Published on: 12th January 2025
Authored by: S. Sruthi
The Central Law College, Salem
Abstract:
Custodial violence in India has emerged as a pervasive and entrenched problem, undermining the fundamental principles of justice and human rights. Despite being entrusted with the duty to protect, law enforcement agencies and custodial authorities often perpetrate human rights violations, subjecting detainees to torture, coercion, and even death. This stark reality not only erodes public trust in the justice system but also perpetuates a culture of impunity, silencing victims and discouraging accountability. This project seeks to expose the shadows of justice, highlighting the systemic failures and institutional flaws that enable custodial violence to thrive. By examining the root causes, consequences, and legal frameworks surrounding custodial violence, this study aims to inform policy reforms, advocate for accountability, and create a safe and enabling environment for victims to seek redress without fear of reprisal. Ultimately, this project strives to restore the sanctity of justice and uphold the dignity of human life in India’s justice system.
Keywords: Custodial Violence, Justice, Human Rights, Legal Frameworks
Introduction:
Custody is meant to ensure the safety of individuals while they await justice. Yet, in India, it often turns into a nightmare where human dignity is trampled underfoot. Custodial violence stands as a stark reminder of the systemic abuse of power that continues to plague the country’s justice system. The police and custodial authorities, entrusted with safeguarding the rights of detainees, sometimes turn into violators themselves. Reports of torture, coercion, and even death under custody expose the grim reality where protectors betray their mandate, eroding public trust in law enforcement. What should ideally be a safe haven for detainees awaiting justice often becomes a breeding ground for cruelty. To address this shadowy issue, it is imperative to break these chains of silence and create an environment where victims can seek redress without fear of reprisal. Custodial violence blurs the boundaries between law enforcement and lawlessness. When those tasked with upholding the law become violators themselves, it challenges the very essence of a democratic and equitable society. In custodial settings, the fundamental rights guaranteed by the Constitution often find themselves held captive. The victims, stripped of dignity and agency, stand as living proof of the erosion of human rights in a system meant to protect them. The prevalence of custodial violence raises an unsettling question: is custody a safeguard or a sentence to suffering? This article explores the shadows of justice—custodial violence in India—and its implications on human rights. It delves into the systemic gaps that perpetuate these abuses, the human cost of such violence, and the urgent reforms required to restore faith in the justice system.[1]
A Glimpse into the Past:
Abuse and torture in police custody and jails have a long history, dating back to ancient times. Historical examples include the brutal treatment of prisoners during the Mauryan era, as described in Kautilya’s Arthsastra[2], which details various forms of torture. Islamic law also prescribed severe punishments, such as amputation for theft. During the British Raj, torture was used to extract confessions from innocent individuals. The police system established by the British in 1861 was designed to maintain control and suppress dissent, leading to a legacy of oppression. The “Jail Act” of 1894, which remains largely unchanged, grants significant power to prison authorities to punish inmates for rule violations.
Even after independence, the remnants of such practices lingered within law enforcement. The infamous Mathura Rape Case of 1972[3] brought national attention to custodial crimes, sparking legal reforms like the Criminal Law Amendment Act, 1983. However, the persistence of these abuses underscores systemic flaws that remain unaddressed.
One of the most infamous episodes of custodial violence in the post-independence era was the custodial death of Ramswaroop in 1992. This case, along with others like K.K. Verma v. Union of India (2006)[4], where police officers were implicated in torture and murder in custody, highlighted the brutal realities of detention and the alarming level of abuse that individuals faced while in police custody.
Faces of Custodial Violence :
Custodial violence is a glaring violation of human rights, undermining the integrity of justice systems worldwide. Custodial violence erodes trust in the justice system.
- Physical abuse is the most visible form, involving beatings, electric shocks, and forced postures designed to inflict pain. Many victims leave custody with severe injuries, while some never make it out alive.[5]
- Psychological torture, where detainees face threats, verbal abuse, isolation, and prolonged interrogations aimed at breaking their spirit.
