The Alarming Rise of Custodial Deaths

Recent Incidents 

Custodial deaths, a grim reflection of the misuse of power within law enforcement, have been increasingly making headlines in India. In 2022, Gujarat recorded the highest number of custodial deaths for the third consecutive year, according to the National Crime Records Bureau (NCRB). This troubling trend has sparked widespread concern and demands for systemic reforms.

One of the most recent incidents occurred in Karnataka's Davangere district, where 25 people were arrested for vandalizing a police station and throwing stones at police officers following the alleged custodial death of a man named Adil. Adil, who had been detained for his involvement in gambling activities, reportedly died of low blood pressure while in police custody. However, his death sparked accusations of police brutality, leading to violent protests and significant property damage. 

In another case, a 19-year-old man named Yogesh Kumar died by suicide while in the custody of the Noida Police. Detained in connection with a rape complaint, his family accused the police of demanding a bribe and being responsible for his death. The incident led to the suspension of all police personnel involved and an investigation into the circumstances of his death.

These cases are not isolated. The Supreme Court of India recently emphasized the need for a "stricter view" on granting bail to police officers accused in custodial death cases, underscoring the gravity of the issue. The court set aside a bail granted to a police constable involved in a 2021 custodial death case, highlighting the serious nature of such offenses and the need for accountability within the police force.

 

An Overview of Custodial Deaths in India

Custodial deaths refer to fatalities that occur while a person is under the custody of law enforcement officials or in correctional facilities. These deaths can result from various causes, including excessive force, neglect, abuse, or lack of medical care. The Law Commission of India categorizes crimes by public servants against detained individuals as custodial violence.

 

Custodial deaths can occur in different settings:

- Police Custody: Often resulting from torture, excessive force, or denial of medical care.

- Judicial Custody: This can be due to poor conditions, such as overcrowding, inadequate hygiene, or lack of medical facilities.

- Custody of the Army or Paramilitary Forces: This may involve torture or extrajudicial killings.

 

Legal and Constitutional Framework

India has several constitutional and legal provisions aimed at protecting individuals from custodial torture. Article 21 of the Indian Constitution guarantees the right to life and personal liberty, which includes protection from torture and inhumane treatment. Article 20 provides safeguards against arbitrary punishment and forced confessions.

 

Legal protections include:

- Indian Evidence Act, 1872: Prevents confessions obtained under duress from being admissible in court.

- Indian Penal Code (IPC) Sections 330 and 331: Criminalize causing hurt to extort confessions.

- Criminal Procedure Code (CrPC) Section 41: Safeguards against arbitrary arrests and ensures transparency.

 

The Need for Reform 

The increasing number of custodial deaths in India calls for urgent reforms and stronger enforcement of existing laws. The international community, through conventions like the United Nations Convention Against Torture (UNCAT), has established guidelines against custodial violence, yet India continues to face challenges in adhering to these standards.

Strengthening legal systems, ensuring impartial investigations, and holding perpetrators accountable are crucial steps. Police reforms, including better training on human rights and establishing oversight mechanisms, are necessary to prevent abuse. Civil society and human rights organizations must be empowered to advocate for victims and hold authorities accountable.

 

Conclusion

Custodial deaths are a severe violation of human rights and a stark reminder of the need for comprehensive police reforms in India. Recent incidents highlight the urgency of addressing this issue through stricter legal frameworks, enhanced accountability, and a commitment to upholding the dignity and rights of all individuals. The government, judiciary, and civil society must work together to ensure that custodial violence becomes a relic of the past, paving the way for a more just and humane law enforcement system.

 

Authored by: Ansh Verma,

Symbiosis Law School, Noida