Open Access Research Article
A COMPARATIVE STUDY ON CUSTODIAL DEATH IN SOUTHERN AND NORTHERN STATES OF INDIA
Published Paper
Article Details
A COMPARATIVE STUDY ON CUSTODIAL
DEATH IN SOUTHERN AND NORTHERN
STATES OF INDIA
BBA.,LLB.,(Honors)
4th Year
Saveetha
School Of Law
Saveetha
Institute Of Medical And Technical Sciences (Simats) Chennai - 600077
ABSTRACT
The present paper is
about the custodial death which happened within India . Custodial Death is
something which has universal problems and can be considered one of the
cruelest forms of humankind. Custody means under the guardianship, just imagine
the situation where the protector of mankind itself violating the law of human
rights, it is one of the heinous crimes for the entire human kind. Where people
believe that police are meant for their protection and police itself takes
disadvantage of their authority. The research method used in this paper is the
empirical study, then the sampling method used in this study is a convient
sampling method. The total response collected through this survey is 212
samples. The aim of this research paper is to make people understand the
offenses and mistakes made by the judicial officials and bring out the other
side of government which the people normally don't know. By that they may
understand how to overcome the situation of unnatural death. This research
paper about custodial death gives a brief explanation over custodial death and
the problem caused by it to Indian citizens. Custodial deaths are events of the
demise of persons who are detained by police during pretrial or after
conviction. The aim of the study is to make people understand the offenses and
mistakes made by the judicial official and bring out the other side of the
government which the people normally don't know.
KEYWORDS
Police, Death, Human rights, Judicial, Custody and Torture.
INTRODUCTION
The current paper is
about custodial death and gives a concise clarification over custodial death
and the problem brought about by it to Indian residents particularly in
Tamilnadu. Custodial deaths are occasions of the downfall of people who are
confined by police during pretrial or after conviction. Custodial deaths can be
extensively arranged into three kinds - Death in police custody; Death in
judicial custody; and Death in custody of the army or paramilitary force.
Custodial Death is broadly alluded to as death that happens to an under
individual trial or has previously been convicted of a crime. It may very well
be because of natural causes like ailment or may likewise occur due self
destruction, infighting among detainees however in many examples, police
ruthlessness and torment is the purpose for the death. The issue is
exceptionally questionable and muddled. Frequently, the casualties are
tormented before they are captured, for example before they are arrested, which
helps the police advantageously guarantee that these are not occurrences of
custodial violence, and the wounds have occurred before the capture. Some of
the time, before the capture, the casualties are killed by counterfeit
experiences. This is likewise a type of custodial death, which turns out to be exceptionally
difficult to demonstrate. The most fascinating viewpoint is that all proof and
records are with the police, outside proof is not really accessible. This
results in extraordinary trouble in recognizing custodial violence and the
resultant death that happens after it. Custodial deaths are one of the greatest
types of infringement of common freedoms. Case regulation _ Joginder Kumar v.
Province of U.P and others, 1994 The milestone judgment proposed a significant
procedural system which could be demonstrated useful assuming it is carried out
in the right soul. The judgment is significant in the substance that it
perceives the key freedoms and essential basic liberties of the individual and
gives an approach to safeguarding them. Government initiations Section 164(4) of the Code of Criminal
Procedure, 1973 provides for recording and signature of confessions in proper
manner and endorsement of the confession by a magistrate to the effect that it
has been made voluntarily. This right against self-incrimination is in tune
with Article 14(3) (g) of the
International Covenant on Civil and Political Rights which calls on the member
states to ensure that the accused is not compelled to testify against himself
or to confess guilt. Section 348 of
Indian Penal Code, 1860, among others, lays down provisions relating to
wrongful confinement and prohibits such confinement.
