Custodial deaths, torture must end

Chief Justice of India N V Ramana’s statement that “the threat to human rights and bodily integrity is the highest in police stations” is reiteration of a fact that courts and the society as a whole have known for a long time. But it is important that the CJI has made a mention of it outside the court and not as part of a judgement in a case on custodial death. As he noted, custodial torture and police atrocities still prevail despite constitutional guarantees, and vulnerable sections of the population continue to live outside the system of justice. The system of justice has many parts, and the police is an important part of it. But the most serious challenge to justice often comes from the police. Custodial deaths and torture are reported every day. It was disclosed in the Lok Sabha this month that 348 custodial deaths and 1,189 cases of torture by the police were reported across the country in the last three years. This is an understatement because many such cases are not reported at all.

There are several reasons for the increase in custodial deaths. The idea of rule of law is under strain. There is even a view gaining ground that it is right for the police or even mobs to punish criminals and suspects without investigation and the judicial process confirming that they are guilty. The killings of accused persons have met with popular approval in many cases. The failure of the system to award justice in time is one reason for this. There is also a growing disregard for the rights of citizens. The police force is inadequate in numbers, undertrained, under-equipped and overstressed. The police system is highly politicised and all political parties control the police when they are in power. Police reforms have often been talked about but the proposals are never implemented. An independent police force that respects the rights of citizens and is well-equipped to deal with crimes without torture and killing of suspects remains a distant ideal.

Union Home Minister Amit Shah recently said that the days of third-degree torture are over. The statement is in stark contest with the CJI’s statement which accepts the reality of the situation. The government has also said that codes like the IPC and the CrPC would be amended to speed up investigation and trial of cases. Speedier justice is not just a matter of faster legal procedures. It should be ensured that justice is not defeated when the process is fast-tracked. Every part of the justice system should work together to put an end to custodial deaths and torture, with the support of politics and the larger society.