Custodial Death

The Aurangabad Bench of the Bombay High Court directed Parbhani police to register an FIR within a week in the alleged custodial death of Dalit law student Somnath Suryawanshi, citing prima facie evidence of custodial torture and fundamental rights violations. The decision follows a petition filed by the victim’s mother after autopsy and judicial findings revealed signs of physical assault during illegal detention.

Definition and Context

• Custodial death refers to the death of an individual while in police or judicial custody.
• It includes deaths due to torture, negligence, denial of medical care, or abuse during interrogation or detention.

2. Constitutional Provisions Violated

• Article 21: Protection of life and personal liberty.
• Article 20(3): Protection against self-incrimination.
• Article 22: Protection against arbitrary arrest and detention.

Legal Provisions & Judicial Guidelines

• DK Basu vs. State of West Bengal (1997): Issued 11 binding guidelines on arrest and detention and introduced mandatory arrest protocols, maintenance of arrest registers, and medical checks.
• Nilabati Behera vs. State of Orissa (1993): Ensured compensatory jurisprudence for custodial violence victims.
• Prakash Singh vs. Union of India (2006): Mandated police reforms including separation of law and order and investigation wings.

Recent Data and Trends

As per NCRB 2021:

• 88 custodial deaths reported.
• Only 21 cases led to FIRs.
• NHRC data (2017–2022): Over 2,000 custodial deaths across India.

Causes of Custodial Deaths

• Use of third-degree methods during interrogation.
• Lack of surveillance (absence of CCTV coverage).
• Delay or denial of medical assistance.
• Political interference in policing and lack of accountability.
• Weak implementation of court-mandated guidelines.

Institutional Mechanisms

• NHRC and SHRCs: Empowered to investigate custodial deaths and recommend compensation.
• State Police Complaint Authorities (SPCAs): Weak presence or limited autonomy in most states.
• Judicial Magistrate Inquiries: Often delayed or poorly executed.

International Frameworks

• UN Convention Against Torture (UNCAT): India signed in 1997 but has not ratified.
• Nelson Mandela Rules (2015): UN standards for humane treatment of prisoners.
• Universal Declaration of Human Rights (1948): Right to dignity and protection from torture.

Recommendations and Reforms

• Enact a comprehensive anti-torture law in line with UNCAT.
• Ensure independent investigation by external agencies in all custodial deaths.
• Strengthen police accountability mechanisms as per Prakash Singh guidelines.
• Mandatory use of CCTV in all police stations and lock-ups.
• Establish fast-track courts for trials in custodial violence cases.
• Include human rights and ethics training in police curriculum.