- One of the most heinous forms of custodial violence is sexual abuse, disproportionately affecting women and marginalized communities. These incidents are often under-reported, leaving victims without justice due to fear and stigma.[6]
- Medical neglect further compounds the suffering, as injured individuals are denied timely treatment or access to essential medications, sometimes leading to fatalities.
- The most tragic outcome is deaths in custody, frequently occurring under suspicious circumstances and often attributed to excessive force or negligence. Vulnerable groups, including the poor and minorities, are disproportionately targeted, reflecting systemic bias within law enforcement.[7]
Where power turns toxic, justice loses its voice:
In the last two decades, 1,888 custodial deaths have been reported across India, with 893 cases registered against police personnels while a mere 358 police officers and justice officials were formally accused.[8]
The growing outrage across the country over custodial deaths has cast a glaring spotlight on the issue, reviving urgent demands for police accountability. Civil rights lawyers, NGO’s, and former police officers emphasize that while not all deaths in judicial custody result from torture or beatings, some stem from ailments or medical negligence and those occurring in police custody are often linked to violence.
In police custody, the accused is held in a police station lockup and must be presented before a magistrate within 24 hours of arrest. Judicial custody, on the other hand, places the accused under the magistrate’s authority and confines them to jail. Despite the gravity of custodial deaths, police officers found guilty frequently evade punishment, leaving victims’ families with little to no justice or financial compensation. This persistent lack of accountability underscores the urgent need for systemic reforms to uphold the rule of law and protect human rights.
Statutory Safeguards:
A. CONSTITUTIONAL PROVISIONS:
Article 21: Right to Life and Personal Liberty
Article 21 guarantees the right to life and liberty and has been expansively interpreted by the judiciary to include the right to live with dignity, free from torture and degrading treatment. The Maneka Gandhi v. Union of India[9] case emphasized that the term “procedure established by law” must be fair, just, and reasonable, effectively embedding protections against arbitrary custodial practices
Article 22: Protection Against Arbitrary Detention
This article ensures safeguards during arrests, including:
- The right to be informed of the grounds of arrest.[10]
- The right to legal representation.
- Mandatory production before a magistrate within 24 hours of arrest.[11]
B. BHARATIYA NYAYA SANHITA, 2023
Section 120(1): Voluntarily Causing Hurt to Extort Confession
This section makes it a criminal offense for any person, including police officers, to inflict bodily harm with the intention of extorting a confession.[12] This includes physical torture and is aimed at addressing custodial violence. The punishment for this offense can be imprisonment for up to seven years and a fine.
Section 120(2): Voluntarily Causing Grievous Hurt to Extort Confession
Section 331 makes it a specific offense to cause grievous hurt (i.e., injury that causes significant bodily harm) for the purpose of extracting a confession. The punishment for this offense can be imprisonment for up to ten years and a fine.[13]
Section 127(8): Wrongful Confinement with Intent to Extort Confession
This section criminalizes the wrongful confinement of a person with the intent to extract a confession, punishable with imprisonment or a fine. It acts as a safeguard against illegal detention and the misuse of authority.
C. BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
Section 47: Informing the Arrested Person
This section mandates that an arrested person must be informed of the reasons for their arrest and the right to bail at the time of arrest. Failure to inform the arrested person of these rights is a violation of their legal protections.
Section 53: Right to Medical Examination
Section 53 of the BNSS provides that any person who is arrested has the right to be examined by a medical officer. This section is crucial in preventing custodial torture, as it ensures that any physical injury inflicted during detention is documented and can be used in court to support claims of abuse.[14]
Section 58: Time Limit for Detention Without Magistrate’s Orders
Section 58 mandates that an arrested person must be brought before a magistrate within 24 hours of arrest. This provision ensures that the police cannot detain a person in custody indefinitely and provides a safeguard against arbitrary detention.
Erosion of Human Rights in India:
Human rights are the cornerstone of democratic societies, ensuring that every individual is treated with dignity, equality, and justice. India, with its vibrant democracy, has a constitutional commitment to uphold human rights. From custodial violence to censorship, from religious intolerance to the abuse of the marginalized, the erosion of human rights in India is multifaceted and deeply entrenched in the socio-political landscape.
