280. Referring to questions raised about the excessive u8e of force by the police or the army, the representative emphasieed that parts of India, notably the border areas, were suffering from terrorist’outrages, some of them carried out by terrorists who wore the uniforms of the security forces in order to discredit the latter. Against such a background of killing and torture and a deliberate campaign to discredit the security forces, the Government had a duty to protect the nation. There had not, however, been any extrajudicial and very strict rules of investigation were in place to examine executions, Should such a death occur, a magistrate wouXd any deaths in police custody. carry out an investigation and make a preliminary report. There were specific regulations on the use of firearms to disperse unlawful assemblies and also strict rules governing the use of the army to assist a civil power such a8 the police. 281. Specific enaatments provided for action against excessive use of force by the police or the army. Section 4 of the Armed Forces (Special Powers) Act contained many restrictions on the use of armed forces, The u8e of firearm8 against an assembly of five persons or more was authorised only when such an assembly had itself alroady been declared illegal under an order promulgated by a magistrate. Section 7 of the Act, while protecting public servants from arbitrary prosecution, subjected their performance of duty to scrutiny by the Government. 282. Responding to other questions, the representative emphasixed the steps taken by his Government with a view to reducing the infant mortality rate to below 60 per 1,000 live births. That goal could be achieved if the so&o-economic condition8 of the population, including female literacy and the availability of safe water supplies, improved. 283, With reference to that issue, members of the Committee wished to know whether any consideration was being given to updating the Prisons Act, 1976~ what controls had been instituted to ensure that persons arrested or detained were not subjected to torture or cruel, inhuman or degrading treatment; whether there was any machinery for carrying out an independent and impartial investigation into allegations of torture and of summary, arbitrary and extrajudicial executionst and whether the United Nation8 Standard Minimum Rules for the Treatment of Prisoners were complied with and whether the relevant regulations and directives were known and accessible to prisoners. 284. They also wished to receive detailed information regarding procedures for receiving complaint8 under the Bonded Labour System (Abolition) Act, 19761 on arrangements for the supervision of places of detention and on procedure8 for receiving and investigating complaintsr on the scientific classification of Prisoners with a view to preventing exposure to criminals during custody mentioned in the report; on detention in institutions other than prisons and for reasons other than crimest and on any measures taken to give effect to the right of prisoners not to be subjected without free consent to medical or scientific experimentation. Clarification was also requested of the alleged cases of torture and disappearances in the State of Manipur. -7l-

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents