Details About Custodial Violence
Information on violence in custody:
- Despite 1,727 such killings being documented in India between 2001 and 2018, just 26 cops were found guilty of custodial violence, according to data from the National Crime Records Bureau (NCRB).
- Only 4.3 percent of the 70 fatalities in 2018 were related to injuries sustained while under police custody as a result of physical abuse.
- In the entire nation, barring Uttar Pradesh, Madhya Pradesh, Chhattisgarh, and Odisha, no policeman was found guilty of causing such deaths.
- In addition to custody deaths, between 2000 and 2018, the police were accused of violating more than 2,000 other human rights. And in those cases, just 344 police officers were found guilty.
- Low Conviction Reasons The majority of deaths in custody were linked to causes other than custody abuse, such as suicide and passing away in hospitals while receiving treatment.
Causes of Custodial Violence:
- Absence of Effective Law: India lacks a strong anti-torture law and has not yet made incarceration violence a crime. Meanwhile, real action against responsible officials is still a pipe dream.
- The Indian government either denies that torture occurs there or justifies its opposition to passing legislation by arguing that the local legal system already contains enough provisions to outlaw and punish torture.
- However, these claims continue to be flimsy and lack such safeguards.
- Institutional Difficulties: Because of the inherent opaqueness of the entire jail system, transparency is limited.
- Without prior authorization, such as a deposit of “Rs. 1 lakh in the name of the Superintendent of the Concerned Jail,” admission to prisons is not permitted.
- All recorded or documented material in the prison is examined in great detail.
- India likewise falls short of implementing the highly wanted jail reforms, and prisons there continue to suffer from subpar conditions, overcrowding, severe labour shortages, and a lack of adequate safety measures against harm.
- Excessive Force: The use of excessive force, including torture, against marginalised groups and individuals who support movements or ideas that the state deems to be inimical to its interests.
- The United Nations Convention against Torture was signed by India in 1997, although it has not yet been ratified, violating an international standard.
- Ratification, on the other hand, involves enacting legislation and other procedures to carry out the promises, whereas signing just expresses a nation’s will to uphold the duties outlined in the treaty.
Legal and Constitutional Provisions:
- According to Article 21 (Right to Life) of the Indian constitution, the right to be protected against torture is a fundamental one.
- According to Article 22(1) of the Indian Constitution, the right to legal representation is also a basic right.
- The Criminal Procedure Code (CrPC) was amended in 2009 to add safeguards under Sections 41A, 41B, 41C, and 41D, ensuring that arrests and detentions for questioning have legal justification and follow established procedures, that arrests are disclosed to loved ones, friends, and the public, and that people are protected by legal representation.
Suggestions:
- The UN Convention Against Torture should be ratified by India because it will require a thorough examination of colonial laws, procedures, practises, and policies governing the custody and treatment of people who are subjected to any type of arrest, detention, or imprisonment.
- Additionally, it will imply that special procedures for the victim’s redress and compensation will be established in addition to organisations like the Board of Visitors.
- Police Reforms: Guidelines for educating and training those involved in situations involving deprivation of liberty should also be developed, as torture cannot be effectively avoided until senior police authorities properly foresee the importance of such issues and clearly reorient current procedures.
- Access to Prison: Independent and qualified individuals should have regular, unrestricted access to places of incarceration for inspection.
- The interrogation rooms in police stations should also have CCTV cameras installed.
- As a preventive measure against incarceration torture, the Supreme Court recommended that surprise inspections by Non-Official Visitors (NOVs) be made mandatory in its seminal ruling in the DK Basu Case in 2015.
- Implementation of Law Commission of India’s 273rd Report: The report advises that individuals accused of engaging in detention torture, including police officers, members of the armed forces, and paramilitary personnel, be criminally prosecuted in order to create an effective deterrence.
