Police and Custodial Violence in

India: A Human Rights

Perspective

Presentation by
Dr . K.KOTTAI RAJAN
Assistant Professor
Department of Political Science and Public Administration
Annamalai University
 Content
• Introduction
• Conceptualization of Custodial Violence
• Aspects of Custodial Violence
• Case Study
• Remedies Against Custodial Violence
• Conclusion
 Introduction

“Torture is wound in the soul so painful that sometimes you can

almost touch it, but it is also so intangible that there is no way to
heal it. Torture is despair and fear and rage and hate. It is a desire to
kill and destroy including yourself”. -Adriana P. Bartow
 Basic Police Data I
The Indian Police cater to One Billion plus
Population
Police are a State subject/Home dept
Each state/ union territory has its own
separate police force
There are central police organisations for
specialised work. (e.g) CRPF,CISF,ITBP etc.,
 Basic Police Data II
• The total combined strength of the state/union territory police
forces: 14,49,761
• The strength of CPOs - 5,28,370.
• Police- Population Ratio- 10: 10,000
• Police Area Ratio: 34 Policemen per Sq KM.
• 85% are constables
 The Police System - A Colonial
Legacy ?
• The police system in India was established by
the Police Act of 1861
• This legislation came in the wake of the Indian
Sepoy Mutiny of 1857
• Aim was to quell rebellion & Perpetuate the
rule
 Indian Police Overcoming colonial
attitude by
• Community policing
• Human Rights sensitization
• Police complaint system
• Media Audit
• Judicial Activism
 Definition
Custodial Violence is a trait against human
dignity and human rights that springs out of
a perverse desire to cause suffering when
there is no possibility of any retaliation
Or
A senseless exhibition of superiority and
physical power over the one who is
overpowered.
 Conceptualization
• The word custody implies guardianship
and protective care
• The violation of human rights under the
shield of uniform and authority between
the four walls of a police station, lock-up
and prison where the victims are totally
helpless.
 Custodial Violence….

• Custodial Violence is a dark reality in our democratic

country governed by “rule of law”.
• In a democratic society, the police have the
predominant role of protecting the rights of citizens
as enshrined in the constitution.
• But it is well known that they systematically violate
their powers and employ torture as part of their
investigation process. The poor , the deprived
classes, women & political activists are the worst
victims of police brutality.
 Cont..

• The police constitute major party in the administration of criminal

justice, & it’s with them that the average man first comes into
contact when wronged.

• The main reason why torture continues to be practiced on such a

wide scale throughout India is that the police feel themselves to
be immune, they are confident enough that they will not be held
accountable, even if they kill the victim & even if the truth is
revealed.
 Aspects of Custodial Violence
1. Torture
(a) mental
(b) physical
2. Sexual Harassment
3. Rape
4. Death
 1. TORTURE

• “Torture in custody flouts the basic rights of the citizens and is an affront to
human dignity”.

• It is one of the worst crime in the society, governed by the rule of law and
imposes a serious threat to an orderly civilized society.

• It is a naked violation of human dignity and degradation which destroys, to a

very large extent, the individual personality.

• In all custodial crimes what is of real concern is not only the infliction of body
pain but the mental agony which a person undergoes within the four walls of
police lock-up. It is the real face of torture
 Torture
Physical torture Mental torture
1. lock-up harassment - beating, 1. verbal aggression- using
punching, hitting, kicking,
scratching, and slapping. filthy language
2 . Denailing 2. Emotional blackmail
3. Disfigurement
4. Force feeding 3. Solitary confinement
5. Drowning in water/ice 4. Inhuman treatment –
6. Sleep deprivation
degrading individual self.
7. Foot whipping
8. High pitched noise
9. Starvation
10. Stress positions
11. Tooth extraction
 3rd DEGREE TORTURE
• Mainly there are 3 reasons for this :
1) when the investigating officer (I.O) lacks the brain of
Sherlock holmes , to cover-up his own inefficiency he uses
3rd degree torture on innocents.
2) When the I.O is biased towards rich , powerful crooks , to
frame innocents & to extract false confessions from them ,
3rd degree torture is used on innocents.
3) When the I.O is properly doing the investigations , but the
higher-ups need very quick results - under work stress I.O
uses 3rd degree torture on innocents
 Torture to extract confessions