India’s Constitution, which is often hailed as one of the most progressive in the world, provides an array of fundamental rights to its citizens, which include the Right to Equality (Article 14), Right to Freedom (Article 19), Right against Exploitation (Article 23 and 24), Right to Freedom of Religion (Article 25), Cultural and Educational Rights (Article 29 and 30), and Right to Life and Personal Liberty (Article 21). These rights form the bedrock of India’s human rights framework and are enforceable through the courts.
One of the most disturbing forms of human rights violations in India is custodial violence, where individuals are subjected to physical torture, mental abuse, and even death while in police custody. Custodial deaths, often resulting from police brutality, have been widely reported in various states. Despite the D.K. Basu Guidelines (1997)[15] established by the Supreme Court to curb custodial torture.
Instances of mob lynching, communal violence, and hate speech have resulted in the marginalization of these communities. The Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) have sparked widespread protests[16], as they are perceived by many as discriminatory against Muslims, thereby violating the right to equality and freedom from discrimination under Article 14 of the Constitution.
While India has a rich legal framework designed to protect human rights, such as the National Human Rights Commission (NHRC), judicial oversight, and international human rights conventions, the implementation of these laws remains inconsistent.
Despite legal frameworks and international obligations, human rights in India have been under a serious threat for years. The erosion of these rights is not a recent phenomenon but a gradual process exacerbated by political, social, and legal challenges that undermine the foundational principles of justice.
Conclusion:
Custodial violence is a grave violation of human rights, has long cast a shadow over India’s justice system.Custodial violence stands as a dark blemish on India’s democratic and judicial ethos.For a nation aspiring to global leadership and equity, eradicating custodial violence is not just a legal imperative but a moral necessity.[17] Only by confronting these shadows can India uphold the sanctity of human rights and the principles of justice enshrined in its Constitution.
References:
[1]Custodial Violence: A Grave Violation of Human Rights, Hindustan Times (July 5, 2023), available at https://www.hindustantimes.com.
[2] Kautilya’s Arthashastra, Book IV, Chapter XIII, translated by R. Shamasastry, 1915.
[3] Tuka Ram v. State of Maharashtra, AIR 1979 SC 185
[4] K.K. Verma v. Union of India, AIR 2006 SC 1156.
[5] India’s Custodial Death Toll: A Report by the National Human Rights Commission,” The Hindu (June 10, 2021)), available at https://www.thehindu.com.
[6] “Sexual Violence in Custody: An Analysis,” Economic and Political Weekly Vol. 47, No. 12 (2012): 18-21.
[7] National Crime Records Bureau, Crime in India: 2020 Statistics, available at https://ncrb.gov.in.
[8] https://www.dw.com/en/custodial-deaths-in-india-a-toxic-play-of-power-and-class/a-59873741
[9] Maneka Gandhi v. Union of India, AIR 1978 SC 597
[10] K. Gopalakrishnan, Custodial Violence in India: A Critical Appraisal of the Supreme Court’s Guidelines, 4 INT’L J. HUM. RTS. 356, 356–72 (2000), available at https://doi.org/10.1080/13642980008406875.
[11] Suhail, Protection Against Arrest and Detention Under Article 22 of the Indian Constitution, THE LEGAL LOCK (Sept. 28, 2023), https://thelegallock.com/protection-against-arrest-and-detention-under-article-22-indian-constitution.
[12] Bharatiya Nyaya Sanhita, No. 20 of 2023, § 120(1), Gazette of India.
[13] Section 150 of the Bharatiya Nyaya Sanhita (BNS), MARRIAGE SOLUTION, https://marriagesolution.in/bns_section/section-150-bns.
[14] Bharatiya Nagarik Suraksha Sanhita, No. 22 of 2023, § 53, Gazette of India.
[15] D.K. Basu, (1997) 1 S.C.C. 416.
[16] “Protests Against the Citizenship Amendment Act: A Human Rights Perspective,” Indian Express (Feb. 10, 2020), available at https://indianexpress.com
[17] “India’s Obligation to Uphold Human Rights,” Amnesty International Report on Custodial Violence (2023), available at https://www.amnesty.org.
