Context
A custodial death case that happened in 1995 was argued in the Supreme Court of India on September 25, 2024, and ended with a split decision of the bench. The following case relates to the death of one Shama alias Kalya who was said to have been tortured by police while in their custody. High profile arrest delivers potential outcomes to the Law enforcement agencies in India regarding their accountability and emphasizes on the problem of custodial violence.
Custodial Death
- Custodial deaths, that is fatalities in police, judicial or prison custody are one of the worst human rights abuses and a major threat to the legal system in India. These occurrences necessitate utmost concern of the police, professionalism and manner of handling citizens, continued cases of human rights violation as enshrined in the Constitution.
- Custodial deaths can occur in two primary contexts: Police remand and Judicial remand. Police custody can be defined as the process where a suspect is kept under the custody of police for interrogation or some investigation purposes In contrast judicial custody relates to the practice where a suspect is held under the custody of some judicial officer during trial. Till date the cases of custodial deaths in India have been quite high as per different reports have shown. The data released by the National Human Rights Commission (NHRC) reveal that in the financial year 2021-22, 2,152 deaths took place in judicial custody and 155 in police custody. A detailed study by the National Campaign Against Torture (NCAT) found out that 1,606 deaths were reported having taken place in judicial custody in the financial year 2018-19 only, effectively establishing the severity of this problem.
Causes of Custodial Deaths
Custodial deaths often stem from various factors, including:
- Police Brutality: Examples of the application of excessive force during an interrogation may even result in death.
- Negligence: Neglecting detainee’s need of medical attention can lead to their death due to ailing health conditions.
- Lack of Accountability: Police misconduct increases the rate of violence within society since police officers know they can commit a crime and get away with it.
Lack of proper and strict supervisory measures over the police eradicates any accountability of the police personnel, paving way for custodial violence.
Notable Cases and Their Impact
There have been instances of custodial deaths in India which most often go unnoticed but few prominent ones include the following. For instance:
- P. Rajan (1976): A young engineering student arrested during the Emergency. When in custody he was tended to as presumed dead and despite the police releasing him, he was last seen dead.
- Suman Behera (1987): His death underwent a constitutional provision in the Supreme Court that provided the victims’ families compensation; this was the precedent of accountability.
- P.Jeyaraj and Bennicks (2020): They were tortured brutally and killed which led to protests across the country against police brutality and for reforms.
In both of these cases they show the most extreme symptoms of what a lot of policing does is wave systemic problems under the rug and ignore their frailty while perpetuating custodial violence in plenty of other cases.
Reforms and Recommendations
To address the issue of custodial deaths effectively, several reforms are necessary:
- Strengthening Oversight Mechanisms: Setting up of impartial authorities as investigative agencies in cases of alleged custodial violence.
- Training and Capacity Building: Ensure constant refresher courses and training as to the provisions of the human rights standards that police officers should follow and the general ethical standards in police work.
- Public Awareness Campaigns: Informs citizens on how to conduct themselves when arrested and the legal action to take when they have been mistreated.
- Implementation of Guidelines: Compliance with legal requite relating to arrest and detentions, as held by the courts of law.
Conclusion
Custodial deaths remain a critical concern within India’s criminal justice system, reflecting broader issues related to police accountability and human rights violations. The need for comprehensive reforms is urgent to prevent future occurrences and uphold the rule of law. By addressing systemic flaws within law enforcement agencies and fostering a culture of accountability, India can take significant strides toward ensuring justice for victims of custodial violence and safeguarding fundamental rights for all citizens.
Source: The Indian Express