Custodial Deaths (in the name of “Law”)

The issue of custodial deaths has gained significant attention following the recent deaths of Mohit Pandey and Aman Gautam in police custody in Uttar Pradesh (U.P.). Both cases highlight serious allegations of police brutality, raising concerns over human rights violations and the culture of impunity within law enforcement.

What is Custodial Death?

• A custodial death refers to the death of an individual while they are in the custody of law enforcement authorities or in judicial custody. This can occur either during police detention or in a prison setting.
• Custodial deaths often result from excessive use of force, torture, or inadequate medical care, and may sometimes be caused by neglect or ill-treatment.
• These deaths are considered grave human rights violations, as individuals in custody are vulnerable and should be protected by the state.
• Legal and Constitutional Provisions:
  • Article 21: Indian constitution has granted rights to every person and under fundamental rights enshrined under Article 21: Right to life, it includes the person who has been detained or convicted or arrested.
  • Article 22: Basic human rights cannot be taken away plus under Article 22, rights are laid down for people who are being arrested and detained.
  • Article 20: The prohibitions imposed by Article 20 of the Constitution are directly relevant to the criminal process.
    • Article 20(1)prohibits retrospective operation of penal legislations.
    • Article 20(2)guards against double jeopardy for the same offence.
  • Code of Criminal Procedure (CrPC): Under Section 46 and Section 50, the law mandates that arrests must be made with dignity and that the police must inform the arrested individual of the reasons for their detention.
  • Section 187 of the Nagarik Suraksha Sanhita, prescribes the procedure when investigation cannot be completed in twenty-four hours.
  • National Human Rights Commission (NHRC) constituted under the Protection of Human Rights Act, 1935 addresses violation of human rights, including the custodial torture.
  • Supreme Court Guidelines: In the landmark case of Dilip K. Basu v. State of West Bengal (1997), the Supreme Court issued guidelines to prevent custodial torture, including ensuring proper medical care, video recording of interrogations, and prompt medical examination if a detainee is injured.
  • Other landmark cases
    • Arnesh Kumar v. State of Bihar
    • Sunil Batra v. State (UT of Delhi)

Why the Number of Custodial Deaths is on the Rise?

Several factors contribute to the rising number of custodial deaths in India, especially in states like Uttar Pradesh:

• Police Brutality and Torture: A culture of impunity among law enforcement officers, where they use torture or excessive force during investigations, is a key reason for custodial deaths. In many cases, detainees are subjected to physical violence to extract confessions or punish them for minor offenses.
• Lack of Accountability: Police forces often act with little fear of legal consequences, as investigations into custodial deaths are infrequent, and convictions are rare. The lack of stringent enforcement of human rights laws exacerbates the problem.
• Political Influence and Corruption: In certain cases, local political influences and corruption may prevent accountability. The families of victims in cases like that of Mohit Pandey allege that powerful individuals were behind the custodial torture.
• Inadequate Training and Infrastructure: Police officers often lack proper training in human rights and conflict resolution. Additionally, many police stations suffer from poor infrastructure, with insufficient medical facilities for detainees.
• Overburdened Prisons: Indian jails are overcrowded, and prisoners are often subjected to inhumane conditions, which increases the likelihood of deaths in custody. The lack of adequate supervision or resources for inmates contributes to custodial deaths in prisons as well.

Required Measures

To curb the rise in custodial deaths, several measures need to be taken:

• Strict Implementation of Existing Laws: Ensuring adherence to existing legal provisions, such as the CrPC and Supreme Court guidelines, is essential. Police stations should be equipped with proper facilities for medical examination and monitoring of detainees.
• Independent Oversight: Establishing independent bodies to monitor police stations and custodial conditions can help ensure accountability. The NHRC should be empowered with more authority to take action and enforce its recommendations.
• Reforming Police Training: Police officers need comprehensive training on human rights, including the prohibition of torture. They must also be educated on handling arrests and interrogations with dignity and respect for the law.
• Transparency and Accountability: Policemen involved in custodial deaths must be held accountable through independent investigations. Transparent procedures for recording and investigating injuries sustained in custody are essential for ensuring justice.
• Legislation Against Torture: The Prevention of Torture Bill should be passed to provide a legal framework that criminalizes custodial torture and ensures that victims and their families are compensated.
• Prison Reforms: Overcrowded and underfunded prisons should be reformed to improve the living conditions of inmates, with adequate medical facilities and oversight to prevent deaths due to neglect.
• Public Awareness: Awareness campaigns about human rights and legal recourse for custodial deaths must be carried out, both for law enforcement and the general public, to build accountability and prevent such incidents.