|
|
|
|
Custodial Violence
Custodial violence primarily refers to violence in police custody and judicial custody. Besides death, rape and torture are two other forms of custodial violence. Custodial violence is not a recent phenomenon. Sections 330, 331 & 348 of IPC; Sections 25 & 26 of the Indian Evidence Act; Section 76 of CrPC and Section 29 of the Police Act, 1861 were enacted to curb the tendency of policemen to resort to torture to extract confessions etc.
It is important to note that despite these legal provisions, custodial violence continues to occur. Table 1 gives details of custodial deaths reported by state governments to the National Human Rights Commission (NHRC). It may be mentioned here that according to the December 1993 guidelines of the NHRC, every incident of custodial death or rape must be reported by the state governments to the Commission within 24 hours of occurrence. Information on custodial deaths should be followed by a post-mortem report, a video-graphy report on the post-mortem examination, an inquest report, a magisterial enquiry re deaths occur due to illness and old age. The remaining 20 per cent deaths are caused by medical negligence, violence between prisoners or suicide. As regards deaths in police custody, the reasons are torture, illness, suicide or accident. Deaths in judicial custody is directly linked to the number of prison population during a given period. One of the serious problems that Indian prisons are facing today, as discussed in May 2004 issue of Human Touch, is the problem of overcrowding. Overcrowding leads to deficiencies in basic services like medical facilities, food quality and others which adversely affect the prisoners.
Considering the gravity of the situation, it may be argued that there is a strong need for better custodial management. Role of police personnel is crucial in this regard. They should be trained in matters pertaining to human rights and prison management. There should be adequate number of medical and women personnel in prisons. In the opinion of the NHRC, the Human Rights Cells established by the State Governments should play a more proactive role in improving conditions in the prisons, including the provision of health and related facilities. State Governments should take up this matter on a priority basis.
Custodial Deaths Reported by the State Governments to the NHRC (1993-2001)
| Year | Police Custody | Judicial Custody | Others | Total |
| 1993-1994 | No Available | Not Available | Not Available | 34 |
| 1994-1995 | 111 | 51 | 9 | 171 |
| 1995-1996 | 136 | 308 | 0 | 444 |
| 1996-1997 | 188 | 700 | 0 | 888 |
| 1997-1998 | 191 | 807 | 0 | 998 |
| 1998-1999 | 180 | 1106 | 0 | 1286 |
| 1999-2000 | 177 | 916 | 0 | 1093 |
| 2000-2001 | 127 | 910 | 2 | 1039 |
| 2001-2002 | 165 | 1140 | 2 | 1307 |
Source: National Human Rights Commission, Annual Report 2001-2002 , Annexure 7, pp.360-61
There is also a need to amend Section 36(1) of the Protection of Human Rights Act, 1993 dealing with ‘matters not subject to the jurisdiction of the Commission', as this Section is used by State government to bypass the NHRC. Constant vigil by organisations like NHRC and different non-governmental organisations working for protection and promotion of human rights coupled with efficient custodial management would be able to address the problem of custodial death, rape and torture in the country.
There is also a need to amend Section 36(1) of the Protection of Human Rights Act, 1993 dealing with ‘matters not subject to the jurisdiction of the Commission', as this Section is used by State government to bypass the NHRC. Constant vigil by organisations like NHRC and different non-governmental organisations working for protection and promotion of human rights coupled with efficient custodial management would be able to address the problem of custodial death, rape and torture in the country.
Meaning
The term custodial violence has not been defined under any law. It is a combination of two word custody and violence. The word ‘custody’ implies guardianship and protective care. Even when applied to indicate arrest or imprisonment, it does not carry any evil symptoms during custody. In a law dictionary the word ‘custody’; has been defined as charge and with regard to a person in imprisonment: judicial or penal safekeeping. As Per Chamber Dictionary, the condition of being held by the police, arrest or imprisonment is called ‘custody’. As Per Legal Glossary Dictionary, custody is imprisonment, the detaining of a person by virtue of lawful Power or authority.
Section 167 of the Code of Criminal Procedure speak about two type of custody i.e. police custody and judicial custody. As per section 167(1) of Cr. P.C., “the magistrate to whom an accused person is forwarded under this section may whether he has or not has jurisdiction to try the case, from time to time, authorize the detention of the accused in such custody as he may think fit. Provided that the magistrate may authorize the detention of the accused person, otherwise than in the custody of the police, beyond the period of 15 days if he is satisfied that adequate ground exist for doing so. So as per section 167 (1) of Cr. Pc. 'police custody' can be granted for a maximum period of fifteen days only' Police custody basically means police remand for the purpose of interrogation. In law actually a police officer has two occasion to keep a person in its custody firstly, from the period when he arrest a person till he produce the said person in the court i.e. first 24 hours of the arrest of accuse. Secondly, when police gets, remand from court after producing the accuse in the court which can be extend up to a maximum period fifteen days, thereafter, a person is sent in judicial custody which in general terms means jail or prison, where an accuse remain in custody till he gets bail or if convicted and sentenced to jail till the completion of sentence. As per law, ‘custody’ of a person begins when the police arrest him.
Other type of custody as mentioned earlier is ‘judicial custody’ which means sending a person in jail or prison. As per section 3 (1) of ‘The Prison Act, 1894’, ‘Prison’ means any jail or place used permanently or temporarily under the general or special order of a State Government for the detention of prisoners and include all land and building appurtenant thereto, but does not include:-
(a) Any place for the confinement of prisoners who are exclusively in the custody of police; or
(b) Any place specially appointed by State Government under section 541 of the old Criminal Procedure Code, 1882,
(c) Any place, which has been declared by the State Government by general or special order to be subsidiary jail.
The term ‘violence’ is the state or quality of being violent, excessive unrestraint or unjustified force, outrage perforate injury. ‘Violence’ in its literal sense has been defined as the use of force by one person over another so as to cause injury to him. The injury may be physical, mental or otherwise. The simple definition of violence is behaviour designed to inflict injury on a person or damage to property.
Custodial violence is a term, which is used for describing violence committed against a person by a police authority. Thus, custodial violence can be defined as “an inhuman trait that springs out of a perverse desire to cause suffering when there is no possibility of any retaliation; a senseless exhibition of superiority and physical power over the one who is overpowered.” According to Law Commission of India, crime by a public servant against the arrested or detained person who is in custody amounts to custodial violence. According to Dr. S. Subramaniam, “Any use of force threat psychological pressure is termed as custodial violence. According to Justice B.P. Jeevan Reddy, “Custodial violence includes torture, death, rape and excessive beating in police custody”
|
b
|
No comments:
Post a Comment