[Answered] Custodial brutality highlights India’s criminal justice system’s failure due to inadequate reform. Critically analyze how prioritizing enforcement over reform impacts human rights, police accountability, and equitable justice delivery.

Introduction

Custodial deaths in India expose the deep fault lines within its criminal justice system, where enforcement overshadows reform, eroding public trust, compromising human rights, and weakening the very foundations of democratic accountability.

The Grim Reality of Custodial Brutality

1. Custodial violence remains one of the gravest human rights concerns in India. According to the National Campaign Against Torture, 125 people died in police custody in 2022, often due to torture.
2. The recent death of Ajith Kumar in Tamil Nadu, with 44 wounds and signs of abuse, is not an isolated incident but part of a recurring pattern. From Vignesh in Chennai (2022) to Raja in Villupuram (2024), each death reflects systemic failure — not just of the police, but of India’s justice system.

Overemphasis on Enforcement over Reform

Despite allocating thousands of crores annually to policing, most states focus disproportionately on enforcement tools — surveillance, vehicles, and riot gear — rather than on capacity-building and human rights safeguards. Key reform areas like mental health support, de-escalation training, and trauma-informed investigation remain grossly underfunded.

1. Police Welfare Neglected: India’s police-to-population ratio is only 152 per lakh, well below the UN-recommended 222 per lakh. Overworked, undertrained, and stressed, officers often resort to force due to lack of emotional resilience and institutional support.
2. Training Deficit: Many police training modules are outdated, lacking focus on human rights law, community policing, and ethical conduct. Only 1.5% of police officers in India undergo in-service training annually (BPRD, 2022).
3. Weak Internal Accountability: The National Human Rights Commission (NHRC) and departmental inquiries rarely result in convictions. According to NCRB 2022, zero convictions were recorded in custodial death cases despite dozens of FIRs and magisterial inquiries.

Human Rights Erosion and Public Distrust

1. When force takes precedence over fairness, citizens—especially the poor, Dalits, minorities, and migrants—become vulnerable targets.
2. The erosion of Article 21 (right to life) and Article 22 (protection from arbitrary arrest) becomes routine. The institutional silence around these violations reflects a deep-seated apathy.
3. The failure to legislate against custodial torture, despite India being a signatory to the UN Convention Against Torture (UNCAT), adds to the impunity.
4. The Law Commission of India (273rd Report) and multiple Supreme Court observations (e.g., DK Basu v. State of West Bengal, 1997) have recommended comprehensive anti-custodial violence laws, but to no avail.

Reforms to Redefine Justice Delivery

1. Anti-Torture Legislation: Enact a robust, time-bound, and enforceable anti-custodial violence law.
2. Police Reform: Implement the Supreme Court’s Prakash Singh guidelines—separation of investigation from law and order, fixed tenure for officers, and independent police complaints authorities.
3. Mental Health and Sensitization: Mandate quarterly counselling, psychological evaluation, and human rights-based training for police personnel.
4. Tech for Transparency: Ensure real-time monitored, tamper-proof CCTV coverage in all custodial facilities; use body cameras and digital logs.
5. Independent Oversight: Empower civil society and judiciary to oversee custodial procedures and complaints.
6. Victim Compensation: Ensure swift, adequate compensation and rehabilitation for victims’ families through legal aid and fast-track courts.

Conclusion

Enforcement without reform leads to brutality without justice. True public safety lies not in fear but in trust — earned through accountability, compassion, and a reimagined criminal justice system rooted in human dignity.