Custodial Death

On 19th June 2020, P. Jeyaraj (59 years ) & his son J. Beniks (31 years ) were picked up by the Tamil Nadu Police in Thoothukudi district for allegedly violating the COVID-19 lockdown rules announced by government of India. According to the police, the pickup was held for allegedly keeping their electronics shop open without permissible hours on June 19. An FIR was filed against the P. Jeyaraj & his son J. Beniks on 19 June and they were taken into custody by police .However chargesheet filed by CBI claimed there were no violation of the lockdown rules announced by government of India.They were tortured and sexually assaulted by the police when they were in custody, which leading to their deaths. On 22 June 2020, Beniks fell ill and was admitted into the Kovilpatti General Hospital, where he died. The following day, 23 June 2020, his father also died. The custodial death of the two men in Sathankulam town in Thoothukudi district in Tamil Nadu sparked massive outrage in the state over police brutality.

What is custodial Death

Defined as the death of a person who is in the custody of the state, typically while being detained or arrested by law enforcement officials, these incidents often raise serious questions about police brutality, accountability, and the protection of human rights. Despite efforts to address this issue, custodial deaths continue to occur with alarming frequency, highlighting the urgent need for systemic reform and accountability measures.

The circumstances surrounding custodial deaths vary widely, but many cases involve allegations of excessive use of force by law enforcement officers. In some instances, individuals may die as a result of physical injuries sustained during arrest or while in custody. In others, factors such as inadequate medical care, neglect, or even outright abuse may contribute to the tragic outcome. Regardless of the specific circumstances, each custodial death represents a failure of the system to safeguard the rights and well-being of those in its care.

Issue of accountability

One of the most challenging aspects of addressing custodial deaths is the issue of accountability. Law enforcement agencies often face scrutiny and criticism for their handling of such cases, with accusations of cover-ups, lack of transparency, and failure to hold officers accountable for misconduct. The culture of impunity that can surround law enforcement can make it difficult to achieve meaningful accountability for custodial deaths, further eroding public trust in the criminal justice system.

Laws releted to custodial Death

India has laws and regulations in place to safeguard the rights of individuals in custody and prevent custodial deaths. The Constitution of India guarantees the right to life and personal liberty, while the Code of Criminal Procedure , 1973 (CrPC) and various judicial guidelines given in various landmark judgement for ex. D K Bsau v State of West Bengal,1996 for the treatment of detainees and prisoners. Additionally, the National Human Rights Commission (NHRC) is tasked with investigating complaints of human rights violations, including custodial deaths.

What are the Provisions Available Regarding Custody?

Provision given in the constitution.

Article 21 of Indian constitution states that “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 which is related to Right to life.

Article 22 of Indian constitution

Article 22 of Indian constitution provides “Protection against arrest and detention in certain cases”.

The right to have lawyer is also a fundamental right under Article 22(1) of the India constitution.

Deta regarding custodial Death

The data provided by the ministry of Home Affairs (MHA) in the upper house ( Rajya sabha) has revealed that number of deaths in police custody witnessed a nearly 60% increase over the last 3 years.The data also revealed that the number of such cases rose ten times in Maharashtra, 3 times in Kerala and Bihar, and 2times times in Gujarat, Uttar Pradesh and KarnatakaIn response to a question from Congress member of parliament smt. Phulo Devi Netam, who asked about the number of deaths in police custody over the three years and the status of investigation and payment of compensation who died in police custody. the minister of state in the MHA Nityanand Rai submitted this details.He also submitted that as per information provided by the National Human Rights Commission (NHRC) ,monetary relief amounting to ₹5,80,74,998 was recommended in 201 cases and disciplinary action was initiated only in1 case during the last five financial years.

A total of 175 cases of custodial death were reported during 2021-22

100 custodial death in 2020-21

112 custodial death in 2019-20

136 custodial death in 2018-19.

In the last five years, the highest number of custodial deaths eighty (80) has been reported in Gujarat, followed by Maharashtra seventy six (76), Uttar Pradesh forty one (41), Tamil Nadu forty (40) and Bihar thirty eight (38).

Solution

The solution to custodial deaths involves implementing comprehensive reforms in law enforcement agencies, including:

Training and Accountability: Enhanced training programs for law enforcement officers on de-escalation techniques, human rights, and cultural sensitivity. Holding officers accountable for their actions through transparent investigations and appropriate disciplinary measures.

Independent Oversight: Establishing independent oversight bodies to monitor police conduct and investigate allegations of abuse or misconduct.

Legal Reforms: Reviewing and revising laws related to arrest, detention, and use of force to ensure they comply with international human rights standards and provide adequate safeguards against abuse.

Community Engagement: Building trust and cooperation between law enforcement agencies and the communities they serve through outreach programs, community policing initiatives, and civilian advisory boards.

Technology and Surveillance: Implementing body cameras, dashboard cameras, and other technological tools to record police interactions and promote transparency.

Crisis Intervention Teams: Creating specialized teams trained to respond to situations involving individuals experiencing mental health crises, reducing the likelihood of unnecessary use of force.

Victim Support: Providing support services for victims of police violence and their families, including legal assistance, counseling, and compensation.

Addressing Structural Issues: Addressing systemic issues such as poverty, inequality, and discrimination that contribute to tensions between law enforcement and marginalized communities.

By implementing these measures, governments can work towards preventing custodial deaths and promoting accountability and justice within their law enforcement agencies.