Protect Rights in Custody

The Supreme Court has made a strong statement against custodial deaths and torture by deciding to register a suo motu case over the lack of CCTV cameras in police stations. The apex court’s decision to start proceedings in this matter has come in the wake of a news report that eleven custodial deaths had taken place during the last seven months in Rajasthan, known to be one of the most peaceful states in the country. At the same time, the top court has also expressed its displeasure over non-compliance with an earlier order passed in 2020, noting that the directive was intended to protect the right to life and dignity of citizens.

There is no denying that India is well familiar with custodial deaths and torture, as those enjoying the power of interrogation and arrest often prefer to use third-degree methods to force men suspected of involvement in a crime to confess. In fact, Indian law-enforcement agencies are blindly carrying forward the legacy of the British police, who used such practices to quell rebellion against their forceful occupation of this country. It is a pity that the practice still continues in Independent India, clearly proving that present-day law enforcers are still following the colonial mindset. This is why custodial atrocities continue to hurt India’s image as a peace-loving country even today.

Not only suspected criminals but even ordinary people have been subjected to brutal torture for seeking redress of their genuine grievances. More worrying is that incidents of custodial torture are not uncommon in Kerala and West Bengal, known to be two of the most politically sensitive states in the country. While in Kerala, a chief minister had to resign following the custodial death of a student, plenty of such incidents have taken place in West Bengal, especially during the late sixties and early seventies. The Northeastern region of the country has also experienced similar woes, along with states like Maharashtra, where persons responsible for extra-judicial killings have often been rewarded. Beyond doubt, these incidents are blots on India’s promise to protect human rights at any cost.

If the country is sincere in improving its image in accordance with the pledge made in our Constitution, CCTVs should be installed in all police stations, especially in interrogation rooms and prisons, to record each and every movement of law enforcers. Otherwise, concerned officials must be adequately punished for dereliction of duty. While there is no need to elaborate on how CCTVs can help prevent custodial torture, it must be ensured that they remain functional 24x7. It has been found on several occasions in the past that these were purposefully destroyed or switched off in an attempt to hide crimes committed against suspects. It is time to remain vigilant to prevent any further loss of lives in custody.