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.