Custodial deaths in India, what are they? Let's explore further

What does Custodial Death mean?

Custodial death denotes the demise of a person during police or judicial detention. This can happen prior to trial, during questioning by police, or post-conviction.

The death could result from torture, neglect, lack of medical assistance, or possibly under questionable conditions.

It infringes upon the constitutional rights of;

Article 20(1): No individual shall face punishment exceeding what is outlined by law.

Article 20(3): Safeguards against self-incrimination; any admission obtained through coercion is not permissible.

Article 21: Guarantees the safeguarding of life and individual freedom, even within police or judicial detention.

Custodial Deaths in India: Parliamentary statistics indicate that there were 11,656 custodial deaths documented from 2016-17 to 2021-22 throughout India.

Uttar Pradesh led with 2,630 fatalities, whereas Tamil Nadu (490) recorded the most deaths among the southern States.

Nonetheless, not every death in custody results from police misconduct.

Causes of increased Custodial Deaths in India

Legal Gap: India has signed the UN Convention Against Torture (UNCAT) of 1997 but has yet to ratify it, indicating it is not legally obligated to enforce its terms.

The Prevention of Torture Bill (2010) expired in Parliament, and later attempts to propose legislation have been postponed or weakened.

Procedural Errors and Holdups: In the K Basu vs. State of West Bengal (1997) case, the Supreme Court of India established important guidelines to avert custodial mistreatment.

Nonetheless, courts frequently depend on magisterial investigations, processes filled with procedural errors and holdups.

Institutional Motivations: Confessions obtained through violence continue to be regarded as evidence, even though they are not permissible according to Section 25 of the Indian Evidence Act.

Weak Accountability: Usually, the department implicated carries out the investigations into custodial deaths.

Even when judicial inquiries are initiated, they tend to be slow, unclear, and indecisive.

Political Interference: In India, policing frequently faces political pressures that undermine unbiased action and provide protection.

Global Legal Structures for Safeguarding

United Nations Charter (1945): It outlines the aims and principles of the UN, including the advancement of human rights.

Universal Declaration of Human Rights (1948): It forbids torture and guarantees the presumption of innocence.

International Covenant on Civil and Political Rights (1966): It safeguards the right to life and forbids torture.

The Nelson Mandela Rules, formally referred to as the UN Standard Minimum Rules for the Treatment of Prisoners 2015, set forth baseline standards for the humane treatment of every person deprived of their freedom.

European Convention on Human Rights (1950): It acknowledges personal dignity and availability of justice systems.

Suggestions for Improvement

Law Commission Findings:

69th Report (1977) of the Law Commission of India: It recommended the addition of Section 26A to the Indian Evidence Act to allow confessions made before senior police officials to be admissible.

The 273rd Report of the Law Commission of India proposed an anti-torture law, stating that the current legal protections in India are inadequate.

Police Reforms: Enforce the Supreme Court’s Prakash Singh vs. Union of India (2006) mandates, encompassing:

Division of the police's investigative and law enforcement roles.

Creation of Police Complaints Authorities.

Compulsory Technology Implementation: Surveillance cameras in interrogation spaces, electronic documentation of interviews, and body-worn cameras should be standard practice.

Judicial Reforms: Establishing fast-track courts for custodial offenses and imposing harsh penalties on complicit officials is crucial.

Final thoughts

Deaths in custody are not merely administrative shortcomings but reflect a more profound issue within India’s criminal justice system.

Regardless of constitutional protections, legal measures, and court rulings, the prevalence of torture and maltreatment in detention persists significantly.

India needs to not only maintain its constitutional principles but also meet its global commitments by implementing a thorough anti-torture law, enhancing institutions, and guaranteeing accountability.