• Torture of the victims during interrogation is

common across India. Torture remained
integral to investigation to obtain confessions
from suspects.
• Terror suspects are at increased risks of
torture given the immense pressure on the
police to solve the crimes
Torture resulting from a failure to pay
bribes
• On 2 June 2010, a constable was arrested and three others, including
Shailendra Singh, Station House Officer (SHO) of Puwayan police station
in Shahjahanpur district, Uttar Pradesh were suspended for illegally
detaining Khatib Ahmed for three days and extorting money against his
release. On 28 April 2010, a police team led by the SHO raided his house
and picked him up. The SHO threatened the victim to implicate in a false
case if he did not arrange Rs. 40,000 for his release.

• On 13 July 2010, one Sneha Kumar Chakma, son of Direndra Chakma of

Silkur village in Lunglei district was assaulted by a personnel of Mizoram
Armed Police (MAP) at Demagiri market place in Lunglei district. The
victim had come to sell “dry fish” in the market and was reportedly
assaulted when the victim’s wife objected to the MAP personnel who
forcibly tried to take away dry fish without paying its price
 2. SEXUAL HARASSMENT
• “Hammering upon one’s personal dignity and self
respect”.
• Women complainants were sexually harassed e.g
widows/destitute & poor women
• Sexually abusive behavior of police officers towards the
prisoners is a matter of deep concern.
• Police officials treat women prisoners as their pawn.
• They think that prisoners are the domestic servants and
female prisoners are subject to satisfy their physical desire
• At times when they deny to perform these tasks then the
real picture of sexual harassment could be easily seen on
the stage of reality
 3. RAPE
• “A broader pattern of custodial abuse”.
• It is committed under the shield of uniform and authority within the four
walls of a police station, the victim being totally helpless.
• Rape by police, including custodial rape, is very common. A higher
incidence of abuse appeared credible, given other evidence of abusive
behavior by police and the likelihood that many rapes were unreported
due to a sense of shame and a fear of retribution among victims.
• On 9 March 2010, Mr. Ajay Maken, then Minster of State in the Ministry
of Home Affairs, Government of India stated in the Lok Sabha that the
National Human Rights Commission registered 39 cases of rape from
judicial and police custody from 2006 to 2010 up to 28 February 2010.
These included 9 cases, including 2 in judicial custody and 7 in police
custody, in 2006-2007; 17 cases, including 2 in judicial custody and 15 in
police custody, in 2007-2008; 7 cases, including 2 in judicial custody and
5 in police custody, in 2008-2009; and 6 cases, including 1 in judicial
custody and 5 in police custody in 2009-2010 up to 28 February 2010.
 4. CUSTODIAL DEATH
• The Government of India allows torture, so inflicted in police lock-ups,
considering it necessary for the administration of justice while providing
impunity to the law enforcement officers.
• Incarcerational barbarity has been validated by the popular retributive-
deterrent philosophy, this is current sentencing coin in many criminal
jurisdictions.
• Custodial violence, including torture and death in the lock ups, strikes a
blow at the Rule of Law, which demands that the powers of the
executive should not only be derived from law but also that the same
should be limited by law
• From 2001 to 2010, the National Human Rights Commission (NHRC)
recorded 14,231 cases. This includes1,504 deaths in police custody and
12,727 deaths in judicial custody from 2001-2002 to 2009-2010
Deaths in Police custody 2001-11 in
• The NHRC recorded 1504 deaths in police custody
during 2001-2011 which includes:
• 165 deaths in 2001-2002;
• 183 deaths in 2002-2003;
• 162 deaths in2003-2004;
• 136 deaths in 2004-2005;
• 139 deaths in 2005-2006;
• 119 deaths in2006-2007;
• 187 deaths in 2007-2008;
• 142 deaths in 2008-2009;
• 124 deaths in2009-2010 and 147 deaths in 2010-2011
 Death in police Custody
• The Asian Centre for Human Rights (ACHR) has consistently underlined
that about 99.99% of deaths in police custody can be ascribed to torture
and occur within 48 hours of the victims being taken into custody.
• Maharashtra recorded the highest number of deaths in police custody
with 250 deaths; followed by Uttar Pradesh (174); Gujarat (134); Andhra
Pradesh (109);
West Bengal (98); Tamil Nadu (95); Assam (84); Karnataka (67); Punjab
(57);
Madhya Pradesh (55); Haryana (45); Bihar (44); Kerala (42); Jharkhand
(41);
Rajasthan (38); Orissa (34); Delhi (30); Chhattisgarh (24); Uttarakhand
(20);Meghalaya (17); Arunachal Pradesh (10); Tripura (8); Jammu and
Kashmir (6);
Himachal Pradesh (5); Goa, Chandigarh and Pondicherry (3 each);
Manipur,
Mizoram and Nagaland (2 each); and Sikkim and Dadra and Nagar Haveli
(1 each).
 Torture not resulting in deaths
• Torture remains endemic and majority of torture cases do
not result in the death.
• Unlike custodial deaths, the police are not mandatorily
required to report cases of torture which do not result in
deaths to the NHRC.
• Yet, the NHRC recorded a number of cases of police torture
not resulting in deaths. In the last three years, 2,044 cases
of police torture were registered to the NHRC. These
included 574 cases in 2008-2009, 615 cases in 2009-2010
and 855 cases in 2010-2011.
• The statistics has gone up every year. However, these cases
are only a fraction. Majority of the cases go unreported.
 Deaths in judicial custody (2001-11)
• Uttar Pradesh recorded the highest number of deaths in
judicial custody with 2171 deaths, followed by Bihar (1512);
Maharashtra (1176); Andhra Pradesh (1037);
• Tamil Nadu (744); Punjab (739); West Bengal (601);
Jharkhand (541); Madhya Pradesh (520); Karnataka (496);
Rajasthan (491); Gujarat (458); Haryana
• (431); Orissa (416); Kerala (402); Chhattisgarh (351); Delhi
(224); Assam (165); Uttarakhand (91); Himachal Pradesh
(29); Tripura (26); Meghalaya (24);
• Chandigarh (23); Goa (18); Arunachal Pradesh (9);
Pondicherry (8); Jammu and
• Kashmir and Nagaland (6 each); Mizoram (4); Sikkim and
Andaman and Nicobar Island (3 each); and Manipur and
Dadra and Nagar Haveli (1 each).
 PRISONER’S RIGHTS

