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UNCOVERING THE DARK REALITY: EXPLORING CUSTODIAL DEATHS AND POLICE BRUTALITY
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UNCOVERING THE DARK REALITY:
EXPLORING CUSTODIAL DEATHS AND POLICE BRUTALITY
AUTHORED BY - SOUMYA JENA
ABSTRACT:
Custodial fatalities and police
violence are serious human rights breaches that raise serious questions about
how law enforcement functions and is held accountable. A brief summary of the
problem is given in this abstract, along with an examination of its sources,
effects, and possible remedies. Police brutality is the term used when law
enforcement personnel use excessive or arbitrary amounts of force on people who
are in their custody, causing bodily pain, injury, or death. Custodial
fatalities are when someone pass away while in the care of the law enforcement
or in a prison, which raises concerns about the surroundings, care, and
surveillance of detainees. These occurrences damage the public's confidence in
the system of justice and have a broad impact on the victims, their relatives,
and the community at large. It looks at systemic problems such institutional
racism, poor training, and a shortage of mechanisms for accountability as well
as the root causes of police violence and deaths in custody. It goes into
detail on the effects, which include a loss of trust in the community, an
uptick in turmoil in society, and the continuation of an upward trend of
violence and terror. Additionally, it draws attention to the disproportionate
effect that these problems have on marginalized populations, where people may
experience greater vulnerability and prejudice.
Several options can be taken into
consideration to alleviate police brutality and fatalities in custody. In order
to decrease instances of excessive force, police training programme should be
strengthened to place a stronger emphasis on de-escalation tactics, empathy for
culture, and the preservation of human rights.
Law enforcement personnel can be held accountable for their acts by establishing
strong accountability procedures, such as independent monitoring organizations
and open internal investigations. In addition, encouraging community
involvement and communication between law enforcement and people can help to
restore confidence and develop collaboration. Significant human rights breaches
like police brutality and fatalities in custody necessitate immediate attention
and action. Societies may seek to create a judicial system that honour and
safeguards the fundamental liberties and worth of all people by addressing the
underlying causes, enacting thorough reforms, and fostering accountability and
openness.
INTRODUCTION:
Every person has their doubts about
democracy with the incidence of custodial killings in the biggest democracy in
the world. The need for the upholding of fundamental liberties is growing on a
global scale.
India's Constitution and legislation
are permeated with a persistent concern for basic freedoms and human rights in
general, as well as the rights of those indicted and even the convicted in
particular. Human dignity and the welfare of all humanity have always been
integral components of the cultural environment of our historical Indian
culture. Cruel, primitive, and inhumane penalties were completely unheard of in
our society. It is crucial to understand that human rights practise must grow
and flourish from the cultural foundations of the land rather than being
imposed. Police brutality and deaths in custody are two interrelated topics
that have drawn a lot of attention and concern internationally. When someone
passes away tragically and unexpectedly while in the care, control, or custody
of judicial or correctional officials, it is referred to as a "custodial
death." It includes fatalities that happen while people are being detained
by the police, in jails, prisons, or other detention facilities, or while they
are being arrested or detained.
Police brutality, on the other hand,
alludes to the unwarranted or unjustifiable use of brutality, coercion, or
abuse of people by law enforcement personnel.
Widespread public uproar and calls for accountability, justice, and
structural reform have been spurred by these problems. The bleak reality and
structural problems in the criminal justice system have been made public
through high-profile cases and incidences of fatalities in custody and police
violence.
Beyond specific tragedies, the
effects of incarceration mortality and police violence are widespread. They
worsen social tensions, weaken community and law enforcement confidence, and
raise major questions about fairness, equality before the law, and human rights
breaches. Comprehensive investigations, legal actions, legislative changes, and
lobbying for greater enforcement education, accountability, and openness are
all part of efforts to address custodial fatalities and police brutality. These
problems underline the necessity for a just and equitable framework that
upholds law enforcement organizations' obligations to serve and safeguard the
neighbourhood they serve while respecting and defending the rights and human
decency of all people.
