National Human Rights Commission (NHRC)
Faridkot House, Copernicus Marg,
Tel.No. 23382742, Fax No. 23384863
E-Mail: email@example.com, firstname.lastname@example.org
Date: November 24, 2012
Subject- Letter to NHRC on the brutal assault on Yusuf, a convict by jail guard Sunil Yadav in Bhopal Jail, former MLA, Dr Sunilam on hunger strike
This is with reference to the brutal assault on Yusuf, a convict by jail guard Sunil Yadav in Bhopal Jail on November 22, 2012. Yusuf, the victim is bleeding with head injuries. In protest, Dr Sunilam, former MLA is on hunger strike since November 23, 2012. We are deeply concerned about the dreadful incidents of barbarous atrocities by the jail authorities of the Madhya Government.
We submit that Yusuf’s right against torture, cruel and degrading punishment has been violated.
We recall how the Hon’ble Supreme has held that “Convicts are not by mere reason of the conviction denuded of all the fundamental rights which they otherwise possess.” (Sunil Batra Vs. Delhi Administration., 1978)
We wish to draw your attention towards NHRC’s recommendations made in 1993 wherein NHRC took cognizance of the disturbing conditions of the prison and violation of the basic human rights such as physical violence/torture.
We submit that prison sentence has to be carried out as per Hon’ble Court’s orders and no additional punishment can be inflicted by the prison authorities without sanction (Sunil Batra vs. Delhi Administration., 1978) but Yusuf’s human rights have been violated in violation of the Hon’ble Court order.
We submit that the United Nations has also provided several standards and guidelines, through minimal rules or basic principles in the treatment of prisoners (United Nations 1977).
We seek your immediate intervention to protect the rights of Yusuf who has been subjected to cruel treatment by the jail guard.
We submit that India is a signatory to the Universal Declaration of Human Rights which states that: “No one shall be subject to torture or cruel, inhuman or degrading treatment of punishment” (UDHR, 1948) Besides this United Nations Covenant on Civil and Political Rights which states that “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person”. (UNICCPR, 1966)
In view of the above, we seek your urgent intervention to save the life and health of Yusuf, the victim and Dr Sunilam who is on hunger strike against Yusuf’s victimization.
Indian National Social Action Forum (INSAF)
New Delhi, Tel:91-11-65663958, Fax: 91-11-26517814
Citizens Forum for Civil Liberties (CFCL), New Delhi