Why in the News?
Two persons
have allegedly died of custodial violence in Delhi and Faridabad in separate
cases.
Custodial Violence & death:
●
Includes torture,
death and other excesses in police custody or prison.
●
It also includes
suicides and death in hospitals during treatment during police custody.
|
Types of Custodial Violence |
Physical -
physical force leading to exhaustion or death |
|
Psychological -
Humiliation & threats leading to mental torture |
|
|
Sexual - Verbal
sexual abuse and humiliation of one's dignity. |
Causes of Custodial Violence:
1.
Absence of strict
laws and custodial violence not yet criminalized.
2.
No solid Prison
reforms
Prisons are in poor conditions with issues of overcrowding, manpower
shortages and minimal safety
3.
Work pressure of
police officers pushes them to use violence against accused - for evidence or
confession. An act to arrive at quick solutions to complex problems
4.
Non-adherence to
international standards against custodial torture.
●
UN Convention
against Torture (1997) is still not ratified by India
5.
Long working hours
of law enforcement officers.
6.
Medical neglect,
lack of medical attention, or instances of suicide.
7.
Poor training or
lack of accountability among law enforcement officials.
What has to be done?
1.
Reforms to be
introduced in India's police agency
a.
Additional funding
for reforms
b.
Trust deficit
between police and the public has to be bridged by improving soft skills and
impartial investigation among the law enforcement authorities.
c.
Unwarranted and
mechanical arrests need to be stopped.
d.
More offences to be
made bailable to lighten the burden of jails.
e.
Use of technology
and forensic techniques to enhance the quality of evidence.
f.
Specialized Wings
needs to deal with newer types of crimes.
2.
Separate rooms with
CCTV for interrogation purposes have to be established.
3.
Prison conditions
to be inline with human rights requirements.
4.
Law Commission of
India 2003 recommendation: amend Evidence Act so that the burden of proof be
shifted on the police.
5.
LCI report 2017
Law enforcement officers accused of causing
custodial violence should be criminally prosecuted instead of mere
administrative action. This shall act as an effective deterrent against
custodial violence.
6.
Use of Technology
for evidence or confession (body cameras, Deception detection tests,
polygraphy, Narco analysis, brain mapping, robotic interrogation using AI and
MI) has risk of bias and can target individuals/communities.
7.
India should ratify
UN Convention against Torture (1997)
8.
Relief from work
pressure and working hours to police officers.
E.g.: Tamil Nadu government has announced
a weekly one day off to constables and head constables
