The Rise In Custodial Deaths And Police Brutality In India Has Become A Human Rights Violation Issue

Bribery is rampant across various departments, including the police force. Officers often demand bribes from victims' families to secure their release, but even then, there's no guarantee that the victim will survive judicial custody. The rising number of custodial deaths in recent years highlights the grim reality faced by detainees, especially in states like Uttar Pradesh and South India. Unfortunately, these incidents receive inadequate attention, and victims suffer torture at the hands of those meant to protect citizens. Which highlights the abuse of power by law enforcement agencies in India.

The exact reasons behind custodial deaths remain elusive, adding to their suspicious nature. Factors such as police brutality, power politics, and caste or religion-based discrimination contribute to this grim reality. The 2019 report by the National Campaign Against Torture (NCAT) also highlights how torture is often used to extract bribes from detainees and their relatives.

 

Although the use of torture is expressly forbidden in India, it frequently occurs at police stations under the cover name of ‘third-degree interrogation.’ Unfortunately, India still lacks anti-torture legislation and has yet to criminalize custodial violence. Meanwhile, action against culpable officials remains elusive. The Supreme Court has aptly described custodial deaths as ‘one of the worst crimes in a civilized society governed by the rule of law.’ Despite this recognition, the number of custodial deaths in India remains alarmingly high.

This situation highlights the need for awareness, advocacy, and international efforts, such as the United Nations' International Day in Support of Victims of Torture, observed annually on June 26.

 

                                                                          
Custodial Deaths and Violence: What Is It?,

Custodial violence encompasses violence within police and judicial custody, including death, rape, and torture. Shockingly, victims may experience torture even before their official arrest, which allows police to claim that injuries occurred elsewhere.

Custodial death refers to the passing away of individuals while in police custody, either awaiting trial or following a conviction. We can categorize these deaths into three main types:

Death in Police Custody - This occurs when someone dies while directly under the supervision and care of law enforcement. It may happen during an arrest, custody, or interrogation. Custodial deaths are sometimes misreported as suicides or deaths due to illness or natural causes.

Death in Judicial Custody - In this scenario, the deceased was detained by the legal system, often in a jail or prison. It encompasses fatalities occurring within these facilities.

Death in Custody of Army or Paramilitary Force - This category includes deaths that occur when a person is under the protection of armed forces.

Additionally, staged encounters sometimes lead to custodial killings. The challenge lies in verifying these incidents independently, as all documents and evidence remain under police control.

Unfortunately, police brutality is actively practiced, often as part of routine procedures to extract confessions from suspects or manipulate the truth. Shockingly, data from the National Crime Records Bureau reveals that approximately 250 people died in police custody in 2017, yet no convictions resulted. A 2016 Human Rights Watch report investigated custodial deaths, arrest procedures, victim accounts, and police impunity.

 

 

Custodial Death Rate in India,

In the financial year 2021–22, the National Human Rights Commission of India reported 2,152 deaths in judicial custody and 155 deaths in police custody until 28 February 2022. Additionally, according to a report released by the National Campaign Against Torture (NCAT), there were 1,606 deaths in judicial custody and 125 deaths in police custody in 2019. Meanwhile, data submitted by the Home Ministry reveals that a total of 4,484 deaths occurred in police custody, along with 233 deaths in alleged police encounters, by 2022.

 

State-wise custodial death rates over the last five years are as follows: Gujarat reported the highest number of deaths (80), followed by Maharashtra (76), Uttar Pradesh (41), Tamil Nadu (40), and Bihar (38). The National Human Rights Commission (NHRC) has recommended monetary relief in 201 cases and disciplinary action in one case.

 

 

Custodial Torture and Human Rights in India,

Custodial torture in India is a grave human rights concern characterized by the use of physical and psychological abuse by police officials during detention. A 2019 report by the National Human Rights Commission (NHRC) exposed the brutal methods of torture employed by police and jail staff. These methods go far beyond mere slapping, kicking, and beating with sticks. The report detailed horrifying practices, including hammering iron nails into bodies, using rollers on legs, and burning and beating the soles of feet. In some cases, the abuse even involves stabbing with screwdrivers, administering electric shocks, and targeting private body parts, with instances of petrol being poured on these sensitive areas.

However, the use of torture and other forms of abuse by the police, coupled with the failure to provide justice to victims, violates India's obligations under international human rights law. India has ratified the International Covenant on Civil and Political Rights and signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Additionally, India has signed the International Convention to Protect All Persons from Enforced Disappearance. Despite these commitments, torture and other serious abuses against individuals persist.

 

 

Legal Remedies Against Custodial Deaths and Torture,

 

Despite the two affirmative articles—Article 21, which states that "No person shall be deprived of their life or personal liberty except according to the procedure established by law," and Article 22, which provides "Protection against arrest and detention in certain cases"—custodial torture remains a fundamental violation of human rights. Article 21, enshrined in the Indian Constitution, recognizes the right to life.

Additionally, Article 22(1) of the Indian Constitution ensures the right to counsel during arrest and detention.

Section 41 of the Criminal Procedure Code (CrPC) was amended in 2009 to include safeguards for arrests and detentions. These measures aim to ensure reasonable grounds for detention, documented procedures, transparency in arrests for family and friends, and legal representation.

The Indian Penal Code (IPC) provides relevant sections for addressing custodial torture:

Sections 330 and 331 of the IPC deal with punishment for injuries inflicted to extort confessions.

Custodial torture against prisoners can be brought under Sections 302, 304, 304A, and 306 of the IPC.

Furthermore, protection is available under the Indian Evidence Act, 1872, and Sections 7 and 29 of the Police Act, 1861.

Despite these legal provisions, about 40% of complaints received annually by the National Human Rights Commission (NHRC) pertain to police misconduct, particularly custodial violence. Unfortunately, these provisions are often breached, leading to an alarming rise in deaths caused by police brutality against jail victims.

Custodial deaths cannot be viewed in isolation. When law enforcement agencies perpetrate violence, it becomes an ominous abuse of authority and discrimination against caste and religious minorities, all under the veil of impunity.

 

Recent Incidents of Custodial Deaths and Violence in India,

The alleged custodial torture leading to the death of a 43-years-old K.Raja in Villupuram, Madras.

Altaf's Case (Uttar Pradesh) - A 22-year-old Muslim man named Altaf died in a police station in northern Uttar Pradesh. While the police claimed he hanged himself, his family alleged murder and demanded a Central Bureau of Investigation inquiry.

P. Jeyaraj and Bennix (Tamil Nadu) - In June last year, P. Jeyaraj (58) and his son Bennix (38) were arrested for violating COVID-19 lockdown rules. Tragically, they died due to alleged police brutality.

Atrocities in Punjab and Jammu and Kashmir - Historical instances include atrocities committed against Sikh families by the Punjab police in the 1980s-1990s and ongoing human rights abuses in Jammu and Kashmir.

Apart from these specific cases, India has witnessed numerous incidents of police brutality, torture, and extrajudicial killings over the decades. Activists report that every year, scores of Indians are killed in what they refer to as "fake encounters," and many more suffer torture leading to death while in police custody.

While some of these killings receive extensive coverage in the Indian news media, they rarely lead to widespread protests calling for systemic change.

Despite the law prescribing measures such as judicial inquiries and videographing postmortems, consistent implementation remains a challenge. The use of physical and psychological abuse by law enforcement officials during detention persists, despite constitutional safeguards and legal frameworks.

To address this issue effectively, we must advocate for strong legal frameworks, rigorous enforcement, and enhanced accountability for perpetrators. Custodial torture remains a pressing concern that demands urgent attention.