Custodial Violence and Custodial Deaths

Introduction

In a democratic country like India, governed by ‘Rule of Law’, Custodial violence still remains one of the dark realities.

In a democratic society, the police have the predominant role of protecting the rights of the citizens in the constitution. However, they systematically violate their powers and employ torture as part of their investigation process. The poor, the deprived classes, woman and political activists are the worst victims of police high-handedness. The Indian state was being constantly criticized for the violation of human rights, more particularly by the state agencies like military, para-military and police force.

The police have been subjected to criticism for various forms of human rights violation but ‘custodial deaths’ and ‘custodial torture’ has become a burning topic of discussion in the last couple of decades. India, after over 200 years of repressive colonial rule, became a democratic state with a Constitution containing provisions guarantying the rights and dignity of its citizens. But it has inherited its police organization from its colonial past without much change in its repressive and exploitative colonial culture.

This paradox creates a situation in which the greatest threat to the life, liberty, and dignity of the people comes from the state’s law enforcement agency that is the police. ‘Custodial death’ is a phenomenon that very much occurs in police custody everywhere in India.

Custodial Death and Torture

Unlike custodial death, there is no official or unofficial record of custodial torture cases; since torture in police custody due to the use of third-degree methods is mostly suppressed and only a few cases come to the notice of the public. It has reported numerous torture cases in the news media but these cases represent only a fraction of the real total. Amnesty International observed in its report, “torture frequently goes unreported unless there is an investigation by independent human rights or civil liberty’s body; some form of public pressure or protest or a political dimension.

Even civil rights activists and journalists who expose human rights violation by police have also been detained and ill-treated? By the nature of the activity, illegal violence by police is difficult to document scientifically. It is, therefore, only through reports and commissions of inquiry, judicial decisions, scholarly analysis, and official reports, works of the NGOs, media and lastly the fearful attitude of the citizens towards police that we learn about the varieties of the police torture.

The issue of custodial deaths and torture has far-reaching consequences for the victim; for the image of the police; and for a civilized and democratic society. It is a growing challenge for the survival of Indian democracy itself. This uncivilized practice of policemen not only erodes the image of the police but more significantly it affects the legitimacy and credibility of democratic governance.

Statistics and Research

The National Human Rights Commission, from 1993 to 2006, has received the information of 13,281 deaths had occurred both in police and judicial custody. The police make up the major party in the administration of criminal justice, and it is with them that the average man first comes into contact when wronged.

The main reason torture continues to be practiced on such a wide scale throughout India is that the police feel themselves to be immune, they are confident enough they will not be held accountable, even if they kill the victim and even if the truth is revealed.

The four main aspects of violence by police are,

1. Torture (Mental or Physical)

It is one of the worst crimes in society, governed by the rule of law and imposes a serious threat to an orderly civilized society. It nakedly violates human dignity and degradation which destroys, to a very large extent, the individual personality. In all custodial crimes what is of real concern is not only the infliction of body pain; however, the mental agony which a person undergoes within the four walls of police lock-up. It is the real face of torture.

2. Sexual Harassment 

Sexually abusive behavior of police officers towards the prisoners is a matter of deep concern. Police treat the persons in the custody as their pawn. The things prisoners are their domestic servants and female prisoners are subjects to satisfy their sexual desire. Therefore, the accomplishment of this purpose is like sent to brothels. When they deny the desires of the police; then the real picture of sexual harassment could be easily seen on the stage of reality.

3. Rape 

They commit it under the shield of uniform and the authority within the four walls of a police station; the victim is helpless. Rape by police, including custodial rape is common in India. A higher incidence of abuse appeared credible, given other evidence of abusive behavior by police and the likelihood that many rapes were unreported due to a sense of shame and a fear of retribution among victims.

4. Death

The Government of India allows torture, so inflicted in police lock-ups, considering it necessary for the administration of justice while providing immunity to the law enforcement officers. Incarceration barbarity has been validated by the popular retributive-deterrent philosophy, and this is the current sentencing coin in many criminal jurisdictions. Custodial violence, including torture and death in the lockups, strikes a blow at the Rule of Law; which demands that the powers of the executive should not only be derived from law but also that law should link the same.

Category of Rights

Human rights and Custodial Violence Human rights traditionally have been put into two categories

• Natural Rights
• Civil Rights.

Natural rights are the rights of every individual by birth of humanity.

The right to remain alive, to sustain life with food and shelter and the right to follow the dictates of their conscience are basic natural rights.

It bases civil rights on positive law, and it derives them from laws and judicial decisions. Civil or legal rights are those rights the Government grants which. They define human rights as rights inherent in our nature and without it, we cannot live as human beings. The General Assembly of the United Nations Organization adopted the Universal declaration of human rights on December 10, 1948. This declaration contains certain rights as a common standard of achievements for all people and all nations.

The rights include: –

1. 1. Right to life, liberty, and security of person.
   2. The Right against subjection to torture or to cruel, inhuman or degrading treatment or punishment.
   3. Right to have remedy by the national Tribunals for acts of violation of fundamental rights.
   4. The Right against arbitrary arrest, detention or exile.
   5. Right to have a fair public hearing in civil or criminal matters.
   6. The Right that law shall presume oneself as innocent until proved guilty.
   7. Right to social security.
   8. Right to a standard of living.

Among the human rights, the right to life, liberty, and security of person have acquired very the significant place in the various international human rights instruments; such as the Universal Declaration of Human Rights and the international covenant on civil and political rights.

Conclusion

The present custodial laws could not direct the practice of the use of third-degree methods in the right direction. The current situation in our country is that whenever a prisoner dies in police custody; the first blame comes from the police authorities. Before blaming them or any other person or body, I must find out the circumstances of which the death was cause found out. I do not suggest it that not getting the required information from the criminal should be a ground for giving legal validity. Also, it is the duty of the prison administration to provide proper facilities of medical, infrastructure, sanitation, food, security to the prisoners; and a monitory body to only review it but also keep an eye on the other activities inside the prison philosophy and this is the current sentencing coin in many criminal jurisdictions. Custodial violence, including torture and death in the lockups, strikes a blow at the Rule of Law; which demands that the powers of the executive should not only be derived from the law; but also that law should link the same.