CUSTODIAL DEATH - POLITY

News: 80 custodial deaths in 5 yrs, Gujarat tops list; Maharashtra second at 76

 

What's in the news?

       The Ministry of Home Affairs (MHA) informed the Rajya Sabha In the last five years, the highest number of custodial deaths have been reported in Gujarat at 80, Maharashtra (76), Uttar Pradesh (41), Tamil Nadu (40) and Bihar (38).

 

Key takeaways:

       Sharing details of the custodial deaths reported between April 1, 2017 and March 31, 2022 in all states and Union Territories across India, Union Minister of State for Home Affairs Nityanand Rai informed the Rajya Sabha that a total of 146 cases of death in police custody were reported during 2017-2018, 136 in 2018-2019, 112 in 2019-2021, 100 in 2020-2021 and 175 in 2021-2022.

 

Custodial death:

       Custodial death primarily refers to death in police custody and judicial custody.

       India has a grim record in police brutality and custodial violence.

       Between 2001 and 2018, 1727 persons died in police custody according to the recent NCRB data.

       75% of the people who died in police custody were tortured.

 

Reasons behind increasing custodial death:

1. Non-accountability of Police:

       Only 26 policemen were convicted for such deaths showing low conviction rate in these human violation cases.

       lack of transparency and poor communication to the family of the person.

2. Absence of strong legislation:

       India is yet to criminalize custodial violence, as the available safeguards have proved insufficient to deal with issues of custodial violence.

3. Socio-economic background:

       Poor socio-economic background of accused also helps police to use their torture mechanism as they are unaware about the law.

       Lack of effective legal representation at the police stations is a huge detriment to arrested/detained persons

4. Politicalization:

       Custodial deaths are also result of accused not able to fulfil the demands of local police.

       The Police Act, 1861 which governs the Indian police system has no explicit provisions on the superintendence and general control and directions of police, leaving the executive with a lot of power to control the law enforcement authorities as per vested interests.

5. Lack of infrastructure:

       Overcrowding of jails lead to higher number of deaths due to space crunch and lack of infrastructure.

       high number of under trials around 68%.

       Medical checkups are not done regularly.

       No scientific investigation methods are followed by police, as they still indulge in brute force method of interrogation.

       Overburdened and under-staffed police forces causing mental stress along with continuous pressure to solve the crime on fast basis exhort them to employ such methods.

 

Safeguards available:

       Article 21(1) provides that no person who is arrested shall be detained in custody without being informed as soon as possible of the ground for such arrest.

       Article 22(2) provides that every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of 24 hours of such arrest.

       Article 20 ensures that administration of the criminal justice system should not be so designed or implemented as to destroy the deeper and moral values of justice itself.

       Article 39A provides for NALSA and free legal aid.

       D. K. Basu vs State of West Bengal judgement (1997)

       A crime-suspect must be interrogated, indeed subjected to sustained and scientific interrogation determined in accordance with the provisions of law.

       He can’t however be tortured or subjected to third-degree methods or eliminated with a view to elicit information, extract confession or derive knowledge about his accomplices, weapons etc.

       The burden of explaining a custodial death lay on the police rather than the victim.

       The court granted compensation on the constitutional basis in public law for the infringement of fundamental rights.

       Realizing the essential connection between the provisions of Articles 22(1) and 22(2), the courts have held that the provision of clauses (1) and (2) of Article 22 are mandatory.

 

Measures to prevent custodial death:

       Ensuring Accountability of Police: any such crime must be fast tracked within a specified time period through the Independent Investigation Agency.

       Encouraging civil societies, human rights, NGO, NHRC & SHRCs to play an active role in creating awareness and accountability of police.

       Inculcation of scientific method of investigation in police force and curtailing the practice of third-degree torture.

       Strict Implementation of D K Basu case guidelines as well as NHRC guidelines by states.

       Implementation of SC’s recent directive to publish FIRs online within 24 hours.

       Implementation of Law Commission 273rd Report: The report recommends that those accused of committing custodial torture - be it policemen, military and paramilitary personnel should be criminally prosecuted instead of facing mere administrative action establishing an effective deterrent.

       The National Legal Services Authority should design processes that ensure lawyers are either stationed at police stations on a rotational basis or available on call.

       Behavioural change in police force through training and awareness campaign.