NHRC Notice to Odisha Govt Over Custodial Death

21-08-2024

The National Human Rights Commission (NHRC) has issued a notice to the Odisha government, seeking an explanation regarding the custodial death of an individual and considering recommending monetary compensation to the deceased's next of kin.

What is Custodial Death?

Custodial death occurs when a person dies while in the custody of law enforcement or correctional facilities. Causes can include excessive force, neglect, or abuse by authorities.

The Law Commission of India defines custodial violence as violence by public servants against those in their custody.

Judicial Pronouncements on Custodial Death:

Kishore Singh vs. State of Rajasthan (1981): The Supreme Court ruled that third-degree methods by police violate Article 21 of the Indian Constitution.
Nilabati Behera vs. State of Orissa (1993): The state is liable for compensation in cases of custodial deaths due to police negligence or brutality.
Joginder Kumar vs. State of Uttar Pradesh (1994): The Court highlighted violations of human rights due to indiscriminate arrests.
D.K. Basu vs. State of West Bengal (1997): The Supreme Court set guidelines to prevent custodial torture, including requirements for arrest memos and access to medical examination.

Custodial Death Guidelines:

Third-Degree Methods: Police should avoid using third-degree methods.
Environment and Training: Regular checks and training for police on human values.
Section 114-B: A proposed law for presuming injury during police custody.

Ethical Concerns Associated with Custodial Deaths:

Issue	Description
Violates Human Rights and Dignity	Inflicts harm and strips individuals of dignity.
Undermines Rule of Law	Contradicts principles of justice and equality.
Presumption of Guilt	Violates the principle of "innocent until proven guilty."
Opposes Professionalism and Integrity	Breaches ethical standards of law enforcement.

Measures to Prevent Custodial Torture:

Strengthening Legal Systems: Enforce laws against torture and ensure accountability.
Police Reforms and Sensitization: Improve training, oversight, and promote a culture of accountability.
- Example: Prakash Singh Case (2006) led to directives for police reforms.
Empowering Civil Society and Human Rights Organisations: Advocate for victims, provide legal aid, and collaborate with international bodies.

International Conventions on Human Rights and Custodial Torture:

India is a signatory to several conventions that address custodial torture and human rights:

United Nations Convention Against Torture (UNCAT)
Universal Declaration of Human Rights (UDHR)
International Covenant on Civil and Political Rights (ICCPR)
Convention on the Elimination of All Forms of Racial Discrimination
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Convention on the Rights of the Child
Convention on the Rights of Persons with Disabilities
International Covenant on Economic, Social and Cultural Rights (ICESCR)

Conclusion:

The NHRC's notice to the Odisha government highlights serious concerns regarding custodial deaths and emphasizes the need for strict adherence to legal standards and human rights norms. Effective measures and reforms are crucial to prevent such incidents and uphold the rule of law and human dignity.