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Source: The Hindu

Context

India's policing system is today heavily influenced by the "Dirty Harry" approach, which is characterized by rage, disrespect for norms, intimidation, and the pursuit of rapid "justice" frequently through forced confessions and brutality.

What's Dirty Harry’s Shadow?

"Dirty Harry's shadow" is a metaphor used in discussions of police behavior, particularly in relation to custodial violence or extrajudicial procedures.

What is the current state of custodial torture in India?

• High number of custodial deaths: The NHRC statistics on this problem is available from 2010 to 2020. According to this, at least 17,146 persons have died in judicial or police detention, with approximately five every day.
• Low Conviction Rate and Weak Accountability: Despite thousands of deaths, only a small minority get convicted. Between 2001 and 2020, just 26 police officers were convicted in connection with 1,888 fatalities in custody.

The Issue: The "Dirty Harry" Dominance

• The frequency of "Dirty Harry" policing in India results in terrible custody deaths. 
• Data and trends: Between 2018-19 and 2022-23, 687 persons died in police custody, an average of two to three per week. 
• A recent tragic example is the death of Ajit Kumar, a 27-year-old temple guard in Tamil Nadu, while in police custody in June 2025. 
• He was detained for missing jewelry, severely assaulted in exchange for a confession, and eventually killed. 
• This occurred despite the Tamil Nadu Police Commission's recent changes aimed at reducing custodial mortality.
• Actual status:  The true number of custody deaths is likely much higher.
• Police frequently misreport deaths as suicides, accidents, or sudden illnesses in order to conceal torture. 
• Torture occurs often outside police stations in areas without CCTV coverage, such as police vehicles or secluded areas, making it difficult to account for.
• Structural bias in policing: This "Dirty Harry" technique exemplifies structural unfairness. 
• Police disproportionately target vulnerable groups in society, including daily wage workers, the poor, migrants, slum dwellers, and people from lower castes such as Dalits and Tribals, who are less likely to have legal redress or public support.

The Cost of Impunity: Custodial Torture in India

Recent Case Highlights Crisis

• The death of 27-year-old Ajith Kumar in police custody in Tamil Nadu is not a one-off incident but reflects a systemic problem.
  
  
• Torture occurred in a cow shed, not in a formal detention space, showing how such acts often happen in unauthorised locations.
  

Alarming Statistics

• From 2018 to 2023, 687 people died in police custody in India – 2 to 3 deaths per week.
  
  
• Gujarat, Maharashtra, and Tamil Nadu are among the worst-affected states.
  
  
• Many deaths are disguised as suicides or natural causes, meaning actual numbers are likely underreported.
  

Marginalised Communities Affected Most

• Victims are mostly daily-wage labourers, Dalits, tribals, migrants, and slum dwellers.
  
  
• This reflects structural violence, rooted in caste, class, and power inequalities, not just police misconduct.
  

Why Custodial Torture Persists

1. Weak Implementation of Legal Safeguards

• Despite Supreme Court guidelines (e.g., D.K. Basu vs. State of West Bengal, 1996) on arrest and custody procedures, compliance is poor, especially at lower levels of the police force.
  

2. Lack of Accountability

• Very few police officers are punished for torture.
  
  
• This promotes a culture of impunity within the police system.
  

3. Societal Tolerance & Pressure for Quick Results

• Public often supports harsh policing.
  
  
• There is pressure on police to solve cases quickly, leading to coercive methods like torture to extract confessions.
  

Custodial Torture in India: Causes and Legal Gaps

Root Causes of the Problem

• Inadequate Training: Most constables (90% of the police force) lack professional investigation training, leading to unscientific and harsh methods.
  
  
• Poor Infrastructure: Police stations often lack modern tools and forensic techniques, pushing officers to rely on outdated and sometimes violent practices.
  
  
• Pressure for Quick Results: High expectations from superiors lead police to prioritize speed over legality, often resulting in shortcuts and abuse.
  
  
• Weak Institutional Oversight: Senior officers fail to monitor or prevent misconduct, creating a culture of impunity within the force.
  
  
• Societal Sanction: A section of society tolerates or justifies torture, offering social acceptance that weakens reform efforts.
  

Legal Framework

• D.K. Basu Case (1996): Supreme Court issued safeguards like mandatory arrest memos, informing families, and family access to detainees.
  
  
• K.S. Puttaswamy Case (2017): Established Right to Privacy and bodily dignity as fundamental rights, opposing any form of torture.
  
  
• 273rd Law Commission Report: Recommended the enactment of a specific anti-torture law.
  
  
• United Nations Convention Against Torture (UNCAT): India has signed but not ratified the treaty, missing an opportunity to align with global standards.
  
  
• Global Torture Index (2025): India labelled a "high-risk country", highlighting the urgency of reforms.
  

Legal Gaps in Preventing Torture

• No Standalone Anti-Torture Law: IPC provisions don’t explicitly criminalise custodial torture. The Prevention of Torture Bill (2010) remains unenacted.
  
  
• Non-Ratification of UNCAT: India is not legally bound to adopt comprehensive reforms required by the treaty.
  
  
• Inadequate Victim and Witness Protection: Victims and witnesses face threats and intimidation, delaying or denying justice (e.g., Jayaraj and Bennicks case, 2020).
  

Measures That Can Be Taken For Humane Investigation

• Analytical surveillance and methodological analysis: The effective tracking of Osama bin Laden exemplifies this method. Instead of torturing the courier, US agents watched and examined his travels and interactions, resulting in the exact location of bin Laden.
• PEACE Model of Investigation (UK): Following a 1974 pub bombing that resulted in false confessions, the UK implemented the PEACE methodology, which stands for Preparation and Planning, Engage and Explain, Account and Closure.
• This technique stresses open-ended questioning, active listening to suspects, and videotaping of interviews. Its deployment resulted in a considerable reduction in false confessions, enhanced conviction accuracy, and increased public faith in the police.
• Norway, Canada, and New Zealand have taken this method.
• The European Committee for the Prevention of Torture (CPT) has endorsed this strategy.
• Respectful and Professional Interrogation: Even in extreme circumstances, dignified treatment promotes cooperation, which strengthens the efficiency of rights-based policing.

Recommendations for India

• Ratify the UN Convention Against Torture right away to ensure compliance with international human rights norms.
• Implement the PEACE investigation paradigm across the country, cultivating an evidence-based policing culture and courteous questioning practices.
• Accept the fundamental idea of justice: "It is better that ten guilty persons escape than that one innocent suffer."

Practice Question Q. Illustrate with special reference to the expanding horizons of the right to life and personal liberty.