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Custodial Bloodshed In Indian Jails

Custodial violence is basically the mis-use of the power by the police officer as their tendency to fast tract solving of the cases at the earliest and the power which make them authoritative person in the society who have power to arrest under the law. Custodial violence in India is emerging now of the upfront levels in news paper, legal news, to judiciary, human rights commission, etc. earlier is was not like this it was very hard and difficult to know what happened to the person in the police custody or judicial custody,due to enabling laws and the recent development the awareness in people and support of [HRCI} has led the sense of support and sprite in the victims.

Custodial violence is the illegal force by the police authority or jail authority on the convict which turned out to be very burial and senseless such as torture, sodomized, ill treatment, cruel and unusual punishments etc., which lead to the physiological violence to the victim. It is in turn lead to deep and unfortunate impact on the personality of the convict,the use of such force and hardship faced by the convict led to even more crime and hater in the society on the release of the convict. The system in the custody is more complex and uneconomical as it seems.

The obligatory way of keeping convict in jails should more be take care keeping in mind the mental conditions of the convict and to provide them more concern as given in hospitals and shelter homes, give more concern to the psychological therapy. Also providing them hand skills in the jail so that they could after completing sentence could work and survive their means.

The root cause of this unrest in society have been deeply submerged in our culture and history from the times of Mughals and post-independence and after independence and role played by the Britishers. The recent laws in Indian including constitution of India,measure which needed to made enforce by the honorable supreme court, and the recent case laws for covering the same.

Statement Of A Problem

Custodial violence

This is the type of the violence which does not have any definite definition under Indian legal system, and have been present from our deep and dark history but earlier as in Mughal, British and post-independence period we hardly have any right for our self and if was while independence we came across most brutal and ill-treated cases of convict violence as this was only tacked with the British to suppress the uprising and maintaining their rule and tenuity on India.

But this custodial violence exist even before them was in the times of Mughals, while they controlled all over India main and feared content was them being very horrified and brutal they use multiple source and methods to curve out truth from the convict which are now given name as custodial violence early at that time convict have no rights and no claims to be plead. while using this method even some times or more of the time lead to death of the Types of Custodial Violence torture Harassment sexual violence ill-treatment Physiological violence on convicts.

So this evidently gave us emphases that even in our legal system have failed to give any decent definition of it but custodial violence has been present in our society from the long time now, while in the post independence period the throwing of all the political leader in the 4 jail made our government and the legal system aware that the power which is given to the police can be easily mis-used and abused by them.

So after taking under consideration by superior courts of the country and hearing many cases of custodial violence in the country the court have made many ruling and given landmark measure and judgment to curb the problem form the country, but before that we need to actually understand and take consideration of what is exactly custodial violence in brief.

Custodial violence types

There are many type of custodial violence which non of us have ever heard of causing death are the most commons ones form past many years now some of them are:

  • Physiological harm: This the violence and the pain in which the confidence and the moral of the convict are teared apart to make them feel guilty and some time also to make them kill them self or pity on there own self this is usually done by the communication method as given them errored information more about the people they were so connected with or about there love ones or manipulating them for convict them self's for the crime in the trials which they haven't done.
  • Also by forcing or coercing the convict compelling to do activities which are morally wrong or he /she usually is unwillingly doing such as asking vegetarian to eat chicken which is actually against his culture taboos.
  • Other way is forcing or compelling one convict to torture or harass the other convict.
  • Deprivation of the convict from the basic necessary needs or things such as toilet, water, food, sleep, not given a person the basic subsistence of life then how it could be possibly be that such person wanted to live life under this circumstances.
  • Usage of medicine this are called the pharmacological methods such as drugs to keep the convict um conscious and torture them.
  • Giving threats to the persons who are the family member of the loves ones of the convicts.
  • Physical harm
    This is the one of the most disusing and brutal violence of this all and under this several methods are adopted to hurt the convicts. Some of this are hurting so badly that it leave marks on the body or causing such harsh and brutal hurt that the person is disfigured
  • Hurting the convict so much that he / she feels like they will die or have immediate death fear.
  • Also in include the forcing of the victim this could be many things such giving food other damped floor, making the convict sleep in the damped floor so that he could get cold and hurt his back indirect form of pain and hurt will cause.
  • Not giving cloths to the convicts in the hottest and coldest weather of the year of if giving not letting the wear those so that they could stay naked indirect forcing them to stay naked and shamed in between all the convicts.
  • Making marks on the body of the convict such as cutting their body parts, things so that they could see and remind them the pain and the build fear in them. using substances which could cause direct pain to the convict such as chili powder and table salts, etc.
  • Sexual harm :- it is the ancient source of violence which is done in the jails and custody and using their body's for sexual manifestations and abusing early many women who were arrested by the police officer use be played sexually by the authority's in the name of person and custody they rape and molest women.
  • For men this the case is different as the convict been in confinement from the long time this make them needy and due to which they perform sodomy with them.
  •  This kinds of sexual use and using the body of the convict is done only an urge and completing there own thrust and depict how a person can be distorted in the pieces after getting the in hands of the law and order or under custody.
  • Torture types :- this is method applied usually by the police authority and the agencies and on such people who are punishable under TADA acts and etc. Under this include various torture and other means of hurting [person so that he or she could accept his or her crime and also to curve out information which would be necessary be used while planning of plotting against the government. • Hurting on the sensitive parts of the body such as testicles, head etc.
  • Hurting with the things such and belts, bats, feet, fist etc.
  • Hurting with gun butts.
  • Not providing medical attention
  • Using live electric wires in body parts
  • Using means to suffocate or to stop the beating of the convict
  • Using metal instrument usually edge which could cause cuts on the body
  • Forms of ill-treatment:
    this are the certain attack which lads to the death of the convict in the usual ways such as using of the means of burning the person alive. giving electrocuted currents, mocking the convict again and again by one or the other topic in which he /she is intensively involved, some of the common of the treatment are the raping the convict of 66 Code of criminal procedure bare act 1974.

Protection under Indian Constitution

Article 21
The maker of the Indian constitution had the vast experience of the custodial violence which they have been facing since independence and have knowledge that the powerful authoritative people misuse their power to cause suppression this was the reason and the intention of the constitution makers to curb this problem so for the same they have made specific articles which could grantee the citizen of the India some authoritative rights.

This protection under the Indian constitution is the intense and the most valid in general life of the human being taking under consideration Article 20 of the Indian constitution which stipulate protection in respect of the conviction for offences:

  1. no one should be convicted for any offence except for the violation of the legal enforcement at the time being in the force or doing an act which act as offence punishable under the law.
  2. no person who have committed an offence or have been prosecuted once should not be punished for the same offence again or twice.
  3. No person who have committed any offence or has been charged for the offence should not be forced to be witness against the said committed crime.

Given before this three clauses are so interconnect they might deal with the different sects but are at the end of the day but are working under same thread dealing with the criminal justice system any of the criminal jurisprudence which include evidences, procedural and substantive which could not overwhelm the convict.

This article is considered to be judicious, fair-minded and rational in the nature. this are widely procedure which is applicable in criminal process of conviction this section 21 is also consider as the safeguard against the torture and all forms of custodial violence. This is also considered as no human being should be destitute of the life and the private freedom except according to the rule and regulation of the law of the time being in force.

This article also played important means of the restrictions and measures under which even the people under the authority can't not take this rights away from the person this include the element of torture is illegal and violation, going beyond the courts order, also all the things and the means which are used by the authority for the convict violence is amounting to the human degradation will be consider void and illegal and un-constitution at large and such activities is punishable on the ground level on the police officer or the member of the law who all the violently or in – violently involve in such activities. due to which many petition has been filled under the Honorable supreme court hearing such cases which involve such abuse of power and infrastructure of the justice system in India.