• ICCPR: ARTICLE 10 (1):-All persons deprived of their liberty shall be

treated with humanity and with respect for the inherent dignity of
the human person. -MENAKA GANDHI V. UNION OF INDIA
• ARTICLE 10,2(1):-Accused persons shall, save in exceptional
circumstances, be segregated from convicted persons and shall be
subject to separate treatment appropriate to their status as
unconvinced persons.-SUNIL BATRA V. DELHI ADMINISTRATION
 Prisoner’s rights..
• ARTICLE 14:-“Right to speedy trial”
all persons shall be equal before the courts and tribunals. In the
determination of any criminal charge against him, or of his rights
and obligations in a suit at law, everyone shall be entitled to a fair
and public hearing by a competent independent and impartial
tribunal established by law .
• ARTICLE 14, 3(4):-it provides free legal aid to the prisoners
• KHATRI V. STATE OF BIHAR……It was the duty of a trial court to
inform the accused that he is entitled to free legal aid service or a
lawyer of his choice.
• ARTICLE 9(5):-“RIGHT TO COMPENSATION” For Anyone who has
been the victim of unlawful arrest or detention shall have an
enforceable right to compensation -RUDAL SHAH V. STATE OF
BIHAR
 CConstitutional Provisions
• Article 19(1)(a) provides for freedom of speech and expressions.
Freedom of thought and expression is one of the important political
freedoms guaranteed by Article 19(1) (a) of the Constitution. As a
Fundamental Right it remains with the Prisoners Rights.

