Zero Police Convictions in Custodial Deaths

Definition of Custodial Deaths

1. Custodial death refers to the death of a person while in the custody of police or other law enforcement agencies, or in judicial custody (such as in prison or jail).

Types of Custodial Deaths

1. Police Custody Deaths
   1. Occurs when a person dies while being held by the police, usually before being presented before a magistrate.
   2. Causes may include:
      1. Torture or assault during interrogation
      2. Negligence or denial of medical care
      3. Suicide due to abuse or threats
2. Judicial Custody Deaths
   1. Happens when a person dies while in jail or prison, after being sent there by a court order.
   2. Causes may include:
      1. Poor medical care
      2. Violence by inmates or prison staff
      3. Natural causes worsened by neglect

1. NCRB (National Crime Records Bureau):

1. This is a government agency under the Ministry of Home Affairs.
2. It collects and publishes data on various crimes, including custodial deaths, police actions, and human rights violations.

2. Parliament Questions & Answers:

1. In Parliament (Lok Sabha or Rajya Sabha), MPs can ask questions about various issues like police behavior, custodial violence, or deaths.
2. The ministers reply with official figures and explanations.
3. These replies are public documents and are often used to get the most updated or state-wise data.

3. Census 2011:

1. Conducted every 10 years by the Government of India.
2. Provides population statistics for different social groups, including Scheduled Castes (SCs).
3. This helps in understanding whether certain groups (like SCs) are disproportionately affected. For instance:

1. If SCs form 20% of the population but 40% of custodial death victims, that indicates bias or overrepresentation.

Challenges

Way Forward

No police convictions in custodial deaths cases

Establish independent oversight and fast-track courts for custodial death cases.

Underreporting and misclassification of deaths

Mandate transparent post-mortem and third-party forensic investigations.

Judicial delays and lack of proactive inquiry

Strengthen judicial accountability and timelines for inquiry completion.

Disproportionate targeting of Dalits and other marginalized groups

Enforce anti-discrimination laws and implement SC/ST (Prevention of Atrocities) Act strictly

Lack of police accountability and protection by internal mechanisms

Set up police complaints authorities at state and district levels as per SC guidelines

Political interference and lack of will

Encourage parliamentary and civil society oversight; ensure legislative reforms

EnsureIAS Mains Question

Custodial deaths continue to expose the gaps in police accountability and human rights enforcement in India. Critically examine the causes and suggest measures for institutional reform. (250 Words)

EnsureIAS Prelims Question

Which of the following provisions or institutions aim to address custodial violence and ensure accountability of law enforcement agencies in India?

1. Protection of Human Rights Act, 1993
2. National Human Rights Commission (NHRC)
3. Article 21 of the Constitution
4. Lokpal and Lokayuktas Act, 2013

Select the correct answer using the code below:

1. 1, 2 and 3 only
2. 1 and 4 only
3. 2 and 4 only
4. 1, 2, 3 and 4

Answer: a

Explanation:

Statement 1 is correct: The Protection of Human Rights Act, 1993, provides the legal basis for addressing human rights violations, including custodial deaths.

Statement 2 is correct: The NHRC is empowered to inquire into cases of custodial violence and recommend action.

Statement 3 is correct: Article 21 guarantees the right to life and personal liberty, which is violated in custodial deaths.

Statement 4 is incorrect: The Lokpal and Lokayuktas Act deals with corruption in public offices, not specifically with custodial violence or police accountability.