Custodial deaths, a grim reality in India, have seen a startling increase over the last few years, raising serious concerns about human rights violations and the need for police reforms. Recent data provided by the Ministry of Home Affairs (MHA) in the Rajya Sabha reveals a shocking rise of nearly 60% in such deaths over the last three years, with certain states like Maharashtra, Kerala, and Bihar witnessing alarming spikes.
Custodial deaths refer to deaths that occur when an individual is in the custody of the police or other law enforcement agencies. These deaths can result from various causes, including torture, neglect, or other forms of mistreatment.They violate the right to life and personal liberty guaranteed under Article 21 of the Indian Constitution. The Protection of Human Rights Act, 1993, and the Code of Criminal Procedure, 1973, provide legal frameworks to investigate and prevent such deaths, but they remain a serious human rights issue, emphasizing the need for police reforms.
BACKGROUND HISTORY:
The issue of custodial deaths in India has a long and troubling history. Reports of police brutality, torture, and deaths in custody have been a recurrent theme, highlighting systemic failures and a lack of accountability. High-profile cases, such as the Jayaraj and Bennix Case in Tamil Nadu, have sparked public outrage and demands for justice and police reforms.
LEGAL PROVISIONS:
| Applicable Law | Description |
| Constitution of India |
|
| Protection of Human Rights Act, 1993 | Establishes the National Human Rights Commission (NHRC) and State Human Rights Commissions to investigate human rights violations, including custodial deaths |
| Code of Criminal Procedure, 1973 | Mandates magisterial inquiries into custodial deaths to ensure transparency and accountability |
LEGAL ANALYSIS:
Custodial deaths are a blatant violation of the fundamental right to life and personal liberty. The Supreme Court has repeatedly emphasized the need for police reforms and accountability to prevent such deaths. The right against torture, a component of the right to life under Article 21, prohibits any form of physical or mental abuse in custody. Despite these legal protections, custodial deaths continue to occur, pointing to systemic failures and a lack of implementation of laws and guidelines.
| Case | Description |
| Jayaraj and Bennix Case (2020) | A father-son duo, P. Jayaraj and J. Bennix, died in police custody in Tamil Nadu, allegedly due to police brutality. Their deaths sparked widespread outrage and calls for justice. |
| Maharashtra Custodial Death Cases (Various) | Maharashtra has seen several cases of custodial deaths, including the deaths of Agnelo Valdaris, Khwaja Yunus, and Dalit activist Bhanudas Mane. These cases have highlighted issues of police brutality and lack of accountability. |
| Lalita Kumari v. Government of Uttar Pradesh (2013) | The Supreme Court of India took suo motu cognizance of a custodial death case in Uttar Pradesh and directed the state government to conduct a thorough investigation. The court emphasized the need for strict action against those responsible for custodial deaths. |
CURRENT SCENARIO:
The recent data provided by the MHA highlights a disturbing trend of increasing custodial deaths, particularly in states like Gujarat, Maharashtra, and Madhya Pradesh. The rise in such cases raises questions about the effectiveness of existing mechanisms to prevent custodial deaths and hold perpetrators accountable.
Congress leader Pankhuri Pathak has called for a judicial probe into every death in police custody in Uttar Pradesh, citing alarming statistics that place the state at the top in terms of custodial killings in the country. This demand comes in the aftermath of the death of Mukhtar Ansari, a prominent figure in Uttar Pradesh politics, who died of a cardiac arrest while in Banda jail. Ansari’s family has alleged foul play, claiming that he was slowly poisoned in jail, a charge denied by prison authorities. Pathak’s plea for a thorough investigation into custodial deaths underscores the broader issue of human rights violations and the need for accountability in law enforcement agencies. Other political leaders, including Akhilesh Yadav and Mayawati, have also demanded a high-level inquiry into Ansari’s death, highlighting the seriousness of the issue.
Custodial deaths remain a grave human rights issue in India, underscoring the urgent need for police reforms and accountability mechanisms. The recent increase in such deaths is a stark reminder of the challenges faced in ensuring the protection of fundamental rights. The government must take proactive measures to prevent custodial deaths, including strict enforcement of laws, training of police personnel in human rights, and ensuring swift and impartial investigations into allegations of abuse and misconduct. Only through concerted efforts can India address this pressing issue and uphold the rule of law and human rights for all its citizens.
SOURCE- HINDUSTAN TIMES
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