Honorable supreme court while hearing the related case laws have some across a conclusive conclusion that such activities are the clear violation of article 14 and 21 of Indian constitution also the court have made pretty much cleared while giving land mark judgments the liability of the state who is appointing the said culprit officers led to the liability of the state to pay the compensation for pain and mental ace of his/her family.

Article 22
This it the main and the conclusive of the all-time safe guard provided under Indian constitution mainly on the arrest of the person or detention under the certain cases, that include the people who's are detained should be informed as soon as possible and the arrest shall not be denied the right to consult and to be defendant by the lawyer of their own choice of own wish under this the person should also be informed about the charges which are made against the arrestee, every person who is arrested and detained in the custody of the police or the judicial custody's should be bought before the magistrate with in the 24 hours from the time of being arrested excluding the time taken for the journey.

This article have some what made it cleared for the police officer and the rights is the person arrest with or with out warrant the said procedure are mentioned under the code of criminal procedure under section 40 -60 right of arrested person.

Article 32
This is also one of the important and the mostly backbone of the Indian constitution and the free and fair access to the supreme court of India, this article have made it somewhat possible for the victims to be head fast and less effective SC even consider a mere letter stating the facts of the offence and violation of the rights of the victims as the write petition this ways the pain and the longer paper work which is tiring and time consuming is reduced and the matter are given grave and more importance in cases where there is violation.

Under this article right is given to the citizen of Indian that they can move there petition directly to the supreme court for the proceeding by the part which is guaranteed, the supreme court have power to issue directions or orders or writs including write like mandamus, prohibition, quo-warranto and certiraro this are the main contemplate of the Indians constitution and also played a 9 role of back bone of Indian legal system.

Protection under the Code of Criminal Procedure 1973

As the name depicts this code is made for the procedure which need to take under by the police officers and the person rights while getting arrested so for the same this is very important act as it provide a brief about the law and order and the power under which a police officer can arrest a person under the set of crimes are given in the schedule, this gives a good reference to the common people so that they would understand when police persons are needed to be polices and when they are violating the law and are involved in illegal activities Some of the section I would like to mention which can give brief. S49- under this section there is provided that a person who is getting arrested or is under arrest would not be subjected to the uneasily and illogical restraint or force until necessary till preventing the escape of the convict.

under this section that police authorities cannot keep the arrest person with themselves for longer time without warrant or order so to the same they can not keep the person in custody not exceeding 24 hours,so they have to present the person to the magistrate And this provision is considered as mandatory.

under this section the persons when arrested without warrant is presented before the magistrates, and the magistrate make an inquiry from the arrested person regarding the arrest that the arrested in made taking under consideration of s-57,56 and also recording the time and duration of the arrest.

under this section this controls on the police officer are made that no person, in authority should make any threat or promise as mentioned in this section 24 of the INDIAN EVIDENCE Act, 1872. But no person should prevent the investigation under the section any statement made by the arrestee with the free consent and with out any implied force or torture shall be taken in to consideration.

under this section more importance under the criminal trial is given to the confession and the way it should be taken in to the consideration and should be recorded in the prescribed manner which is mentioned in this section and the magistrate is also given a procedure which he /she is need to follow while recording the confession made by the arrestee, and the police authority shall make it clear that this can be used against them in the court proceeding, and should be read by the authority.

Protection under Indian Penal Code, 1860
This code is the compilation of the punishments for the common people and some for the people in authority this is a uniform method of describing every offence and the punishment on hurt on human body in custody and otherwise as well, this code is far more important and technical in nature as is describe the grave and element of crime so that if could be equally possible for the person to understand the difference between the crime and its variations and constituting the cat in the manner which can depicts the crime.

under this section any person in the public authority doing anything against the normal conduct which they should be following and causing harm or noncompliance with the law shall be punishable with imprisonment for the duration of one year or fine or some times both, this also cover the pain and hurt illegally on the mentality, property, family, reputation of the person.

under this section more emphases given on the false charges by the persons in authority who all are causing hurt or pain due to this dishonest charge this section punished such persons doing such things.

under this section the person in authority is arresting the persons with false charges, knowing the same he is doing to against the law, this happen usually in the cases where powerful personality pay token of money to the persons in authority for doing such illegal and illicit detentions or charging them, hence in such cases the police officer or the persons in authority are liable for the punishment. S330- under this section specially looking to causing hurt to extort a confession or information thought illegal means such as torture is punishable

S340-348 –
under this section the emphases if given more to the wrongful confinements and force in which person in no authority is taking under the consideration.

this section deal with the rape committed by the public authority such as police officers, hospital staff etc.

