Custodial Deaths in India

Syllabus
GS Paper II – Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation.
GS Paper IV – Laws, Rules, Regulations and Conscience as Sources of Ethical Guidance;

Context
The National Human Rights Commission (NHRC) has asked Odisha to explain why compensation shouldn’t be recommended for a person who died in police custody.

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Custodial Deaths in India

Introduction

Custodial deaths in India refer to fatalities occurring either in police custody or during judicial custody while individuals are undergoing trial or serving sentences. These incidents represent one of the gravest violations of human rights in a society governed by the rule of law. In the financial year 2021–22, the National Human Rights Commission of India reported 2152 deaths in judicial custody and 155 deaths in police custody until 28 February 2022.

Recent incidents highlight the urgency of addressing Custodial deaths in India

1. UP DGP’s Guidelines: The Uttar Pradesh Director General of Police (DGP) recently reiterated guidelines aimed at preventing custodial deaths.
2. Tamil Nadu Suspension: In Tamil Nadu, a police inspector faced suspension following a ‘custodial death’ incident.
3. Surat Sub-Inspector Case: Earlier this year, a Sub-Inspector from Surat was booked for attempted murder related to custodial torture.
4. State Rankings: Gujarat has reported the highest number of custodial deaths from 2017 to 2022, followed by Maharashtra, Uttar Pradesh, Tamil Nadu, and Bihar.

Efforts to address this issue include legal protections, ongoing reforms, and public awareness campaigns. However, challenges persist, and custodial deaths remain a critical concern in India’s criminal justice system.

Custody and its types

Custody refers to the legal status of being under the protection, care, or guardianship of someone or an institution. In the context of law enforcement and criminal justice, it specifically relates to the detention or confinement of an individual by authorities, either during investigation (police custody) or while awaiting trial (judicial custody).

• Types of Custody
  • Police Custody: In this type of custody, a police officer arrests the accused based on information, complaints, or reports related to a crime. The officer prevents the accused from committing further offenses and brings them to the police station. During police custody, the accused is kept in a lock-up.
  • Judicial Custody: An accused person is placed in judicial custody by order of the concerned magistrate. When presented before the magistrate, the accused can either be sent to jail or kept under police custody by the magistrate. In judicial custody, the police have no right to interrogate the accused unless specific circumstances warrant it.
• Custody and Judicial Remand in India: As per Section 57 of the CrPC, a police officer cannot detain a person in custody for more than 24 hours without seeking special permission from the magistrate.
• Custodial Violence: Custodial violence refers to crimes committed by public servants against arrested or detained individuals who are in custody. These incidents violate human rights and are a serious concern within India’s criminal justice system.

Custodial Death

• Definition: Custodial death refers to a fatality that occurs while an individual is in custody (police or judicial). It can be directly or indirectly linked to activities carried out during the person’s confinement.
• Coverage: These deaths can occur in various settings, including jails, police vehicles, private or medical facilities, and public spaces.
• Occurrence: Custodial deaths may result from negligence by authorities, including torture or cruel treatment by police officers.
• Natural Causes: Sometimes, custodial deaths occur naturally, unrelated to police actions—for instance, when a defendant or accused person passes away due to illness.
• NHRC Instruction: In 1993, the National Human Rights Commission (NHRC) issued a circular mandating that District Magistrates and Superintendents of Police promptly report custodial death incidents to the Commission within 24 hours.

Reasons for custodial deaths

• Absence of Strong Legislation
  • Lack of Anti-Torture Laws: India lacks specific legislation against torture, and custodial violence remains uncriminalized. Accountability for officials involved in such incidents remains elusive.
• Institutional Challenges
  • Opaque Prison System: The entire prison system lacks transparency, hindering effective oversight.
  • Unmet Prison Reforms: Despite the need for reforms, Indian prisons grapple with poor conditions, overcrowding, staff shortages, and inadequate safety measures.
• Excessive Use of Force
  • Targeting Marginalized Communities: Excessive force, including torture, is sometimes used against marginalized groups or individuals associated with dissenting ideologies.
• Lengthy Judicial Processes
  • Barriers to Justice: Lengthy and expensive legal procedures discourage vulnerable populations from seeking justice.
• Non-Adherence to International Standards
  • UN Convention Against Torture: Although India signed the United Nations Convention against Torture in 1997, ratification—requiring legal implementation—is still pending.
• Other Contributing Factors
  • Medical Neglect and Suicide: Custodial deaths can result from medical neglect or even self-harm.
  • Accountability and Training: Poor training and lack of accountability among law enforcement officials play a role.
  • Conditions in Detention Centers: Inadequate or substandard detention facilities contribute to the problem.
  • Health Conditions: Pre-existing health issues may not receive proper attention during custody.

