Custodial Deaths in India

Syllabus: GS2/ Governance

Context

• A trial court in Madurai sentenced 9 Tamil Nadu policemen to death for the brutal 2020 custodial killing of a father and son, P. Jayaraj and J. Benicks.

What is Custodial Death?

• Custodial death refers to the death of an individual while in police or judicial custody. This may occur before trial, during police interrogation, or after conviction. 
• The death may be caused by torture, negligence, denial of medical aid, or even under suspicious circumstances.
• It violates the Constitutional Rights of;
  • Article 20(1): No person shall be punished beyond what is prescribed in law.
  • Article 20(3): Protection against self-incrimination; any confession made under duress is inadmissible.
  • Article 21: Ensures protection of life and personal liberty, including in police/judicial custody.
• Issue of Custodial Death in India: According to parliamentary data, 11,656 custodial deaths were recorded between 2016-17 and 2021-22, across India.
  • Uttar Pradesh topped the list with 2,630 deaths, while Tamil Nadu (490) reported the highest number among the southern States.
  • However not all custody deaths are due to police excess.

Reasons of higher Custodial Deaths in India

• Legal Vacuum: India has signed but not ratified the UN Convention Against Torture (UNCAT), 1997 meaning it is not legally bound to implement its provisions.
  • The Prevention of Torture Bill (2010) lapsed in Parliament, and subsequent efforts to introduce legislation have been shelved or diluted.
• Procedural Flaws and Delays: Supreme Court of India, in K Basu vs. State of West Bengal (1997) Case, laid down crucial guidelines to prevent custodial abuse.
  • However, Courts often rely on magisterial inquiries, procedures riddled with procedural flaws and delays.
• Institutional Incentives: Confessions extracted through violence are still treated as evidence, despite being inadmissible under Section 25 of the Indian Evidence Act.
• Weak Accountability: Investigations into custodial deaths are typically conducted by the same department involved.
  • Even where judicial inquiries are initiated, they are often slow, opaque, and inconclusive.
• Political Interference: Policing in India is often influenced by political pressures, which weakens impartial action and shields errant officers.

International Legal Frameworks for Protection

• United Nations Charter (1945): It sets out the purposes and principles of the UN, including the promotion of human rights.
• Universal Declaration of Human Rights (1948): It prohibits torture and ensures the presumption of innocence.
• International Covenant on Civil and Political Rights (1966): It protects right to life and prohibits torture.
• The Nelson Mandela Rules, officially known as the UN Standard Minimum Rules for the Treatment of Prisoners 2015, establish minimum standards for the humane treatment of all individuals deprived of their liberty.
• European Convention on Human Rights (1950): It recognises individual dignity and access to justice mechanisms.

Recommendations for Reform

• Law Commission Reports:
  • 69th Report (1977) of Law Commission of India: It proposed introducing Section 26A in the Indian Evidence Act to make confessions before senior police officers admissible.
  • 273rd Report of Law Commission of India recommended an anti-torture law, affirming that India’s existing legal safeguards are insufficient.
• Police Reforms: Implement the Supreme Court’s Prakash Singh vs. Union of India (2006) directives, including:
  • Separation of the investigation and law and order functions of the police
  • Establishment of Police Complaints Authorities.
• Mandatory Use of Technology: CCTV coverage in interrogation rooms, and digital records of questioning, must become the norm.
• Judicial Reforms: Fast-track courts for custodial crimes, along with stringent penalties for complicit officials, are essential.

Concluding remarks

• Custodial deaths are not just administrative failures but a symptom of a deeper malaise in India’s criminal justice system. 
• Despite constitutional guarantees, legal safeguards, and judicial pronouncements, the use of torture and abuse in custody remains widespread. 
• India must not only uphold its constitutional values but also fulfill its international obligations by enacting a comprehensive anti-torture law, strengthening institutions, and ensuring accountability.

Source: IE