Criminalise custodial torture

The conviction of four policemen in the 2016 custodial death of Mahendra Singh Rathod underscores the persistent problem of custodial torture in India, despite various Supreme Court directives and international conventions aimed at preventing such abuses. Rathod, a domestic help in Bengaluru, died after being detained and allegedly assaulted by police. The court sentenced the officials to seven years in prison, fined them Rs 50,000 each, and ordered Rs two lakh in compensation for Rathod’s family. This is not an isolated case. In fact, Karnataka itself witnessed five such deaths in 2022-23, according to data provided to the Lok Sabha by the Centre. Maharashtra topped the list with 23 deaths in the same period.

India has ratified several international conventions, including the UN Convention Against Torture, but has failed to enact a comprehensive law to specifically criminalise custodial torture. In the absence of such legislation, the Supreme Court has stepped in to issue guidelines aimed at curbing custodial violence. Landmark cases like D K Basu (1997) set out strict protocols for police conduct during detentions, including mandatory documentation, the presence of legal counsel, and installation of CCTV cameras in police stations. Yet, the implementation of these guidelines remains woefully inadequate. In 1996, the apex court, responding to a Public Interest Litigation (PIL) filed by former police officer Prakash Singh, had issued detailed guidelines to reform the police establishment. Among these was the creation of the Police Complaints Authority (PCA) at both the state and district levels, tasked with investigating allegations of police misconduct, including custodial torture. While Karnataka has set up such an authority, many citizens are unaware of its existence. Moreover, while the National and State Human Rights Commissions have a role in investigating custodial deaths and human rights violations, their powers are largely advisory, with no authority to take direct action or impose criminal penalties. The regulatory gap must be addressed to hold police officers responsible for abuses.

At its core, the problem of custodial torture stems from a systemic failure within law enforcement agencies, where violence is often normalised as part of police work. While the Supreme Court’s guidelines are crucial, they cannot succeed on their own without a broader cultural shift within the police force. The conviction of the four officials should not be seen as the conclusion of the fight for justice, but as a reminder that the struggle to uphold human rights and to ensure the accountability of the police is far from over.