Provisions related to Custodial Deaths in India

Constitutional provisions related to Custodial Deaths in India

• Article 20: Protection Against Arbitrary Punishment
  • Ex-Post-Facto Law: Ensures that a person is prosecuted based on laws in force at the time of the offense.
  • Double Jeopardy: Prevents multiple prosecutions for the same offense.
  • No Self-Incrimination: Shields accused individuals from being compelled to testify against themselves.
• Article 21: Right to Life and Personal Liberty
  • Rights for Prisoners:
    • Right to Bail
    • Right against Solitary Confinement
    • Right against Inhuman Treatment
    • Right against Illegal Detention
    • Right to a Speedy and Fair Trial
    • Right to Meet Friends and Consult a Lawyer
• Article 22: Protection Against Arbitrary Arrest and Detention
  • Immediate Presentation Before Magistrate: Ensures that arrested individuals are promptly presented before a magistrate (within 24 hours).
  • Protection from Ill Treatment: Prohibits torture or mistreatment during arrest or custody.

Legal Provisions related to Custodial Deaths in India

• Offense of Murder (IPC Section 302): A police officer who kills an accused in custody can be charged with murder.
• Custodial Death (IPC Section 304):
  • A police officer may face punishment for custodial death under the offense of “culpable homicide not amounting to murder.”
  • If the case falls within the scope, provisions related to “causing death by negligence” (IPC Section 304) can also apply.
• Abetment of Suicide (IPC Section 306): If a victim commits suicide and it is proven that a police officer abetted the suicide, the officer can be held liable under Section 306.
• Hurt and Grievous Hurt (IPC Sections 330 & 331): If a police officer causes hurt or grievous hurt to extract a confession, they can be punished under these sections.
• Wrongful Confinement (IPC Section 342): A police officer can be penalized for wrongful confinement.
• Arrest Procedures (CrPC Sections 41, 49, and 176):
  • Arrests and detentions must have reasonable grounds and documented procedures.
  • Transparency is essential, and family, friends, and the public should be informed.
  • Legal representation ensures protection during arrests.
• Procedural Safeguards (CrPC Sections 53, 54, 57, and 167): These provisions aim to safeguard individuals arrested by the police.
• Police Accountability (Indian Police Act Sections 7 and 29):
  • Senior police officers have the authority to dismiss or suspend negligent officers.
  • Negligence in carrying out duties is penalized.

Guidelines by the Supreme Court related to Custodial Deaths in India

• Kishore Singh v. State of Rajasthan (1981)
• Third Degree Use: The Supreme Court ruled that police use of “third degree” methods (torture) violates Article 21 of the Indian Constitution, which protects the right to life and personal liberty.
• Nilabati Behera v. State of Orissa (1993)
• State Liability: The Supreme Court held that the state is liable to pay compensation for custodial deaths resulting from police negligence or brutality. This decision recognizes the state’s responsibility to safeguard the right to life.
• Joginder Kumar v. State of Uttar Pradesh (1994)
• Human Rights Violation: The Supreme Court addressed indiscriminate arrests and referred to recommendations from the Third Report of the National Police Commission. It emphasized that police should avoid arrest unless necessary, especially in heinous offenses.
• D.K. Basu v. State of West Bengal (1997)
• Guidelines to Prevent Custodial Torture:
  • Requirements for Arrest Memos
  • Right to Medical Examination
  • Access to Legal Counsel

Custodial Death Guidelines Laid Down in DK Basu Case

• Prohibition of Third-Degree Methods: Police officers are prohibited from using third-degree methods during investigation and interrogation of accused individuals.
• Human Values and Training: Attention should be given to the working environment, training, and orientation of police officials, emphasizing basic human values.
• Legislative Adoption: The legislature should adopt the recommendations from the Law Commission Report by inserting Section 114-B.
• Balanced Approach for Information Extraction: Police officers should employ a balanced approach when extracting information from hardened criminals.
• Arrest Procedures:
  • A memo must be created by the arresting police officer at the time of arrest.
  • At least one family member of the accused should be present during the arrest.
• Constitutional Compliance: Police officers must adhere to the requirements under Article 21 and 22(1) of the Constitution of India.
• Awareness of Rights: Arrestees should be informed of their basic rights at the time of arrest.
• Preventive Measures: The court has outlined preventive measures that police officers must follow during the arrest of an accused individual.

Guidelines by NHRC related to Custodial Deaths in India

• Interrogation Location:
  • Interrogations should occur in a clearly identifiable place designated by the government.
  • Relatives or friends of the arrested person must be informed about the location of the interrogation.
• Human Rights in Interrogation:
  • Interrogation methods must align with recognized rights to life, dignity, liberty, and protection against torture and degrading treatment.
  • A humane approach should be followed during questioning.

