CUSTODIAL DEATH IN INDIA: AN INFRINGEMENT OF HUMAN RIGHTS

INTRODUCTION

Custodial violence refers to acts of violence committed while in the custody of the
police or the courts. No provision defines the word “custodial violence”. Rape and
torture are two distinct kinds of custodial violence, in addition to death. The
problem of in-custody violence is not new. Death in detention that occurred
unexpectedly and without warning is frequently linked to accusations of torture
levelled against police enforcement. One of the most prevalent grievances lodged
by family against jail officials is the lack of medical treatment. Given the importance
of the situation, it might be claimed that greater custodial management is critical
in light of the circumstance. Custodial injuries and deaths are causing worry in our
country, leading to public mistrust. Because police officers are believed to be
safeguards and have the authority to defend the public's fundamental rights, it is
not usual for the same individual to break those laws rather than defend them.

Article 21 of the Indian Constitution emphasizes the notion that no one's life or
personal liberty may be taken away from them until they follow the legal system.
Even convicts, detainees, and other inmates in custody who are awaiting trial
cannot be denied these basic rights1, and the Prisons Act of 1894 has measures for
the care and safety of inmates. The Indian Constitution does not contain any
explicit provisions concerning the rights of prisoners. On the other hand, in case of

1 Y S Bansal, Murali G, Dalbir Singh, Original research paper Custodial Deaths - An Overview of the Prevailing
Healthcare Scenario Journal of Indian Academic Forensic and Medicine, Referred from http:// medind. nic.
in/jal/t10/i4/jalt10i4p315.pdf, retrieved on 22-5-2015.
T. Vatheeswaran v. State of Tamil Nadu2 the court found that both inmates and
freemen had access to Articles 14, 19, and 21.

Fundamental rights are not protected by prison walls, when a person dies in jail, it
causes widespread worry and draws media attention. Each occasion, the death is
not due to violent causes, but rather to natural causes, insufficient medical facilities
and diagnosis, jail officials' neglect, or physical abuse and torture3. Even while most
nations' laws ban the use of force or violence, and international treaties signed by
countries restrict them from doing so, men, women, and even children are
subjected to torture in practically every country on the planet. Except for their right
to liberty and a limited right to privacy, prisoners held by police or prison officials
maintain their core fundamental rights. As a result, there is a pressing need in our
country to address this issue in order to defend our fellow citizens and their rights.

CUSTODIAL DEATH AND HUMAN RIGHTS: AN ANALYSIS

Human Rights are essential rights that are inherent and irreducible to an
individual's survival in society. Individual rights are the obligation of the welfare
state in the new millennium, as stipulated by international declaration. India's
whole constitutional apparatus is dedicated to safeguarding human rights. Part III
of the Indian Constitution of 1950 deals with fundamental rights, which are also
considered essential human values. All of these rights are in accordance of the
Universal Declaration of Human Rights, which was adopted in 1948.

21983 AIR 361.

3Human rights and criminal procedure, available at http:// www. coe. int/ t/dghl /cooperation/
capacitybuilding/Source/documentation/Echr_and_ crim_procedure.pdf.
 • Let's look into the recent case of Tamil Nadu (father & Son)4 from the year
2020 to understand how Custodial Violence can lead to the death and how
often Police leads to the violation of basic human rights of an accused.

The victims, Jayaraj and Bennix, were detained by the police for failing to adhere to
the lockdown procedures. They have extended the hours of their mobile shop. Over
the course of six hours, they were mercilessly tortured by policemen. The
policemen intended to give them a lesson on how to interact with officers.
According to the medical report, they were subjected to extreme torture, with
blood splashed all over the police station walls. The FIR was bogus, according to the
CBI and neither of the victims had broken any lockdown rules. Jayraj begged the
authorities not to let him suffer from such injuries because he is suffering from
diabetes. The cops began severely assaulting them, causing their flesh to peel off.
In today's world, this was one of the worst crimes. The victims perished the next
day. This type of draconian punishment is a violation of human rights. No one can
be beaten by cops, and if they do have the authority, it cannot be used
indiscriminately. After witnessing such kind of heinous crime, the CrPC’s Section
176 was amended.

In addition, a particular provision has been made for the inquiry of deaths in
custody. The preceding case law explains how deaths in custody infringes on one's
right to life. A person who is primarily a suspect has been severely tortured. It
demonstrates the misuse of power that has occurred in society, and most of the

4Arun Janardhan, Explained : How Tamil Nadu Police’s brutal act claimed lives of father and son, THE INDIAN
EXPRESS, sep 24, 2020.
time, such social evil is overlooked owing to a lack of understanding of the rights
given by our constitution.

TORTURE AND ITS REPREHENSIBLE METHOD

The term "torture" comes from the Latin word "tortus," which meaning "to twist
or torment." It is the intentional infliction of extreme bodily or mental anguish on
another person as a form of punishment. Torture is used in the legal system to get
leads in cases during the questioning phase. In the process of torture, there are
certain distinctions. The third-degree method is the final level. Torture can refer to
any harsh treatment that cannot be demonstrated.