• O.RAJ GOPAL v. STATE OF TAMIL NADU (Auto shankar case)There was a

serial killer with the stone in the prison and he wanted to write certain
articles to papers as a series about relationship/support/expose criminals
and police. Held that though is a prisoner freedom of speech and
expression is available to him as following above decision too
 Constitutional Provisions
• Article 20(1)
It prohibits Conviction or greater sentence for an offence under ex post facto criminal laws.
Article 20(2)
Embodies the principal of ‘double jeopardy’, that is, no person shall be prosecuted and punished
for the same offence more than once.
Article 20(3)Provide for important safeguards to the under trials that the jail authorities or police
authorities cannot compel the prisoners to give testimony which is likely to expose them for
criminal consequences.( No self incrimination)

• Article 21
Article 21 provides no person shall be deprived of his life or personal liberty except according to
procedure established by law. Our Constitution has guaranteed certain rights and safeguards
which the State should uphold for every citizen of the sovereign India. Some basic rights reads as
under out of which article 21 of the Constitution is most luminary provisions in the Constitution
and is a part of the scheme for fundamental rights, occupies a place of pride in the constitution.
Right to speed trial, right against handcuffing, right against inhuman treatment are some of the
rights which come under the purview of the Article 21.
 Constitutional Provisions
• Article 22
• Article 22 provides for protection against arrest and detention in certain cases. It
deals with the right of a person who is arrested and procedures for preventive
detention.
• No person can be detained without being informed of the reasons of his arrest.
• Right to be informed as soon as may be of the grounds of arrest;
• Right of freedom to consult and to be represented by a lawyer of his own
choice.(Article22(1));
• Right to be produced before a Magistrate within 24 hours of arrest and detention
beyond the said period only on the order of the Magistrate. The 24 hours do not
include the time taken for the journey from the place of arrest to the magistrate;
• Free legal aid is provided to those who cannot afford the same.
• Article 25(1) provides for freedom of conscience and free profession, practice and
propagation of religion. This right to religion can be equally enjoyed by the
prisoner also
• Article 39(A) is a Directive Principle of State Policy and grants equal justice and
free legal aid. It deals with providing free legal aid to disabled categories and
women are among them.
 Remedies against custodial violence
1. Constitutional Safeguards
 Article 20 primarily gives the rights against
conviction of offences
 Article 21 Right to life or personal liberty (to
protect the right to be free from torture)
Article 22 provides four basic fundamental
rights with respect to conviction
 Cont…..
These include
1. Being informed of the grounds of arrest,
2. To be defended by a legal practitioner of his
choice,
3. Preventive detention laws and
4. Production before the nearest Magistrate
within 24 hours of arrest of the person
 2. Statutory Safeguards:
• Indian Evidence Act, 1872
A confession to police officer cannot be
proved as against a person accused of any offence
(Sec. 25 Evidence Act)
• Code of Criminal Procedure, 1973
Sec. 46 and 49 of the Code protect those
under custody from torture who are not accused of
an offence punishable with death or imprisonment
for life
 Cont..
• Indian Police Act 1861
Sections 7 and 29 of the Act provide
for dismissal, penalty or suspension of police
officers who are negligent in the discharge of
their duties or unfit to perform the same.
• Indian Penal Code
sections 330,331,& 348 were enacted to
curb the tendency of policemen to resort to
torture to extract confessions
 3. Judicial Precedents

• The Supreme Court is heralded as a beacon of rights against torture.

• provided for guidelines on rights of the arrested persons especially
women
• Medical examination every 48 hours during detention by a doctor from
the approved panel of doctors and
• Copies of all prescribed documents should be sent to the concerned
Magistrates
• Women should not be detained in police stations during night time
• No arrest/enquiry of women after 6 P.M
• if warranted with assistance of women P.C arrest should be carried out a
producing the accused before the magistrate immediately and lodge in
the prison.
 Case Study -1
• Nandagopal in Annamalai Nagar was held by 4 policemen on suspicion
of theft. “After picking him up on May 30, 1992, the cops kept him in
custody for five days where he was beaten to death. The cops also
allegedly gang raped his wife Padmini,” the court was told.

