Custodial Violence in India
Introduction
Notwithstanding quick advances in culture and proficiency, it is troubling that custodial death and barbaric misuse are expanding in our country. It is unforgivable that the individuals who should ensure human existence and property are attempting to obliterate it. The basic common freedoms ensured by the Constitution must be denied through the methods endorsed by the law. Article 21 obviously expresses that “no individual will be denied of his life and individual freedom besides as per the procedure established by law”.
What is Custodial Violence
Custodial violence are for the most part characterized as the psychological and actual torment against the convicted or accused individual in the police custody or in the judicial custody. Attempts to gather proof essential for a case through inhuman methods prompts the brutality in custody. The law doesn’t give a particular meaning of violence in custody. It is a mix of two words ‘custody’ and ‘violence’. There are two types of custody:-
- Judicial Custody:- It implies that the accused is lodged in a jail and is under the custody of the magistrate.
- Police Custody:- It means that an accused stays in the physical custody of the investigation agency probing the concerned matter.
Section 161 CrPC states that the procedure must be followed by the authorities while considering the custody of an accused person.
Methods Using For Custodial Torture
The police utilize the most horrible strategies against the crook. Such sort of abominations are not keeping with the poise of the democratic rule, civilised society and the survival of Human Rights. Consumed alive, squashed under weighty rollers, wounded with sharp instruments, extreme beating, electric stun, inclusion of metal nails and so on, are a portion of the methods utilized by the police while imposing blame.
Constitutional And Statutory Provisions Against Custodial Violence
Some of the constitutional provisions directly protect the basic human rights of the citizens, especially, rights of the prisoners.
- Articles 14,19, 20, 21, & 22 of the Constitution guarantees the prisoners rights.
- Indian Penal Code,1861 provides punishment to the person causing injury, torture or death on the a person in custody.
- The Criminal Procedure Code,1973 and Indian Evidence Act,1872 contains several provisions safeguarding the prisoners rights.
- Protection of human rights Act, 1993
- International covenants and declarations like UDHR, ICCPR
- Terrorist and Disruptive and Activities Act, 1987
- Prevention of Terrorism Act, 2002 are other statudes safeguarding the prisoners rights.
Reasons for the growth of custodial violence:-
- Discrimination on the basis of caste, colour and religion
- Ignorance of Law especially basic fundamental rights
- Fear of the police brutality
- Bribe and corruption
- Personality disorders and other mental illness
- Lack of speedy trial
Remedial measures of custodial violence:-
- Obey the statutes and laws related to custodial violence
- Follow the judicial guidelines and instructions
- Award reasonable and justiciable compensation to the victim or their relatives
- Give adequate and humanitarian training to the police and judicial authority
- Most importantly, respect the dignity of fellow human beings.
Conclusion
Custodial death and violence is quite possibly the most appalling violations on the planet. Each individual has the option to live with human dignity. Nobody can deny the essential Human Rights ensured by the constitution and other worldwide contracts and laws. It is the obligation of the jail officials and cops to ensure the privilege to life of the resident under custody. The right to life ought not be denied besides through the methods recommended by law.
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