31st March 2025 (31 Topics)

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Torture shadows India’s justice system

Context

In a recent decision by the King’s Bench Division of the High Court of Justice in London, concerns were raised about the potential risk of custodial mistreatment if Sanjay Bhandari were to be extradited to India. The court, mindful of India's non-ratification of the United Nations Convention against Torture (UNCAT), recognized credible apprehensions regarding the conditions awaiting him in custody. Bhandari, facing charges related to tax evasion and money laundering, thus benefited from this protective stance.

Custodial Torture:

In India, incidents of torture in police custody have raised serious concerns about human rights and the proper implementation of criminal laws.
In 2019, approximately 1,723 custodial deaths were reported—averaging about five deaths every day.

Reasons for the continuing impunity for Custodial Torture

Systemic failure: The problem of custodial torture stems from a systemic failure within law enforcement agencies, where violence is often normalised as part of police work.
- o Despite strict guidelines, the authorities routinely fail to conduct rigorous investigations and prosecute police officials implicated in torture and ill-treatment of arrested persons.
Lack of Comprehensive Legislation: Although India signed the UN Convention Against Torture (CAT), it has not ratified the treaty or enacted a central law to prevent custodial violence.
Ineffectiveness: The NHRC, established under the Protection of Human Rights Act, 1993, monitors and addresses human rights violations, including custodial torture. Despite itsefforts, the persistent statistics indicate a gap in the enforcement of existing laws.
Lack of Police Reforms: In 2006, the Supreme Court in a landmark decision, Prakash Singh v. Union of India, issued six binding directives to the central and state governments to kick-start police reforms.
Extended Police Custody: Under Section 187 of the Nagarik Suraksha Sanhita, police may extend custody to complete investigations. However, this can give police ample time to extract confessions through coercion.

Fact Box: Custody

Custody generally means the state of being kept by the police or kept in the jail, usually while waiting to go to court for trial.
Type of Custody: There are two types of Custody
- Judicial Custody: In this person is sent to jail and the police don’t have physical custody and if they want to interrogate the accused, they have to take the permission of the magistrate.
- Police Custody: In this police have the actual physical custody of the accused.
Rights and Remedies for the accused in custody
- He has the right to know on which grounds he is being arrested
- He has the right to get a lawyer of his own choice.
- He has the right to get bail.
- He has the right to get Medical Treatment.
An arrested person can apply for the Writ of the Habeas Corpus if he thinks that his arrest is illegal and the procedure of custody is not followed according to law.

Legal and Constitutional Provisions:

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.
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.
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.

Key Supreme Court Cases

D.K. Basu v. State of West Bengal: The court issued guidelines to prevent custodial deaths. These include preparing a memorandum at the time of arrest and ensuring a family member’s presence.
Arnesh Kumar v. State of Bihar: Guidelines were set to prevent unnecessary arrests and to require police to justify detentions before a Magistrate.
Sunil Batra v. State (UT of Delhi): The court scrutinized practices like indiscriminate handcuffing and separate confinement, emphasizing that such measures can violate the rights to life, dignity, and freedom of movement.
Prem Shankar Shukla v. State (UT of Delhi): This ruling declared routine handcuffing as inhuman and arbitrary, requiring police to obtain a Judge’s approval before using such measures.

PYQ

Q. Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful.

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