Tanya Jaiswal
ABSTRACT
Preventing torture in custody and ensuring strict compliance of its guidelines in custodial deaths is one of the important agenda on the NHRC’s list. The custodial crimes in police custody have focused on the custodial treatment of accused in police custody. Firstly, the highest number of custodial crimes cases registering in NHRC. Secondly,most of the studies in the domain were undertaken in the country are based on information collected through secondary sources and have studied illegal detention, torture and ill-treatment, custodial crimes and disappearance separately in the different areas. Thirdly, while custodial crimes have drawn the attention of legislature, judiciary. NGOs and human rights commission a little attention has been given on the
plights of victims of custodial crimes. Fourthly, the establishment of the National Human Rights Commission has added an additional mechanism for victims poor and violence to get a quick redressal, yet many cases of custodial crimes are not reported to it.
INTRODUCTION
Complaints of police excess and torture of suspects in police custody have been made in the past. The word custody implies guardianship and protective care. Even when applied to indicate arrest or incarceration, it does not carry any sister symptoms of violence during custody .no civilised law postulates custodial cruelty– an inhuman trait that springs out of to cause suffering when there no possibility of any retaliation. A senseless expiation of superiority and physical power over the one who is empowered or collective wrath of hypocritical thinking. It is one of the worst crime in the civilised society, governed by rule of law and poses a serious threat to an orderly civilized society. torture in custody flouts the basic rights of the citizens and is an affluent
to human dignity.
CUSTODIAL DEATHS IN INDIA
The constitution and the laws of India are imbued with an abiding concern for human rights and fundamental freedom in general and the rights of the accused and even in the convict in particular.cruel, barbarically human punishment was totally alien to our culture. Fundamental principle of criminal jurisdiction:
The following principles have for century been considered as fundamental to our criminal jurisdiction:
1.The accused shall be prescribed to be innocent until his guilt is proved in the court of law.
2.The burden of proof is on the prosecution to prove the guilt of the accused and not on the accused to prove his innocence.
3. The prosecution must prove its case “beyond all reasonable doubt”.
4. If there is any doubt must go to the accused and he must be acquitted.
5.While the onus of proving any general or special prosecution any general exception in his favour is on the accused, he has to satisfy the test of preponderance of probabilities only and not the rigorous test of proof beyond all reasonable doubt.
The Magna Carta, the petition of rights, the bill of rights and the universal declaration of human rights, 1948 have been the pole star which has chartered the course of the drafting of the Indian constitution has various laws. Our constitute union confers some important fundamental rights like right to equal protection of laws(article 14), right to life (article 21) and right against testimonial compulsion (Article 20(3)) not only on the Indian citizens butalsoon aliens. Justice Krishna lyre declared that “ fundamental rights do not stop at the prison gates“.
Custodial deaths in international prescriptive
The unconvention against torture and other cruel in human and grading treatment or punishment were adopted by the united nation assembly on 10th December 1984. Twereconvention consisted of 33 articles, which 10th December as 26 June 1987 among which the following are important provisions:
1. June 1987 party shall ensure that education and information regarding against torture are truly included in the training of law enforcement personnel, public officials or any individual subjected to any form of arrest, detention or imprisonment.
2.Each state party ensure that its component authority’s proceeded to a prompt and impartial investigation.
3.Each state party shall ensure its legal system that the victim of an of torture-oblate redress and has an enforceable right to fair and adequate compensation.
Cases related to custodial death
Nilavati Behar’s case where the compensation was awarded to a mother whose child died in police custody.
Sheela Barsa v. State of Maharashtra, the Supreme Court on a complaint of custodial violence to women prisoners in jail, directed that to those helpless victims should provide legal assistance.
Citizen for democracy v. The state of Assam, the court held that hand cuffing and in addition tying with ropes of the patient prisoners who lodged in the hospital in human and violation of human rights guaranteed to an Individual under international law.
Recommendations:
The Government of India should ratify the united nation convention against torture at earliest.
Ajudicial inquiry in custodial crimes cases should ensure full participation of victims and witnesses a part from others.
Civil society interface with police shall been enhanced for a transparent, accountable and community-oriented police system.
NGO should take up the issue of custodial violence and human rights and reach out to the victims’ families.
Conclusion:
To conclude the present study set out six assumptions. The first assumption was that custodial violence is used as a tool to extract confessions from accused and witnesses in police custody. The second assumption was that torture is the main cause of custodial crimes in police custody found true. The third assumption was that torture serves the purpose of deterrents thither criminals in society.The fourth assumptions that impunity as legal instruments provides a shield for guilty police officials responsible for custoprovidemaes.
Reference:
1.https://europepmc.org/article/med/6731402
2.https://www.svpnpa.gov.in
3.shodhganga.inflibnet.ac.in
Cases:
1.https://indiankanoon.org
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