Mains – 29th Oct 23

Custodial Violence

Why in news?

Recently, Supreme Court commented on Custodial violence.

 

About

• 151 people died in police custody in the year 2021 as per NHRC.
• 1,569 deaths in judicial custody were recorded in the year 2020 by NHRC

Physical Violence – Psychological Violence – Sexual Violence

Causes of Custodial Violence

• Absence of anti-torture law
• Archaic police
• Lack of awareness
• Lack of proper training
• Overburdened police

 

Indian Laws dealing with custodial violence

• Art 20 (1): no person shall be convicted of any offence except for the violation of law in force at the time of the commission of the offence. No person shall be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
• Art 20 (2): no person shall be prosecuted and punished for the same offence more than once.
• Art 20 (3): no person shall be compelled to be a witness against himself. This stops the authorities from coercing the accused to provide evidence.
• Art 21
• Art 22: Article 22(1) provides that no person shall be arrested without being informed about the grounds of arrest nor shall he be denied access to a lawyer. Article 22(2) provides that every person who is arrested shall be produced before the magistrate within 24 hours of such arrest excluding the time taken for the journey from the police station to the magistrate.
• Code of Criminal Procedure: Relating to procedure of arrest.
• Indian Evidence Act 1872
• Police Act 1861

Supreme Court Judgement

Nilabati Behera vs. State of Orissa, 1993

• The court held that providing compensation is the responsibility of the State.

 

DK Basu vs State of Bengal 1997

• This case is important because the Supreme Court in this case recognised custodial violence and police brutality.
• It stated that custodial violence is an attack on the dignity of a human being.
• SC laid down various guidelines that needs to be followed while making arrest.

 

Rudul Shah vs State of Bihar, 1983

• SC held that if an individual’s fundamental right is violated by the wrongful act of the State, then that individual is entitled to compensation.

 

Paramvir Singh Saini Case 2020

SC directed the state governments to install CCTV cameras in police stations. Court also reiterated its earlier guidelines and added few more.

 

273^rd Report of Law Commission

• Define custodial torture.
• Draft Prevent of Torture Bill 2017.
• Ratify Convention Against Torture.
• Amend CrPC and Indian Evidence Act to incorporate compensation etc.

 

Related International Conventions:

• International Human Rights Law, 1948 contains a provision which protects people from torture and other enforced disappearances.
• The United Nation Charter, 1945 also (clearly) calls for treating prisoners with dignity.
• The Nelson Mandela Rules, 2015 were adopted by the UNGA to treat prisoners with inherent dignity and to prohibit torture and other ill-treatment.

 

Prevention of Torture Bill 2010

It was introduced to curb the problem of custodial violence. The bill had defined torture and had proposed a punishment of a minimum of 3 years and extended to 10 years in prison along with a fine for the perpetrators of this crime.

 

Role of NHRC

It acts as a watchdog over the police and issues guidelines on the process to be followed in case of custodial deaths. It has been given powers that are equivalent to a civil court. One of its main features includes the ability to conduct suo motu inquiries. This ability somewhat acts as a deterrent. This is because, when the policemen are aware of the fact an organisation is actively keeping a tab on their malpractices, they refrain from continuing with such practices to avoid falling into trouble.

 

 

Non-Communicable Diseases in India

Why in news?

Recent Report by Min of Health + ICMR + MDRF = growing burden of non-communicable diseases in India.

Important Findings

• India has 101 million individuals with diabetes. Around 136 million people with prediabetes.
  • Goa, Puducherry, and Kerala have the highest prevalence of diabetes, with rates approaching 25-26.4%.
• 315 mn with hypertension
• 254 mn obese, 351 mn abdominal obesity
  • 28.6% Indians are obese and 39.5% have abdominal obesity.  While 50% have abdominal obesity.
• 213 mn had fat accumulation in arteries increasing the risk of attacks and strokes
  • 185 mn individuals had elevated low density lipoprotein (LDL) cholesterol.
• Urban regions had higher rates of all metabolic NCDs than rural areas, with the exception of pre-diabetes.

 

Non-Communicable Diseases

• Noncommunicable diseases (NCDs), also known as chronic diseases, tend to be of long duration and are the result of a combination of genetic, physiological, environmental and behavioural factors.
• The main types of NCD are cardiovascular diseases (such as heart attacks and stroke), cancers, chronic respiratory diseases (such as chronic obstructive pulmonary disease and asthma) and diabetes.
• Noncommunicable diseases (NCDs) kill 41 million people each year, equivalent to 74% of all deaths globally.
• Each year, 17 million people die from a NCD before age 70; 86% of these premature deaths occur in low- and middle-income countries.
• Of all NCD deaths, 77% are in low- and middle-income countries.

 

Risk Factors

• Modifiable behaviours, such as tobacco use, physical inactivity, unhealthy diet and the harmful use of alcohol, all increase the risk of NCDs.
• Metabolic risk factors contribute to four key metabolic changes that increase the risk of NCDs:
  • raised blood pressure;
  • overweight/obesity;
  • hyperglycemia (high blood glucose levels); and
  • hyperlipidemia (high levels of fat in the blood).

 

Initiatives taken by India

• National Programme for Prevention & Control of Non-Communicable Diseases (NP-NCD), previously known as National Programme for Prevention and Control of Cancer, Diabetes, Cardiovascular Diseases and Stroke (NPCDCS) is being implemented under the National Health Mission (NHM).
• The Central Government is implementing the Strengthening of Tertiary Care Cancer facilities scheme to support the setting up of State Cancer Institutes (SCI) and Tertiary Care Centres (TCCC) in different parts of the country.
• Oncology in its various aspects has a focus in case of new AIIMS and many upgraded institutions under Pradhan Mantri Swasthya Suraksha Yojana (PMSSY).
• Affordable Medicines and Reliable Implants for Treatment (AMRIT) Deendayal outlets have been opened at 159 Institutions/Hospitals with an objective to make available Cancer and Cardiovascular Diseases drugs and implants at discounted prices to the patients.
• Jan Aushadhi stores are set up by the Department of Pharmaceuticals to provide generic medicines at affordable prices.