UNDERSTANDING CUSTODIAL DEATHS:
The term "custodial death"
describes when an accused person passes away before a trial or after being
found guilty due to a direct or indirect police action while they were in
custody. According to the Law Commission of India, the act of violence
committed by a public official against an individual who has been arrested or
detained and is in custody qualifies as custodial violence. It may be caused by
a number of factors, including the overuse of force, carelessness, or abuse by
the authorities. Custodial fatalities are a cause for grave worry and provide
significant legal, moral, and human rights concerns. When someone passes away
while being held in prison, it calls into question how they were handled and
what kind of care they were given. In
order to determine the reason for and circumstances surrounding a death that
occurred while in custody, extensive investigation is frequently necessary. The
idea of "custodial death" highlights the need of maintaining human
rights, guaranteeing the security and well being of those who are detained, and
making government officials responsible for their actions. It underscores the
significance of providing those in the state's custody with just and equitable
treatment, appropriate care, and to avoid any type of harm. Promoting for
police reforms, upgrading detention conditions, increasing openness and
monitoring, and encouraging discipline in law enforcement and penal
institutions are all part of efforts to combat custodial fatalities.[1]
Custodial fatalities can take a
variety of forms in the surroundings of law enforcement and custody facilities
which includes:
Excessive use of force in which
fatalities brought on by the excessive or inappropriate application of power by
law enforcement personnel during an arrest, a detention, or a confrontation. It
could entail the use of weapons, restraints of any kind, tasers, or other
forceful techniques.
Deaths resulting from excessive or
incorrect use of restraints, such as cuffs and choke holds, or other techniques
that impede respiration or circulation, can happen to people who are in
custody. One particular type of restraint-related fatality is positional
asphyxia, which occurs when the person's posture impairs their capacity to
breathe.
When there is ignorance or medical
neglect When people are not given the required medical treatment or care while
they are in prison, custodial fatalities may occur. This might involve not
giving patients the essential medicine, delaying medical treatment, or failing
to react appropriately to health emergencies.
Suicidal deaths can occur when a
person is in detention. This could be brought on by a number of things,
including mental health problems, hopelessness, a lack of mental health care, or
a lack of suicide avoidance measures in detention institutions.
Accidental fatalities can occur while
being transported, in cells, or inside the detention centre. Accidents
involving the usage of machinery or vehicles, self-inflicted injuries, or
slip-and-fall incidents are a few examples.
Some people may have previous medical
conditions that, while they are in custody, become worse or go untreated, which
might cause them to pass away. This may include illnesses like diabetes,
asthma, or heart disease.
Custodial fatalities may, in rare
instances, be the consequence of law enforcement personnel's intentional
misbehavior, such as physical violence, torture, or other intentional injury.
POLICE BRUTALITY: AN UNSETTLING
REALITY
Police brutality is the term for when
law enforcement personnel use excessive or unjustifiable force on somebody,
frequently leading to bodily hurt, psychological trauma, or even death. It is a
type of wrongdoing that tramples on the fundamentals of human rights and erodes
the relationship of trust among law enforcement and the communities that they
protect. The reasons and problems that contribute to the prevalence of police
misbehavior are diverse, complicated, and frequently probably not fully
understood. Insufficient education and a dearth of transparency are two issues
we observe that support the norm of police misbehavior. To guarantee that
police concentrate only on the safe detention and applying only minimally
necessary force, law enforcement must make sure that training procedures are
regularly updated. Many police officers will continue to think in the same way
that leads to the numerous examples of police brutality that occur today if
adequate training and constant improvement are not provided. Acts of police violence can occasionally be
brought on by job stress. In a tight circumstance, a law enforcement person or
agency as a whole may act erratically if they believe that the public is
hostile to their work or unsympathetic at best. Police officers should
generally avoid isolating themselves and should have someone they can confide
in about the difficulties of their work. The root causes of police brutality
must be understood in order to address the issue and prevent it from occurring
in the future.