• Judgement “We are surprised the accused were not charged under
Section 302 IPC (murder) and instead the courts below treated the death
as suicide. They should have been charged under that provision and
awarded death sentence, as murder by police in custody in our opinion
comes in the category of rarest of rare cases deserving death sentence,”
the Bench observed.
 Case Study -2
• One Vinod Sharma from Gulabi Bagh area of New
Delhi whose blackened eyes swollen with frozen
blood –exposing that he was brutally boxed before he
died –was published by The Hindustan Times on 8
April 2010. There are hundreds of victims of custodial
death across the country whose plight never makes it
to the newspapers
 Case study- 3
• In December 2009, the Bombay High Court asked the
Maharashtra government to explain why it had rejected
the state Criminal Investigation Department (CID)’s plea to
prosecute 10 officers of Mumbai Police in the Khwaja
Yunus murder case. The Maharashtra government had
sanctioned the prosecution of four minor officers but let
off 10senior officials despite the CID establishing their
roles in the custodial death of Yunus in January 2003.
 Case Study-4
• Award of Rs 500,000 compensation to family of custodial death victim
by Madras High Court
• On 24 August 2010, the Madras High Court Bench directed the State
Government to pay a compensation of Rs.500,000 to the wife of
custodial death victim,L. Kuttiappan alias Bhoominathan.The victim was
picked up and tortured at the Palayamkottai police station, Tirunelveli
after his cousin eloped with a daughter of a policeman on 15 June 2003.

• In her petition, the victim’s wife B. Priya stated that her husband L.
Kuttiappan’s cousin M. Santhosh fell in love with a police constable’s
daughter and eloped with her.Later, a team of policemen from
Palayamkottai police station picked up her husband at late night on 14
June 2003. He was subjected to torture in custody and released the next
day only after the police came to know that the couple had surrendered
before the police. The victim sustained injuries on his chest, groin and
genital parts after being beaten up with batons and boots resulting in his
death. As a result, the victim remained weak since his release and died
on 16 June 2003.
 10-Points to combat torture

1.Adopt an official policy to protect human rights

2.Investigate impartially all allegations of torture
3.Bring the perpetrators to justice
4.Strengthen safeguards against torture
5.Inform detainees of their rights
6.Compensate the victims
7.Train the police and security forces to uphold human rights, and
reform the police
8.Provide torture victims with medical treatment and rehabilitation
9.Investigate the causes and patterns of torture.
10.Strengthen India’s international human rights commitment
 Recommendations
Hereby we urge the GOI & all state governments :
1) to book cases of murder against police personnel who use 3rd degree
torture on detainees and kill detainees in the name of encounter killings.
2) To dismiss such inhuman , cruel personnel from police service and to forfeit
all monetary benefits due to them like gratuity , pension ,etc.
3) To pay such forfeited amount together with matching government
contribution as compensation to family of the victim's of 3rd degree torture &
encounter killings.
4) To review , all cases where false confessions were extracted from innocents
by 3rd degree torture.
5) To make liable the executive magistrate of the area , in whose jurisdiction
torture is perpetrated by police on innocents.
 Recommendations
• 6) To make it incumbent on all judicial magistrates ,to provide a torture free climate to
all parties , witnesses in cases before his court.
7) To make it mandatory for police to use scientific tools of investigations like brain
mapping , polygraph(lie detector) , Narco-analysis test etc without bias against suspects
rich or poor.
8) To include human rights education in preliminary & refresher training of police
personnel.
9) To recruit persons on merit to police force who have aptitude & knack for
investigations.
10) To insulate police from interference from politicians & superiors.
11) To make police force answerable to a neutral apex body instead of political bosses.
Such body must be empowered to deal with all service matters of police.
12) The political bosses & the society must treat police in a humane manner and must
know that they too have practical limitations. Then on a reciprocal basis , police will also
treat others humanely.
13) The police must be relieved fully from the sentry duties of biggies & must be put on
detective , investigative works.
 Conclusion
 Custodial torture must be made a crime by special
law
 The existing laws under the constitution and the
rules established by the Supreme Court--though not
a complete remedy--should be applied without
failure
 The public--and especially concerned professional
groups, including rights groups , NGOs and the
media--must closely monitor police practices
 The central government should be urged to ratify
the UN Convention against Torture and Other Cruel,
Inhuman and Degrading Treatment or Punishment
Questions
&Discussion
Thank you