Custodial Deaths in India

GS2 – Governance

  • Trigger: A recent custodial death in Tamil Nadu has once again exposed deep-rooted flaws in the system concerning police accountability.
Structural Issues Behind Impunity
  • Zero Convictions: From 2017–2022, no police official was convicted for custodial deaths, revealing systemic failures.
  • Contributing Factors:
    • Lack of Institutional Resolve: Weak administrative and political will hampers justice.
    • Inadequate Evidence Mechanism: Poor witness protection and weak forensic practices hinder trials.
    • No Independent Investigation: Investigations are rarely impartial, often undermining credibility.
    • Solidarity Culture in Police: Officers often protect their peers, shielding them from legal repercussions.
Human Rights Data:
  • 74 human rights violation cases—from illegal detention to torture and death—were recorded between 2017 and 2022, most resulting in negligible accountability.
Caste Disparities in Tamil Nadu
  • Overrepresentation of SCs: Though Scheduled Castes form around 20% of Tamil Nadu’s population, they constituted 38.5% of detainees in 2022.
  • Preventive Detention Misuse: Tamil Nadu had 2,129 preventive detainees (nearly half of India’s total), many booked under the Goondas Act without formal charges—disproportionately affecting marginalized communities.
Existing Legal Safeguards
  • Article 21: Protects life and liberty from arbitrary state action.
  • CrPC Section 176(1A): Mandates judicial inquiries for custodial deaths.
  • NHRC Guidelines: Require immediate reporting, video-recorded post-mortems, and independent investigations.
  • SC Judgment – D.K. Basu v. State of West Bengal (1997): Lays down mandatory procedures during arrests and detention.
Reform Recommendations
  • Establish independent complaints authorities with legal and operational autonomy.
  • Set up fast-track courts for custodial violence cases.
  • Make CCTV and bodycams mandatory in all custody facilities.
  • Empower NHRC with prosecutorial powers and resources.
  • Enforce police reforms proposed by the Second ARC and the Prakash Singh case.
  • Train police in human rights and anti-caste discrimination practices.
  • Enact a standalone anti-torture law, as per Law Commission recommendations and UNCAT obligations.

Leave a Reply

Your email address will not be published. Required fields are marked *