CRPC PROJECT
CUSTODIAL DEATH IN INDIA :- THE LEGAL DISCOURSE
SUBMITTED BY :- SANKALP SHANDILYA
UID:- SM0121053
SUBMITTED TO :- MR. AMOL DEO CHAUHAN ( ASSOCIATE PROFESSOR OF LAW)
INTRODUCTION
Custodial deaths have been a persistent problem in India, drawing attention to the issue of
human rights violations and police brutality. Custodial deaths refer to deaths that occur while
a person is in police custody, which can include deaths due to torture, neglect, or other forms
of abuse. Despite constitutional safeguards and legal protections, custodial deaths continue to
occur, particularly affecting marginalised communities such as Dalits, Adivasis, and
Muslims.
This research paper aims to examine the issue of custodial deaths in India, shedding light on
its causes, patterns, and consequences. The paper will provide an overview of the historical
and political context that has contributed to this phenomenon, including the legacy of
colonialism, authoritarianism, and caste-based discrimination. The paper will also analyse the
legal and institutional mechanisms in place to prevent custodial deaths, including the
Constitution, the Criminal Procedure Code, and the National Human Rights Commission.
Drawing on both quantitative and qualitative data, the paper will explore the root causes and
patterns of custodial deaths, including police brutality, lack of accountability and
transparency, and systemic discrimination. The paper will also examine the impact of
custodial deaths on victims' families and the wider society, including issues of impunity,
mistrust in the criminal justice system, and erosion of democratic values.
Finally, the paper will suggest policy recommendations and interventions aimed at preventing
custodial deaths and ensuring justice for the victims and their families. The paper will argue
that addressing the issue of custodial deaths requires systemic reforms, including changes in
police culture, strengthening of accountability mechanisms, and promotion of human rights
education and awareness.
Overall, this research paper aims to contribute to the ongoing debates and efforts to address
the issue of custodial deaths in India, highlighting the need for a human rights-based
approach to law enforcement and justice.
Research Methodology
Introduction:
The research paper titled "Custodial Death in India" aims to explore the phenomenon of
custodial deaths in India, focusing on the causes, consequences, and ways to prevent such
deaths. The study will use a mixed-method approach to collect and analyse data to understand
the factors that contribute to custodial deaths and to develop policy recommendations to
reduce such incidents.
Research Design:
The research design for this study will be based on a mixed-method approach. The study will
include both qualitative and quantitative research methods to collect and analyse data. The
research design will consist of the following components:
1. Research Questions:
The research questions for this study are as follows:
1. What are the causes and consequences of custodial deaths in India?
2. What policies and procedures are in place to prevent custodial deaths in India?
3. What are the challenges faced by law enforcement agencies in preventing custodial
deaths in India?
4. What are the perceptions of the public and law enforcement officials regarding
custodial deaths in India?
2. Sampling:
The study will use purposive sampling to select participants. The participants will include
families of victims of custodial deaths, law enforcement officials, legal experts, human rights
activists, and other stakeholders. The sample size will be determined based on the saturation
point, which is the point at which no new information is obtained from the participants.
3. Data Collection:
The study will use a combination of primary and secondary data sources to collect data. The
primary data sources will include in-depth interviews, focus group discussions, and surveys.
The secondary data sources will include government reports, court judgments, media reports,
and other relevant documents.
4. Data Analysis:
The study will use both qualitative and quantitative data analysis methods to analyse the data.
The qualitative data will be analysed using thematic analysis, while the quantitative data will
be analysed using statistical analysis. The findings will be presented in the form of tables,
graphs, and narratives.
5. Ethics:
The study will adhere to ethical guidelines for research involving human subjects. Informed
consent will be obtained from all participants, and their anonymity and confidentiality will be
ensured. The study will also take into account the power dynamics between the researcher
and the participants and will ensure that the participants are not coerced or manipulated in
any way.
Conclusion:
The research methodology outlined above aims to provide a comprehensive understanding of
the phenomenon of custodial deaths in India. The mixed-method approach will enable the
study to collect and analyse data from multiple perspectives, providing a holistic view of the
issue. The findings of the study will be used to develop policy recommendations to prevent
custodial deaths in India, contributing to the larger goal of protecting human rights and
promoting justice.
CHAPTER 1
The causes and consequences of custodial deaths in India.
