Custodial Violence in India: A Legal and Human Rights Perspective

 

PC: The Hindu 

Context: Behind the locked gates of Tamil Nadu’s police stations, justice is often extinguished before it ever sees the light of day. The recent death of Ajith Kumar, a 27-year-old temple guard in Sivaganga, is yet another grim reminder of the brutality that plagues India’s custodial system. His autopsy report—revealing 44 injuries, cigarette burns, and signs of forced narcotics consumption—paints a horrifying picture of his final hours. His last words to his mother, “I didn’t steal,” echo as a chilling indictment of a system that has failed its citizens, time and again. 

 

 A Recurring Nightmare  

Ajith’s case is not an anomaly—it is part of a disturbing pattern of custodial violence in Tamil Nadu.  

- 2022: Vignesh (25) – Detained in Chennai for alleged possession of drugs, he died within hours. His autopsy showed severe internal injuries and fractures, contradicting police claims of a "sudden illness."  

- 2023: An unnamed autorickshaw driver (30) Died in Tiruchi under suspicious circumstances, with his family alleging severe beatings during interrogation.  

- 2024: Raja (Dalit cook, Villupuram) – Arrested for petty theft, he never returned home. His widow and three children still await justice—and compensation.  

Introduction  

Custodial violence refers to physical or mental abuse inflicted on individuals detained by law enforcement agencies (police, judiciary, or other authorities). Despite constitutional safeguards, custodial torture and deaths remain a grave concern in India. This article examines recent cases, constitutional provisions, landmark judgments, and international conventions related to custodial violence.  

Recent Cases of Custodial Violence in India  

1. Jayaraj & Bennix (2020, Tamil Nadu) – Father-son duo allegedly tortured and killed in Sathankulam police custody for violating COVID-19 lockdown rules.  

2. P. Jeyaraj v. State of Tamil Nadu (2020) – The Madras High Court took suo moto cognizance of the Sathankulam case, leading to the conviction of police officers.  

3. Prabhakar Sail (2022, Maharashtra) – A witness in the Aryan Khan drugs case alleged custodial torture by the Narcotics Control Bureau (NCB).  

4. Altamas Kabir Custodial Death (2023, West Bengal) – A man died in police custody, raising concerns about torture and lack of accountability.  

Constitutional Provisions Against Custodial Violence  

1. Article 21 (Right to Life & Personal Liberty) – Prohibits torture and inhuman treatment.  

2. Article 22 (Protection Against Arrest & Detention) – Ensures safeguards for arrested persons.  

3. Article 20(3) (Right Against Self-Incrimination) – No accused can be compelled to be a witness against themselves.  

4. Article 14 (Right to Equality) – Ensures equal protection under the law.  

Landmark Judgments on Custodial Violence  

 1. Paramvir Singh Saini v. Baljit Singh (2020)  

- The Supreme Court directed all states to install CCTV cameras in police stations and interrogation rooms to prevent custodial torture.  

- Emphasized transparency in police functioning.  

 2. Prakash Singh v. Union of India (2006)  

- Led to police reforms, including directives to separate investigation and law & order duties.  

- Recommended measures to prevent custodial violence and ensure accountability.  

Other Key Cases:  

- D.K. Basu v. State of West Bengal (1997) – Laid down guidelines for arrest and detention to prevent custodial torture.  

- Nilabati Behera v. State of Odisha (1993) – Recognized compensation for custodial deaths as a constitutional remedy.  

Legal Authority: Is Custodial Violence Banned in India?  

Indian Penal Code (IPC):  

  - Section 330 (Voluntarily causing hurt to extract confession)  

  - Section 331 (Voluntarily causing grievous hurt for confession)  

  - Section 302 (Murder) – Applied in custodial death cases.  

Criminal Procedure Code (CrPC):  

  - Section 176 – Mandates judicial inquiry in custodial deaths.  

Protection of Human Rights Act, 1993:  

  - Establishes the National Human Rights Commission (NHRC) to investigate custodial violence.  

India has NOT ratified the UN Convention Against Torture (UNCAT) despite signing it in 1997.  

International Conventions Against Custodial Violence  

1. Universal Declaration of Human Rights (UDHR, 1948) – Prohibits torture (Article 5).  

2. International Covenant on Civil and Political Rights (ICCPR, 1966) – Bans cruel treatment (Article 7).  

3. UN Convention Against Torture (UNCAT, 1984) – Defines and prohibits torture (India signed but not ratified).  

4. Nelson Mandela Rules (2015) – UN standards for humane treatment of prisoners.  

Statistics on Custodial Violence in India (NHRC Data)  

- Custodial Deaths (2022-23): 175 deaths (146 in judicial custody, 29 in police custody).  

- Police Custodial Deaths (2021-22): 88 reported.  

- NHRC Recommendations (2022): Compensation granted in 201 cases.  

- Conviction Rate: Extremely low due to lack of evidence and witness intimidation.  

Conclusion  

Despite constitutional safeguards and judicial interventions, custodial violence persists due to weak enforcement, police impunity, and delayed justice. Strengthening accountability mechanisms, implementing police reforms, and ratifying UNCAT are essential steps to curb this menace.