“Custodial Deaths in India: Broken System, Absent Accountability, and the Road to Reform”

Abstract

India’s custodial deaths reveal a deeply flawed criminal justice system, marked by a lack of accountability, institutional impunity, and systemic torture. Despite constitutional safeguards and court interventions, custodial violence persists, disproportionately affecting marginalised groups. This article examines the laws governing deaths in custody in India, highlighting their poor enforcement and inadequate accountability. It delves into recent court cases, statistical trends, and the roles of oversight bodies like the National Human Rights Commission (NHRC). The study identifies structural issues that perpetuate custodial violence, including police brutality, prolonged investigations, and judicial inaction. To restore public faith and ensure justice, the article advocates for immediate reforms, such as mandatory CCTV surveillance, independent investigations, and stricter adherence to the D.K. Basu guidelines. It underscores the interconnectedness of law, governance, and human rights, emphasizing the urgent need for systemic changes to curb custodial violence in India.

Keywords: custodial deaths, criminal justice system, systemic torture, custodial violence, National Human Rights Commission (NHRC), police brutality, mandatory CCTV surveillance, Basu guidelines, law, governance, human rights, systemic change.

Introduction

The deaths of people in custody in India show a serious flaw in the criminal justice system and make it clear that it needs to be changed right away. These deaths happen when people die while being held by the police, often in strange circumstances. The issue goes beyond legal issues; it is a major violation of human rights that shows how flawed the police and court systems are. This introduction explains what custodial deaths are, examines the difference between constitutional protections and real-life conditions, and outlines the article’s purpose and scope.

Defining Custodial Deaths: Legal and Practical Perspectives

Custodial deaths refer to fatalities that occur while a person is in police custody or under the authority of another law enforcement agency. The Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) outline the rights of prisoners and the responsibilities of law enforcement. These fatalities are often investigated under multiple provisions of these laws. In practice, custodial deaths may arise from various causes, including police brutality, neglect, torture, or inadequate medical care. The lack of a clear and consistent definition complicates the legal system, making it more difficult to hold offenders accountable and to provide justice for victims and their families.

Paradox: Constitutional Protections vs. Ground Reality

Article 21 of the Indian Constitution protects individuals’ rights, including the right to life and personal freedom. Article 22 safeguards people from being arrested and detained without justification. However, the real world often falls short of these constitutional assurances. There is a systemic failure to uphold these rights in cases of custodial violence, torture, and deaths. The Constitution guarantees people’s rights and dignity, but the methods of enforcement are frequently inadequate, fostering a culture of impunity among law enforcement officials. This disconnect raises crucial questions about the effectiveness of legal protections and whether systemic changes are necessary.

The Broken System: Anatomy of Custodial Deaths in India

1. Institutional Failures

• Police Culture and the Normalisation of Violence

People have long criticised the Indian police system for its culture of violence and lack of accountability. This culture is often kept going by a lack of accountability and oversight, which makes harsh interrogation and detention practices normal. A lot of police officers think that using force is necessary to keep the peace, and they often don’t care about the rights and dignity of the people they are holding. This way of thinking not only leads to deaths in custody, but it also creates a culture where human rights abuses are ignored or missed.

• Failure of Magisterial Oversight

Magisterial oversight is meant to control the power of the police and make sure that arrests and detentions are done legally. This oversight doesn’t always work because there aren’t enough resources, training, or authority. Magistrates often don’t do their investigations and instead rely on police reports, which makes it hard to deal with cases of violence in custody. This systemic failure lets abusive practices continue, making the already high number of custodial deaths in India even worse.

• Loopholes in Medical Examinations

Many problems with the medical exam process for detainees could result in injuries or deaths not being properly documented. In a lot of cases, doctors may not do thorough evaluations or may be swayed by the police, which can lead to biased reports. Medical evidence in custodial death cases is less credible when it is not impartial, making it harder to hold the people responsible accountable. The lack of standard procedures for medical exams makes the problem worse by making it harder to keep track of custodial violence consistently and completely.

2. Structural Vulnerabilities

• Overburdened Judiciary and Delayed Justice

The Indian courts often have too many cases to handle, which makes justice take a long time to be served. This backlog could make it harder to quickly look into deaths in custody, which would let criminals get away with their crimes. Families of victims may have to deal with long legal battles that make their trauma worse and make them less likely to seek justice. Long court cases make people lose faith in the legal system and give police officers a sense of immunity.

• Weak Internal Accountability Mechanisms

Police departments often don’t have enough or any internal accountability mechanisms. There may not be enough resolution for complaints against police officers, and punishment is rarely used. This lack of accountability creates an environment where officers feel free to abuse their power without fear of getting in trouble. The lack of strong internal oversight mechanisms leads to ongoing custodial deaths and makes people trust the police less.

