CUSTODIAL DEATH IN INDIA

An Article by Joseph Abishek 2nd Yr. BBA LLB (HONS); ‘A’ Sec

Every person has dignity and value. One of the ways that we recognize the fundamental worth of
every person is by acknowledging and respecting their human rights. Human rights recognize our
freedom to make choices and live a life free from fear, harassment, or discrimination. One of the
worst degradations of human rights is custodial violence. A death in custody is a death of a person in
the custody of the police, prison service, or other authorities. Sudden and unexpected death in
custody is commonly associated with allegations on the police for mishandling prisoners, media
conjecture, and intense community concern.

Mounting levels of custodial deaths in India are alarming citizens and advocates alike. Experts say
violations of laws against custodial torture are commonplace and that many police consider violence
a legitimate tool for investigation & other purposes.

According to a report by the National Campaign Against Torture (NCAT), approximately five people
died in custody every day in 2019. Cases documented by the NCAT suggest the situation is far worse
than is shown in the Crime in Indian statistics
Lack of effective legal representation at the police stations is a huge detriment to arrested or
detained persons and is the reason why policemen have the audacity to commit such
crimes. Another disturbing aspect of custodial deaths, according to prison data, is that at least two in
three prisoners in India are from social groups that the government officially classifies as Scheduled
Castes, Scheduled Tribes, or Other Backwards Classes.
In other words, those from marginalized castes and poorer sections of society are much more likely
to be on the receiving end of police violence and to be tortured than people who have financial or
political influence.
It is the element of accessibility that is the main problem. The system of justice
delivery is not easily accessible to a common citizen and the ignorance of their rights makes them
vulnerable. Strict laws and implementation of those laws are the only way to counter this gross
human right violation. As responsible citizens and future lawyers, it is our duty to educate society on
their rights and enforce their rights when violated, and thereby eradicate this social evil once and for
all.