One of the worst sins in a civilized society regulated by the Rule of Law is custodial death. Does a citizen, when a policeman arrests him, forfeit his constitutional right to life? Can a citizen's right to life be put in abeyance upon his arrest? Indeed, the answer has to be an emphatic' No.' In India, where the rule of law is implicit in any action and the right to life and liberty is regarded as the fundamental right that adorns the highest position among all essential fundamental rights, torture instances, and the use of third-degree tactics on suspects during unlawful detention and police detention throws a slur on the administration system itself.
Between 2005 and 2018, nearly 1,200 people died in police custody, but during this time, only seven people were prosecuted. The latest custodial death case that caught India's attention was that of a father-son in Sathankulam, a town in Tamil Nadu's Thoothukudi district. On June 19, 2020, the victims were arrested by the police, citing minor lockout violations. Later on, the police reportedly attacked them, physically and sexually. Both of them succumbed to the injuries within a couple of days and the police staff believed that the deaths were caused for medical reasons. This led to state-wide demonstrations, extensive media coverage of the issue, and the initiation of proceedings by the Madras High Court to keep the police responsible for their deeds. The investigation into the incident against all nine accused police officers was then ordered by the Court.
The case was eventually referred to the CBI, which filed a charge sheet on September 27, 2020, revealing that the pair had been subjected to indescribable torture by the police. It also claimed that the hands and legs of the victims were held by the accused police workers to stop them from defending themselves. The exposure of the problem by people on social media and the reinforcement of public indignation by news media organizations is one of the key reasons for the speedy filing of charges against police officers. In bringing correct and timely public attention to such incidents of custodial abuse, it is undeniable that the media plays a vital role. The vast majority of custodial deaths, however, are unreported by the media and, consequently, those responsible for these human rights abuses are often shielded by state machinery without the associated public pressure.
In its reports from 2005 to 2018, the National Crime Records Bureau (NCRB) reported that 281 cases were registered with respect to the death of 500 persons in custody, 54 police officers were charged, but not a single policeman was convicted during that time. Of the 700 deaths of individuals in pre-trial custody, 312 cases were reported, 132 individuals were charged, and only 7 individuals were convicted. The deaths before remand are before the magistrate within the first 24 hours after the arrest before the defendant is made. This year alone, the National Human Rights Commission, India (NHRC) recorded 914 deaths in custody in the seven months up to July 2020, 53 of these in police custody. As per their records, in cases registered between 2013-14 and 2017-18, 714 individuals were confirmed to have died in police custody. These deaths do not include deaths in police encounters, which during the same time accounted for 837 incidents.
REMEDIES OF CUSTODIAL TORTURE AGAINST: -
Legal regimes and judicial precedents are the two methods.
It has been held in a catena of judgments that it is not because a person is in police custody or detained or under arrest that he is deprived of