P Sharma v. Satish Chandra, AIR 1954 SC 300. (protection of Art. 20(3) not only confined to testimony but also production of a thing or of evidence by other modes)




Fake encounter
  1. People’s Union of Civil Liberties v. Union of India, AIR 1997 SC 1203 (fake encounter - prosecution of concerned police officials and also award compensation to families of deceased).




Detention of children

  1. Munna v. State of Uttar Pradesh, (1982) 1 SCC 545 (detention for children under the age of 16 years).




Detention of women

  1. Dr. Upendra Baxi (I) v. State of Uttar Pradesh and Anr., (1983) 2 SCC 308 (compliance with rules in case of admission and discharge of female inmates to care home).



  2. Dr. Upendra Baxi and Ors. (II) v. State of U.P. and Ors, AIR 1987 SC 191. (detailed directions to the State Government seeking improvement of the living condition of the female inmates).



  3. Vikram Deo Singh Tomar v. State of Bihar, AIR 1988 SC 1782. (Against inhuman condition of living in the care homes)
    4.

Violence against women

  1. Delhi Domestic Working Women's Forum v. Union of India, (1995) 1 SCC 14. (laying down broad parameters in assisting the victims of rape).



  2. Dinesh @ Buddha v.State of Rajasthan, AIR 2006 SC 1267 (Prohibition of mentioning names of rape victims in the Court Judgment).



  3. Rameshwar v. The State of Rajasthan, AIR 1952 SC 54 (circumstantial evidence of accused's connection with crime would be sufficient corroboration).



  4. State of Himachal Pradesh v. Raghubir Singh, (1993) 2 SCC 622. (conviction can be recorded on the sole testimony of the prosecutrix in a rape case).



  5. State of Punjab v. Gurmit Singh and Others, AIR 1996 SC 1393 (laid down guidelines for conducting a rape trial).



  6. The Chairman, Railway Board & Ors. v. Mrs. Chandrima Das & Ors., AIR 2000 SC 988. (Offence of rape is violation of fundamental right to life under Article 21 and foreign citizens are entitled to protection).



  7. Vishaka and others v. State of Rajasthan and Others, AIR 1997 SC 3011 (framed various guidelines against sexual harassment of women at work place).




Violence against Children

  1. Sakshi v. Union of India, AIR 2004 SC 3566. (Guidelines for dealing with cases of sexual/child abuse)



  2. Parents Forum for Meaningful Education and Another v. Union of India and Another, AIR 2001 Delhi 212 (corporal punishment in schools is unconstitutional).




Medico-legal cases

  1. Parmanand Katara v. Union of India, AIR 1989 SC 2039 (duty of the medical professional to render all sorts of assistance in cases of emergency when called upon - no legal impediments in this respect).



  2. Paschim Banga Khet Mazdoor Samity and others v. State of West Bengal and another, AIR 1996 SC 2426 (compensation for medical negligence under public law).




Right of the Press

  1. Sheela Barse v. State of Maharastra, (1987) 4 SCC 373 (journalists entitled to collect information from prisons complying regulations).


    2.

Police Reforms

  1. Prakash Singh v. Union of India, (2006) 8 SCC 1 (guidelines regarding Police Reforms)




III. Relevant National Documents


III A. Law Commission of India Reports: (all the reports have not been incorporated)

  1. No. 172: Review of Rape Laws



  2. No. 177: Law relating to Arrest (Part I and II)



  3. No. 185: Report of the Review of the Evidence Act, 1872 (Part I to V)





III B. National Human Rights Commission: Instructions/Guild lines Issued:

  1. Custodial deaths/Rapes



  2. Visits to Police lock-ups/Guidelines on Polygraph Tests and Arrests.



  3. Human rights in Prisons.



  4. Measures to Improve Police-Public Relationships.





  • III C. Selected Recommendations of the Malimath Committee on Reforms of Criminal Justice System



  • III D. Selected Recommendations of National Police Commission.