Kerala High Court Urges State Human Rights Commission to Address Custodial Torture Complaints

Court advises petitioners to seek redressal from State Human Rights Commission, while awaiting State's statement on Human Rights Courts.

News Report:

In a significant development, the Kerala High Court has directed petitioners to approach the State Human Rights Commission for addressing complaints related to custodial torture. The court's directive came in response to a petition filed by G. Samuel and others, seeking guidelines for the proper functioning of Human Rights Courts under Section 30 of the Protection of Human Rights Act, 1993.

The Division Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji heard the case (WP(PIL) No. 113 of 2025(S)) on September 16, 2025. The petitioners alleged that the Human Rights Commission was not adequately considering complaints of custodial torture. The court, however, observed that the petitioners had not approached the State Human Rights Commission with their grievances. It emphasized that without such an approach, assumptions about the Commission's inaction were unfounded.

The court expressed confidence that the State Human Rights Commission would address the complaint with due seriousness if a legitimate case was presented. Consequently, the petitioners decided not to press for immediate relief regarding the Human Rights Commission's procedures and opted to first seek redressal through the Commission.

Additionally, the petitioners sought the issuance of guidelines for the effective administration of Human Rights Courts and procedures under Section 30 of the Protection of Human Rights Act. The State Attorney, representing the government, contended that such courts had already been notified in Kerala. He requested time to file a detailed statement regarding the notification and functioning of these courts.

In another related matter, the court touched upon the issue of installing and maintaining CCTV cameras in police stations, a subject currently under consideration by the Supreme Court. The State Attorney assured the court that pertinent information regarding the implementation of CCTV cameras would be submitted in the ongoing petition.

The Kerala High Court's interim order postpones further proceedings on the petition to October 7, 2025, allowing the State Attorney time to prepare a comprehensive statement on the notification and operational status of Human Rights Courts in Kerala.

This case highlights the ongoing judicial scrutiny over human rights protections and procedural efficacy within the state, emphasizing the role of institutional mechanisms like Human Rights Commissions and Courts in safeguarding citizens' rights. As custodial torture remains a grave concern, the court's direction to pursue institutional remedies first underscores the importance of established legal avenues for redressal. The upcoming hearing on October 7 may provide further clarity on the state's commitment to human rights and the operational status of Human Rights Courts.

G.Samuel v. Chief Secretary, Government of Kerala, (Kerala)(DB) : Law Finder Doc Id # 2780220