• Political Interference in Police Functioning

When politicians get involved in law enforcement, it makes the problem of deaths in custody worse. Law enforcement agencies may feel pressure to go along with political interests, which could mean they don’t do their job of enforcing the law. This interference can take many forms, like protecting bad cops from being held accountable or changing the course of investigations to protect political allies. These factors hurt the police force’s integrity and create a culture of impunity, making it harder to deal with the root causes of deaths in custody.

Absent Accountability: Why the System Fails

There are more than just a few custodial deaths in India; they are part of a larger problem with the system that lacks accountability. This part looks at the many sides of this failure, focusing on legal loopholes, institutional complicity, and the problems caused by delays in the court system.

1. Legal Loopholes

• Ambiguities in Arrest Procedures

There are a lot of unclear parts in India’s laws about arrests, which makes it easy for police to abuse their power. The Code of Criminal Procedure (CrPC) lays out clear rules for how to make an arrest, but these rules are often ignored or misunderstood. Because it’s not clear what detainees’ rights are and what police officers’ duties are, it’s easy for abuses to go unpunished.

• Challenges of the Burden of Proof

When someone dies while in police custody, the burden of proof often falls on the victims’ families, who must show that the death was caused by police wrongdoing. This is a big problem because families may not have the money or legal knowledge they need to navigate the complicated court system. It is harder for police to get justice when they assume everyone is innocent.

• Protracted FIR Registrations

The First Information Report (FIR) is an important paper that starts the criminal justice process. In cases of custodial death, FIR registrations often take a long time, which can lead to evidence tampering and make it harder to conduct a fair investigation. This delay makes it harder to hold people accountable and encourages police officers to act without fear of punishment.

2. Institutional Collusion

• Police Solidarity vs. Whistleblowing

A culture of solidarity in law enforcement makes officers less likely to report wrongdoing by their coworkers. The “blue wall of silence” protects officers who do wrong and keeps the cycle of abuse going. Whistleblowers face a lot of risks, like harassment and retaliation, which make it harder to hold people accountable and be open.

• The Magistrate’s Restricted Function in Custody Oversight

Magistrates are in charge of keeping an eye on how detainees are treated, but they often only do quick checks instead of thorough investigations. Without strict oversight, human rights abuses can happen without any problems because magistrates may not have the right tools or training to properly assess the conditions of detention.

• Limitations of NHRC’s Authority

The National Human Rights Commission (NHRC) plays a key role in dealing with deaths in custody, even though its powers are limited. The NHRC can suggest actions, but it can’t make people do what it says. This restriction makes it less effective at holding law enforcement accountable and dealing with the systemic issues that lead to deaths in custody.

Judicial Delays and Acquittals

• Alarmingly Low Conviction Rates in Custodial Death Cases

There are disturbingly low conviction rates in cases of custodial death, which shows that the system is failing to deliver justice. Some of the reasons are that there aren’t enough investigations, there isn’t enough evidence, and powerful police unions have too much power. As a result, many families still don’t have answers, and criminals often get away with their crimes.

• Exemplars of Extended Legal Proceedings

Several case studies show that custodial death cases take a long time to go through the courts. Delays can last for years, making witnesses unavailable, losing evidence, and making the public less interested. Longer trials not only make the victims’ families’ pain worse, but they also make police officers feel like they can get away with anything.

• The Dilemma of Bail vs. Justice

Bail in cases of custodial death is a very difficult issue. Many times, police officers who are accused are given bail, which raises concerns about witness tampering and the possibility of more wrongdoing. This problem shows how the legal principle of presumption of innocence and the need for justice for victims and their families are at odds.

Case Studies: A Reflection of the Crisis

The deaths of people in custody in India are not just numbers; they show that the police and the criminal justice system have problems that need to be fixed. A lot of high-profile cases have brought this issue to the forefront, making it clear that accountability and reform are urgently needed. In this part, we look at important case studies that show the problem of custodial deaths in India.

The Case of Jayaraj and Bennix (Tamil Nadu, 2020)

The tragic deaths of P. Jayaraj and his son J. Bennix in Tamil Nadu in June 2020 caused outrage and protests all over the country. The two were arrested for allegedly breaking the rules of the COVID-19 lockdown. Reports say that they were subjected to extreme police violence while in custody, which led to their deaths. Reports from the autopsy showed many injuries that looked like torture, such as a lot of blunt force trauma.

The case got a lot of media attention and public outrage, which led to calls for justice and accountability. The Madras High Court stepped in and ordered the CBI to look into the matter. This case shows how bad custodial violence really is and how important it is to make changes to the system so that these things don’t happen again.

Vikas Dubey’s Encounter in Uttar Pradesh in 2020

The fight with gangster Vikas Dubey in July 2020 raised a lot of questions about the police’s responsibility and the rule of law. During a raid on his home, Dubey took part in the murder of eight police officers. He was shot and killed while being taken to jail, allegedly during a fight with police. There were a lot of arguments about how he died, with claims of extrajudicial killings and police involvement.

This case brought to light the widespread problem of police often going beyond the law, which creates a culture of impunity. The event brought to light worries about the police’s lack of accountability and the need for changes to ensure that justice is served through the legal system rather than through illegal actions.