S 376B-376D-
under this section the public servant who are doing conviction violence such as rape and ill-treatment with the women in custody by the persons of jail authority such as jailer, in remand houses, sexual activities by any of the manager or staff member of the hospital and jail. There are many other safeguard sections and acts which are not yet described above some of them under-
• Indian Evidence Act 1872,
• Indian Police Act,1861,
• Armed Forces Act, 1958,
• Human Rights Act, 1993

National Human Rights Commission India Role

This is very prestigious and leading commission of in India which help and detect any unfortunate and misuse of the law which could directly or indirectly infringe the rights of the individual which are guarantee by the constitution this also work as the check and balancing the ground level check on the authoritative system such as jails, remand homes etc. This commission is authorised to do so due to the collaboration with penal reforms and justice administration.

The working of this commission is deep and intense as person can directly complain under this commission for any torture or hurt undergone after the arrest and this commission have power to investigate the same this is also consider as the monetary body which keep record of the death and violence in the police custody with the help of the forensic scientific means.

After an over all analysis statistics by the commission on the crime against the children, women and minorities they came closed to the reasonable and importance of taking into consideration the monitoring system on the conduct of the authority and have recommended the separation of the duties in between the police department and the jail departments and regular shuffling of persons in authority so that there could be less brutality by the authority.

They have also came across the measuring the why the violence is taking place and psychological factors of the co convicts, also methods for speedy disposal of the cases so that the convicts against whom the crime is nit constituted should be freed as soon as possible and should not undergo the un necessary torture and treatment. This commission also come across that recently from past like 25 years more of the cases under the prison are under slow trial.

what is the cause of the custodial violence in India?

  • Custodial death - 09 cases
  • Custodial death judicial - 201 cases
  • Death in police encounter -13 cases
  • Bonded labor -155 cases

The policing system in India have been domed from ages and have functioned as the principle for the law implementation agency of the state, in the early and medieval periods of the civilized society and the police officers were working under rulers and the basic concept of the rule was the following the dharma and while doing the given Dandha or punishment were the main official this was necessary for the controlling the people and causing fear in them so that they could sense the fear and never would try to do any wrong which us against the kind or the regime. mostly the people of the villagers with lands and pasture with the head of the village called sarpanch, him and some member of the village were constituting the punishments for the crime.

All the matters of the villages maternal, civil, criminal are taken under control by the member selected by the villages of the state and then send to the police officer. And today in spite of so many laws and commission still our legal system is not able to get away from such violation activity even now people are literate and carrying knowledge due to which the cases are highlighted and people now have become aware about their rights and duties as citizen of the country how they can call upon them.

Justice system is making law so that the policing and the all the people which are given authority under the system cant misused and abuse them The main and the basic causes of the custodial violence are such as:

  • Pressure – the police system in India is trying it self to be effective and harsh due to the limit resources and less number of police officer are recruited due to which there is informal way pressure builder up on the police officer and the no of population and high crime rate made it more impossible and increased the hardship of the police officers at large and the less. This make them more unrest and violation and also increase the corruption also the criminals have deep roots with the politicians due to which they have strong connection in the society and can easy tamper with the police officers.
  • High profile criminals – now days the criminals are so highly facilitated and cunning even mere then the police officers, they are well trained and used more welly equipped weapons and technology which one way or other made harder for the police officer to coup up with, this create a sense of insecurity and ultra-ego hurting on the police officers due to which when they can finally get the criminal arrested or in their hands they loose there temper and control and end up killing them in custody.
  • Pressure is built also due to less of the paper work as they have to work on the ground levelly and daily basis dealing with crime with the same they have gave more impasse on the collecting of evidence which lead to the torture while collecting confessions from the convict.
  • Thrust of money – who don't like money every on wants to be rich and when it is possible easily people usually fall for it and the best way out is by brutally harassing or torturing the person in custody and extracting the money from the family member of convict.

