The Special Rapporteur received a number of reports concerning human rights violations in India. In particular, the Special Rapporteur was informed about the persistence of numerous violations of the right to life in Jammu and Kashmir. While armed separatists were said to be responsible for kidnapping and killing government officials as well as members of paramilitary forces and civilians, serious concerns have been expressed over a large number of killings by the Indian security forces. Very often, these killings were said to be the result of torture and ill-treatment in custody. Since the middle of 1992, the numbers of deaths in police and military custody have reportedly risen sharply. In many cases, the detainees were reported to have died after torture, shortly after their arrest. As in past years, torture was said to be widespread throughout India to extract confessions or information. Allegedly, the victims even included policemen. The Special Rapporteur was informed that, in March 1993, the occurrence of killings of detainees had been admitted by a senior Kashmiri official. 

According to the information received, the Minister of State for Home Affairs and the  governor of Jammu and Kashmir have both stated that every death in custody would have to be accounted for and that the sternest possible action would be taken against those responsible for those killings. It was alleged, however, that this was rarely done. Inquiries were said to be carried out by police or army officials rather than by an independent and impartial body. Allegedly, their findings were almost never published. The Governor of Jammu and Kashmir was said to have ordered several investigations into human rights abuses. In one case, this reportedly led to charges of murder being brought against the Director of the Border Security Forces (BSF). According to information forwarded to the Special Rapporteur by the Indian authorities, action was taken against 171 members of the security forces in Jammu and Kashmir for human rights abuses. Such action consisted of imprisonment for several months and, in some cases, years, of security forces personnel, as well as dismissals from service, reductions in rank, suspensions or other departmental penalties. The authorities also informed the Special Rapporteur that during 1992, action was taken against 37 security forces personnel in Punjab.

According to information provided by the Government of India, between 1988 and 1992, armed separatists were responsible for the killing of 4,602 persons, including 508 members of the security forces, in Jammu and Kashmir...

During his visit to Geneva in November 1993, the Special Rapporteur met with representatives of the Government of India who informed him about efforts made by the Indian authorities to ensure full respect for human rights. In particular, a Human Rights Commission Bill had been prepared by the Government and introduced in Parliament on 14 May 1993. On 28 September 1993, the Government of India issued the Protection of Human Rights Ordinance 1993 providing for the establishment of a National Human Rights Commission, State human rights commissions and human rights courts. The Special Rapporteur was also provided with details on a number of killings committed by armed separatists in Jammu and Kashmir….The Government of India informed the Special Rapporteur on repeated occasions that most human rights violations occur in the context of fighting terrorist movements in the States of Jammu and Kashmir and Punjab. The Government also stated that even in such circumstances, no extrajudicial executions should occur. The Special Rapporteur entirely agrees with the Government of India that respect for the right to life must be fully ensured, even where the security forces are faced with the difficult task of fighting an armed opposition which often does not show respect for the right to life.