Hostile witness, doctored evidence, erring judges: Justice K. Chandru on why police are not convicted for custodial violence | Data Point podcast
Apr 13, 2023
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Justice K. Chandru, a former judge, discusses the shocking low conviction rates for custodial violence. Topics include the link between custodial violence and caste, the role of CCTV cameras, challenges in obtaining scientific evidence, and the power structures that perpetuate crimes.
The implementation of constitutional guarantees and Supreme Court guidelines for protecting detainees from custodial violence is lacking at the ground level, allowing police excesses to go unpunished and undermining accountability.
Custodial violence disproportionately affects marginalized communities, with power structures and discrimination contributing to the perpetuation of these crimes, highlighting the need for comprehensive social transformation.
Effective solutions for combating custodial violence require reforms such as improved investigation techniques, better training for law enforcement, increased civilian supervision, and dismantling deep-rooted power structures, but the path to justice and accountability is complex.
Deep dives
The issue of custodial violence and death
Custodial violence, torture, and death continue to be a horrific issue in India, with recent cases highlighting the ongoing problem. The alleged torture of detainees in Ambasamudram, Tamil Nadu, brought the issue back to the forefront. Despite the constitutional guarantees and guidelines set by the Supreme Court, accountability for these incidents remains shockingly low. Data from Lok Sabha and NCRB reveals a concerning number of custodial deaths, particularly in Tamil Nadu and Uttar Pradesh. However, very few officers are charged, arrested, or convicted. The reasons behind this lack of accountability and the power structures favoring the police are deeply ingrained, pointing toward the need for comprehensive systemic changes.
Legal framework and loopholes
Article 21 of the Indian Constitution provides protection and liberty to individuals, further elaborated in Article 22.1. The Supreme Court issued guidelines in the DK Basu case, aiming to safeguard the rights of pretrial accused. However, the implementation of these guidelines at the ground level, particularly by magistrates, is often lacking. The interpretation and application of the law, loopholes, and a lack of proper investigation create room for police excesses to go unpunished. The low conviction rate and the limited scope for civil damages further hinder accountability.
Caste angle and power structures
Custodial violence disproportionately affects marginalized communities, particularly scheduled castes. The power structures within villages and the influence of dominant castes contribute to the perpetuation of these crimes. The lack of support from the community and the fear of reprisal lead to witnesses turning hostile. The erosion of constitutional rights and discrimination faced by these communities exacerbate their vulnerability to custodial violence. Dismantling these power structures requires not only legal measures and enforcement but also a comprehensive transformation of the social system.
Importance of reform and challenges
To address the issue of custodial violence effectively, various reforms are necessary. These include robust investigation techniques, better training for law enforcement personnel, increased civilian supervision, and technological advancements like CCTV cameras in police stations and jails. However, the challenges of systemic change, resistance from the police, lack of implementation of guidelines, and the need to dismantle deep-rooted power structures make the path to justice and accountability a complex one.
Conclusion
Custodial violence, torture, and death perpetuate an ongoing problem in India, with marginalized communities being disproportionately affected. The lack of accountability, loopholes in the legal framework, and power structures that favor the police contribute to the perpetuation of these crimes. To bring about meaningful change, comprehensive reforms, including better implementation of guidelines, enhanced investigation techniques, increased civilian supervision, and significant social transformation, are crucial.
Following a case of custodial violence in Ambasamudram in Tamil Nadu, the issue of police excess is back at the forefront. Lok Sabha data shows that 478 deaths were reported in Tamil Nadu while suspects were in judicial or police custody between 2016-17 and 2021-22. Uttar Pradesh recorded 2,580 deaths in judicial or police custody, the highest among all states. Despite this, conviction rates are shockingly low. Data from the National Crime Record Bureau shows that in Tamil Nadu, not a single police officer was charge sheeted, arrested or convicted for custodial violence in the past five years. Across India, only 286 magisterial or judicial enquiries were ordered, 79 charge sheets were issued and 114 police officers were arrested, while none were convicted.
To understand why holding police officials accountable is difficult, The Hindu speaks with retired Madras High Court Judge K. Chandru. This is part one of a two-part series on custodial violence.
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