For extorting any
confession Protection against Conviction or Enhanced Punishment under Ex-Post
Facto Law: Article 20(1) of the
Constitution of India. Protection against Double Jeopardy: Article 20(2) - Section 163 of the Code of Criminal Procedure, 1973
prohibits the investigating officers from making any inducement, threat or
promise under Section 24 of the Indian Evidence Act (1872) but also prevents
him from forcing any person to make any statement which he would like to make
on his free will. Section 49 of CrPC accords
a list of rights to an arrested person. It is explicitly mentioned there that
the use of force while detaining a person should not be more than it is
necessary to stop them from escaping. Factors affecting are The purposes behind
the ascent in custodial deaths are complex. It is the obligation of the police
to care for the wellbeing and security of a confined individual under custody.
The Human Rights Commission should be educated in something like 24 hours on
account of custodial death and 48 hours in an experience killing. As per the
National Crime Records Bureau (NCRB), there was an increment of 9% from 92 of
every 2016 to 100 out of 2017 in custodial deaths. 2018 jail reports of the
NCRB express that a sum of 1,639 individuals passed on from 'natural causes',
149 from 'unnatural causes', and the rest from 'obscure causes' since a portion
of the states were not enthusiastic about disclosing the subtleties. Comparison
Whoever commits, abets or plots to commit the offense of custodial death or
custodial sexual violence, will be rebuffed with detainment forever and with
fine, which might reach out to Rs. 3 million," it states. Pakistan's
parliament on July 12 passed a bill condemning torment and forestalling
custodial killings by police or other government authorities. The aim of this
research paper is to make people understand the offenses and mistakes made by
the judicial officials and bring out the other side of the government which the
people normally don't know. By that they may understand how to overcome the
situation of unnatural death.
OBJECTIVES
? To make people understand the
offenses and mistakes made by the judicial officials
? To bring out the other side of
government which the people normally don't know.
? To make judicial officials, police
officials, army officials know that people are getting through the idea of
custodial death and it's a violation of human rights.
? To analyze the legislative rules and
regulations which right is more effective and helpful to the public.
REVIEW OF LITERATURE
This article deals with
the custodial death case of Nashik central prison. The Bombay High Court sought
all inquiry documents related to the death of an inmate in the Nashik Central
prison after the court learned that the family members were not intimated about
the death of the victim. Hakim 2021 (J.
Kumar and Kumar 2021). This article deals about the case which brought a
earthquake among the minds of Tamilnadi people. The death of a father and son
due to alleged custodial torture in Sathankulam town near Thoothukudi in Tamil
Nadu has sparked rage across the state. The Tamil Nadu Traders Association
downed shutters across the state. Victims were traders belonging to the Nadar
community, a socially and politically powerful community in southern Tamil
Nadu. Janardhanan 2020 (Verma
and Thockchom 2000). This article deals the graphical analysis of increase
in custodial death.In the last 10 years, the majority (69%) of 1,004 deaths in
police custody have been attributed to either illness and natural causes (40%),
or to alleged suicide (29%), in National Crime Records Bureau data. Bagga and IndiaSpend.com 2020 (Chakraborty
2017). This article refers Deaths in police custody are sometimes controversial
and raise the questions on trust in police because some custodial deaths are
due to not providing proper care at proper time, some deaths are due to
complications of physical torture by police and some deaths remain suspicious. Shakya (2018) (Verma
and Thokchom
1998). This article refers The word custody implies guardianship and protective
care. Even when applied to indicate arrest or incarceration, it does not carry
any sinister symptoms of violence during custody. Preventing torture in custody
and ensuring strict compliance of its guidelines in custodial deaths is one of
the important agendas on the NHRC's list. Jawale
and Bhise (2020)(Hayslip and Glover 2009). This article deals with the case of a
Telangana lawyer couple. The lawyer couple had last year filed a PIL about the
alleged custodial death of a Dalit man, Seelam Rangaiah, who was found hanging
in the toilet of the Manthani police station. (“Telangana: Lawyer Couple, Working on Dalit Man’s Custodial Death
Case, Hacked to Death”). Even applied to advisable arrest or confinement, it
does not carry any ominous symptoms of cruelty during custody. No civilized law
permits custodial cruelty, a brutal trait that leaps out of a preserved desire
