{"id":8848,"date":"2020-07-06T11:53:35","date_gmt":"2020-07-06T06:23:35","guid":{"rendered":"https:\/\/triumphias.com\/blog\/?p=8848"},"modified":"2020-07-06T12:08:29","modified_gmt":"2020-07-06T06:38:29","slug":"custodial-deaths","status":"publish","type":"post","link":"https:\/\/triumphias.com\/blog\/custodial-deaths\/","title":{"rendered":"Custodial deaths"},"content":{"rendered":"
\n
Relevance: Prelims\/Mains: G.S paper II: Governance<\/strong><\/span>Why in news?<\/strong><\/p>\n

\"Tamil<\/p>\n<\/header>\n<\/section>\n

\n

\u2022 Recently a father and son allegedly died in Santhakkulam Station, Tamil Nadu due to custodial violence. They were detained for violating the lockdown restrictions.<\/p>\n

\"Tuticorin<\/p>\n

More on the news:<\/b><\/p>\n

\u2022 According to the Commonwealth Human Rights Initiative (CHRI), this incident revealed a broken criminal justice system and highlighted the need for police reforms and the ratification of the United Nations Convention Against Torture (UNCAT).<\/strong><\/span><\/p>\n

\"CAT<\/p>\n

\u2022 Custodial violence primarily refers to violence in police and judicial custody, it includes death, rape and torture.<\/p>\n

\u2022 According to the National Campaign Against Torture\u2019s report, 1,731 people had died in custody in 2019.<\/p>\n

\u2022 According to the National Crime Records Bureau (NCRB) data, between 2001 and 2018, only 26 policemen were convicted of custodial violence.<\/p>\n

\"UN<\/p>\n

Reasons behind the Custodial Violence:<\/b><\/span><\/p>\n

\u2022 Absence of Strong Legislation India lacks anti-torture legislation and the criminalisation custodial violence is yet to be done.<\/p>\n

\u2022 Lack of transparency and inherently opaque prison system in India with many pending prison reforms.<\/p>\n

\u2022 India has signed the United Nations Convention against Torture in 1997 its ratification still remains.
\nProvisions available in India:<\/p>\n

\u2022 Protection from torture is a fundamental right enshrined under Article 21 (Right to Life) of the Indian constitution.<\/p>\n

\u2022 The right to counsel is a fundamental right under Article 22(1) of the India constitution.<\/strong><\/p>\n

\u2022 Section 41 of Criminal Procedure Code (CrPC) was amended in 2009 to include safeguards under 41A, 41B, 41C and 41D, so that arrests and detentions for interrogation have reasonable grounds and documented procedures, arrests are made transparent to family, friends and public, and there is protection through legal representation.<\/p>\n

Important Observations and guidelines for police reforms:<\/b><\/span><\/p>\n

\u2022 National Police Commission observation: The National Police Commission recorded a back in 1979 that \u201cthe present culture of the police system appears a continuation of what obtained under the British regime when the police functioned ruthlessly as an agent for sustaining the government in power\u201d and mentioned that \u201cpolice find it difficult to play their lawful role and make their performance acceptable to the people at large\u201d.<\/p>\n

\u2022 The Supreme Court issued a set of directions in 2006 to state governments with a view to transforming the ethos and working philosophy of the police.<\/p>\n

\u2022 Setting up the State Security Commission: The SC\u2019s most important direction was about setting up of a State Security Commission with a view to insulate the police from external pressures.<\/p>\n

\u2022 It is true that several states have enacted laws purportedly in compliance with the Supreme Court\u2019s orders.<\/p>\n

\u2022 Recommendation not supported in letter and spirit: But these acts, as their critical examination reveals, violate the letter and spirit of the judicial directions. The old order continues for all practical purposes<\/p>\n

\u2022 Implementation of Law Commission of India\u2019s 273rd Report. It recommends that those accused of committing custodial torture \u2013 be it policemen, military and paramilitary personnel \u2013 should be criminally prosecuted instead of facing mere administrative action establishing an effective deterrent.<\/p>\n<\/div>\n

 <\/p>\n

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