    There are many recent cases have been filled by the family member of convict for the safety inside the jail.
  • Disciplinary - there are many police officer who thinking implied that with out punitive punishments no person can be in order due to which they use third degree with the criminals under custody so that in future they could fear the sense of doing wrong and will never again repeat the same offence.
  • Absence of training – the lack in the training is the foremost reason for such torture and ill treatment the constables, gore committee on police training 1972 was made to under go training programs for the officials before joining so that they could not misuse there power
  • Other means -there can be may psychological and satisfactory mental illness which a police officer might have such as weaknesses, sadist personality, affection, emotion lacking, detachments, attachments going through the same experience.
  • Social revenge – such as greed for the use of violence and same pain which the convict have done and avenging the same by any means as possible.
  • Political influence – many of the time there is hand and support of the political power behind the crime and they don't want there name to be spilled out so they pay the police officer to torture and cause pain to the convict.
  • The feeling of authoritative power – the power which the state have given to them they consider it is having no limitations.

Effects of the custodial violence on the society and convicts

This custodial violence adversely effected the people and the family of the convicts, it is difficult to understand that after knowing the situation and all the pain the person is going through in jail the member of the family could survive and at the end of the day they have nothing in there control which could be done.

Not only the family suffer but also the mental conditioning of the convict is detoxed this is the reason why the criminals who are to tortured a lot tend to do more crime after compelling their sentence and this is also the reason for the increase of the crime rate in India, when they had survived all the pain the at the end hardly any thing fears them.

The relationship of public and police also changes when they came e across such things as this tend to decline the trust on the police officers as they work from stopping the crime they themselves are doing crime which is lately given bad influence on the legal system and the policing system of the country. Jailers and all the member in the authority have direct and indirect influence on the convict not on the mental level but also on the personal thinking of the convict.

Data Analysis
Factors which affect the convict under custody with statistics The role of the co convict is huge one as in the duration of the sentence they are surrounded by the people who have done different sets of crimes so they develop a way in shaping the mentality of the convict and also influence them as they are now new peers to the convict. There are many factors which effect the convict In the jail system which determine many alternative factors for them.

Some of them have described in detail below:

  • Age of the convicts – the age of the co convict also determine the nature and the form of the torture which co convict can inflict on the person, the age also determines the factor of the environment in the jail as to all the convict they have there co convict as a guide and friend. Capacity And Population of Tihar jail on 31.12.2019 Central jail no 1 jails
    • total capacity = 565
    • population = 2224
      central jail no 2 jails
    • total capacity =455
    • population = 806 all central jails total
    • total capacity = 10026
    • population =17534

The above figure 5 depicts the over crowd nature of jails in the Indian jails

Secondary Data
Some important leading judgement
The bench mark judgments passed by the supreme court for under taking the custodial violence cases and the measure and the instruction which needed to be followed by every police authority who under the law is taking into consideration.

Cases Joginder Singh v. state of U.P (Joginder Kumar vs State Of U.P on 25 April, 1994 Equivalent citations: 1994 AIR 1349, 1994 SCC (4) 260

Under this case the supreme court cleared that the arrest can not be made on mere allegations of offence against any person or in routine manner as the constitutional rights of a person mandate that he can not be arrested on simple suspicion of complexities in offence. capacity And Population of tihar jail on 31.12.2019 central jail no 1 jails

  • total capacity = 565
  • population = 2224 central jail no 2 jails
  • total capacity =455
  • population = 806
    all central jails total capacity = 10026
  • population =17534

Christen community welfare council vs. state of Maharashtra (1994)

Christian Community Welfare... vs Government Of Maharashtra And... on 26 August, 1994 In this case the person was arrested and died in the police custody and the wife of the deceased was also locked down in the lock up room of the police station and was molested by the police officer and was informed about the death of her husband, after the above incident she was then represented by the christen community welfare council.

