Why in the News?
Recently, the custodial death of Ajith Kumar in Tamil Nadu has reignited concerns about police torture and custodial violence in India, drawing attention to the ongoing abuse of power, lack of accountability, and systemic failures in law enforcement.
Note: “Dirty Harry’s shadow” is the ethical grey zone that officers may enter when they justify unethical or illegal behavior (e.g., excessive force, illegal search, or planting evidence) on the grounds that it’s necessary to serve a greater good (like convicting a dangerous criminal).
What is the status of custodial torture in India?
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Why does custodial torture persist in India despite legal safeguards?
- Weak Enforcement of Legal Safeguards: Supreme Court guidelines (e.g., D.K. Basu guidelines) are often ignored, especially by lower-level police.
| The D.K. Basu guidelines are a set of procedural safeguards laid down by the Supreme Court of India in 1996 in the landmark case D.K. Basu vs. State of West Bengal to prevent custodial torture, deaths, and abuse of police power.
Key Guidelines (To be followed during arrest and detention):
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- Lack of Accountability: Very few police personnel are punished, creating a culture of impunity.
3. Societal Indifference and Pressure: Public tolerance for “tough policing” and pressure to solve cases fast encourages use of force to extract confessions. - Legal Gaps That Enable Torture:
- No Standalone Law: There’s no specific law criminalising custodial torture. The 2010 Prevention of Torture Bill was never passed.
- Non-Ratification of UNCAT: India signed but hasn’t ratified the UN Convention Against Torture, so it lacks binding obligations to reform.
- Poor Protection for Victims/Witnesses: Those who report torture often face threats, with little legal protection – delaying or discouraging justice. Eg: The Jayaraj-Bennicks case (2020)
Should India ratify the UN Convention Against Torture?
- Enhances Legal Accountability and Human Rights Protections: Ratifying UNCAT would require India to enact a dedicated anti-torture law, ensuring clear definitions, accountability, and punishment for custodial abuse. Eg: In the Jayaraj and Bennicks case (2020), the absence of a strong torture law delayed justice and highlighted the need for international legal standards.
- Strengthens India’s Global Human Rights Image: As a democracy and UN member, ratification would align India with global norms, reinforcing its commitment to human dignity and justice. India often faces criticism at UN Human Rights Council reviews for non-ratification, which weakens its diplomatic stance on rights issues.
What reforms are needed? (Way forward)
- Enact a Dedicated Anti-Torture Law: Clearly define torture, prescribe strict punishment, and ensure victim compensation and rehabilitation.
- Set Up Independent Oversight Bodies: Create state and district-level police complaints authorities for unbiased investigation.
- Ensure Custodial Surveillance: Install CCTVs in all custody areas and mandate regular monitoring and audits.
- Train Police on Human Rights: Conduct regular training programs focused on rights-based policing and legal safeguards.
Mains PYQ:
[UPSC 2023] The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society”. Illustrate with special reference to the expanding horizons of the right to life and personal liberty.
Linkage: The article explicitly links the Supreme Court’s reaffirmation of “dignity and bodily autonomy as fundamental rights” in the K.S. Puttaswamy case (2017) to the ongoing issue of rampant torture in custody. This question allows for a discussion on how judicial interpretations have broadened the scope of fundamental rights, which are directly challenged by the “Dirty Harry” policing methods that the source criticises.
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