• Nails were hammered in the soles, writs, and thighs of the victims Gufran
Allam and Taslim Ansari, who were apprehended in connection with a
motorbike theft case in Bihar5 . They were seriously harmed and died as a
result of their injuries.
• In Kashmir6 , a school principal who was detained in a militancy-related
matter died in detention. He was in jail for 20 days while there was no
indication that he had committed such crimes. He died as a result of torture
while in police custody. In the instance of a death in custody in Kerala7,
Rajkumar, the victim, was detained by the authorities in connection with a
financial fraud case. He was tortured to the third degree. The cause of death

5 Santosh Singh, Bihar custodial deaths : Kin of youths to approve rights panel, court, THE INDIAN EXPRESS, Mar 13,
2019.
6 Bashaarat Massod, J & K school principal dies in police custody, family alleges murder, THE INDIAN EXPRESS, Mar

20, 2019.
7 Shaju Philip, Kerala : Idukki custodial death snowballing into big trouble for CPM, THE INDIAN EXPRESS, jul 2,

2019.
 was reported to be natural, although the medical report revealed a number
of injuries, including a fracture and contusion. Chili powder was said to have
been used to torment him. He died as a result of such inhumane treatment.
• In the instance of Haryana's death in custody, Brijpal Maurya, the victim,
was struck in the private regions, resulting in his death.

SUGGESTIONS AND SOLUTION: ON RISING CUSTODIAL DEATHS

A) The several recommendations issued by the Supreme Court in decisions such as

DK Basu v. State of Bengal8 must be implemented, and any failure to comply due to
unwillingness or ignorance on the part of any police station or public body should
be severely punished. Some main guidelines were:

• All police officers should wear name tags that clearly state their name and
rank. • Police officers conducting investigations must fill up a register with
all of their information.
• The arrested individual has the right to be informed of his or her arrest by a
relative or friend.
• The police must call the relative/friend and advise them of the arrest time
and location, as well as the specific location where the arrested individual is
being held.

B) Ratification of the "United Nations Convention Against Torture." India signed the
treaty in 1997 but never ratified it. Despite the regularity of such crimes for such a
long time, as well as various comments and concerns expressed by the NHRC and

8 (1997 (1) SCC 416).

the Apex court, no formal law on anti-torture or police reforms addressing custodial
fatalities has been passed. The legislature's continued apathy might be viewed as a
strict adherence to such policies, making any future ratification more difficult.

C) Implementation of section 114B, which was suggested in the law commission

report 1985 and raises the possibility of holding officials responsible or criminally
liable if someone is proven tortured or dead in their care.

D) Public knowledge of constitutional provisions such as Article 39 – A, which

provides free legal assistance to the underprivileged and disadvantaged elements
of society, so that justice can be provided to all citizens regardless of economic or
educational barriers.

E) Immediate reform of the 1861 "Police Act," which has various sections that allow
police personnel to violate citizens' rights. This statute, which dates back to the pre-
independence era, was enacted only to keep our countrymen's life on a leash. It
has various loopholes that let the police to get away with smaller punishments than
the seriousness of the crimes they have repeatedly permitted.

F) In addition, the 16th law commission's recommendations in the 117th law

commission report urge suitable adjustments to the Code of Criminal Procedure,
which make police officials accountable for ensuring the safety of the accused in
custody and informing them of their rights while in custody.

G) The last suggestion, as indicated in the Malimath committee report, is that the
rights of those who have been arrested be codified.

CONCLUSION
When a person's liberty is taken away, the state is solely responsible for ensuring
that their human rights are respected. The most fundamental of these is the right
to life. Every year, of people die in custody. Though natural reasons account for the
majority of these deaths, insufficient medical treatment may be a key aggravating
factor. Providing health-care facilities that are equivalent to those available in the
community is one of the most important corrective measures. In order to protect
people's rights to life, adequate treatment for HIV, infectious diseases, and drug
and alcohol addiction must be available while they are incarcerated. In such cases,
efficient communication between jail personnel and inmates might assist prevent
the spread of disease among the inmates. Developing acceptable training practice
standards, evaluating NHRC recommendations, and reviewing progress in their
implementation are all good things to do. To improve jail conditions, systematic
steps such as collecting and sharing information on deaths in prison, commissioning
research, and the government's implementation of the findings are required.

REFERNCES

• Shruti Naik, (17 Nov 2020) Mystery of custodial death in India

https://www.nsoj.in/stories/the-mystery-of-custodial-deaths-in-india

• Simran (Dec 4, 2020) Custodial Death critical analysis)

https://lexauxilium.com/2020/12/04/study-on-custodial-deaths-in-india/

• Varunendra Pandey, (Oct 21, 2020) Custodial Deaths in India

https://lawcorner.in/custodial-deaths-in-india/