Custodial torture is the infliction of physical or mental pain or suffering on a person who is in the custody of the police or other authorities. It is a grave violation of human rights and dignity and often leads to custodial deaths, which are deaths that occur while a person is in custody. Death in police custody is perhaps one of the worst kind of crimes in a civilized society and poses a serious threat to an orderly civilized society.
Types of Custodial Death:
Death in Police Custody: Death in police custody can result from excessive force, torture, denial of medical care, or other forms of abuse.
Death in Judicial Custody: Death in judicial custody may occur due to overcrowding, poor hygiene, lack of medical facilities, inmate violence, or suicide.
Death in the Custody of Army or Paramilitary Forces: Can happen through torture, extra-judicial killings, encounters, or crossfire incidents.
International Conventions for Human Rights.
International Human Rights Law, 1948: The International Human Rights Law contains a provision which protects people from torture and other enforced disappearances.
United Nation Charter, 1945:
The United Nations Charter calls for treating prisoners with dignity. The Charter clearly states that despite being prisoners, their fundamental freedoms and human rights as set out in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights are to be protected.
The Nelson Mandela Rules, 2015:
Custodial violence, torture and abuse of police power is widespread. It has been the concern of international community because the problem is universal and the challenge is almost global. Torture in custody flouts the basic rights of the citizens recognized by the Indian Constitution and is an affront to human dignity.
The Universal Declaration of Human Rights in 1948 marked the emergence of a worldwide trend of protection and guarantee of certain basic human rights stipulates in
Article 5 that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”.
Despite this pious declaration, the crime continues unabated, though every civilized nation shows its concern and makes efforts for its eradication.
Protectors of peoples’ rights and yet -men in uniform to settle personal scores.
Article 21 mandates that no person shall be deprived of his life and personal liberty except according to the procedure established by law. This cherished right i.e. personal liberty has an important role to play in the life of every citizen. Life or personal liberty includes a right to live with human dignity. There is an inbuilt guarantee against torture or assault by the State or its functionaries.
Chapter V of the Code of Criminal Procedure, 1973 deals with the powers of arrest of persons and the safeguards required to be followed by the police to protect the interest of the arrested person.
No torture and custodial violence can be permitted to defy the rights flowing from the Constitution. Atrocities perpetuated by the protectors of law. Custodial torture being crime against humanity which directly infracts and violates Article 21 of the Constitution,
Celebrated decision in D.K. Basu v. State of West Bengal (1997 )directions/ guidelines with respect to rights/custodial torture were issued however it seems that the inhuman approach in dealing with persons in custody has not come to an end.
Rarely in cases of police torture or custodial death, there is any direct ocular evidence of the complicity of the police personnel alone who can only explain the circumstances in which a person in their custody had died. Police personnel prefer to remain silent and more often than not even pervert the truth to save their colleagues – . The exaggerated adherence to and insistence upon the establishment of proof beyond every reasonable doubt by the prosecution, at times even when the prosecuting agencies are themselves fixed in the dock, ignoring the ground realities, the fact-situation and the peculiar circumstances of a given case, often results in miscarriage of justice and makes the justice delivery system suspect and vulnerable.
Unless stern measures are required to be taken to check the malady. The courts must, therefore, deal with such cases in a realistic manner and with the sensitivity otherwise the common man may tend to gradually lose faith in the efficacy of the system of judiciary itself.
Jurisprudence -for providing compensation for the unconstitutional deprivation of fundamental right to life and liberty as a public remedy in addition to claims in private law for damages by tortuous acts of public servants.
Dr Ashwini Kumar vs Union Of India Ministry Of Home( 2019)
A recent Judgement of the Supreme Court discussed the need of a separate law against custodial torture. The petition made demand for direction for entirely separate legislation for the Country which deals with Custodial Torture.
Enacting comprehensive legislation explicitly criminalizing custodial torture.
Ensuring prompt and impartial investigations into allegations of custodial torture.
Holding perpetrators accountable through fair and expeditious trials.
Police Reforms and Sensitization:
Enhancing police training programs to emphasize respect for human rights and dignity.
Promoting a culture of accountability, professionalism, and empathy within law enforcement agencies.
Establishing oversight mechanisms to monitor and address cases of custodial torture effectively.
Empowering Civil Society and Human Rights Organizations:
Prem Shankar Shukla v. Delhi Administration,(AIR 1980 SC 1535)
Prisoner in the Tihar Jail, sent a telegram to the Court protesting against the humiliation and torture. The Court held that the blurred area of 'detention jurisprudence' where considerations of prevention of escape and a personhood of prisoner come into conflict, Court considered Article 5 ( Art. 5 --No one shall be subject to torture or to cruel, inhuman or degrading treatment or punishment.) of the Universal Declaration of Human Rights, 1948, all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person
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