Imposed by Additional District and Sessions Court in Madurai after death of two persons in 2020 in custody.
About Custodial Deaths
- It refers to death of a person in custody due to torture and inhuman treatment.
- In 2024, National Human Rights Commission (NHRC) reported 2,739 custodial deaths.
Key Issues with Custodial Deaths
- Against Constitutional Values: Custodial torture represent a reprehensible abuse of power given vulnerability of detainees and unequal power dynamics.
- Challenges To Accountability: Due lack of independent investigation as investigation of custodial deaths is conducted by same police department where incident occurred.
- Breach of Human Rights and Dignity: Torture is a grave violation of human rights. E.g. 1972 rape case, involving a tribal woman raped in Police custody in Maharashtra.
- Erosion of Police as an Institution: Use of torture has been linked to perpetuation of a culture of violence within the police force.
Safeguards Related to Custodial Torture
- Constitutional
- Article 20: Grants protection against arbitrary and excessive punishment.
- Article 21: No person to deprived of his life or personal liberty except according to procedure established by law.
- Article 22: Provides protection for individuals against arrest and detention in certain cases.
- NHRC’s Guidelines on Custodial deaths (1993): Reporting of custodial death or rape within 24 hours.
- Previous Supreme Court (SC) Judgements:
- D.K. Basu v. State of West Bengal (1996): SC laid down detailed guidelines governing arrest and detention.
- Paramvir Singh Saini v. Baljit Singh (2020): SC directed installation of CCTV in all police stations.
- Global: Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT): India is a signatory but has not ratified it.
