Why in news?
The Madurai Bench of the Madras High Court recently condemned the custodial torture of Ajith Kumar, highlighting the persistent issue of custodial deaths in India. This has renewed calls for strong legal safeguards against torture.
Background
- Definition: Custodial death refers to the death of a person while in police, judicial or military custody—before trial, during trial or after conviction. Deaths may be natural (illness) or result from torture, assault or negligence.
- Statistics: The National Human Rights Commission reported 2,150 deaths in judicial custody and 155 in police custody in 2021–22, but only 21 cases led to disciplinary action. NCRB data (2000–20) shows 1,888 deaths with only 26 convictions. Tamil Nadu recorded 490 custodial deaths (2016–22).
Reasons for custodial deaths
- No anti‑torture law: India signed but has not ratified the UN Convention Against Torture; there is no standalone anti‑torture legislation.
- Opaque investigations: Evidence is often tampered with or destroyed, making convictions rare.
- Overcrowded, understaffed prisons: Poor medical care and mental‑health neglect contribute to deaths by illness or suicide.
- Marginalised groups targeted: A disproportionately high number of preventive detainees belong to Scheduled Castes and other vulnerable communities.
- Weak accountability: Arbitrary arrests, unofficial detentions and cover‑ups persist at lower ranks of the police.
Legal context & way forward
- Judicial guidelines: Supreme Court rulings in DK Basu v. State of West Bengal (1996), Nilabati Behera v. State of Orissa (1993) and other cases laid down guidelines on arrests, compensation and CCTV installation in lock‑ups.
- Enact an anti‑torture law: Follow the 273rd Law Commission’s recommendation to define and criminalise custodial torture and mandate time‑bound trials.
- Strengthen oversight: Equip the NHRC with greater suo‑motu powers and ensure mandatory reporting of custodial deaths; ratify UNCAT.
- Evidence & police reform: Use body cameras, digital case logs and forensic tools to prevent evidence tampering; implement the Supreme Court’s Prakash Singh guidelines to separate law‑and‑order and investigation duties and ensure fixed tenures.
- Protect vulnerable groups: Enforce provisions of the SC/ST (Prevention of Atrocities) Act and establish fast‑track courts to deter misconduct.
Custodial deaths violate constitutional rights and erode trust in law enforcement. Structural reforms and strict legal safeguards are essential to prevent torture and ensure accountability.