Concerns associated with Custodial Deaths

• Violation of Fundamental Laws:
  • Custodial deaths resulting from police torture violate the fundamental structure and values of the Indian Constitution.
  • Articles 20, 21, and 22 of the Indian Constitution are implicated.
• Against Moral Values:
  • Police authorities sometimes abuse detainees even before formal arrest, falsely claiming injuries occurred prior to custody.
  • Recent court rulings highlight the reprehensible abuse of power in custodial deaths, given detainees’ vulnerability and unequal power dynamics.
• Severe Offenses by Police Misusing Custody:
  • Custodial rape is a prevalent form of torture.
  • The infamous Mathura Rape Case involved the alleged rape of a tribal girl by two policemen in Gadchiroli district, Maharashtra.
• Harassment:
  • Police harassment is common and inflicts significant suffering on victims.
  • The Nilabati Behera vs. State of Orissa case exemplifies death resulting from police harassment and beatings.
• Illegal Detention:
  • Depriving an individual of personal liberty without due process constitutes illegal detention.
  • It violates Article 21 of the Constitution and causes immense pain and suffering.
• Rudal Shah vs. State of Bihar:
  • In this case, an accused was unjustly kept in jail for 14 years after acquittal by the Sessions Court.
• Fake Encounters and Landmark Conviction:
  • Pradeep Sharma, a former Mumbai Police ‘encounter specialist,’ has been sentenced to life imprisonment by the Bombay High Court for his involvement in a fake encounter in 2006.
  • This judgment represents the first conviction of police officers in a fake encounter case in India.

Ethical Concerns

• Violation of Human Rights and Dignity:
  • Custodial violence disregards the inherent dignity of every person.
  • It inflicts physical and psychological harm, denying basic human rights.
• Undermining the Rule of Law:
  • Custodial violence contradicts the core principles of the rule of law and due process.
  • Law enforcement officers should uphold justice, equality, and human rights.
• Presumption of Guilt:
  • Torturing individuals before conviction violates the principle of “innocent until proven guilty.”
  • Fundamental rights to a fair trial and due process are compromised.
• Challenging Professionalism and Integrity:
  • Police officers must adhere to high ethical standards.
  • Custodial violence tarnishes the profession’s reputation.

International Conventions on Human Rights and Custodial Torture to which India is a Signatory

• United Nations Convention Against Torture (UNCAT): India is a signatory to this convention, which aims to prevent and punish torture and cruel, inhuman, or degrading treatment.
• Universal Declaration of Human Rights (UDHR): India adheres to the principles outlined in the UDHR, emphasizing fundamental human rights for all.
• International Covenant on Civil and Political Rights (ICCPR): ICCPR commits India to uphold civil and political rights, including the right to life, liberty, and a fair trial.
• Elimination of Racial Discrimination: India participates in the international convention against racial discrimination, promoting equality and combating racism.
• Elimination of Discrimination Against Women (CEDAW): CEDAW focuses on gender equality and the elimination of discrimination against women.
• Rights of the Child: India supports the convention on children’s rights, ensuring their well-being and protection.
• Rights of Persons with Disabilities: The convention on disability rights emphasizes inclusion, accessibility, and equal opportunities.
• Economic, Social, and Cultural Rights (ICESCR): ICESCR addresses economic, social, and cultural rights, including education, health, and work.

Way Forward

• Legal Reforms:
  • Strengthen anti-torture laws and ensure strict enforcement.
  • Conduct prompt and impartial investigations into allegations of custodial torture.
  • Hold perpetrators accountable through fair trials.
• Police Training and Oversight:
  • Enhance police training programs to prioritize human rights and dignity.
  • Implement oversight mechanisms to monitor and address custodial torture cases.
  • Foster a culture of accountability and empathy within law enforcement agencies.
• Civil Society Empowerment:
  • Encourage advocacy by civil society organizations for custodial torture victims.
  • Allow the National Human Rights Commission (NHRC) to inquire into violations even after a year.
  • Provide legal aid and support to victims and their families.
• International Collaboration:
  • Collaborate with global human rights bodies for redress and justice.
  • Adhere strictly to human rights laws, preventing torture and degrading treatment.
• Training and Investigations:
  • Train law enforcement officials on non-lethal methods and proper use of force.
  • Establish independent investigations into all custodial deaths.

Conclusion

Custodial deaths in India are a grave concern, reflecting systemic issues within the criminal justice system. These deaths occur both in police custody and during judicial proceedings. The need for ongoing reforms and increased accountability remains crucial to prevent such tragedies and uphold human rights.

Source: TOI

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Related PYQ

Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analysing their structural and practical limitations, suggest remedial measures. [UPSC Civil Services Exam – 2021 Mains]

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Practice Question

Discuss the ethical concerns related to custodial deaths in India and propose preventive measures. [150 words]

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