to cause harm when there is no probability of any retaliation; a sense of
superiority and physical power over the one who is overpowered or a collective
wrath of hypo censorious thinking. It is one of the worst crimes in our
civilized society. Mom Banerjee (2021) (Miltenberger
et al. 2004). Human Rights constitute the foundation for men and
women to lead a civilized life liberal democracies all over the world have
guaranteed a variety of rights so that their citizens lead a healthy life. In
India, demand for fundamental rights had been voiced during the nationalist
struggle itself. So, after 1947, the Constituent Assembly took upon itself the
responsibility of framing chapters on Fundamental Rights and made it a pivotal
point for the life of its citizens. It was accorded so much importance that all
other provisions and activities came to be either directly or indirectly
influenced by it. Surender Kumar ( 2018)(Mathew 1997). In the
present scenario of the criminal justice system in the country, a constant
debate is going on which usually focuses on the lack of accountability and
professionalization of the organization. India is a country where common law is
followed which stresses the values of rule of law, hence prioritizing the
fundamental rights of people. But in contrast, when we look at the power of the
police, it still appears to be a pre-independence model, resulting in
fragmented and incomplete reforms. Madhavi
Gautam ( 2020)(Kopecká 2020) . A death in
custody is a death of a person in the custody of the police. Custodial violence
is a dark reality in our democratic country governed by the rule of law. They
systematically violate their powers and employ torture as part of their
investigation process but the poor, the deprived classes, women & political
activists are the worst victims of police brutality. The huge pendency of cases
in Indian courts of law and mention the prevalence of 3rd degree as an accepted
form of custodial torture in India. This is sad but that is the true reality of
our country. Manisha Varsani ( 2020)(Vohra
et al. 2016).Police audacity and brutality is not an uncommon
phenomenon. It has caught the attention of the public and the judiciary and
eventually a catena of directions was promulgated by the National Human Rights
Commissions (NHRC), High Courts as well as the Supreme Court of India right
from the ancient era to technological era. Yet, the menace and inhumane
attitude of the police officials have not declined; instead in step ahead. Nirmal Singh Heera, A ( 2021)(Vohra
et al. 2016;
Freeman, Elton, and Lambert South 2022). Atrocities are a specific from of
violence committed by a collectivity or individual on the weaker sections in
general and the scheduled castes and scheduled tribes in particular, in
different parts of the country. Such violence manifests both in the social and
physical forms. From the psychological point of view, it may be part of an
aggressive personality and behavior patterns of a group or an individual, but
sociologically this may have its roots in an equally organized social structure
which may be concretely visible in the various forms of social inequality. M.Subhash (2000) (“EBSCOhost”). Whenever
death occurs in custody, it raises the public interest and attracts media attention.
Not that at each time the
death is due to natural causes or due to inadequate medical facilities or
medical attention and diagnosis, or negligent behavior of authorities or may be
due to physical abuse and torture. Persons held in custody, by police or by
prison authorities, retain their basic constitutional right except for their
right to liberty and a qualified right to privacy. Sinha U.S (2014). Human rights cut across political, social,
ideological and cultural domains.' Human rights are of universal importance as
they are available to the entire humanity irrespective of race, religion,
color, sex or domicile. Violation of basic human rights is universally
condemned, irrespective of cultural differences of Western and Asian countries.
Unlawful arrest or arbitrary detention, torture, rape, racism, ethnic cleansing
and politically motivated disappearances are not tolerated by any faith or
culture, which respects humanity. Ahmad
(2003). The concept of human
rights is as old as human civilization. The Greatest gift of classical and
contemporary human thought and culture to civilization is the notion of human
rights. The concept of human rights has been ever dynamic and constantly keeps
touching new dimensions as each society continues to evolve. That is why there
is hardly any consensus among the scholars about the universal definition of
human rights. M.Soni(2019)(Verma
and Thockchom 2000). No civilized law allows custodial cruelty-an inhuman
trait that springs out of a preserved desire to cause suffering when there is
no possibility of any retaliation; a senseless exhibition of superiority and
physical power over the one who is overpowered or a collective wrath of
hypocritical thinking. It is one of the worst crimes in civilized society.
