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-
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