The issue of custodial torture has gained significant relevance recently, with two police officers being suspended on charges of assaulting the accused in Police custody. This phenomenon is a grave violation of human rights and dignity and often leads to what is known as custodial deaths.
Understanding Custodial Torture and Types of Custodial Deaths
Custodial torture refers to the infliction of physical or mental pain or suffering on an individual who is under the custody of the police or other authorities. When this abuse goes unchecked, it could lead to custodial deaths.
There are three types of custodial deaths. Firstly, death in police custody, which could result from excessive force, torture, denial of medical care, or other forms of abuse. Secondly, death in judicial custody- often caused by overcrowding, poor hygiene, lack of medical facilities, inmate violence, or suicide. Lastly, there are cases of death in the custody of Army or Paramilitary Forces. These tend to happen through torture, extrajudicial killings, encounters, or crossfire incidents.
Custodial Death in India: A Grave Concern
Statistics provided by the Ministry of Home Affairs indicate an alarming trend in custodial deaths. In the last five years, the highest number of custodial deaths (80) was reported in Gujarat, followed by Maharashtra (76), Uttar Pradesh (41), Tamil Nadu (40), and Bihar (38).
One of the challenges preventing custodial torture in India is the lack of ratification of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), which India signed in 1997 but has not yet ratified. This prevents India from being bound by international obligations and standards to prevent and combat custodial torture.
Constitutional and Legal Framework Related to Custodial Torture
Our constitution provides several provisions for the protection of individuals from custodial torture. Article 21 guarantees the right to life and personal liberty, which also includes the right to be free from torture.
There are also legal protections such as Section 24 of the Indian Evidence Act, 1872 that declare any confession made by the accused under threat, promise or inducement of investigating agencies as inadmissible in the court of law.
International Conventions for Human Rights Protection
Various international conventions are in place to safeguard human rights. The International Human Rights Law calls for the protection of people from torture and other enforced disappearances. Similarly, the United Nations Charter insists on treating prisoners with dignity.
The Nelson Mandela Rules adopted by the United Nations General Assembly in 2015 also emphasize treating prisoners with inherent dignity and prohibiting torture and other ill-treatment.
Measures to Combat Custodial Torture
Several steps can be taken to combat custodial torture. Strengthening legal systems and enacting comprehensive legislation criminalizing custodial torture is a key step. Other measures include enhancing police training programs, promoting a culture of accountability within law enforcement agencies, empowering civil society organizations to advocate for victims of custodial torture, providing legal assistance to victims and their families, and collaborating with international human rights bodies.
Combating custodial torture requires a careful balance of legislative action, police reform, sensitization, and the active participation of civil society organizations. Only with these concerted efforts can we hope to uphold human rights and instill a culture of accountability within our law enforcement agencies.
