Report on Police Torture and (Un)accountability in India

 A comprehensive report by Common Cause and the Lokniti Programme of CSDS investigates police violence in India, based on interactions with 8,276 police personnel across 17 states and union territories. 

Key Findings

• Perception of Tough Methods:
  • 20% of police believe "tough methods" are crucial to instill public fear.
  • 35% find them "somewhat important," totaling 55% favoring some degree of tough methods.
• Mob Violence Justification:
  • 1 in 4 police justify mob violence in cases of sexual harassment and child lifting.
• Attitude Towards Criminals:
  • 22% believe that killing dangerous criminals is preferable to legal trials.
  • 74% advocate for capturing criminals and adhering to legal procedures.
• Arrest Procedures:
  • 41% report always following procedures, whereas 24% "rarely or never" do so.
  • Kerala shows highest compliance with 94% adherence.
• Third-Degree Methods:
  • 30% justify these methods in serious cases, 9% even in petty offences.
• Victims of Torture: Predominantly from marginalized communities such as Adivasis, Dalits, Muslims, and slum dwellers. 
• Custodial Deaths: Discrepancies in figures from NCRB (76 cases), NHRC (70 cases), and NCAT (111 cases) in 2020, with zero convictions from 2018-22. 
• Training and Reform:
  • 79% of police support human rights training, 71% advocate torture prevention, and 79% endorse evidence-based interrogation.
• Legal Perspectives:
  • The Malimath Committee and Law Commission recommend that confessions to senior officers be admissible with safeguards.

Interviews and Observations

 Interviews with doctors, lawyers, and judges reveal systemic issues such as passive magistrates, inadequate medical examinations, and failure to identify torture signs. 

Contributing Factors to Torture

• Continuation of colonial police culture.
• Lack of accountability and pressure for quick results.
• Inadequate training and public support for shortcuts due to inefficiencies in the criminal justice system.

Global Perspective on Torture

 The report compares global practices, highlighting sophisticated torture techniques in the US and infamous cases in Guantanamo Bay, Abu Ghraib, and other countries. 

Recommendations

• Enact a law against torture and ratify the UN Convention.
• Implement measures to protect police from external pressures as directed by the Supreme Court.

 These steps would promote humane policing, uphold the rule of law, respect human rights, and build public trust.