Custodial death is a prominent issue that has plagued the Indian legal and justice system for years. As defined by jurists, a custodial death refers to a person’s demise while they are in custody or detention of law enforcement officials or a correctional facility. Causes can vary from the use of excessive force to neglect or abuse by authorities. This article aims at exploring the aspect of custodial deaths in India, looking at its causes, the current statistics, the existing legal provisions and the necessary measures needed to curb this issue.
The Growing Issue of Custodial Deaths in India
Recent data sourced from the Ministry of Home Affairs (MHA) presents a distressing picture. In the last five years, the highest number of custodial deaths have been reported in Gujarat, amounting to 80 instances. Following this, Maharashtra recorded 76, Uttar Pradesh 41, Tamil Nadu 40, and Bihar 38 custodial deaths. This brings the total number of such cases to 669 in the span of 5 years.
Cause Analysis: Why do Custodial Deaths Occur?
Several factors contribute to the occurrence of custodial deaths. Primarily, the absence of strong anti-torture legislation and criminalisation of custodial violence in India gives room to this issue. Next, institutional challenges such as opacity in the prison system, lack of transparency, poor conditions, overcrowding, manpower shortages, and minimal safety regulations in prisons contribute to the problem. Furthermore, the use of excessive force, especially against marginalised communities, lengthy judicial processes, non-adherence to international standards, medical neglect, poor training among law enforcement officials, and substandard conditions in detention centres also play a major role.
Legal Provisions Regarding Custody in India
India’s Constitution, laws and statutes provide several provisions for the protection of those in custody. Some noteworthy ones include Article 21 and 22 of the Indian Constitution, which protect against deprivation of life or personal liberty and arrest and detention respectively. Police and public order, being state subjects, are primarily the responsibility of the respective state government. However, the Central Government also plays a role by issuing advisories and enacting measures like the Protection of Human Rights Act (PHR), 1993.
The Role of the Criminal Procedure Code and the Indian Penal Code
The Criminal Procedure Code (CrPC) and the Indian Penal Code (IPC) have safeguards to prevent custodial deaths. Section 41 of the CrPC, amended in 2009, provides safeguards for arrests and detentions. On the other hand, sections 302, 304, 304A, and 306 of IPC have provisions against custodial torture. Similarly, sections 25 and 26 of the Indian Evidence Act, and sections 7 & 29 of the Indian Police Act also provide certain protections.
Measures to Prevent Custodial Deaths: The Way Forward
To tackle the issue of custodial deaths, strict adherence to human rights laws and regulations is essential. Comprehensive and effective training programs for law enforcement officials need to be implemented with a focus on the proper use of force and non-lethal methods of controlling suspects. Independent and impartial investigations into all custodial deaths are necessary to determine accountability.
The issue of custodial deaths in India is one that has many facets. While it is a complex problem rooted deeply within the justice system, it can be addressed through legal reforms, effective training, transparency, and most importantly, accountability.
