DILIP K. BASU versus STATE OF WEST BENGAL & ORS.

DILIP K. BASU versus STATE OF WEST BENGAL & ORS.

States where State Human Rights Commissions have not been constituted are under a statutory duty to do so; governments must fill vacancies, set up Human Rights Courts, install CCTV cameras in prisons, consider installation in police stations, appoint non-official visitors and deploy women constables, and launch...

Source-derived case information.

Parties
Petitioner: Dilip K. Basu; Respondent: State of West Bengal & Ors.
Jurisdiction
India
Judgment Date
24 July 2015
Procedural Posture
Criminal Miscellaneous Petition (crl. M. P.) Under Article 32 / Final Order
Outcome
Petitions disposed of
Legal Topics
Custodial Deaths, Police Torture, Protection of Human Rights, Establishment of State Human Rights Commissions, Human Rights Courts, CCTV in Police Stations and Prisons, Appointment of Non Official Visitors, Women Constables Deployment
Human Rights Constitutional Law Criminal Law Custodial Deaths Police Torture Protection of Human Rights Establishment of State Human Rights Commissions Human Rights Courts +3 more

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Parties

Dilip K. Basu

Petitioner

State of West Bengal & Ors.

Respondent

Procedural Posture

Criminal Miscellaneous Petition (crl. M. P.) Under Article 32 / Final Order

Legal Issues

  1. 1 Failure to establish State Human Rights Commissions and Human Rights Courts by certain States
  2. 2 Incidence and prevention of custodial deaths and tortures in police stations and prisons
  3. 3 Implementation of procedural safeguards and infrastructural measures to curb human rights violations

Ratio Decidendi

States where State Human Rights Commissions have not been constituted are under a statutory duty to do so; governments must fill vacancies, set up Human Rights Courts, install CCTV cameras in prisons, consider installation in police stations, appoint non-official visitors and deploy women constables, and launch prosecution where custodial death or injury occurs.

Court Disposition

Petitions disposed of

Orders

  • States of Delhi, Himachal Pradesh, Mizoram, Arunachal Pradesh, Meghalaya, Tripura, and Nagaland to set up State Human Rights Commissions within six months.
  • All vacancies for Chairperson or Member of SHRC to be filled within three months.