Academic Article by Cheena Khanna
INTRODUCTION
“If the Government becomes a lawbreaker and brings contempt of law; it invites every man to become a law into him” – Justice Louis Brandeis (U.S Supreme Court)
Rule of Law, the law is supreme, no one is above law. It means nothing if someone is bereft of their liberty when everyone in front of the law is equal and has equal rights, whether it is a law enforcement officer or a random citizen. This implies that the government and its officials must behave within the confines of the laws that have been enacted. According to the Indian Constitution, the police are representatives of the state whose mandate is to serve the people of India as public servants and the police station is public property. Many people have died while in police custody, in the general sense it is defined as putting a restriction on the freedom of movement of an individual but the administration has paid less attention to it. Custodial fatalities are too common in a democratic society like India, where every individual has a right to life and personal liberty guaranteed by Article 21 of the Indian Constitution. The accused is likewise entitled to a fair and reasonable inquiry under criminal law's fundamental principles. It is also the state's vicarious accountability in cases of custodial fatalities, and it is the state's responsibility to rehabilitate the victim and offer proper compensation. Custodial torture, inhumane treatment, handcuffing detainees, and other third-degree tactics are frequently employed by police officers in the course of their official responsibilities, which is against international conventions and frequently breaches human dignity, putting the rule of law in jeopardy. To preserve law and order, the primary goal of the police is to catch criminals, fulfill their responsibilities, protect civilians, and prevent crime from occurring. Regardless of whether the administration is in power, there is a culture of prison brutality.
In the case of D.K Basu vs. State of West Bengal, "The executive chairman of Legal Aid Services, a certified non-political organization, wrote to the Chief Justice of India about fatalities in police custody and detention centers." It was also suggested that the subject be taken seriously and that "custody jurisprudence" be introduced. It was also said that police officials make different measures to smooth over problems of in-custody fatalities and that as a result, the violation goes unpunished. The letter was treated as a "writ petition" and notice was provided to respondents, taking into account the many facets and gravity of the presented matter." At that time, there was no proper machinery to be followed in cases of custodial deaths. According to the Asian Centre for Human Rights (ACHR), a total of 1,674 custodial fatalities occurred in India, with 1,530 deaths occurring in judicial custody and 144 deaths occurring in police custody. The alarming rise in incarceration-related mortality is a major source of worry in society.
Death in police custody is a "black spot" for the whole department, as officers have no authority to take the law into their own hands and kill an accused person. One of the primary causes of incarceration death is that, under the influence of influential individuals and politicians, police officers attempt to get an instant confession from the accused by employing force. If the accused refuses to accept his guilt, they will employ force. It is also demonstrated that police officers not only use force against hardened offenders but also kill people who have no prior criminal history. According to a report provided by the NCRB, Maharashtra has at least 100 incidences of custodial fatalities. 58 of them were not even on remand and had not been brought before the judge. It is a serious cause of concern as people are killed without having any access to justice in a democratic country like India.
In the case of Sunil Batra v. Delhi Administration, "The court stated that cruel torture and abuse violate Article 21 of the Indian Constitution, which guarantees the right to live in dignity." "The rights provided by Article 21 are not only basic but also human rights."
Human rights are described as inherent rights that all members of society have and without which we would be unable to survive as human beings. India is the world's largest democracy, and it has ratified several international human rights accords. These rights are guaranteed in the Indian Constitution in general. India's determination to uphold its sanctity on a global scale demonstrates its dedication to human rights promotion on both a national and international level. Extrajudicial killings, sometimes known as 'custodial death,' are a clear violation of human rights. It is a crime that obliterates an individual's personality and is a violation of his or her dignity. Custodial deaths are marked by not only physical agony and outward body anguish but also mental torture within the confines of the prison. The level of torture and trauma that a person feels is beyond the reach of the law, whether it be mental anguish or physical infliction of pain.
CONCLUSION
Death can be of natural or unnatural consequences. But generally, the death in custody is occurring due to the torture of the public officers while investigating the case. It is necessary and permitted by the law to interrogate an accused but at the same time, it is also provided that no illegal methods be adopted to investigate the case. Better law enforcement and strong punishments for wrongdoers are desperately required because if they are not appropriately punished, people would be afraid to approach the police. Simply punishing the culprit will not solve the problem or provide any comfort to the victim's family; a civil case for damages must be filed, which will entail a lengthy and costly legal process.
It is possible to say that India's judicial system has addressed the issue of incarceration violence. The Court has been able to give voice to the voiceless up to this point, therefore the researcher might infer those judicial statements appear to regulate prison violence.
REFERENCE
● https://blog.ipleaders.in/an-upsurge-of-custodial-deaths-in-india-an-analysis-of-d-kbasu-v-state-of-west-bengal/
● https://www.legalserviceindia.com/legal/article-5968-custodial-violence-the-harshtruth-and-unrighteous-act.html
● http://www.legalservicesindia.com/article/1893/Custodial-Violence-in-India.html