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CUSTODIAL DEATHS IN INDIA

Custodial Deaths In India

The police are the flag-bearers of law and order across the world. When we approach them with our grievance, we do so with the hope that they would bring us justice. Security is what we expect from the law and order system of our country.


This was refuted by the numerous custodial deaths and the even larger number of instances of inhumane torture to a person in custody regardless of their guilt. A recent report by a rights body revealed that 1,731 people died in captivity in 2019 in India, of which, 1,606 people died in judicial custody and 125 people in police custody. 


Number of Custodial Deaths In India


The most recent well-known case is that of P. Jeyaraj, and his son Fenix, of Tamil Nadu who were arrested for violating the lockdown rules by allegedly keeping their store open past curfew. They were tortured in police custody for two days which ultimately led to their deaths. Considering the extensive injuries that their bodies had suffered, an investigation was set up against the police officers involved. However, the policemen got away with mere suspensions and transfers.



The situation appears direr when we realise that the assault is directed towards particular communities. The above-stated report by the rights body also discloses that a large number of people who have died in police custody belong to socially and economically vulnerable categories, most of them Dalits and Muslims.


Role of judiciary in Custodial Deaths In India



Following the death of George Floyd in the hands of the American police, there was a huge international uproar for justice for his death and the countless others that have lost their lives due to police brutality. ACAB became a common acronym among users of the internet. People in India too offered their support, hearts in solidarity.


What comes across as hypocritical is the fact that the same drive for justice is absent in domestic police brutality cases. While there have been months of coverage of the BLM (Black Lives Matter) movement, apart from the general news headlines and a small stir in social media, custodial deaths in India soon become overshadowed by other news of 'national importance'.


Even though the ends of P. Jeyaraj and Fenix managed to gather enough public outrage to shed light upon this issue, the wrath soon dwindled.


Custodial deaths are not 'once in a blue moon' occurrences. It is a social phenomenon, arbitrary use of power by the body that is established for our protection. Unchecked abuse of such power is detrimental to the society and the criminal justice system of the country. There is, therefore, an immediate need to address the situation before it turns unmanageable. 

 

 

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