Torture is a common tool Karnataka police wields

One evening in August 2018, police officials dressed in mufti arrested Salil Ali (name changed) outside his home in East Bengaluru, on charges of drug peddling. Ali, who lives with his family, says his 'crime' was making the mistake of asking the policemen why they were taking his neighbour away.

At the station, Ali claims, he was subjected to third-degree torture by the cops, who used cricket bats, wickets and hockey sticks to beat him from the waist down. The ordeal lasted for a week.

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There were several things wrong with Ali's detention: his home was outside the jurisdiction of the police station he was taken to; there was no FIR registered and he was not produced before a court for over a week, which made his subsequent detention illegal.

When his wife finally tracked Ali down in police custody, she approached the State Human Rights Commission for help.

"Someone from the Human Rights Commission came and assured me I would be let out. After they left, the police started beating me again," he says.

Ali claims he has spent nearly Rs 6 lakh to get out of jail. Nearly two years later, effects of the torture linger: he constantly has to wear a belt to support his back, and the pain only allows him to work for 15 days in a month as a driver.

During the lockdown in April this year, when he missed a court hearing, the police issued a warrant and took him away again, for a couple of days.

Even though Karnataka is one of the better-performing states when it comes to custodial deaths, torture is a common tool that the state police wields.

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Even with the city police, which has largely cultivated a people-friendly image on social media, activists and lawyers say, custodial violence is common and often goes unreported. Basava Prasad Kunle, an advocate at Alternative Law Forum, explains that in many criminal cases, the arrested person often spends days in custody where violence is used to extract confessions. “These confessions are not admissible in court, but the police use violence to ease the investigation,” he said.

Fairoze, 22, was an undertrial at Parappana Agrahara. He was accused of dealing drugs and charged for a petty crime. During a scuffle in prison, Fairoze was assaulted by the guards, who then singled him out and start beating him and he sustained severe injuries to his thighs and legs.

Despite signs of infection, Fairoze was not given appropriate medical attention, and was taken to the Victoria hospital, 11 days after the incident; a three more days later, he passed away, on January 23, 2019. Initially, the police tried to prove that it was a one-year-old wound, even though no record of it exists when Fairoze was admitted to Parappana Agrahara.

A complaint filed with the State Human Rights Commission (SHRC) cites the post-mortem report, which lists severe injuries to the thighs and legs, but fails to mention the cause. The SHRC directed a compensation of Rs 10 lakh to be paid to Fairoz’s family and the case was turned over to the CB-CID, where it is under investigation.

Even though the SHRC took a proactive role in this case, not everyone who faces the brunt of the police brutality can approach the commission. Since 2017, the Commission says it has received about 274 cases pertaining to custodial torture, with about 189 cases.

Meera Saxena, a former member of the Karnataka SHRC said that often the redressal mechanism is so slow that, “system has found a way to protect its ‘own’. We have checks and balances but we have to reexamine if they are effective.”

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SHRCs only have the power to recommend compensation or disciplinary action against officials involved. After an FIR is registered against officials involved in custodial violence, an investigation occurs within their sphere of influence, explains Kunle, who works with victims of custodial violence. “In the case of Salil Ali, the inspector who was involved was able to get transferred,” he said.

Arrests and convictions of police personnel are virtually nil in the state, even for cases other than custodial torture. From 2016 to 2018, there have been 200 cases registered against police personnel, with zero arrests or convictions. In the same period, the state recorded 3 custodial deaths.

“These incidents deeply affect lives, many people who are arrested and tortured without reason have to not only live with the trauma but also with the impact of constant police surveillance. Families, friends and even employment prospects disappear soon after,” said Kunle.