Custodial Death

Context:

A protest erupted in Uttar Pradesh’s Sambhal district, with hundreds of people gheraoing the Raisatti police outpost under the Nakhas police station limits demanding justice over the alleged custodial death of a 35-year-old man.

Custodial Death in India

Definition: Death of a person in the custody of law enforcement or correctional facilities, caused by excessive force, neglect, abuse, or other factors.

Custodial Violence: Defined by the Law Commission of India as crimes committed by public servants against detained or arrested individuals. Statistics (2017-2022).

Gradual increase in custodial deaths

• 2017-18: 146 cases.
• 2021-22: 175 cases.

State-wise Data

• Maximum cases: Gujarat (80), followed by Maharashtra (76), Uttar Pradesh (41), Tamil Nadu (40), and Bihar (38).

NHRC Interventions

• Awarded monetary relief in 201 cases.
• Recommended disciplinary action in one case.

Possible Reasons for Custodial Deaths

• Absence of Legislation.
• India lacks an anti-torture law and has not criminalized custodial violence effectively.

Institutional Challenges

• Prisons suffer from
  • Opaqueness and lack of transparency.
  • Overcrowding, poor infrastructure, and acute manpower shortages.
  • Insufficient safeguards to prevent harm.
• Excessive Force
  • The police tend to use undue force, targeting the vulnerable groups.
• Judicial Inefficiency
  • Prolonged and expensive judicial procedures discourage the weak from filing complaints.
• Non-compliance with International Standards
  • India signed the UN Convention Against Torture in 1997 but has not ratified it. Hence, it did not enact the relevant laws and measures.

Other Contributing Factors

• Neglect of medical care or insufficient health care in detention.
• Untrained police officers with minimal accountability.
• Detention centers with low standards.

Legal Provisions

Constitutional Safeguards

• Article 21: Protects life and liberty and shields against torture. .
• Article 22: Rights concerning arrest, detention, and legal counsel. .

State and Central Governments’ Responsibilities

• State Government: Police and public order.
• Central Government: Issues advisory and enactments, such as the Protection of Human Rights Act, 1993, which establishes NHRC and State Human Rights Commissions.

Criminal Procedure Code (CrPC)

• Section 41 (Amended) : It also provides for safety measures during arrest and detention process, which involves transparency and representation by a legal practitioner.

Indian Penal Code (IPC)

• Sections 330, 331: Punishment for causing torture or grievous hurt to extract confession.
• Sections 302, 304, 304A, 306: Death caused by custodial torture.

Indian Evidence Act, 1872

• Section 25: Confession before police is not admissible.
• Section 26: Confession before police is admissible only if made before Magistrate.

Indian Police Act, 1861

• Sections 7, 29: Punishment or suspension for dereliction of duty of negligent officers.

Way Forward

Legislative and Institutional Reforms

• Anti-Torture Law: A full-fledged anti-torture law should be enacted as envisaged by the international standards.
• Prison Reforms: Betterment of conditions; reduction in overcrowding and bringing transparency into prison affairs.

Law Enforcement Training

• Compulsory training modules on human rights and alternative non-lethal techniques.

Accountability and Checks and Balances –

• Set up independent agencies to investigate custodial deaths and bring the perpetrators to book.

Judicial Effectiveness

• Reforms judicial procedures to deliver expeditious and low-cost justice to the underprivileged.

International Obligations

• Sign and implement the UN Convention Against Torture; domestic laws are thereby enacted in compliance with its provisions.

Health Care Services in Detention

• Provide adequate health care to the detainees and treat the underlying sicknesses.