Custodial Deaths in india : Examining Reasons and possible solutions

Author:-   J. Rajarajeswari, BALLB, 5th year , student of Alliance university, Alliance school of law

Abstract :- 

This Article focused on the concept of custodial death in india. This article aims to examine the Reasons for the continuance of custodial death in india along with cases. The hon’ble Supreme Court has pronounced several judgement in which they have criminalised police brutality. But, There are nearly 4500 custodial death in India between 2020 and 2022, as stated by the minister of state for home affairs. Even though the Supreme Court had laid down some guideline to be followed like installation of cameras in the police station etc.. the custodial deaths are keep reporting. Then, this article would provide  a possible solutions to combat the custodial death.

Key words:- Affairs, Brutality, Custodial death, India, police. 

Reasons for the continuance of custodial death in India:- 

The custodial violence takes place not only in the police custody. But also is the judicial custody – where an individual tortured it includes rape and death. The countries like India the custodial torture is not a new one. It is a old concept. It has a long history from the British period. Nearly 4500 custodial deaths between the period of 2020 to 2022 had happened according to the union government. That’s on average 6 people dying every day in police custody. DK Basu (Vs) state of West Bengal – in this case judgement where the Supreme Court has laid down guidelines to be followed in all cases of arrest and detention – it include a medical examination every 48 hours during custody. The supreme court has also ordered that cctv cameras with night vision and audio be installed at every police station. As of November 2020 only 14 states have complied. States like Andhra , Karnataka and Telangana had not filed compliance reports with the Supreme Court. However, the sad reality is that many of these safeguards remain simply on paper. Not only this, The hon’ble Supreme Court has pronounced several judgement in which they have criminalised police brutality.  The problem is it’s keep happening in India and the reasons includes.

• The system is corrupt and complicit. Some other reasons why it’s keep on happening is Rarely police personnel face punishment for custodial torture or murder. Out of over 18,000 custodial deaths reported between 2001 and 2020.  But, only 893 cases were registered against police personnel and out of this 358 cops were chargesheeted. Only 26 police man were convicted in that 20 years period. There is a serious lack of accountability when it comes to accountability for custodial murders. 
• The prevention of torture bill has been a long- standing demand of human rights activists. The bill was passed in the Lok Sabha 2010.  It ended up lapsing. In 2017 a water downed version of this bill was prepared. This too had ended up in cold storage indefinitely. With the union government saying that it has no plans to bring in the bill.
• Instead the union government says that police and public order are state subjects and it is the state government’s responsibility. Like the union government states too don’t want to touch the police force. Several states have used section 197  of the crpc to block prosecution of police officials. This section protects public servants form prosecution.
• Unless sanction by the state or union government. The nexus between politicians and the police official’s its almost like a quid pro quo – a silent understanding between politicians and the police. Some experts called for police reform and training to make cops work humanely. 
• There is a lack of medical neglect in our country. 
• The indigent training and  absence of responsibility/ answerability among the public officials. 
• Already existing health conditions of the prisoners. But that was not treated properly while that person was in custody. 
• Finally, the conditions of the detention centres existing in our country. 

Case laws:- Vadakara custodial death:- 

• 42 years Sanjeevan was involved in a car accident in Kerala on 21st July. He gone fight with the passengers from other car. And some police took him to the station. Instead of being released in what should have been the routine case. Sanjeevan died within a few hours . It happened in 2022 July 22. 
• The police officer in relation to this had been transferred. That is around 66 police officers , station house officers have been transferred.
• As of the August 20, 2022 the police officer who has been arrested in relation to this case. But soon they were released on station bail. After that no news related to that was made available. Sanjeevan He become yet another victim of police brutality. Sanjeevan is now a statistics. Not only this there are various cases which happened and happening where the victims just remained a statistics. 

Suggestions:- 

Anti torture bill :-   After the death of of the George floyd in US and the custodial death of jeyarai and Fenix at sathankulam police station had raised a lot of concern about the matter. Death of the George floyd in Us resulted in heavy protest and as a result of protest the congress had introduced a police reform bill. Along with this it is discussed to maintain a national database which will register all police misconducts. Will this bill turn into a law, the time will only tell about this. But the same kind of bill was discussed in India also. 

It was around 13 years before, it has been discussed in parliament. But not yet passed. Globally it was discussed first time by the United Nations in 1975. As we all know that India is a member of UN, so if any laws of UN has to be applied, then we have to make a law by the parliament. So making the UN convention Againt torture 1975 a law, a bill was presented in Lok Sabha in 2010 named as the prevention of torture Bill 2010. According to this bill if any public servants commits a torture. Then punishment has prescribed against him. 

