Why in the News?
The custodial death of Ajith Kumar in Sivaganga district, Tamil Nadu, has once again sparked widespread anger across the country over police brutality and the lack of accountability in such cases.
| Note: Custodial death refers to the death of a person while in police or judicial custody, due to torture, negligence, or maltreatment by authorities.
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What are the key reasons behind recurring custodial deaths in India?
- Use of Excessive Force and Torture: Police personnel often resort to physical abuse during interrogations, leading to serious injuries or death. Eg: In 2023, Tamil Nadu reported multiple cases of custodial torture, including the Ambasamudram case, which involved the brutal beating of detainees with iron rods.
- Weak Legal Enforcement and Delayed Justice: Despite numerous inquiries, very few convictions are secured against police officers involved in custodial violence. Eg: Between 2017 and 2022, 123 police personnel were arrested and 79 were chargesheeted, yet zero convictions were recorded across India.
- Lack of Independent Oversight: Most investigations into custodial deaths are conducted internally with minimal external checks or judicial scrutiny. Eg: Only 345 magisterial/judicial inquiries were initiated between 2017 and 2022, despite over 11,000 custodial deaths reported during this period.
- Culture of Impunity within the Police Force: A persistent lack of accountability creates an environment where violations are repeated without fear of consequences. Eg: Out of 74 human rights violation cases filed against police between 2017 and 2022, only 3 convictions were secured.
How are Scheduled Castes disproportionately affected in detentions?
- Overrepresentation in Preventive Detentions: Scheduled Castes (SCs) are detained at a much higher rate than their population share, reflecting systemic bias. Eg: In Tamil Nadu (2022), SCs accounted for 38.5% of detainees under preventive laws, despite forming only 20% of the State’s population.
- Targeted Policing and Social Vulnerability: SC communities often face discriminatory policing, leading to higher instances of illegal detention and custodial violence, especially under vague or discretionary laws. Eg: Tamil Nadu had 2,129 detenues as of December 31, 2022 — nearly half of India’s total — with a large share from SC backgrounds.
What are the steps taken by the Indian Government?
- Judicial: Enforcement of Article 21 and DK Basu guidelines by the Supreme Court to prevent custodial torture.
- Legal Safeguards: According to CrPC Section 176(1A), judicial inquiry is mandated in custodial death cases.
- Institutional Oversight Mechanisms: Establishment of the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) to monitor, investigate, and recommend action on custodial violence.
- Police Reforms: Training under Modernisation of Police Forces (MPF) to promote human rights-oriented policing.
- Technological Measures: Implementation of CCTV in police stations, body cameras, and e-Sakshya app for real-time evidence collection.
What are the case studies?
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How can reforms curb impunity in custodial violence cases? (Way forward)
- Establish Independent Investigation Mechanisms: Create autonomous bodies or empower judicial magistrates to investigate custodial deaths and torture cases, ensuring unbiased inquiry and reducing conflict of interest.
- Enact a Robust Anti-Torture Law: Pass a dedicated legislation aligned with the UN Convention Against Torture, clearly defining custodial violence, laying out punishments, and providing legal remedies to victims.
- Ensure Accountability and Transparency: Mandate the use of CCTV and body cameras in all custody areas; implement real-time digital monitoring like e-Sakshya. Need Fast-track trials and ensure strict action against guilty officers to create a strong deterrent.
Mains PYQ:
[UPSC 2021] Though the Human Rights Commissions have con tributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their structural and practical limitations, sug gest remedial measures.
Linkage: The article talks about the clear pattern where “a significant number of custodial deaths take place, of which a considerable number of them are reported, a few of the policemen are arrested, and none of them are convicted. This question is highly pertinent to the issue of custodial deaths and the lack of police convictions.
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