Not Just Criminal, Check Medical History Too: Uttar Pradesh Police’s New Circular To Prevent Custodial Deaths

Not only criminal history, the Uttar Pradesh police will also scan the medical history of an offender before taking him/her into custody. The move is part of the new guidelines issued by the police on custodial deaths and deaths due to torture.

The UP Police, in its three-page circular, termed custodial death as “an inhuman crime, the onus of which rests on the police” and also spelled out dos and don’ts to be kept in mind while bringing anyone to the police station for questioning.

The guidelines, issued by Prashant Kumar, Director General of Police (DGP), UP Police, direct police officers to handle people with comorbidities with care. “Of late it has been observed that some people with comorbidities or due to some disease died in custody. In order to check such occurrences, it should be made sure that before bringing any person to the police station for questioning is not already suffering from any serious disease,” read the guidelines.

UP Police’s guidelines further state that a person with comorbidities and serious diseases should not be brought to the police station. “In case, if there is a need to bring them to the police station, the cops should make sure that the person is admitted to the nearby hospital if the person’s health deteriorates,” the guidelines state.

The circular states that custodial deaths not only tarnish the image of the police but also adversely affect law and order. It focusses on ensuring compliance with orders from the National Human Rights Commission (NHRC). “No person should be brought or made to sit in the police station without informing the Police Station Incharge or the Chowki Incharge. If a person is brought to the post for any reason, proper documentation should be done immediately,” the guidelines specify.

Additionally, the guidelines mandate that when placing a person in lockup, they should not have any other clothes. “It should be ensured that there are no items such as window pegs, open wires, strings, ropes, towels, blades, matchboxes, nails, or pointed objects within the lockup as these can be used for self-harm,” the guidelines state. The police officers are instructed to maintain vigilant surveillance over individuals in custody to prevent any untoward incidents.

The guidelines mandate the Circle Officer or Additional Superintendent of Police to conduct regular surprise inspections of police stations to ensure no illegal detentions. In the event of a death in police custody, a report must be sent to the NHRC, and the panchnama of the deceased should be completed by a Magistrate. Additionally, the medical examination and post-mortem must be conducted by a doctor, with the video of the post-mortem sent to the Human Rights Commission for review. These guidelines are meant for guidance and compliance, emphasising that other circumstances should be examined with discretion, and appropriate actions should be taken to curb such incidents effectively. Police personnel who violate these instructions should be identified and punished to prevent untoward incidents, the circular states.