And it further says that if any public servants torture any individual fir deriving any Information or his confession, If her hurts that individual grievously or torture his life , limb mentally or physically. Then all these things will be considered as torture and a giant this act there is a punishment of 10 years. After being passed by Lok Sabha it comes to Rajya Sabha and for further consideration. But, till now this bill has to been passed by Rajya Sabha yet. 

In the year of 2017, the law commission said that they are seriously considering about the bill. But before passing the bill there should be changes done in Indian penal code, Indian Evidence Act and criminal procedure Act. It seems like a tough work. In the year of 2019thete we’re around 1700 custodial deaths. It actually increasing. 

• The prevention of anti- torture bill should be implemented firstly. 

• The orders of the supreme court regarding the installation of the camera in the police station needs to properly followed. If fails to follow the same some penalty should be imposed on the police inspector of that police station.
• Further, All those cameras needs to be monitored / the control system needs to be controlled by the concerned district police station. 
• Then, A sudden unexpected visit from the district collector office – like an authority/ a crew/ group of members  can be appointed for the purpose of this. they can an unexpected visit to the police stations and check whether every measure is been properly followed. Or any non – official visitor should to the surprise visit. 
• Monthly wise report of who many arrest has been made, FIR filed. Every thing has to be sent to the police head quarters. It will promote the transparency. 
• The family of the victims must be assessed with some amount of compensation.The state government can issue the direction relate to this. Like the amount of compensation that needs to be given.  
• The guidelines that has been laid down in the DK Basu case needs to be followed. 
• A particular/ specific legal provisions needs to be laid down related to the custodial death alone. And it should prevail over any other laws. It should be a strict one. Like, If it is found that certain person ( police officer ) is involved in that custody death then they should be immediately dismissed from their job, trail should be conducted within 3 to 4 months and punishment should be imposed, if found guilty. Then serious punishment should be impose.

Conclusion :- 

Though we have many provisions in the law penalising the custodial violence. The sad reality is that the custodial death continues to exist out country. And it keep on increasing year by year. So, the guidelines regarding this should be implemented strictly. Further, Others have called for the use of technology and scientific tools instead of third degree methods. But the fact is unless the police are held accountable custodial deaths will keep happening in India.

FAQ’S

1. What is custodial death? 

Custodial Death readers to death of a person while in custody under law enforcement body. The custodial violence takes place not only in the police custody. But also is the judicial custody – where an individual tortured it includes rape and death. 

2. What are the reasons for the continuance of custodial violence in india despite various measures taken to combat it?

• The system is corrupt and complicit. 
• There is a lack of medical neglect in our country. 
• The indigent training and  absence of responsibility/ answerability among the public officials. 
• Already existing health conditions of the prisoners. But that was not treated properly while that person was in custody. 
• Finally, the conditions of the detention centres existing in our country. 

3. What are some of the  important supreme court judgement related to the custodial violence and police torture ?

Major judgement that has been given by the Supreme Court against the police torture and violence. 

Rudul shah Vs state of Bihar 1983 :- 

• In this case is important because in this case for the very first time the supreme court realised that if by any individual constitutional rights is been violated, the the individual will get compensation

Saheli Vs commissioner of police 1989:-

• This case is considered as an important one. Because in this case the Supreme Court gave option to Delhi administration to recover the amount by the police officer who is responsible for the incident. 

Nilabati Behera Vs state of Orissa:- 

• In this case the the petitioner was awarded by a compensation of Rs 1lakh 55 thousand

The most important judgement:- 

D.K Basu Vs state of West Bengal 1997:- 

• Court said after having many recommendations and policies . Still the cause of torture and deaths in police custody are increasing . So in this case total 11 guideline were given.  

4. What measures can be taken to prevent the continuance of custodial violence?

 The prevention of anti- torture bill should be implemented firstly. 

• A sudden unexpected visit from the district collector office – like an authority/ a crew/ group of members  can be appointed for the purpose of this.
• Monthly wise report of who many arrest has been made, FIR filed. Every thing has to be sent to the police head quarters. 
• The guidelines that has been laid down in the DK Basu case needs to be followed. 

Sources:- 

• https://www.hindustantimes.com/india-news/4484-custodial-deaths-in-past-two-years-up-tops-chart-centre-101658862858478f.html
• https://www.legalserviceindia.com/legal/article-6816-custodial-deaths-and-misuse-of-powers.html
• https://scroll.in/latest/1029134/uttar-pradesh-reported-highest-custodial-deaths-in-last-two-years-centre-tells-lok-sabha 
• https://www.deccanherald.com/national/west/in-the-last-5-five-years-gujarat-reported-80-custodial-deaths-highest-in-india-1191171.html