The idea of police brutality has
received a lot of attention lately, thanks in large part to mass
demonstrations, media attention, and the usage of social media to record and
expose events.[2] It has
spurred crucial conversations regarding the necessity of accountability
measures, policing practise reforms, and police reform to guarantee the fair
and equal treatment of all people. Comprehensive changes that emphasize
enhancing training, fostering accountability and openness, enhancing community
participation, and addressing structural concerns within law enforcement
institutions are necessary to reduce police brutality. It is feasible to move
towards a system of law enforcement that promotes the rights and worth of all
people by addressing these issues. Laws are enforced, public order is
maintained, and citizens are protected by police personnel. But when this
authority is misused, it can result in fundamental rights being violated and
excessive force being used against people. When police deal with the public,
they frequently employ excessive or needless force. This is known as police
brutality. This can go beyond what is deemed acceptable or required to address
a situation and cause bodily pain, injury, or even death. The fundamental human
rights of people, such as having the right to life, liberty, and the safety of
person, liberation from torture or any other form of cruel, inhumane, or
degrading treatment and the freedom to a fair trial, are violated when law
enforcement officials commit acts of brutality. The perception of a lack of
consequences for officers who engage in wrongdoing is one of the most alarming
aspects of police brutality. This might undermine public confidence in law
enforcement organizations and obstruct attempts to address and stop current
instances.
Police brutality has wider societal
repercussions, such as the decrease in public confidence, strained
community-police relations, greater polarization, and a feeling of fear or insecurity
among those who could be subjected to unfair treatment.
CONTROVERSIAL CASES: UNVEILING THE
TRUTH
Jeyaraj and Bennix (2020, Tamil
Nadu): In Tamil Nadu, Jeyaraj and his son Bennix were detained on suspicion of
breaking COVID-19 lockdown regulations. They endured brutal physical abuse
while being held by the authorities, which led to their demise. Justice demands
and public indignation were generated by the occurrence.
Aniket Khicchi (2019, Rajasthan):
During an anti-drug drive, police in Jaipur, Rajasthan, severely beat Aniket
Khicchi, a student. The police were shown brutally beating the defenceless
student in the event, which was recorded on video. Public uproar followed, and
it highlighted concerns about police abuses.
Manhandling of Students at JNU (2020,
Delhi): Several students and teachers claim that police personnel battered and
manhandled them during demonstrations at Jawaharlal Nehru University (JNU) in
Delhi. Due to the inappropriate use of force against nonviolent demonstrators,
the event received widespread attention and condemnation.
A 16-year-old girl was raped and
killed in Shimla, Himachal Pradesh, in the Gudiya rape case, which occurred in
2017. For mishandled the investigation and reportedly interrogating a suspect
to coerce a false confession, the police came under fire. Concerns were raised
by the occurrence regarding suspect handling and police wrongdoing.
In 2018, the Jammu and Kashmir police
detained a schoolteacher named Rizwan Asad Pandit, who later passed away in detention.
His death was allegedly caused by torture, according to the family. Concerns
regarding abuses of human rights and disproportionate use of force by security
personnel were brought up after the occurrence.
Shopkeeper N. Murugan was detained by
the police in Coimbatore, Tamil Nadu, in connection with a theft case in 2019.
He passed away while being held by the authorities, and his family claims he
was tortured. Public outcry and demands for a thorough inquiry into police
wrongdoing followed the incident.
Manorama Devi (2004, Manipur): The
Assam Rifles detained 32-year-old Manorama Devi in Manipur on the grounds that
she could have connections to rebels. Later, her deceased corpse was discovered
with evidence of torture and sexual abuse. Widespread protests against security
forces' violations of human rights were prompted after the tragedy.
Uttarakhand resident Prakash Singh
Thakuri (2019): In Uttarakhand, a 24-year-old man named Prakash Singh Thakuri
passed away while in police custody. His relatives claimed that the reason of
his death was mistreatment in custody. Concerns about police violence and the
demand for accountability were sparked by the occurrence.
