Custodial Violence is an attack on Human Dignity

Author: Sarmistha Ghosh

University School of Law Research, USTM

“With Great Power Comes Greater
Responsibilities” 

As
a result of the police officer’s shooting of George Floyd, a massive movement
has emerged in the United States and throughout the world in recent days. A few
days after Floyd’s death, outrage erupted in India over the custodial torture
and subsequent deaths of a father and son at the Sathankulam police station in
the thootukudi district of Tamil Nadu. The alleged charge against them was even
more shocking: they had kept their shop open past the permitted time. Since
this was a minor offence for which the accused should have been granted bail,
the magistrate’s role in the case is also under scrutiny.

Until
a radio RJ broadcast a video of the incident, no one would have paid any
attention to this case. However, the public’s outcry over the incident has once
again brought scrutiny to police behaviour, leading to an inquiry and the
arrest of the officers involved. Concerns about police brutality, the need for
anti-torture laws, and other concerns in the police force have prompted many to
speak out.

Custodial death- Movies vs. Reality

https://www.newsclick.in/sites/default/files/styles/responsive_885/public/2018-06/Custodial%20Deaths.jpg?itok=C2kaO8TR

Unfortunately,
movies and television programmes have further contributed to the glamour and
normalisation of custodial violence, which we have ignored for so long that it
has gotten totally ingrained in our roots and is now considered normal.

A
study found that when a movie or TV show’s main character engaged in a violent
act or staged encounter, viewers were more likely to approve of the behaviour
depicted onscreen. Most people think that the police’s job isn’t to protect the
law and order, but rather to find criminals and punish them severely.

But
in reality, custodial torture as a kind of abuse happens when a suspect is in
police custody. The Supreme Court has ruled that torturing someone while
they’re in jail is a gross violation of human rights that significantly
diminishes their sense of self-worth.

In
a country like India, where the rule of law underpins all actions and the right
to life and liberty is the most treasured fundamental right, torture and the
use of third-degree methods on suspects during illegal detention and police
remand taint the entire system of administration. Human rights are secondary in
this sad situation. It is now generally accepted that torture during
imprisonment is an inevitable part of any investigation. Investigators are
still under the impression that, with enough coercion, the suspect will break.
Former Supreme Court justice V.R. Krishna Iyer claims that state-sanctioned
custodial torture is worse than terrorist acts. There is a contradiction in the
fact that torture still occurs in India. This is due to India being a liberal
democracy with clearly established anti-torture constitutional and statutory safeguards
that are constantly being enhanced under the watchful eye of a strong and
independent court.

The
most important step is not passing a law, but rather putting it into practice.
Despite having signed the UN Convention against Torture and Other Cruel Treatment
in 1997, India has not yet ratified the treaty since it does not have a
comprehensive anti-torture statute. In 2017, the Bill Commission proposed an
anti-torture bill, but it has not been implemented by the current
administration.

Article
21 of the Indian Constitution guarantees everyone, even those who have been
detained, the basic human right to life. Article 22 establishes protections for
those who are confined, recognising that these individuals have the same
inherent rights as everyone else.

Prevention of torture Bill

To
implement the Convention’s mandates, the Lok Sabha introduced the Prevention of
Torture Bill in 2010. The Lok Sabha voted in favour of the bill on May 6, 2010,
making it law. The Bill was then sent to a Select Committee by the Rajya Sabha
after the Committee recommended changes to put it more in line with the
Convention against Torture.

Rajya
Sabha Select Committee Suggestions-

• Expanding
  the definition of torture.
• Torturing
  child and women should have severe punishments.
• Setup
  an independent authority.

After including these recommendations
this bill has been presented several times in the Rajya Sabha, but the bill has
not been passed yet.

Out
of 170 signatories towards the United Nations Convention on Torture and other
Cruel, Abhorrent and Demeaning Treatment or Punishment, India is one of the
only eight nations not to ratify the Convention. It it’s statement of goals and
reasons, the bill declares that ratifying the Convention confirms the
Government of India’s commitment to the preservation of basic universal human
rights.

Data
from the National Human Rights Commission indicates that 2,544 and 1,940
custody deaths were reported nationally in 2021-22 and 2020-21, respectively,
as reported by Minister of State for Home Nityanand Rai before the Parliament
(NHRC).

Constitutional Safeguards in
a series of rulings, the Supreme Court has maintained that just because a
person is in police custody or under arrest does not deprive him of his basic
rights. If his rights are violated, he can sue under Article 32 of the Indian
Constitution. Detention doesn’t violate someone’s rights.  As he enters
prison, they don’t flee, but they may shrink.  However, shrinking cannot
reach the level of abuse in captivity that reduces people to animals.