Syllabus: Governance
Source: NDTV
Context: A Madurai Bench of the Madras High Court condemned the custodial torture of Ajith Kumar in Sivaganga, Tamil Nadu, calling it “more brutal than a murder.”
About Custodial Death in India:
What is Custodial Death?
- Custodial death refers to the death of a person while in police, judicial, or military custody—before trial, during trial, or after conviction.
- It includes both natural causes (like illness) and unnatural ones (like torture, assault, or negligence).
Custodial Death Statistics in India:
- NHRC (2021–22): 2,150 deaths in judicial custody and 155 in police custody and only 21 saw disciplinary action (0.23%).
- NCRB (2000–2020): 1,888 deaths reported and only 26 convictions despite 893 cases filed against police.
- Between 2017–22: 345 judicial inquiries; 123 arrests, 79 chargesheets, but 0 convictions.
- Tamil Nadu (2016–2022): 490 deaths—highest in southern India.
Reasons for Custodial Deaths in India:
- Lack of Anti-Torture Law: India has signed but not ratified the UN Convention Against Torture and no standalone anti-torture legislation.
E.g. Law Commission (273rd Report) recommended such a law in 2017.
- Opaque Investigations: Police often destroy evidence or manipulate records; conviction is rare.
E.g. In Ajith’s case, post-mortem shifted and CCTV footage missing.
- Overcrowded & Understaffed Prisons: Poor medical care, mental health neglect, and high stress lead to deaths by suicide or illness.
- Targeting Marginalized Groups: SCs make up 38.5% of preventive detenues in Tamil Nadu, despite forming only 20% of the population.
- Weak Internal Accountability: Arrests without FIR, unofficial detentions, and cover-ups are common practices in lower ranks.
Important Judicial Pronouncements:
- DK Basu vs State of West Bengal (1996): Laid down 11 guidelines for arrest and detention—mandatory medical check-ups, arrest memo, etc.
- Nilabati Behera vs State of Orissa (1993): Compensation awarded to victim’s family; held State responsible under Article 21.
- PUCL vs Union of India (2005): Directed installation of CCTV in lockups for transparency.
- In Re: Custodial Violence (2020): Supreme Court asked states to file compliance reports on CCTV installation.
Way Forward:
- Anti-Torture Legislation: Enact a specific law defining custodial torture and mandating time-bound trials.
- Inspired by 273rd Law Commission Report and global practices.
- Independent Oversight: Strengthen NHRC with suo-motu powers, mandatory reporting, and follow-up on police abuse cases.
- Ratify UNCAT: Bring legal and procedural reforms to meet international human rights standards.
- Strengthen Forensic & CCTV Evidence: Use tech-enabled tracking (e.g., body cams, digital case logs) to reduce evidence tampering.
- Police Reforms: Implement the Supreme Court’s Prakash Singh guidelines—fix tenure, separate investigation and law & order duties.
- Special SC/ST Safeguards: Enforce SC/ST (Prevention of Atrocities) Act provisions during detention and custodial procedures.
- Fast-track Courts: Set up special benches for custodial death trials to ensure timely justice and deterrence.
Conclusion:
Custodial deaths reflect not only institutional apathy but also a deep-rooted disregard for constitutional values. Addressing this requires structural reforms, stronger legal safeguards, and a shift towards rights-based policing.
