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Custodial Torture is Biggest Threat to Human Rights: CJI

Posted on August 9, 2021 by admin1  696

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The Chief Justice of India while addressing a NALSA event said that threats to human rights and bodily integrity are the highest in police stations.

  • He was pointing out that custodial torture and other police atrocities are problems that still prevail in society.
  • He flagged the issues of human rights and dignity, saying these are “sacrosanct”.

What is Custodial Death?

Custodial death means the death of a person in the custody of the police. 

  • Violence and torture by the police in lockup which leads to the death of a person in jail are termed custodial death.
  • Custody can be classified under two categories:
    • Police custody and 
    • Judicial custody. 
  • Police Custody means that police has the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate. 
    • In the former, the accused is lodged in a police station lockup while in the latter, it is the jail.

Why has this issue suddenly popped up?

Recently there were multiple talks about incidences of custodial deaths and police brutality. Few are listed below:

  • Brutal thrashing by Tamil Nadu Police and consequent death of a fruit stall owner, 47-year-old A Murugesan gained attention.
  • Bennix and his father Jayaraj also died in custody in June 2020 in Thoothukudi.
  • An army man Resham Singh was brutally tortured and his mother and 2 sisters were humiliated in Pilibhit, UP, drawing the Allahabad High Court’s ire.
  • An 18-year-old vegetable vendor Faisal Hussain was allegedly beaten to death in UP’s Unnao district for violation of Covid-19 directives.

Few Facts and Data regarding Custodial Deaths

  • According to the National Crime Records Bureau (NCRB) data 
    • In 2019, 85 cases of custodial deaths were reported in the year with Tamil Nadu registering the highest number of cases.
      • Tamil Nadu followed by Gujarat, Punjab and Rajasthan and Odisha.
      •  No policeman was convicted.
  • In a written reply in the Lok Sabha, the former Minister of State for Home Affairs G K Reddy stated that 1,697 custodial deaths were registered between FY20.
    • Uttar Pradesh topped the list with 400 custodial deaths followed by Madhya Pradesh (143). 
    • This meant that about five custodial deaths took place every day in our country.
  • But later, Minister of State for Home Affairs N Rai stated in the Lok Sabha that 348 custodial deaths and 1,189 cases of torture by police were reported across the country in the last 3 years.

 

Reasons Behind such Insensitivity

  • Lesser Conviction:
    • Several policemen do get convicted, there are good reasons to believe that many go scot-free.
      • There are allegations of brutal police manipulating records, intimidating complainants or political patronage. 
  • Lack of Prompt Action From Senior Officials:
    • Lack of stringent action by senior officers gives silent patronage to such brutal torture.
    • When erring personnel are promptly punished, the message goes out loud and clear to other rogue policemen that the law will catch up with them.
  • Poor Service Condition and lack of Police Counselling:
    • Many cases like Prakash Singh judgment and committees have highlighted the poor service conditions of constables.
    • Under pressure, they tend to resort to violence.
  • “No Action” or “Extreme Action”:
    • Union Home Minister Amit Shah said that the police in our country are accused of either “No Action” or “Extreme Action”. 
      • He was speaking at the inauguration of the Centre of Excellence for Research and Analysis of Narcotics and Psychotropic Substances of the National Forensic Sciences University in Ahmedabad.
  • Lack of Comprehensive Accurate Data:
    • For the same question and same time period, two different Ministers of State of the Home Ministry have quoted different data.
  • Marginalised Sections:
    • They do not enjoy socio-economic strength and are more vulnerable to such crimes.
    • The lack of effective legal representation at the police stations is a huge detriment to arrested/detained persons
  • Lack of Awareness:
    • Although there are multiple constitutional declarations and guarantees, people still face these due to a lack of awareness as highlighted by CJI N V Ramana.

Constitutional Provisions

  • Article 20 of the Indian Constitution prohibits self-incrimination.
  • Article 21 (Right to Life) guarantees protection of every life except for procedures established by law.
  • Article 22 prohibits detention in custody without being informed as well as gives the detainee the right to consult and to be defended by, a legal practitioner of his choice.
    • 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 39A provides for NALSA and free legal aid.

Way Ahead

  • In the case of custodial deaths, those guilty should be tried for murder.
  • Police personnel who remain, spectators, when people in custody are being tortured should also be made complicit in the crime. 
  • Sub-divisional police officers and superintendents of police should be held accountable for the impropriety committed by those under their supervision.
  • Dissemination of information about the constitutional right to legal aid and availability of free legal aid services is necessary to keep police excesses in check.
  • Police Reforms and Training for sensitisation can also do wonders.

Conclusion

  • Access to Justice is an unending mission for the country so that it can dream of a future based on legal mobility, a future where equality is a reality. 
  • For the longest time, the vulnerable population has lived outside the system of justice facing such atrocities.

Source: IE

 
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