SYSTEMIC ISSUES AND ACCOUNTABILITY:
To stop abuse, secure justice, and
safeguard people's rights, it is essential to address systemic problems and
accountability in relation to police detention. The absence of adequate methods
for making law enforcement officials responsible for their acts while in
detention is one of the major problems. This includes a lack of independent
monitoring agencies that can adequately look into misbehavior claims, weak
internal affairs offices, and insufficient supervision.
In some places, torture and abuse in
detention facilities are widespread issues. Despite being forbidden, unlawful
interrogation techniques including physical abuse, psychological torment, or
forced confessions are nonetheless practised. This is frequently a result of an
environment where law enforcement feels free to act without fear of
repercussions.Abuses while in police custody may be caused by a lack of human
rights education, adequate arrest and detention processes, and non-coercive
questioning methods. To make sure they are aware of and protect the rights of
those in detention, law enforcement officials must undergo stronger training
programme.
Cases involving abuse or death while
in custody frequently experience delays in the legal system, which can leave
victim and their families without justice. Furthermore, the culture of with
impunity, in which police are rarely held responsibility for their deeds,
erodes public confidence and feeds the abuse cycle. To protect people in
detention and stop abuses, it is crucial to strengthen legal protections such
rigorous respect to the habeas corpus principle, prompt detainee appearances in
court, and their access to obtain representation.[3]
It is essential to create impartial,
independent investigative organizations and special prosecution teams. These
organizations ought to have the power to fully look into claims of police
wrongdoing and bring charges against individuals guilty.
It is crucial to support and
safeguard police officers who reveal wrongdoing or abuse as whistle blowers.
This may foster an atmosphere of openness and responsibility that makes it possible
to recognize and address systemic problems. An outer check on police behaviour
can be achieved by including civil society organizations, human rights
organizations, and members of the community in oversight procedures. This
engagement contributes to ensuring that detention policies and practise comply
with human rights norms. A comprehensive strategy comprising legislation
changes, extensive training programme, efficient supervision systems, and a
dedication to responsibility from law enforcement organizations, lawmakers, and
society at large are needed to address these systemic concerns. A culture where
acceptance of human rights is embedded in police procedures and where
infractions are carefully investigated and penalized is vital.
HUMAN RIGHTS AND SOCIAL JUSTICE
To guarantee fair and equal treatment
of people when they are in the custody of the police, the principles of
equality and social equality should be preserved and protected. Until a person
is found guilty, they should all be considered innocent while in police
custody. Throughout the custody procedure, this concept guarantees that people
are regarded with respect and dignity and that their rights are upheld.
People who are being held by the
police have a legal right to counsel. This includes the right to have a lawyer
present during interrogation or any legal processes, the right to be reminded
of this liberty, as well as the right to obtain legal counsel and aid. A basic
human right is the abolition of torture and other cruel, inhumane, or humiliating
treatment or punishment. People held by the police must be shielded from any
kind of torture, coercion, or bodily or mental abuse. People in custody have a
right to information about their charges, the circumstances behind their
arrest, and their legal rights in a language their can comprehend. This
promotes accountability and stops arbitrary detention.[4]
A fair and prompt trial should be a
right that is guaranteed to those who are in jail. This includes the right to
question the legality of their custody, the option to be heard in court, and
the right to be brought immediately before a judicial authority. Only legal
justifications, such as a valid warrant or a reasonable suspicion, should be
used to arrest or detain a person. Arbitrary detention or arrest undermines
social justice norms and human rights. During police custody, everyone should
be dealt equally and without prejudice, regardless of their colour, ethnicity,
gender, religion, socioeconomic standing, or any other trait. Discrimination undermines
social fairness and goes against the fundamentals of human rights. Access to
critical medical care, particularly urgent care and medicines, should be
available to those who are being held in jail. Their health—both physical and
mental—should be protected.
