Sensitise Cops To Curb Custodial Excesses

Context: The efficacy of SC directive of installing CCTVs in all police stations for curbing custodial torture will depend on its implementation by police officers and monitoring by the apex court.

Findings of the various committees and judgements on custodial tortures:

• The Torture Commission (1850): mentioned about the various modes of torture indulged in by the rapacious thana officers (especially Madras presidency).
• The First Police Commission of 1902: set up by Lord Curzon, deprecated the “unnecessary severity” with which the police officers deal with arrested people.
• The National Police Commission: analysed the scourge of custodial violence, recommended a mandatory judicial inquiry followed by suitable deterrent punishment.
  • Absence of sincere departmental inquiries results either in acquittal or minimal punishment of errant police personnel.
• The National Human Rights Commission: issued a clear direction that any custodial violence should be reported within 24 hours and failure to do so would be adversely viewed by the commission.
  • Since its inception, there has not been any appreciable decline in the incidents of custodial deaths (average death in police custody all over the country has been 145 and in jail custody 1,142).
• DK Basu Case: The Supreme Court found a lack of human rights culture in the police.
  • Victims mostly comprise poor, who have no means to raise voice against sub-human behaviour
  • The court prescribed rules to be followed by the police during custodial interrogation and enjoined on the police to provide the details of the arrested persons to their nearest relations.

Reason Behind Rising Instances of Custodial Torture

• Systemic malaise: Police come under pressure to adopt short cuts and illegal methods without caring for mean and become investigators as well as executioners.
• Highly dysfunctional criminal justice system: Cases in the law courts drag on interminably, criminals and terrorists seldom get their just deserts.
• Supervisory cowardice: to deal firmly with complaint against the errant and violence-prone officers.
  • In every police force, encounter specialists have emerged, who are lionised and not chastised by their superiors.
• Lack of transparency in custodial proceedings: To avoid public notice, police torture often takes place in police barracks or quarters or safe houses.

Way Forward:

• Inoculating police with human rights culture: by organising training programmes to sensitise police personnel that misuse of force is self-defeating and alienates the police.
• Commitment by senior police officers: to firmly resist extraneous pressure on police to adopt illegal coercive methods to achieve quick results.
  • Studies show that in Japan, the constant emphasis on rectitude by senior cops has had a wholesome elevating impact on the rank and file.

Conclusion: Installation of CCTVs, though a welcome check, will not do away with the evil practice unless there are strict surveillance and commitment by senior police officers.