Torture in custody flouts basic rights of citizens and is an affront to human
dignity. Custodial deaths are perhaps one of the worst crimes in a civilized
society governed by the Rule of Law. There are numerous cases where the police
officers have misused their powers on the people and toyed with their lives. V. Nivedha (2017). The medical
profession is one of great antiquity in India. However, the history of medicine
and, in particular, the role of medicine in the administration of justice in
India has not been discussed very much. The present paper attempts to fill in
this lacuna and traces the medicolegal practice from ancient times to British
India. Mathiharan (2005)(Mathiharan
2005). This Article is emphasized on the custodial torture and their Rights.
Whereas it says that Violence is the center of any criminal justice system and
it is the commencement of its actions. The instigation for this action and its
nourishment are vested as a responsibility with the custodians of law. Torture
is generally characterized as an instrument to impose the will of the strong
over the week by suffering. Police outrages are a normal highlight of the
Indian Situation. Nelson Mandela (2020)(“Home
- The Law Brigade Publishers (India)” 2022). Dalits continue to be oppressed and discriminated
against in villages, in educational institutions, in the job market, and on the
political battlefront, leaving them to struggle against the unjust practices of
exclusion and exploitation. In such a situation the Indian constitution assures
justice, equality, liberty and fraternity so that they remain socially included
in the mainstream of the society. Louis
(2017) Police in the state of Tamil Nadu, India, use a two-tier system in
domestic violence cases. More serious cases, such as dowry deaths and murders
resulting from domestic disputes, are registered in the First Information
Report for official police investigation and filing of charges. All other
domestic violence cases are initially registered in a register called Community
Service Register before further investigation. Sesha kethineni (2009) Police force is not only an integral part of
democracy but is vested with power, duty and responsibility to look after
security and safety, of 'we the people', and to maintain peace and order. The
unfortunate reality is that the violations of these vested duties have been
going on by the same authority. The concept of 'rakshak' becoming 'bhakshak'
has already been proved true in this nation. Abhijeet Kumar (2014)(A. Kumar
2014).
METHODOLOGY
The researcher used an empirical
study. The method for collecting samples is a convenient sample. Primary
sources such as questionnaires and surveys are used for this research.
Secondary sources such as books, articles and journals were referred for the
study. A total of 212 samples were collected from various sources. The
researcher obtained the sample utilizing an online through Google form samples
are convenient samples. Age, gender, and educational qualifications are the
independent factors in this study. The dependent variables are political
interference on custodial death, legislative rules, government initiatives.
HYPOTHESIS:
Null hypothesis:
There is no significant relationship
between the educational qualification of the respondents and their opinion on
the political interference involved in custodial death.
Alternative hypothesis:
There is a significant relationship
between the educational qualification of the respondents and their opinion on
the political interference involved in custodial death.
ANALYSIS:
FIGURE 1
Legend:
Figure 1 shows the age distribution
of the sample population in India.
FIGURE 2
Legend :
Figure 2 shows the gender
distribution of the sample population in India.
FIGURE 3
Legend:
Figure 3 = Represents the age wise
distribution and the opinion towards the do you think that custodial death is
an abuse of human rights.
FIGURE 4
Legend:
Figure 4 = Represents the gender of
distribution and the opinion towards do you think that the political
interference involved in custodial death.
FIGURE 5
Legend :
Figure 5 = Represents the
educational qualifications and the opinion towards the according to you, under
the legislative rules and regulations which rights is more effective and
helpful to the public .
FIGURE 6
Legend:
Figure 6 = Represents the
marital status and the opinion towards that it is responsibility to ensure that
the standards to protect people against torture within the framework of their
own legal system .
FIGURE 7
Legend:
Figure 7 = Represents the occupation
of respondents and the opinion towards the on the whole scale 1 to 10 how far
the government rules and regulations are effective in custodial death.
FIGURE 8
Legend:
Figure 8 = Represents the age - wise
distribution and the opinion towards the on the whole scale 1 to 10 how far the
government rules and regulations are effective in custodial death.
FIGURE 9
Legend:
Figure 9 = Represents the
gender of distribution and the opinion towards it is responsibility to ensure
that the standards to protect people against torture within the framework of
their own legal system.
