This article is written by Simran Kaur Bilkhu, a law student at, Balji Law College, Pune University during her internship with LeDroit india.
Introduction
Custodial Death is the torture and violence that the police have been using that has created such a big issue like death. This is not right that any person being treated like that for any cause by any one and to be particular that of a public police officer, who is here to protect the people and not hurt them to a stage that they die. A person who dies in the custody of the police while under investigation is called custodial death. It has become very common in our country where we hear a lot more about custodial death rather than getting the truth. In a recent case of Jeyaraj Beniks residing in Thoothukudi in Tamil Nadu ran a mobile shop nearby a market, one of the days during the curfew they were alleged for keeping their shop open for fifteen minutes. They were taken into custody for three days and were tortured pathetically over a minor violation. While due to this they took their last breath on their third day of lockup.
Using force or violence to bring out answers for the investigation is one thing and torturing someone till a point he dies is something else. Nobody should get hurt in the process of investigation. It has come to notice by society and other people that the police have been misusing their rights and special powers, which highlights that this is the main reason why custodial deaths are taking place.
The discussion on the psychology and mentality of police officers
Now talking about, the lack of robust anti-torture law, and custodial violence has yet to be criminalised. However, the Supreme Court and the National Human Rights Commission have given instructions on the procedure to be followed during an arrest. The prison authority also comes as an example under the same. The Indian jail system is opaque, and most prisons are overcrowded and in deplorable conditions. Victims are also tortured by jail officials and inmates. When the police give over the accused to the jail officials, they are required to evaluate him for injuries and make a note of them. This clause is frequently ignored, and the police and jail officials routinely work together.
The media also wants attention, which exaggerates some news stories simply because the victims are members of a minority group or for political gain. Last but not least, the general population should not engage in provocative behaviour with officials and should not break the law for personal gain.
Now, Complaints of Abuse of power and torture of suspects into custody of police and other law enforcement agencies have the power to detain a person for investigation in connection with interrogation of an offence are on upward trend.
Role of Judiciary
Article 22 of the Indian Constitution guarantees freedom from arrest. An accused must be notified of the reasons for his arrest and given the option to speak with a legal practitioner. It also grants the right to appear in front of a magistrate within 24 hours following arrest. Article 21 implies a right against custodial harassment. The above-mentioned rules are the fundamental rights guaranteed to those who have been detained.
The infrastructure offered to police should be improved in order to improve operational efficiency and decrease stress on officers. CCTV cameras are being installed at police stations and jails. Educating police officers on how to engage with and handle the public. As most of the detainees in jails are undertrials, there is a need for large-scale prison reforms and speedier case disposition. The Union Home Minister has stated that police should shift from traditional third-degree torture to scientific investigations.
The Union Home Minister has stated that police should shift from traditional third-degree torture to scientific investigations. Police officers engaged in custody killings should be punished under the law, rather than being restricted to administrative discipline. Section 176(1A), which requires a judicial inquiry in situations of death, disappearance, or rape in police or judicial custody, should be vigorously enforced. Magistrates should cease remanding people automatically and instead conduct their tasks properly as required by law. India must ratify the UN Convention Against Torture and enact anti-torture laws.
Regular inspections of detention institutions and jails by impartial bodies are required. For the sake of the vested interests of a few, media outlets should guarantee that news is reported in black and white rather than painting it with religion and caste colours. People must honestly obey the law and respect officials and government directives. A citizen’s obligation is to follow the country’s regulations and laws.
Section 51 of the Criminal Procedure Code every individual has the right to know the reasons for his capture and have a direction. Furthermore, in particular a warrant is to be given to capture an individual. In certain cases where a warrant isn’t needed according to Section 41 of the CrPC, the police in the appearance of doubt and obtaining help for additional examination toss individuals in jail without making sure about the bases for their doubt.
Police as often as possible neglect to create suspects before an officer inside 24 hours, and don’t allow suspects to consult a lawyer. Police met by Human Rights Watch say they don’t keep these lawful prerequisites since 24 hours is an inadequate chance to assemble data from the suspect. The simple mortification and injury of being secured up in correctional facilities for a couple of hours incites individuals to kill themselves.
A Judicial judge has the power to record admissions and proclamations coming out of his own will in and regardless if the individual declines his will in his admissions then the judge will not approve his detainment in police guardianship as expressed in Section 164 of the CrPC.
There are rights of prisoners and under trails against custodial torture in India, even after the common general public has accepted that these are the normal routine interrogations conducted by the police on account of crime committed by an individual. The violations that the officers do include illegal detention, torture, fake encounters, etc. but for obvious reasons they are reframed and vocabulary-ly reframed as ‘sustained interrogation’, ‘examining’, ‘questioning’. The main abuser of this human right against custodial torture was considered as the police and jail authorities who were actually given the duty of protecting the rights of every human being. The brutal atrocities by these agencies are even today increasing menacingly day by day.
Conclusion
In India, the first visible point of contact for the people in the event of a crime is the ‘Police’. It is the only agency having the widest possible contact with the people.
In a rights organisation research it was shown that, 1731 persons died in police and court detention in India in 2019. More than 90% of them died while in police custody. Among Indian states, Uttar Pradesh tops the list, followed by Tamil Nadu. People from destitute and marginalised groups account for more than half of all custodial loss. Which is not what the citizens expect from the officers. And therefore, it should be the responsibility of the police to do their duty and protect the rights of people rather than violating it themselves.it is very common that the police officers have been in the critics globally for the excess of powers and duties which they are entrusted to. The unfortunate situation here is because the powers granted to the officers to carry out investigations have been violating citizen’s rights rather than protecting their rights or them.
Human Rights are available for everyone even if one has committed a crime. The prison cannot keep out the basic rights of an individual. The prisoners in India are entitled to Article 21 of the Indian Constitution of Right against Custodial Torture. However there are other ways like NGO’s