The case of Thangjam Manorama (Manipur, 2004)

Thangjam Manorama, a 32-year-old woman, died in police custody in July 2004. This is an example of the widespread human rights abuses in India. The Armed Forces (Special Powers) Act (AFSPA) says that the Assam Rifles, a paramilitary unit, caught Manorama. Her death, which was said to be caused by torture and sexual assault, led to large protests and calls for justice.

The case brought attention to the issue of deaths in custody and draconian laws like AFSPA, which give security forces too much power. The public outcry after Manorama’s death led to a lot of talk about the need for accountability and the repeal of such laws. This shows how important it is to protect human rights in areas of conflict.

The road to reform: possible solutions

To fix the problem of custodial deaths in India, we need a plan that includes quick fixes, changes to the way the system works, and changes to the way law enforcement and society work together. Here are some possible solutions that could help bring about big changes.

1. Quick Fixes

• All police stations must have surveillance cameras.

One of the best ways to make police custody more accountable is to put closed-circuit television (CCTV) cameras in all police stations and interrogation rooms. This step would create a clear record of interactions between police and detainees, which would help prevent violence and abuse. The video can be very important in investigations into deaths in custody because it makes sure that any wrongdoing is caught and fixed.

• Fast-Track Courts for Cases of Violence in Custody

Setting up special fast-track courts for cases of custodial violence is important to speed up justice for victims. These courts would give priority to cases involving police misconduct and deaths in custody, which would speed up the judicial process. Quick justice helps victims and their families, and it also stops law enforcement from doing wrong in the future.

• Improving forensic skills

For a thorough investigation of custodial deaths, law enforcement agencies need to improve their forensic skills. This includes teaching staff about forensic science, improving lab facilities, and quickly gathering and analysing evidence. A good forensic framework can find out what caused someone’s death and find any criminal activity, making sure that criminals are held accountable.

2. Systemic Overhaul

• Implementing Prakash Singh Police Reforms

The 2006 Prakash Singh judgment set important rules for police reforms in India, with an emphasis on professionalism and accountability in law enforcement. To make the police more accountable, it is important to put these reforms into action. These reforms include setting up State Security Commissions and clearly defining the roles of investigators and police officers. These changes can help stop people from abusing their power and make people trust the police more.

• Setting up independent investigative groups

To make sure that investigations into custodial deaths are fair, independent investigative bodies should be set up. These groups, which would not be influenced by the police, would be in charge of looking into reports of violence and deaths in custody. These groups can help restore public trust in the judicial system and make sure that accountability is upheld by providing an unbiased framework for investigation.

• Reviewing laws against torture

India does not currently have strong anti-torture laws, which is a major problem with the legal system. It is very important to go back and make strict anti-torture laws that make torture and cruel treatment in custody crimes. This law needs to include harsh punishments for criminals and ways to protect victims and witnesses. This will show a stronger commitment to human rights.

Change in Culture

• Training and making police officers more aware

To stop deaths in custody, the culture of law enforcement needs to change. Long training programs that focus on human rights, ethical law enforcement, and the need to treat detainees with respect can help with this. Sensitisation workshops can help police officers understand how their actions affect people’s mental and social health, which can help create a culture of respect and accountability.

• Programs for Community Policing

Community policing programs can help bring law enforcement and the communities they serve closer together. Involving community members in policing efforts builds trust and makes police more accountable. Community policing encourages people to work together by letting them voice their concerns and work to make their neighbourhoods safer and more just.

• What the Media Does to Hold People Accountable

The media is very important for making sure that police are held accountable for deaths in custody. Investigative journalism can bring cases of abuse to light and get people talking about them, which can lead to action from the government. Encouraging responsible journalism and building partnerships between the media and law enforcement can make things more open and accountable, making sure that deaths in custody are not ignored.

By putting these possible solutions into action, India can make a lot of progress in stopping custodial deaths and making the police more accountable and humane. The road to change is long and hard, but everyone working together can make society safer and fairer.

Conclusion

Summary of Key Findings

Custodial deaths in India show that the criminal justice system is not working properly, which shows that the rule of law and human rights are not being upheld. The legal system may seem strong, but it doesn’t always work because of a culture of impunity, poorly trained police officers, and a lack of ways to hold people accountable. Even though the Constitution protects people and the courts step in when necessary, the fact that custodial deaths keep happening shows that the system is broken and puts security ahead of people’s rights and dignity. The numbers show a worrying trend: many cases of violence in custody go unpunished, which makes people trust the police even less.

The Next Step: Finding a Balance Between Rights and Safety

It is important to find a balance between protecting people’s rights and keeping the public safe in the future. This means that police departments need to change the way they do things, putting more emphasis on training officers on human rights and ethical policing. Policymakers need to understand that enforcing the law well does not mean sacrificing people’s dignity; in fact, it is strengthened by a commitment to justice and accountability.