The judgment given by the Sc was that all the 10 police officer who all were involved in 18th said incident was liable for the punishment under the Indian penal code under section 1932, 302, 343, 354. and direct the state government to pay compensation to the wife of the diseased The state government after the above case directed some guidelines which needed to be restricted followed:

  • Instructions to all the police officer after arresting and before detainee is taken to the magistrate he should be medically examined.
  • Detailed of his /her medical examination.
  • Detail of his / her medical report in station house diary of police station and should be forward to the magistrate
  • Even after the police remand by the magistrate the detainee shall be medically examine after every 3rs day pf the custody
  • In the time of arrest medically should be done and if he is carrying any major and minor injuries should be recorder in the ‘inspection memos'
  • The female arrestee shall not be arrested after the sun rest and before the sun shine and if arrested is necessity should be done by the female constable.

D.K Basu v. state of west Bengal (1997)

Under this case the chief justice of India had written letter informing about the lock up custodial death and supreme court consider the letter as the petition.

  • Guidelines with regard to all type of the arrest and detention.
  • The court observe despite the several rules and regulation and laws aimed at providing safeguard there have been several instance of torture still carried on
  • The court cited the existence of custodial death and regarded it to be one of the worst crime in civilized society to be governed by the rule of law.
  • The court issue 11 guide lines
  • The police person carrying out the arrest and handling the interrogation should make clear and visible identification of the name tags with the designations and the particulars who are handling the interrogation should be recorded personal attendance on register.
  • The police officer carrying the arrest should prepare a memo and shall be attested by witness of the family or any member of the locality.
  • The time, place of the arrest and the venue of the custody of an arrestee must be notified to the family, relative or if the arrest live out side the district to the legal aid cell of the district with the 8 to 12 hours after the arrest.
  • The persons arrested must be fully acknowledge the right to inform someone about there arrest or detention as soon he is put under arrest or is detained.
  • There must have made an entry in the case diary of the police station regarding the name of the nest friend of the person who has been informed of the arrest, whose custody the arrestee is.
  • The arrestee should be examined while making arrest medically his body parts for any minor or major injury.
  • Copy's of all the above said and other should be attached and sender to the magistrate for his record.
  • The arrestee may be permitted to meet his lawyer during the interrogation or through out the interrogation.
  • A police control room should be in all district's and state head quarters inform regarding the arrest ad the place of the custody of the arrested shall be communicated by the police officer causing the arrest with in 12 hours of effecting the arrest and at the police control room board, it should be displayed on the display board.

Custodial violence is the most brutal and illegal of all violence in the legal history of all which id done by the highly educated and trained persons in authority of law, the law which is made to safeguard the common people and those whom implement them on the ground level by doing such activist become the one who are the cause of crime in the society. this custodial violence also hurt the mental conditioning of the society and shifted their trust from peace keeper to pain spreader.

Even though the legal system of India had made attempt y making so many rules and regulation to curb the problem but there is more formal and strict rule yet are needed to be made. And lack of training, low enthusiasm and rights of the citizen needed to be undertook seriously by the person in authority and more harsh punishment are needed, there is also need for the free mental aid to all the member of the services so that the acts can taken under consideration and such important duty's wont be given to such police officers.

Re- shuffling of the duty are also important this way the police officers wont considered there power as authoritative and with out limits and maintaining are regular supervision on such places like jails, remand homes, hospitals. so that any of such instance could be stickily taken in considerations.

Award Winning Article is Written By: Ms.Ginit Pal Kaur Bal, 4th Year - Amity Law School

Awarded certificate of Excellence
Authentication No: SP025625662808-12-920

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