CUSTODIAL DEATH – VIOLATION OF HUMAN RIGHTS

Abstract

Death as a result of “Torture” in police custody is indeed one of the worst kinds of crime in society governed by the rule of law, that promise to secure its entire citizen, amongst others with justice, liberty and equality. Such cases not only pose serious threat to the orderly civilised society but also are an affront to human dignity.

The word “custody” means caring and protective care. Even applied to advisable arrest or confinement, it does not carry any ominous symptoms of cruelty during custody. No civilized law permits custodial cruelty, a brutal trait that leap out of a preserve desire to cause harm when there is no probability of any retaliation; a sense of superiority and physical power over the one who is over powered or a collective wrath of hypo censorious thinking. It is one of the worst crimes in our civilized society. Torture in custody infringed the basic rights of citizens and is an atrocity to human dignity. The torture or violation caused to the arrested sometime results in the death. The Latin maxim “salus populi est suprema lex” means the safety of the people is the supreme law and “salus republicae est suprema lex” means safety of the state is supreme law, co-exist and not only important and relevant but lies at the heart of the doctrine that the welfare of an individual must yield to the community. Action of the state must be “right, just and fair”. Using any of the torture for any kind of information would neither be “right nor just nor fair” and therefore would be impermissible being offensive of article 21.

Custodial torture is universally held as one of the cruellest forms of human rights abuse. The Constitution of India, the Supreme Court, the National Human Rights Commission (NHRC) and the United Nations forbid it. But the police across the country defy these institutions. Therefore, there is a need to strike a balance between the individual human rights and societal interests in combating crime by using a realistic approach (Joginder Kumar v. State of Uttar Pradesh, (1994) 4 SCC 260)

A father and son -P Jeyaraj, 58, and his son Fenix, 38 -running a mobile accessory shop in Sathankulam town in Tuticorin district were arrested by some policemen allegedly for keeping the shop open past permitted hours. Tamil Nadu has imposed a strict lockdown to curb COVID-19.

The duo was taken to the police station where, as has been alleged by the family members, they were brutally assaulted. A few days later they were pronounced dead in jail. Hence, section 176 Criminal Procedure Code was amended and a special procedure created for investigating custodial deaths.