The Chief Justice of India candidly spoke about the proble of custodial violence in Indian police stations.
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Supreme Court points to custodial violence as human rights hell-hole in India
- The story: In August '21, the Chief Justice of India (CJI) noted in a speech at the NLSA that police stations in India posed the highest threat to human rights and dignity as custodial torture\violence and police atrocities still prevail despite constitutional guarantees. It was a clear and shocking thing to say!
- National Legal Services Authority: It was constituted under the Legal Services Authorities Act, 1987 which came into force in November, 1995 to establish a nationwide uniform network for providing free and competent legal services to the weaker sections of the society.
- The CJI is the Patron-in-Chief and the second senior most Judge of the Supreme Court of India is the Executive Chairman of the Authority.
- Article 39 A of the Constitution provides for free legal aid to the poor and weaker sections of the society, to promote justice on the basis of equal opportunity.
- Article 14 and Article 22 (1), obligates the State to ensure equality before law.
- Vision & Mission Statement - It encapsulates the vision of NALSA to promote an inclusive legal system and to ensure fair and meaningful justice to the marginalized and disadvantaged sector. It further promotes the mission of NALSA to legally empower the marginalized and excluded groups of the society by providing effective legal representation, legal literacy & awareness to bridge the gap between the legally available benefits and the entitled beneficiaries.
- Mobile Application: The new App incorporates features including seeking legal assistance, legal advice, and other grievances. Application tracking facilities, and seeking clarifications are some additional features available to both Legal Aid beneficiaries and Legal Services Authorities. Beneficiaries can also apply for pre-institution mediation through the app. Victims can also file an application for Victim Compensation with the App.
- Custodial violence in police stations: According to National Crime Records Bureau (NCRB) data, between 2001 and 2018, only 26 policemen were convicted of custodial violence despite 1,727 such deaths being recorded in India. Only 4.3% of the 70 deaths in 2018 were attributed to injuries during custody due to physical assault by police. Except in Uttar Pradesh, Madhya Pradesh, Chhattisgarh and Odisha, no policeman was convicted for such deaths across the country. Apart from custodial deaths, more than 2,000 human rights violation cases were also recorded against the police between 2000 and 2018. And only 344 were convicted in those cases.
- Major reasons: Lack of effective legal representation at police stations is a huge detriment to arrested or detained persons. The first hours of arrest or detention often decide the fate of the case for the accused. Lengthy, expensive formal processes followed by courts dissuade the poor and the vulnerable. India does not have an anti-torture legislation and is yet to criminalise custodial violence, while action against culpable officials remains illusory. The entire prison system is opaque giving less room to transparency. India fails in bringing the much desired Prison Reforms and prisons continue to be affected by poor conditions, overcrowding, acute manpower shortages and minimal safety against harm in prisons.
- Marginalised people: The use of excessive force including torture to target marginalised communities and control people participating in movements or propagating ideologies which the state perceives as opposed to its stature. Although India has signed the United Nations Convention against Torture in 1997 its ratification still remains.
- Provisions: Protection from torture is a fundamental right enshrined under Article 21 (Right to Life) of the Indian constitution. The right to counsel is also a fundamental right under Article 22(1) of the India constitution. The Section 41 of Criminal Procedure Code (CrPC) was amended in 2009 to include safeguards under 41A, 41B, 41C and 41D, so that arrests and detentions for interrogation have reasonable grounds and documented procedures, arrests are made transparent to family, friends and public, and there is protection through legal representation.
- Summary: To keep police excesses in check, citizens must know their constitutional rights to legal aid and availability of free legal aid services. The formation of society based on 'rule of law' demands the creation of a whole system of support, that will eventually erase the demon of custodial violence.
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