Custodial deaths refer to the deaths of individuals while in the custody of law enforcement
agencies, including the police, military, and other security forces. In India, custodial deaths
have been a longstanding problem, with reports of torture, ill-treatment, and other forms of
abuse by law enforcement personnel. The causes of custodial deaths in India are complex and
multifaceted, and can be attributed to a range of factors including:
1. Lack of accountability: One of the primary reasons for custodial deaths in India is the lack
of accountability and impunity for law enforcement personnel. Despite the existence of laws
and regulations to govern the actions of police officers, there is often a culture of impunity
and a lack of accountability for any violations of the law. This can lead to excessive use of
force and violence, which can result in the death of the detainee.
2. Inadequate training and supervision: Law enforcement agencies in India are often
understaffed and under-resourced, which can result in inadequate training and supervision of
personnel. This can lead to a lack of knowledge and skills in handling detainees, which can
result in excessive use of force and violence. In addition, there may be insufficient oversight
and monitoring of the actions of law enforcement personnel, which can allow abuses to go
unchecked.
3. Discrimination and bias: Discrimination and bias against certain groups, such as religious
minorities, Dalits, and tribal communities, can lead to a disproportionate number of custodial
deaths among these populations. These groups may be more likely to be targeted by law
enforcement agencies, and may face a higher risk of abuse and violence while in custody.
The consequences of custodial deaths in India are severe and far-reaching. Some of the
most significant consequences include:
1. Violation of human rights: Custodial deaths are a violation of the fundamental human
rights of the detainee, including the right to life, liberty, and security of the person. This can
have a devastating impact on the individual and their family, and can erode public trust in law
enforcement agencies.
2. Undermining the rule of law: Custodial deaths undermine the rule of law and the principles
of justice and fairness. It sends a message that those in positions of power are above the law
and can act with impunity, which can erode public confidence in the justice system.
3. Trauma and psychological impact: Custodial deaths can have a significant psychological
impact on the families of victims, who may suffer from trauma, depression, and anxiety as a
result of their loss. This can have a lasting impact on their mental health and well-being.
CHAPTER 2
The policies and procedures are in place to prevent custodial deaths in
India.
In India, custodial deaths have been a longstanding problem, with reports of torture,
ill-treatment, and other forms of abuse by law enforcement personnel. In response to this
issue, various policies and procedures have been put in place to prevent custodial deaths and
ensure the proper treatment of detainees. In this article, we will discuss some of the key
policies and procedures that are in place to prevent custodial deaths in India.
1. The DK Basu guidelines:
One of the most significant policies aimed at preventing custodial deaths in India is the DK
Basu guidelines. In 1985, the Supreme Court of India issued a set of guidelines to be
followed by law enforcement agencies during arrests and detentions. The guidelines include
the requirement that the police inform the arrested person of their rights, the right to inform a
relative or friend about the arrest, and the right to be medically examined by a doctor every
48 hours. The guidelines also require the police to prepare a memo of arrest at the time of
arrest, and to inform the arrested person of their right to be produced before a magistrate
within 24 hours.
2. The Prevention of Torture Bill:
In 2010, the Indian government introduced the Prevention of Torture Bill in Parliament. The
bill aimed to criminalize torture and other forms of ill-treatment by law enforcement
personnel, and to provide compensation to victims of torture. While the bill has yet to be
passed by Parliament, its introduction signalled a commitment to preventing custodial deaths
and ensuring the proper treatment of detainees.
3. The National Human Rights Commission (NHRC):
The NHRC is an independent statutory body established by the Indian government in 1993 to
protect and promote human rights. The NHRC has the power to investigate complaints of
human rights violations, including custodial deaths, and to make recommendations to the
government on measures to prevent such violations. The NHRC also conducts training
programs for law enforcement personnel on human rights principles and the proper treatment
of detainees.
4. The Bureau of Police Research and Development (BPRD):
The BPRD is a research and training institution established by the Indian government to
improve the efficiency and effectiveness of the police. The BPRD conducts research on
policing issues, including custodial deaths, and provides training to law enforcement
personnel on human rights principles and the proper treatment of detainees. The BPRD also
provides technical assistance to state police forces in developing policies and procedures to
prevent custodial deaths.
5. The Police Complaints Authority (PCA):
Several states in India have established Police Complaints Authorities to investigate
complaints against law enforcement personnel, including allegations of custodial deaths. The
PCA is an independent body that investigates complaints of police misconduct and can make
recommendations for disciplinary action or prosecution. While the effectiveness of PCAs
varies across states, they represent an important mechanism for holding law enforcement
personnel accountable and preventing custodial deaths.