FIGURE 10
Legend:
Figure 10 = Represents the
educational qualifications and the opinion towards the political interference
involved in the custodial death.
FIGURE 11
Legend :
Figure 11 = Represents the marital
status and the opinion towards the political interference involved in custodial
death .
CHI SQUARE
TABLE - 1
Legend:
Table 1 represents the age wise
distribution and the opinion towards the political interference involved in
custodial death the p value is greater than 0.01.
RESULT
The respondents belonging
to the age of distribution the age group below 18 years have shown the higher preference
of 41.67% of respondents and the age group 18 to 25 years have shown the 32.84%
of the sample population ( fig 1).
The respondents belonging to the gender distribution the male have a higher
preference of 61.27% of opinion and the female have shown 38.73% of opinion
towards the sample population ( fig 2
). Respondents belonging to the age group 18 - 25 years have shown the higher
preference of 41.04% on Yes, and the above 36 years have shown 22.17% on Yes
towards the do you think that custodial death is an abuse of human rights ( fig 3 ). Respondents belonging to the
gender distribution the females have shown the higher preference of 46.70% of
agree respondents towards the political interference involved in custodial
death ( fig 4) .The respondents
belonging to the educational qualifications the higher secondary school have
shown the higher preference of 26.42% on right to know the grounds of arrest
towards the according to you, under the legislative rules and regulations which
rights is more effective and helpful to the public ( fig 5). The respondents belonging to the marital status the married
people have shown 26.42% on strongly agree towards it is responsibility to
ensure that the standards to protect people against torture within the
framework of their own legal system ( fig
6). Respondents belonging to the occupation of distribution in the public
sector have shown 26.47% of higher preference on the ratings scale on 2 towards
on the whole scale 1 to 10 how far the government rules and regulations are
effective in custodial death ( fig 7
). The respondents belonging to the age group, 18 to 25 years, have shown the
26.42% on scale ratings 7 towards the on the whole scale 1 to 10 how far the
government rules and regulations are effective in custodial death ( fig 8). Respondents belonging to the
gender of distribution the female have shown higher preference of 25.47% on
strongly agree ( fig 9). The
respondents belonging to the educational qualifications the higher secondary
school have shown the 26.47% on disagree and the postgraduate have shown 22.17%
on agree towards the political interference involved in the custodial death ( fig10 ). Respondents belonging to
marital status the married people have
shown the higher preference 26.42% on agree respondents and the
unmarried people have shown the 20.28% on agree towards the political
interference involved in custodial death ( fig
11 ). Table 1 represents the age wise distribution and the opinion towards
the political interference involved in custodial death the p value is greater
than 0.01 thus the null hypothesis gets rejected (table 1).
DISCUSSION
Majority of respondents
belonging to the age of distribution the age group below 18 years have shown
the higher preference of respondents and the age group 18 to 25 years have
shown the of the sample population (fig
1). The majority of respondents are male higher preference of 61.27% of
opinion and the female have shown an opinion towards the sample population (fig 2). Respondents belonging to the
age group 18 - 25 years have shown the higher preference of on Yes, and the
above 36 years have shown on yes Custodial death is considered to be the
cruelest form of human right violation. It is forbidden by the Constitution of
India, the Supreme Court, the National Human Rights Commission (NHRC), and the
United Nations. But police keep on defying them., towards the do you think that
custodial death is an abuse of human rights (fig 3). Respondents belonging to the gender distribution the
females have shown the higher preference on agree respondents when compared to
male respondents the male have shown that strongly agree, the political
interference is also the major reason of the custodial death were happening in
the society towards the political interference involved in custodial death (fig 4) .The respondents belonging to
the educational qualifications the higher secondary school have shown the
higher preference and the undergraduate students have stated on same rights on
right to know the grounds of arrest , the rights is mandatory to all the people
towards the according to you, under the legislative rules and regulations which
rights is more effective and helpful to the public (fig 5). The respondents belonging to the marital status the married
people have shown on strongly agree and the few of the respondents agreed, the
government have to take more steps to protect the people against the torture
towards it is responsibility to ensure that the standards to protect people
against torture within the framework of their own legal system (fig 6). Respondents belonging to the
occupation of distribution in the public sector have shown of higher preference
on the ratings scale on 2 and the self-employment have shown on the ratings of
same 2 and the others of common public were stated on the scale ratings 8
towards on the whole scale 1 to 10 how far the government rules and regulations
are effective in custodial death (fig 7).
