Custodial Death

News Of Custodial Death: Delhi High Court upholds conviction of 5 UP cops in 2006 ‘custodial torture’ case

Custodial torture is the infliction of physical or mental pain or suffering on a person who is in the custody of the police or other authorities.

Types of Custodial Death:

• Death in Police Custody: Can result from excessive force, torture, denial of medical care, or other forms of abuse.
• Death in Judicial Custody: May occur due to overcrowding, poor hygiene, lack of medical facilities, inmate violence, or suicide.
• Death in the Custody of Army or Paramilitary Forces: Can happen through torture, extrajudicial killings, encounters, or crossfire incidents.

 Constitutional Provisions Related to Custodial Torture:

• Article 21 of the Constitution of India .
• Article 20
• Related International Conventions:
  • Universal declaration of human rights 1948 contains a provision which protects people from torture and other enforced disappearances.
  • The United Nation Charter, 1945 also (clearly) calls for treating prisoners with dignity.
  • The Nelson Mandela Rules, 2015 were adopted by the UNGA to treat prisoners with inherent dignity and to prohibit torture and other ill-treatment.

 Issues involved :

• Violates Human Rights and Dignity:
• Undermines Rule of Law:
• Presumption of Guilty:
• Against Professionalism and Integrity:
• Targets Vulnerable Individuals:
• Betrays Legal and Moral Responsibility:

Way Forward

• Enacting comprehensive legislation that explicitly criminalizes custodial torture, 
• ensuring prompt and impartial investigations, 
• Police reforms 
• Oversight mechanisms should be established 
• Civil society and human rights organizations role.

Mains Practice Question

National Human Rights Commission (NHRC) in India can be most effective when its tasks are adequately supported by other mechanisms that ensure the accountability of a government. In light of above observation assess the role of NHRC as an effective complement to the judiciary and other institutions in promoting and protecting human rights standards. (UPSC 2014)

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