Custodial violence, a grave violation of human rights, involves torture and violence inflicted upon individuals in police or judicial custody. The Law Commission of India defines it as a crime perpetrated by a public servant against an arrested or detained person. This abuse of power often results in death or severe trauma for the victim, encompassing illegal detention, wrongful arrest, humiliation, extortion, and physical, mental, and sexual violence. It is important to note that "custodial violence" is not explicitly defined under any specific law.
Types of Custodial Violence
Authorities may resort to various forms of violence depending on the circumstances, often with the aim of extracting information or abusing their authority:
1) Physical Violence: The most common form, involving physical force to cause bodily harm and exhaustion. In some cases, it can instill fear of immediate death in the victim.
2) Psychological Violence: This involves mental harm through deprivation of basic needs like food, water, sleep, or toilet facilities, leading to a loss of confidence and morale. Threats against loved ones can also inflict mental agony.
3) Sexual Violence: Any sexual act or attempt to obtain a sexual act through violence or coercion, including rape and sodomy.
Reasons Behind Custodial Violence
Several factors contribute to the persistence of custodial violence in India:
Absence of Strong Legislation: India lacks specific anti-torture legislation and has not criminalized custodial violence. The state has resisted enacting a law, claiming that existing domestic legal provisions are sufficient to prohibit and penalize torture, but these claims are superficial.
Legal and Constitutional Provisions
While India lacks a specific law against custodial torture, several provisions attempt to address this issue:
1) Constitutional Rights: Article 21 of the Constitution guarantees the right to life and personal liberty, emphasizing the "right to live with dignity".
2) Indian Evidence Act: Sections 25 and 26 relate to confessions made to the police.
3) Section 176(1A) of the CrPC calls for a mandatory judicial inquiry related to incidents of deaths, disappearance, rape, etc. in judicial custody. This section was added to recognize custodial violence as a serious crime.
4) Protection of Human Rights Act, 1993: This act established the National Human Rights Commission (NHRC) to address human rights violations, including custodial torture.
Landmark Supreme Court Judgments
Several Supreme Court judgments have played a crucial role in recognizing and addressing custodial violence:
1) Nilabati Behera vs. State of Orissa, 1993: The Supreme Court found injuries inflicted on the victim while in custody, indicating custodial violence. It held the state responsible for compensation, awarding Rs. 1,55,000.
2) D.K. Basu vs. State of West Bengal, 1997: The Supreme Court recognized custodial violence and police brutality as an attack on human dignity. The court laid down 11 guidelines to be followed during an arrest, providing various rights to the arrested person.
Above guidelines are incorporated in statute by criminal law amendment Act 2008.
Read said amendment here: Click here
3) State of Uttar Pradesh v. Ram Sagar Yadav, AIR 1985 Page 374: The Supreme Court of India, for the first time, recognized and amended section 302 of the Indian Penal Code to include custodial torture and violence when an accused dies of torture in police custody. The Hon'ble Bench of Supreme Court also said that if the court will not came to rescue the accused from custodial torture inflicted by police then people will start losing their faith in the law enforcement agencies as well as the Judiciary.
Prakash Singh case(2006) : The Supreme Court directed six reforms to improve police accountability, one of which was the creation of Police Complaint Authorities (“PCA”) at the district and state levels. Supreme Court guidelines were implemented through the Maharashtra Police Act, establishing the State Police Complaint Authority (SPCA) and District Police Complaint Authorities (DPCAs) to address allegations against police officers.
Conclusion
Custodial violence remains a significant challenge in India, despite constitutional and legal safeguards. Landmark judgments and efforts by organizations like the NHRC have contributed to addressing this issue. The enactment of comprehensive legislation, along with strict implementation of existing laws and police training programs, is essential to prevent custodial torture and hold accountable those who abuse their power.
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