6. The Human Rights Courts:
The Indian government has established Human Rights Courts in each district of the country
to handle cases of human rights violations, including custodial deaths. These courts have the
power to award compensation to victims of human rights violations and to order disciplinary
action or prosecution against law enforcement personnel found guilty of such violations.
In addition to these policies and procedures, there is a need for greater awareness-raising and
training on human rights principles and the proper treatment of detainees among law
enforcement personnel. The implementation of these policies and procedures must be
accompanied by a culture shift within law enforcement agencies, emphasising respect for
human rights and the rule of law.
CHAPTER 3
The challenges faced by law enforcement agencies in preventing
custodial deaths in India.
Lack of Training:
One of the significant challenges faced by law enforcement agencies in India is the lack of
proper training of police personnel. Police personnel often lack the necessary skills and
knowledge required to handle situations without resorting to violence. In many cases, police
personnel use excessive force or torture to extract information from suspects, leading to
custodial deaths. The lack of training also results in the use of outdated investigation
techniques, leading to false accusations and wrongful arrests.
Poor Infrastructure:
Another significant challenge faced by law enforcement agencies in India is the poor
infrastructure of police stations and jails. Many police stations in India lack basic amenities
such as clean water, sanitation facilities, and medical facilities. The poor infrastructure of
jails and detention centres makes it easier for custodial deaths to occur due to the lack of
proper care and medical attention.
Corruption:
Corruption is another challenge faced by law enforcement agencies in India. Corruption
among police personnel often leads to the abuse of power and the use of excessive force. In
many cases, bribes are taken from suspects to avoid arrest or detention, resulting in the
wrongful release of dangerous criminals. Corruption also leads to the failure of
investigations, with cases being closed without proper evidence or follow-up.
Lack of Accountability:
One of the most significant challenges faced by law enforcement agencies in India is the lack
of accountability. Police personnel often operate with impunity, with no consequences for
their actions. In many cases, police personnel involved in custodial deaths are not punished,
leading to a lack of deterrence. The lack of accountability also results in a lack of
transparency in the investigation process, with evidence being tampered with or suppressed.
Lack of Resources:
Law enforcement agencies in India often face a lack of resources, including personnel and
equipment. Many police stations in India are understaffed, with officers working long hours
and facing high levels of stress. The lack of resources also results in a lack of proper training,
infrastructure, and equipment, making it difficult for law enforcement agencies to prevent
custodial deaths.
Political Interference:
Political interference is another challenge faced by law enforcement agencies in India.
Political interference often results in the misuse of power, with politicians exerting undue
influence on police personnel to further their own interests. In many cases, political
interference leads to the suppression of evidence and the failure of investigations, resulting in
a lack of accountability for custodial deaths.
Public Perception:
The public perception of law enforcement agencies in India is another challenge that makes it
difficult to prevent custodial deaths. The lack of trust in the police and the criminal justice
system leads to a lack of cooperation and support from the public. In many cases, witnesses
are afraid to come forward, and suspects are unwilling to cooperate with investigations,
leading to a lack of evidence and a failure to prevent custodial deaths.
Conclusion:
In conclusion, preventing custodial deaths in India is a significant challenge faced by law
enforcement agencies. The lack of proper training, poor infrastructure, corruption, lack of
accountability, lack of resources, political interference, and public perception are some of the
challenges that need to be addressed to prevent custodial deaths. The government must take
steps to address these challenges by investing in training, infrastructure, and resources for law
enforcement agencies, promoting transparency and accountability, and ensuring that political
interference does not compromise the criminal justice system. Additionally, public awareness
campaigns should be conducted to improve the public perception.
CHAPTER 4
The perceptions of the public and law enforcement officials regarding
custodial deaths in India.
Custodial deaths in India are a significant issue that has drawn attention from both the public
and law enforcement officials. The perceptions of these two groups regarding custodial
deaths are complex and multifaceted, reflecting a range of factors such as political affiliation,
socioeconomic status, personal experience, and media coverage. In this essay, I will examine
the perceptions of the public and law enforcement officials regarding custodial deaths in
India.
Public Perceptions:
The public in India generally views custodial deaths as a serious problem that reflects
systemic issues within the criminal justice system. There is a widespread perception that law
enforcement personnel are not held accountable for their actions and that corruption and
abuse of power are rampant. This perception is often fueled by media coverage and public
discourse that highlights cases of custodial deaths.
