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Custodial Violence and Judicial Reasoning
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Context:
The Chhattisgarh High Court, in a recent custodial death case, reduced murder convictions of police officers to culpable homicide and remarked that the victim was assaulted “to teach a lesson,” raising concerns about judicial reasoning and constitutional morality.
Judicial Language and State Violence
- Problematic Framing: By suggesting that police acted “to teach a lesson,” the High Court reinforced vigilante logic that normalises custodial brutality rather than condemning it as unconstitutional.
- Impact of Judicial Language: Language shapes legal reasoning, which in turn influences policy and enforcement. Acceptance of “disciplinary violence” risks legitimising future custodial abuse.
- Constitutional Role of Police: Police officers are constitutional functionaries bound by law, not instruments of coercive correction. Any judicial validation of extra-legal punishment undermines due process and the rule of law.
Caste and Custodial Violence
- Caste-Coded Enforcement: The victim, a Dalit man, was killed by upper-caste police officers, reflecting entrenched patterns of caste-based violence in custodial settings.
- Narrow Jurisprudence under SC/ST Act: Courts often demand explicit caste slurs or intent as proof, overlooking structural power dynamics that enable caste-motivated violence.
- Denial of Justice: By refusing to apply the SC/ST Act in such cases, the judiciary undermines the law’s very purpose and perpetuates systemic caste oppression in policing.
Way Forward for Accountability
- Judicial Integrity: Courts must avoid framing custodial violence as discipline and reinforce that it is a criminal act, irrespective of the victim’s conduct.
- Robust Safeguards: Independent accountability mechanisms, strict adherence to K. Basu guidelines, and enforceable procedural checks are essential to prevent custodial abuse.
- Strengthening Equality and Dignity: The judiciary must affirm that violence in custody, especially against marginalised groups, violates constitutional guarantees of dignity, proportionality, and equality before the law.
Practice Question
“Custodial violence continues to undermine the constitutional guarantee of dignity and equality. Critically examine the role of judicial reasoning and the SC/ST Act in addressing this challenge, and suggest institutional reforms for ensuring accountability.” (250 words)
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