Police holding practices should be
open and accountable behaviour should be expected. This entails impartial
monitoring, complaint processes, and disciplinary actions to deal with any
human rights abuses while in prison. Respect for international human rights
norms, adequate education of law enforcement professionals, strong legislative
protections, and efficient supervision systems are all necessary for
maintaining human rights and ensuring equitable treatment when a person is in
police custody. It is critical to have a system that upholds the dignity and
rights of people held in detention while also making sure that justice is done.
CALLS FOR REFORM AND JUSTICE:
To address institutional concerns,
hold offenders accountable, and stop future abuses, the need for justice to be
served in cases involving police brutality and incarcerated fatalities is
crucial. Holding law enforcement officials responsible for their conduct must
be a priority. Investigations should be thorough and objective, and if there is
evidence to support it, officers who have engaged in wrongdoing should be held
accountable to the maximum extent of the law. To guarantee objectivity and
openness in the examination of incidents involving police violence and
incarceration fatalities, independent investigating bodies or special units
must be established. These organizations ought to be empowered, equipped, and
qualified to carry out exhaustive and impartial investigations. For situations
involving police violence, judicial reforms can assist ensure swift and
impartial trials.
For situations involving police
violence and fatalities in custody, judicial reforms can assist ensure swift
and fair trials. This entails hastening the legal process, avoiding unnecessary
delays, and making sure that justice is administered promptly.
The ability to monitor and examine
police behaviour, including instances of abuse, should be granted to
independent monitoring authorities on the local as well as national scales.
They ought to have the power to look into complaints, carry out audits, and
suggest required changes. Law enforcement personnel should undergo thorough
training on rights of individuals, de-escalation tactics, non-violent
strategies, and correct arrest and detention processes. The emphasis of these
programme should be on fostering cultural change among police forces and
stressing the significance of upholding people's rights and dignity.[5]
Encourage communication and
cooperation between law enforcement organizations and the communities that they
serve. Building trust and ensuring that policing practices are in accordance to
community needs and values may be achieved through promoting broad avenues for
interactions, community policing programme, and venues for feedback and input.
The families of victims of police violence should receive adequate support.
This covers services including counselling, legal aid, and guidance via the
court system. Victims and their relatives should be treated sensitively, with
understanding, and with respect. Review and update current legislation to make
sure they offer sufficient protections against police violence and fatalities
in custody. The use of force, supervision procedures, and the rights of those
in detention may all require stronger law.
Educate the public about the problem
of brutality by law enforcement and fatalities in custody through public
dialogue, media campaigns, and education. Encourage awareness of social
justice, human rights, and the significance of law enforcement accountability
in a society with democracy.
A multifaceted strategy encompassing
legal, institutional in nature, cultural in nature and societal changes is
needed to address the desire for justice and reform in situations involving
police brutality and fatalities in custody. To guarantee that human rights are
upheld, justice is carried out, and systemic reforms are implemented, it is
necessary for consumers, including law enforcement organizations, governmental
entities, civil society organizations, and the general public, to work
together.
BUILDING TRUST AND RESTORING
CONFIDENCE:
Fostering productive interactions
amongst law enforcement authorities and the communities that they serve
requires establishing trust and regaining confidence following episodes of police
misconduct and fatalities in custody. Investigate cases of police violence and
fatalities in custody thoroughly and transparently. Make sure the
investigations are quick, objective, and independent. In order to uphold
accountability, promptly inform the public of the investigations' developments
and conclusions.
Take the proper administrative or
criminal proceedings against law enforcement personnel found to have acted
improperly. This involves making sure that police receive penalties appropriate
to their conduct, which can aid in reestablishing public confidence in the
legal system.[6]
Implement thorough training programme
that emphasize de-escalation tactics, cultural awareness, reverence for human
rights, and these. Regularly review and update policies and processes to make
sure they comply with global norms and best practise for human rights.
