Custodial violence erodes trust in law enforcement, undermines constitutional values, and violates human dignity. Addressing it requires strong legal safeguards, police reforms, and accountability mechanisms. True justice lies not in fear but in fairness, where the State protects rights rather than abuses power, upholding democracy’s core promise of dignity for all.
Copyright infringement not intended
Picture Courtesy: THE HINDU
Human rights groups link official reports of custodial deaths from health issues or suicide to a culture of unrecorded and unchecked custodial violence.
Definition: Custodial violence refers to physical or psychological harm on individuals in the custody of law enforcement authorities, including police, prison officials, or other agencies.
Forms: Includes physical torture (beatings, electric shocks, sexual violence), psychological torture (threats, humiliation, sleep deprivation), and coerced confessions.
Constitutional Provisions
Article 14: Ensures equality before the law, holding law enforcement accountable.
Article 20(3): Protects against self-incrimination, prohibiting coerced confessions.
Article 21: Guarantees the right to life and personal liberty, barring torture or cruel treatment.
Article 22: Mandates safeguards against arbitrary arrest and detention.
Legal Provisions
Bharatiya Nyaya Sanhita (BNS), 2023, Section 120: Penalizes causing hurt to extract confessions through violence.
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Section 35: Requires documented, lawful arrests.
Bharatiya Sakshya Adhiniyam, 2023, Section 22: Invalidates coerced confessions.
Judicial Guidelines
D.K. Basu vs State of West Bengal (1997): Laid down 11 guidelines for arrests, including arrest memos, medical exams, and legal access.
State of Uttar Pradesh vs Ram Sagar Yadav (1985): Places burden of proof on police in custodial violence cases.
|
International Human Rights: India’s Commitments UN Charter (1945): Mandates dignity and rights protection for prisoners, aligned with the International Covenant on Civil and Political Rights (ICCPR), to which India is a signatory. Universal Declaration of Human Rights (UDHR, 1948): Prohibits torture and cruel, inhuman, or degrading treatment (Article 5). UN Convention Against Torture (UNCAT, 1984): India signed in 1997 but has not ratified, delaying a binding commitment to criminalize torture. |
Systemic Impunity: Lack of convictions in custodial violence case encourages a culture of unaccountability.
Pressure for confessions: India's forensic infrastructure is weak. Police forces lack adequate training in modern, human rights-based interrogation techniques, depending on force and torture to secure confessions.
Pressure for Confessions: Police reliance on torture to extract confessions due to outdated investigation methods and case backlogs.
Institutional Failures: Overcrowded prisons (130% capacity), understaffed police (1:700 ratio), and lack of independent oversight.
Social Biases: Individuals from Scheduled Castes, Scheduled Tribes, are more vulnerable due to a lack of political influence or financial resources.
Misuse of Laws: Preventive detention laws (e.g., Tamil Nadu’s Goondas Act) used to target vulnerable communities without formal charges.
Absence of anti-torture law: India has not ratified the UN Convention Against Torture (UNCAT). This legal vacuum allows custodial torture to continue unchecked.
|
Read all about: Police Reform In India Explained |
Human Rights Violations: Undermines Article 21’s right to life and dignity, eroding constitutional governance.
Loss of Public Trust: Frequent custodial deaths (11,656 nationally, 2016–2022) diminish confidence in law enforcement. (Source: The Hindu)
Mental and Physical Trauma: Victims and families suffer long-term psychological and physical harm; e.g., Ex-ISRO scientist Nambi Narayanan case highlighted psychological abuse.
Social Inequity: Disproportionate targeting of Dalits, tribals, and minorities exacerbates systemic discrimination.
Economic Costs: Legal battles, compensation, and loss of productivity burden state resources.
|
Case Studies Rajasthan (2023–2025): 20 custodial deaths, with 12 attributed to health issues and 6 to suicides. No convictions, raising concerns of cover-ups. (Source: The Hindu) Tamil Nadu (2016–2022): 490 custodial deaths, highest among southern states. SCs faced 38.5% of detentions, reflecting caste-based targeting. (Source: The Hindu) Uttar Pradesh (2016–2022): 2,630 custodial deaths, the highest nationally, with zero convictions. (Source: The Hindu) |
Legislative Reforms
Enact a Prevention of Torture Bill, as recommended by the Law Commission’s 273rd Report (2017).
Ratify UNCAT to align with global anti-torture standards.
Institutional Accountability
Establish independent Police Complaints Authorities with statutory powers in all states.
Mandate CCTV and body cameras in custody centers, with secure data storage, as per Supreme Court directives.
Judicial Strengthening
Set up fast-track courts for custodial violence cases to ensure time-bound justice.
Strengthen NHRC/SHRCs with binding powers and adequate funding.
Police Reforms
Implement Prakash Singh case (2006) directives, separating investigation and law enforcement roles.
Introduce mandatory human rights training and anti-bias sensitization for police.
Community Engagement
Promote community policing and NGO involvement in oversight to enhance transparency.
Ensure legal aid and victim protection for marginalized groups to encourage reporting.
Technological Interventions
Use AI-driven case monitoring and digital record-keeping to track custodial procedures.
Ensure compliance with D.K. Basu guidelines via real-time reporting systems.
What India Can Learn from Other Countries
United Kingdom: Independent Office for Police Conduct (IOPC) investigates custodial deaths with statutory powers, ensuring impartiality. India can adopt similar independent bodies.
South Africa: Independent Police Investigative Directorate (IPID) mandates public reporting of custodial incidents, enhancing transparency. India could strengthen NHRC oversight similarly.
Custodial violence, despite constitutional safeguards, exposes systemic immunity and demands urgent reforms and a Prevention of Torture law to uphold human dignity and global human rights standards.
Source: THE HINDU
|
PRACTICE QUESTION Q. Custodial violence is a challenge to both rule of law and human rights in India. Critically analyze. 250 words |
It is any form of physical, psychological, or sexual abuse inflicted upon a person while they are in the custody of law enforcement or the state.
It is a principle established by the Supreme Court that allows for monetary compensation from the state to victims of custodial violence or their families.
They are a set of 11 mandatory procedures issued by the Supreme Court to be followed by police officers during arrest and detention to prevent custodial torture.
© 2025 iasgyan. All right reserved