The respondents belonging to the age group, 18 to 25 years have shown the on
scale ratings 7, and the 26 to 35 years have shown the on the ratings scale of
the same 7 and their responses are given by age category.
The above 36 years have
shown that on 8 they are feeling that rules and regulations must to be
effective the government laws towards on the whole scale 1 to 10 how far the
government rules and regulations are effective in custodial death (fig 8). Respondents belonging to the
gender of distribution the female have shown higher preference of on strongly
agree and agree respondents and the male have shown the on disagree and few
respondents strongly agree, the
government has the responsibility to protect against the torture towards the it
is responsibility to ensure that the standards to protect people against torture
within the framework of their own legal system ( fig 9 ). The respondents belonging to the educational
qualifications the higher secondary school have shown on disagree and the
postgraduate have shown on agree , some of them are disagree but some of them
are agreed the statement in the not all the cases the political interference
involved but there is an cases also towards the political interference involved
in the custodial death ( fig 10 ).
Respondents belonging to marital status the married people have shown the
higher preference on agree respondents and few respondents strongly agree and
the unmarried people have shown the on agree into the most of the cases that
political interference involved more explosion in the custodial death in the
police station towards the political interference involved in custodial death (
fig 11 ).
CONCLUSION
The solution to the
problem of custodial deaths as such lies in measures to prevent custodial
torture, in fact, such violence itself, and reduce the number of custodial
deaths to the extent possible in other circumstances by evolving efficient
systems and procedure for prompt and adequate medical aid, where required, and
reasonable preventive measures against accidents and suicide. It would also be
necessary to put such deaths in proper perspective to change the current public
perspective. The various suggestions can be made to prevent deaths or violence
in the custody- The solution to the problem of custodial deaths as such lies in
measures to prevent custodial torture, in fact, such violence itself, and
reduce the number of custodial deaths to the extent possible in other
circumstances by evolving efficient systems and procedure for prompt and
adequate medical aid, where required, and reasonable preventive measures
against accidents and suicide. A separate offense provision should be made by
amending Section 302 of the Indian Penal Code regarding treatment of custodial
death as murder. The medical facilities should be provided in jails so that in
case of emergency proper and timely medical help could be provided to the
persons in the jail custody. The counsel should be allowed to be present during
interrogation to check the custodial violence by the investigating officer. The
compensation in case of custodial deaths should be a State responsibility. The State
Government in turn can recover the amount of compensation from the offenders.
For implementing this, a separate Tribunal/Board should be set up at the
District level.
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Issue 3, Apr - May 2017; 29-38© IASET. HUMAN RIGHTS VIOLATIONS AGAINST DALITS
AND SOCIAL WORK INTERVENTIONS FOR SOCIAL INCLUSION IN KANCHEEPURAM DISTRICT, TAMIL NADUhttps://www.academia.edu/download/52811800/3._IJHSS_-_HUMAN_RIGHTS_
VIOLATIONS_AGAINST_DALITS_AND_SOCIAL_WORK_INTERVENTIONS_FO R_SOCIAL.pdf
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Cases in Tamil Nadu, India , Sesha Kethineni, Murugesan Srinivasan First
Published May 1, 2009 Research Articles, https://doi.org/10.1177/1043986209333591
20. Crime Beneath the Rule of Law 17
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[1] Student
of Saveetha School of Law, Saveetha
Institute of Medical and Technical Sciences (SIMATS), Email id:honeharnhari03@gmail.com, contact no: 9042299114.
Article Information
A COMPARATIVE STUDY ON CUSTODIAL DEATH IN SOUTHERN AND NORTHERN STATES OF INDIA
Authors: HARINI M
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/03/09
- Issue 7
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International Journal for Legal Research and Analysis
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