Participate actively in community gatherings, outreach initiatives, and
conversation sessions. Encourage open communication, pay attention to
complaints, and take care of local needs and priorities to cultivate healthy
connections. Building trust amongst the police and members of the public can be
facilitated by this involvement. Construct independent civilian oversight
committees that can look into grievances against governmental agencies and
strengthen the current accountability systems. These groups should have the
power to monitor police behaviour, suggest improvements, and uphold openness.
They should also include members from the community. Encourage a culture of
honesty, professionalism, and respect among law enforcement organizations.
Encourage police to defend human rights, treat people with respect, and behave
in a fair and unbiased manner at all times. Encourage an atmosphere that
emphasizes moral behaviour and forbids tolerating abuse or wrongdoing. Discuss
issues, exchange information, and work on projects to advance reliability,
rights for individuals, and community well-being with civil society
organizations, human rights organizations, and community leaders. The opinions
and perspectives of impacted communities may be heard and included in reform
efforts thanks to these relationships. By frequently informing the public on
rules, procedures, and use-of-force standards, police operations will become more
transparent.
To shed light on how the police
operate and promote public accountability, publish information on police
activity, such as detentions, complaints, and disciplinary proceedings.
Establish efficient internal reporting processes that safeguard informants and
motivate officers to report wrongdoing or abuse they observe inside the police.
Police will be more willing to come ahead with information if secrecy and lack
of reprisal are guaranteed, allowing for the detection and stoppage of abusive
behaviour. Resources should be allocated, progress should be tracked, and the
results of implemented initiatives should be routinely evaluated in order to
show an unrelenting dedication to reform and development. Create procedures for
gauging the success of reforms and making necessary modifications.
It takes a concerted effort by the
community, civil society organizations, government institutions, and law
enforcement to establish trust and restore confidence. It demands openness,
responsibility, and a sincere dedication to defending justice and human rights
inside the police force.
CONCLUSION:
Last but not least, grave human
rights breaches such as police violence and fatalities in custody must get
immediate attention. These acts damage the public's confidence in law
enforcement, call into question their authority, and feed the vicious cycle of
injustice, fear, and systemic abuse. These problems must be resolved
immediately by thorough reforms, more accountability, and a dedication to
social fairness. With an approach to holding offenders responsible, efforts
should be concentrated on ensuring comprehensive and fair investigations into
instances of police violence and fatalities in custody, putting in place
reliable supervision procedures that are not controlled by law enforcement
organizations in order to keep an eye on police behaviour, look into
complaints, and encourage openness. The promotion of cultural change within the
police force through extensive training programme that emphasis respect for
rights of individuals, nonviolent resolution of conflicts, and community
engagement, as well as strengthening legal barriers and procedural adjustments
to protect the rights of people in custody, as well as including an assumption
of innocence, and access to legal counsel, as well as safeguards against
torture and abuse. By putting these safeguards in place, society may work
towards a system of enforcement that is fair, just, and responsible, where
citizen rights are observed and instances of brutality by police and fatalities
in custody are successfully avoided. Demanding change, advancing justice, and
preserving each person's dignity and rights are communal duties.
[2] Sourav Suman, The Police Brutality In India: A
Critical Analysis, 6, International Journal of
Legal Developments and Allied Issues, 34 (2020)
[3] Legal Services, https://www.legalserviceindia.com/legal/article-5689-police-brutality-and-police-accountability-in-india.html (Last
Visited June 18, 2023).
[4] Legal Services, https://legalserviceindia.com/legal/article-9239-custodial-deaths-and-human-rights-an-insight.html
(Last Visited June 18, 2023).
[5] Harikumar Pallathadka, Custodial Deaths: Legal
Perspective, 07, European Journal of Molecular & Clinical Medicine, 3189 (2020).
[6] Lexforti,
https://lexforti.com/legal-news/custodial-death-in-india/
(Last Visited June 18, 2023).
Article Information
UNCOVERING THE DARK REALITY: EXPLORING CUSTODIAL DEATHS AND POLICE BRUTALITY
Authors: SOUMYA JENA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/06/20
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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