Why in News?
- As per the Ministry of Home Affairs in the last five years, the highest number of custodial deaths has been recorded in Gujarat at 80.
About Custodial Death-
- Custodial death is a death that occurs during a person is in the custody of law enforcement officials or in a correctional facility. It can occur due to many causes like use of excessive force, neglect, or abuse by the authorities.
- As per the Law commission of India, the crime by a public servant against the arrested or the detained person who is in custody be equal to custodial violence.
- Custodial Death in India- A number total of 146 cases of death in police custody were registered during 2017-2018,
- 136 in 2018-2019, 112 in 2019-2020, 100 in 2020-2021, 175 in 2021-2022.
- In the last five years, the highest number of custodial deaths (80) has been recorded in Gujarat, followed by Maharashtra (76), Uttar Pradesh (41), Tamil Nadu (40) and Bihar (38).
- National Human Rights Commission (NHRC) has suggested monetary relief in 201 cases, and disciplinary action in one case.
Possible Reasons for Custodial Deaths-
- Absence of Strong Legislation- India does not have an anti-torture legislation and is still to criminalise custodial violence, while action against culpable officials remains unreal.
- Institutional Challenges- The entire prison system is intrinsically opaque providing less room to transparency.
- India also fails in providing the much desired Prison Reforms and prisons continue to be affected by poor conditions, overcrowding, severe manpower shortages and minimal safety against harm in prisons.
- Excessive Force- The use of excessive force involving torture to target marginalised communities and prevent people participating in movements or propagating ideologies which the state perceives as opposed to its stature.
- Lengthy Judicial Processes- Prolonged, expensive formal processes followed by courts discourage the poor and the vulnerable.
- Not Adhering to International Standard- Although India has signed the United Nations Convention against Torture in 1997 its ratification still remains.
- While signing only shows the country’s intention to meet the obligations set out in the treaty, Ratification, on the other hand, entails bringing in laws and mechanisms to fulfil the commitments.
- Other Factors-
- Medical neglect/lack of medical attention, and even suicide.
- Less training or lack of accountability among law enforcement officials.
- Inadequate conditions in detention centers.
- Underlying health conditions or pre-existing medical conditions that are not appropriately addressed or treated while in custody.
Various Provisions Available Regarding Custody-
- Constitutional Provisions-
- Article 21– As per Article 21, “No person shall be deprived of his life or personal liberty except according to procedure established by law”.
- Protection from torture is a fundamental right enshrined under Article 21 (Right to Life) of the Indian constitution.
- Article 22 – Article 22 provides “Protection against arrest and detention in certain cases”.
- Under Article 22(1) of the India constitution, the right to counsel is also a fundamental right.
- Role of State Government- Police and public order are State subjects according to the Seventh Schedule of the Constitution of India.
- It is the prime responsibility of the state government concerned to ensure the protection of human rights.
- Role of Central Government- The Central Government provides advisories from time to time and also has enacted the Protection of Human Rights Act (PHR), 1993.
- It stipulates set up of the NHRC and State Human Rights Commissions to look into alleged human rights violations by public servants.
- Legal Provisions-
- Criminal Procedure Code (CrPC)- Section 41 of Criminal Procedure Code (CrPC) was amended in 2009 to involve safeguards so that arrests and detentions for interrogation have reasonable grounds and documented procedures, arrests are made transparent to family, friends and public, and there is protection through legal representation.
- Indian Penal Code- Sec 330 and 331 of the Indian Penal Code 1860 provides punishment for injury inflicted for extorting confession.
- Protection under Indian Evidence Act, 1872-
- As per the section 25 of the Act, a confession made to the police cannot be admitted in Court.
- Further, Section 26 of the Act provides that a confession made to the police by the person cannot be proved against such person unless it is made before the Magistrate.
- Indian Police Act, 1861- Sections 7 and 29 of the Police Act, 1861 provide for dismissal, penalty or suspension of police officers who are negligent in the discharge of their duties or unfit to carry out the same.