The public also views custodial deaths as a problem that disproportionately affects
marginalised and minority communities, such as Dalits, Muslims, and Adivasis. There is a
perception that these communities are unfairly targeted and subjected to violence and abuse
by law enforcement officials. This perception is supported by statistics that show that
members of these communities are overrepresented among those who die in custody.
The public's perception of custodial deaths is also influenced by personal experiences. Many
people in India have friends or family members who have been detained by the police, and
some have experienced police brutality themselves. These personal experiences contribute to
a sense of mistrust and hostility towards law enforcement agencies.
Law Enforcement Perceptions:
Law enforcement officials often have a different perspective on custodial deaths. Some
officials argue that the issue is overstated and that most deaths occur due to natural causes or
suicide, rather than abuse by law enforcement personnel. They may also point to the
challenges of policing a large and diverse country like India, where resources and training can
be limited.
However, there are also law enforcement officials who recognize the seriousness of custodial
deaths and are committed to preventing them. These officials often advocate for better
training, resources, and oversight to ensure that detainees are treated with dignity and respect.
Law enforcement officials may also view custodial deaths as a problem that is caused by
external factors, such as overcrowding in prisons, poor medical facilities, or the lack of
resources for mental health care. They may argue that addressing these external factors is key
to preventing custodial deaths.
Perceptions of the public and law enforcement officials regarding custodial deaths are often
shaped by political affiliation and ideology. For example, those on the political left are more
likely to view custodial deaths as a reflection of systemic issues such as poverty,
discrimination, and corruption. Those on the political right may view the issue as a problem
of individual behaviour, rather than a systemic issue.
Media coverage also plays a significant role in shaping perceptions of custodial deaths. The
media may sensationalise the issue or frame it in a particular way, which can influence public
opinion. For example, if the media focuses on cases where members of marginalised
communities are victimised, it may contribute to a perception that these communities are
unfairly targeted by law enforcement agencies.
In conclusion, the perceptions of the public and law enforcement officials regarding custodial
deaths in India are complex and multifaceted. The public tends to view the issue as a serious
problem that reflects systemic issues within the criminal justice system, while law
enforcement officials may have a more nuanced or defensive perspective. These perceptions
are influenced by a range of factors, including personal experience, political affiliation, and
media coverage. Addressing the issue of custodial deaths requires greater dialogue and
collaboration between the public and law enforcement officials, as well as a commitment to
transparency and accountability.
Conclusion
In conclusion, custodial deaths in India represent a deeply troubling and complex issue that
has far-reaching implications for the country's criminal justice system and society at large.
Despite numerous legal and policy measures that have been implemented to prevent custodial
deaths, the problem persists, reflecting deep-seated institutional and cultural challenges.
One of the most significant challenges in addressing custodial deaths in India is the lack of
accountability and transparency within law enforcement agencies. Many instances of
custodial deaths are not investigated, and perpetrators often go unpunished, leading to a
culture of impunity. Moreover, police officers and other officials are often reluctant to report
instances of abuse or misconduct by their colleagues, further exacerbating the problem.
At the same time, the problem of custodial deaths is also closely tied to broader issues of
social inequality and discrimination. Members of marginalised communities, including
Dalits, Muslims, and Adivasis, are disproportionately affected by custodial deaths, reflecting
systemic patterns of discrimination and bias within the criminal justice system. This points to
the need for a broader societal commitment to promoting equality and combating
discrimination.
To effectively address custodial deaths in India, it is essential to adopt a multifaceted
approach that addresses both the institutional and societal factors that contribute to the
problem. This includes measures such as improving training and resources for law
enforcement personnel, establishing independent oversight mechanisms, promoting greater
accountability and transparency, and addressing broader issues of social inequality and
discrimination.
Moreover, it is essential to foster greater dialogue and collaboration between law enforcement
agencies and civil society organisations to build trust and address the root causes of the
problem. This requires a concerted effort on the part of all stakeholders, including
government officials, law enforcement agencies, civil society organisations, and the general
public.
In conclusion, custodial deaths in India represent a complex and multifaceted issue that
requires a coordinated and sustained effort to address. While progress has been made in
recent years, much more needs to be done to ensure that every person in custody is treated
with dignity and respect and that perpetrators of custodial deaths are held accountable for
their actions. By working together to address this critical issue, we can help to build a more
just and equitable society for all.
