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A 2007 government-sponsored study of 12,500 interviews with children in 13 Indian states, said that 53 percent of the children reported having been sexually abused in some way, but only three percent of the cases were reported to the police.
Sexual abuse of children happens everywhere, Ganguly said, but in India the official response to it compounds the problem. In one episode, a 12-year old girl who reported to the police that she had been raped by a man from a politically connected family was locked in jail for almost two weeks, the report found. The police insisted that she change her story, it said.
These views are shocking, but by no means confined to these men. They are aired day in and day out by khap panchayats, police officials, Sangh Parivar luminaries, judges and ministers, including most recently, Haryana Chief Minister and long-standing RSS functionary ML Khattar.
Reports of custodial death cases, in which prisoners or detainees were killed or died in police and judicial custody, continued. On July 16, MHA Minister of State G. Kishan Reddy told the lower house of parliament that the NHRC registered 1,933 cases of custodial deaths between 2018 and 2019, of which 1,797 were deaths in judicial custody, while 136 deaths occurred under police custody.
On March 7, Gufran Alam and Taslim Ansari were found in a police station in Dumrah, Bihar State, with nails hammered into their bodies. They had been taken into police custody for allegedly stealing motorcycles. Both died before they reached the hospital; on March 12, media accounts noted the suspension of five police officers for involvement in the deaths. In April the NGO Citizens against Hate petitioned the Supreme Court, alleging that the Bihar police and the doctors who conducted the postmortem colluded to cover up the crime. In June the Supreme Court heard the plea but issued no decision. The Bihar Human Rights Commission started a case on its own motion that confirmed custodial torture. On October 1, the commission ordered the Bihar government to pay compensation to the families of Alam and Ansari.
The trial regarding the custodial death of Rakbar Khan continued. Rajasthan police filed charges in September 2018 and arrested a fourth suspect in August. In July 2018 authorities suspended a senior police officer in Rajasthan after cattle trader Rakbar Khan died in police custody. Villagers reportedly assaulted Khan on suspicion of cow smuggling before authorities picked him up. Police took four hours to transport Khan to a local hospital 2.5 miles away, reportedly stopping for tea along the way, according to media sources. Doctors declared Khan dead upon arrival. State authorities arrested three individuals in connection with the assault and opened a judicial inquiry into the incident.
Formal charges have yet to be filed in the 2018 killing of Rising Kashmir editor in chief Shujaat Bukhari and his two police bodyguards. In June 2018 unidentified gunmen in Srinagar shot and killed Bukhari and the two bodyguards as they departed the office. A police investigation alleged that terrorists belonging to Lashkar-e-Tayyiba targeted Bukhari in retaliation for his support of a government-backed peace effort; the prime suspect was killed a shootout with police.
In January the Central Bureau of Investigation (CBI) filed charges against 10 Manipur police personnel for their alleged involvement in a fake encounter incident in 2009. This was the eighth time the CBI filed charges while probing 87 of the 1,528 cases of extrajudicial killings allegedly perpetrated by the army, paramilitary forces, and Manipur police between 1979 and 2012. In 2018 the CBI filed charges against 20 Manipur police personnel; the Supreme Court has not held a hearing in the case since September 2018.
There were allegations police failed to file required arrest reports for detained persons, resulting in hundreds of unresolved disappearances. Police and government officials denied these claims. The central government reported state government screening committees informed families about the status of detainees. There were reports, however, that prison guards sometimes required bribes from families to confirm the detention of their relatives.
There were allegations of enforced disappearance by the Jammu and Kashmir police. Although authorities denied these charges and claimed no enforced disappearance cases had occurred since 2015, the Association of Parents of Disappeared Persons submitted inquiries for 639 cases of alleged disappearance in Jammu and Kashmir. In July 2018 the Jammu and Kashmir State Human Rights Commission ordered its police wing to investigate these cases. No further information was provided about this investigation.
The law does not permit authorities to admit coerced confessions into evidence, but NGOs and citizens alleged authorities used torture to coerce confessions. Authorities allegedly also used torture as a means to extort money or as summary punishment. According to human rights experts, the government continued to try individuals arrested and charged under the since-repealed Prevention of Terrorism Act and Terrorist and Disruptive Activities Act. Under the repealed laws, authorities treated a confession made to a police officer as admissible evidence in court.
In the state of Haryana, there were reports of abuse in prisons at the hands of guards and inmates. On August 25, the Haryana State Legal Services Authority released a study by the NGO Commonwealth Human Rights Initiative of all 19 prisons in the state. The NGO spoke with 475 prisoners between December 2017 and May 2018 and found that nearly 50 percent of inmates, both men and women, were allegedly subjected to degrading and inhuman treatment in police custody. The prisoners reported being assaulted with electric shocks, water boarding, and sleep deprivation.
On April 27, Abdul Mannan, a migrant street vendor from Uttar Pradesh, died in police custody in Warangal District of Telangana. The police picked up Mannan and five others from the street and allegedly subjected him to physical and mental torture, besides denying medical help. The Telangana State Minority Commission issued a notice to the Warangal District police commissioner to submit a report on this case.
On March 17, police in the Jajpur District of Odisha picked up human rights activist Tapan Padhi from his residence close to midnight and allegedly tortured him in police custody for two days. Police filed cases against him under several sections, including Section 66A of the Information Technology Act that was struck down by the Supreme Court, charging him with posting derogatory comments against police on Facebook. The Odisha Human Rights Commission sought a report from police on the incident.
There were continued reports that police raped female and male detainees. The government authorized the NHRC to investigate rape cases involving police officers. By law the NHRC may also request information about cases involving the army and paramilitary forces, but it has no mandate to investigate those cases. NGOs claimed the NHRC underestimated the number of rapes committed in police custody. Some rape victims were unwilling to report crimes due to social stigma and the possibility of retribution, compounded by a perception of a lack of oversight and accountability, especially if the perpetrator was a police officer or other official. There were reports police officials refused to register rape cases.
In May 2018 the NHRC issued notices to all states and union territories seeking statistical reports on the number of children who lived with their mothers in jails. The commission issued notices based on a media report that 46 children, including 25 boys and 21 girls, were in jails with their mothers.
Authorities permitted prisoners to register complaints with state and national human rights commissions, but the authority of the commissions extended only to recommending that authorities redress grievances. Government officials reportedly often failed to comply with a Supreme Court order instructing the central government and local authorities to conduct regular checks on police stations to monitor custodial violence.
According to human rights NGOs, some police used torture, mistreatment, and arbitrary detention to obtain forced or false confessions. In some cases police reportedly held suspects without registering their arrests and denied detainees sufficient food and water.