India’s Chief Justice recently highlighted concerns over human rights abuses within police stations. Despite constitutional guarantees against such abuses, issues with custodial torture, violence, and police atrocities continue to persist.
The National Legal Services Authority
Established under the Legal Services Authorities Act of 1987 and fully operational from November 1995, the National Legal Services Authority (NALSA) provides free and competent legal services to society’s weaker sections across India. The Chief Justice of India acts as its Patron-in-Chief, with the second senior most Judge of India’s Supreme Court serving as the Executive Chairman.
The authority’s role is in line with Sustainable Development Goal-16, which aims to promote peaceful and inclusive societies, provide universal access to justice, and build effective, accountable, and inclusive institutions.
Role of NALSA’s Vision & Mission Statement
NALSA’s mission encompasses promoting an inclusive legal system and ensuring fair justice for marginalized and disadvantaged sectors. It also stresses the importance of legally empowering marginalized and excluded groups by providing effective legal representation and spreading legal literacy and awareness.
Legal Services Mobile Application
NALSA launched a mobile app that offers features such as seeking legal assistance, obtaining legal advice, and addressing other grievances. It also provides application tracking facilities and helpful clarifications. Users can even apply for pre-institution mediation or file an application for Victim Compensation via the app.
Statistics on Custodial Violence
According to data from the National Crime Records Bureau (NCRB), between 2001 and 2018, only 26 policemen were convicted for custodial violence out of 1,727 reported deaths. Only 4.3% of the 70 deaths in 2018 were attributed to injuries sustained during custody due to physical assault by police.
Major Causes of Custodial Violence
Issues such as lack of legal representation, lengthy and expensive judicial processes, absence of robust legislation against torture, institutional challenges, excessive use of force, and non-adherence to international standards contribute to the prevalence of custodial violence.
Constitutional and Legal Provisions
Protection from torture is enshrined under Article 21 (Right to Life) of the Indian constitution. The right to counsel is also a fundamental right under Article 22(1) of the India constitution. Section 41 of the Criminal Procedure Code (CrPC) was modified in 2009 to include safeguards so that arrests, detentions for interrogation, and other legal processes have reasonable grounds and documented procedures.
Addressing the Issue and Providing a Way Forward
Curbing police excesses requires wide dissemination of information about the constitutional right to legal aid and free legal aid services’ availability. Installing display boards and outdoor hoardings in every police station/prison is a step towards this goal. To maintain a society governed by the rule of law, it’s crucial for the judiciary to bridge the gap of accessibility to justice between the privileged and the most vulnerable. Access to justice in India should not only be an aspirational goal but be a practical reality. Therefore, the judiciary needs to collaborate with various governmental arms to enforce this effectively.
