CUSTODIAL
DEATHS IN INDIA – POLITY
News: Explained | Counting deaths in
India’s prisons
What's
in the news?
●
In August this year, the Supreme Court
Committee on Prison Reforms found suicide to be the leading cause of
‘unnatural’ deaths — deaths other than ageing or illnesses — among Indian
prisoners, with Uttar Pradesh recording the highest number of suicides between
2017 and 2021.
Key
takeaways:
●
“The number of custodial deaths has seen a
steady rise since 2019, and 2021 has recorded the highest number of deaths so
far,” their report stated.
●
Other ‘unnatural’ causes of death include
murder by inmates, death due to negligence or excesses, and ‘accidental
deaths’, among other reasons. On the other hand, ‘natural deaths’ — 1,879
people in 2021 — includes ageing and illnesses.
Datas
from the Report:
●
In 2021, a total of 2,116 prisoners died
in judicial custody, with almost 90% of cases recorded as natural deaths.
●
The suicide rate among inmates was found
to be more than twice that recorded in the general population, per a report by
the Commonwealth Human Rights Initiative (CHRI).
Custodial
death:
●
Custodial death primarily refers to death in police custody and judicial
custody.
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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.
Politicalisation:
●
Custodial deaths are also a result of the
accused not being 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, 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
numbers 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 DK 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.