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these areas of armed opposition the security forces are empowered, under the
Terrorist and Disruptive Activities (Prevention) Act (TADA), to arrest
suspects and detain them for up to one year without charge or trial, for
investigation into broadly defined offences.
257. The most common torture methods are severe beatings, sometimes while the
victim is hung upside down, and electric shocks. People have also been
crushed with heavy rollers, burned, stabbed with sharp instruments, sexually
mutilated and had objects such as chilies or thick sticks forced into their
rectums. Rape and ill-treatment of women by the police seems to be widespread
throughout the country. In the north-east states and Jammu and Kashmir, there
is a pattern of rape of women by the army and paramilitary forces for
perceived support for armed insurgents.
258. The police are protected from prosecution by the Code of Criminal
Procedure for acts committed while on official duty. In parts of the country
in which armed opposition is active, immunity from prosecution is explicitly
sanctioned by specific legislation. Thus, in exercising the powers provided
in the Armed Forces (Special Powers) Act, currently in force in Punjab, Jammu
and Kashmir, and Assam and other north-east States, the security forces are
granted immunity in advance from possible prosecution. Ordinary legal
safeguards do not apply. Section 6 of the Act reads: "No prosecution, suit
or other legal proceeding shall be instituted, except with the previous
sanction of the Central Government, against any person in respect of anything
done or purported to be done in the exercise of the powers conferred by this
Act". In addition, the Code of Criminal Procedure (Amendment) Bill adopted in
September 1991 protects all government officers from any prosecutions for
actions taken in the course of duty when a State is under direct rule from the
central Government. In those States, officials may be prosecuted only with
the central Government's permission.
259. In addition to this, several well-established procedural techniques for
evading prosecution for human rights violations provide informal but effective
impunity for police and security forces throughout the country. These include
the failure to register complaints, acknowledge detention or to apply other
legal safeguards; denial of responsibility; falsification of judicial records
and post-mortem reports, sometimes by having them carried out at police
hospitals; intimidation of witnesses and complainants; and influencing police
inquiries by having them conducted by police from the same branch and delaying
their outcome and prosecutions. These techniques are supported by
institutional practices and official policies which provide minimal sanctions
against those few police or soldiers who are held accountable for custodial
violence.
260. In these circumstances, relatives have rarely succeeded in initiating
criminal prosecutions of police officers allegedly responsible for torture.
On the other hand, redress for the victims or their families is almost
impossible to obtain; most of them have neither the information nor the
resources required to seek it. Faced with a failure by the authorities to
prosecute, some relatives have brought private complaints. However, these are
hard to substantiate because most inquiries into custodial deaths, for
example, if held at all are conducted by a member of the civil service and not
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