Custodial Violence: No external monitoring mechanism in India to take erring police officers to task

Source: The post is based on the article “No external monitoring mechanism in India to take erring police officers to task” published in The Hindu on 14th April 2023

What is the News?

Following a case of custodial violence in Tamil Nadu, the issue of police excesses are back at the forefront. There were 478 custodial deaths reported in Tamil Nadu between 2016­-17 and 2021-­22 and no arrests, chargesheets or convictions.

What is Custodial Violence?

Custodial violence primarily refers to violence in police custody and judicial custody. It may be mental or physical in nature.

Types of Custodial Violence:

– Physical: This includes methods of physical torture on the victim

– Physiological: It includes mental torture. For instance, depriving a person of food. It also includes threat and humiliation of the victim

– Sexual: It is employed through rape/sodomy. It is directed towards the social and psychological harassment of the victims.

About the Data on Custodial Death

According to National Crime Records Bureau(NCRB) data, over the last 20 years, 1,888 custodial deaths were reported across the country, 893 cases registered against police personnel and 358 personnel charge-sheeted. But only 26 policemen were convicted in this period.

In 2021, as many as 88 persons died while in police custody in India of which Gujarat recorded the highest number of such deaths.

What are the challenges in tackling custodial violence cases in India?

Loopholes in the system: Following the 1986 case of D.K. Basu vs West Bengal, the Supreme Court issued 11 guidelines to accompany Article 22 (Rights of accused). According to them, a Magistrate should ask the accused whether he has a medical problem caused by the police. They generally don’t ask and write “no complaints”, meaning the accused never said anything.

No Police accountability: In India, when the police do something illegal, it does not vitiate the outcome of the trial. So when an illegality takes place, all that one may get is bail or compensation. Beyond that, India does not have a mechanism by which officers can be taken to task. On the other hand, in the U.S., one can sue the police for civil damage.

Most victims from marginalized communities: Most of the custodial violence victims are from marginalized communities such as SCs, STs and denotified tribes.

There must be civilian supervision in police stations and if something happens they can visit. So monitoring should be legalized by civil society in some form.