VOLUME: 08, Special Issue 10, (IC-ETCIS-2021) Paper id-IJIERM-VIII-X, November 2021 1
PERSPECTIVES ON THE RATE OF CUSTODIAN DEATH AND CRIME IN INDIA Dr. Caroline David
HOD of Economics & FC Department, DTSS College of Commerce, Malad East, Ph.D. Guide at University of Mumbai
Abstract - “Detention torture is one of the most brutal forms of human rights violations. It is banned by the Indian Constitution, the Supreme Court, the National Human Rights Commission (NHRC) and the United Nations. But police across the country hate these institutions. Therefore, there is a need to strike a balance between individual human rights and social interests in order to combat crime using a realistic approach”
The arrival of custodial deaths and torture has reached Shige, according to a report by the National Campaign Against Torture, which states that in 2019 alone, 1,731 people died in custody and approximately 5 deaths each day of the year. This includes 1,606 deaths in judicial custody and a total of 117 deaths in police custody.The blatant abuse of law and authority by the police is not a curious topic as the police are generally expected to use violence to deal with crime, a fictitious estimate of police officers committed to using violence to disable criminals so that they can avoid further. Loss of innocent civilians,this assumption has led to serious violations of the code of conduct among the authorities, leading many to grossly violate their right to dominate the public.The „Fast Justice‟ track, as shown by the police, destroys the pillars built to support social order and justice in our society, a civic power of the state that has the right to create order in society and the responsibility falls on the people themselves to impose vigilance and vigilance.
Keywords: Violence, crime fast justice‟ track, detention, torture.
1 INTRODUCTION
The purpose of this paper is to analyze the role of such methods used by police personnel in which the necessary police reforms already exist or are necessary.An important explanation of this issue is found in the judgment of the Supreme Court,“Prison violence, including torture and death in lock-ups, is a blow to the rule of law, which demands that executive powers should not only come from the law but should be limited by the law. Violence in custody is a matter of concern.For the protectors of citizens, it is understood that it is done by such persons. The victim girl is completely helpless in a four-walled uniform and in the authority dress of a police station or lock-up. Protecting an individual from abuse and misconduct by police and other law enforcement officers is a matter of serious concern in a free society” (DK Basu v. State of Bengal (1991) 1 SCC 416)
1.1 Objectives:-
To examine a history of police brutality, death in custody;
To study which sections of society are vulnerable to illegal detention and abuse;
Identifying human rights violations in police custody using relevant statistics;
Finding irregularities, legal errors and impunity for the police in such cases.
2 RESEARCH METHODOLOGY
This research paper has been researched through secondary sources of information like newspaper articles, books, reports etc.
2.1 Death in Custody
Protected crimes are considered to be the worst crimes in a civilized society. ClosetThe death penalty is a big blow to the state ofCases of death are reported to the police cell. This is discussed in this chapter. Details for escape from police custody and for trials such violations have also been discussed Independently. Violence. People whose rights have been denied by the court cannot be deprived of their basic human rights. The word cell is further divided into two parts. The recorded of death in custody is knownin the following categories:
I. Death police custody / lock up (in police custody, persons were remanded to Court).
II. Death / lock up in police custody persons not remanded to police custody by Court)
VOLUME: 08, Special Issue 10, (IC-ETCIS-2021) Paper id-IJIERM-VIII-X, November 2021 2 3 DEATH/DISAPPEARANCE IN POLICE CUSTODY
A. The court ordered police custody:- 30 were killed or disappearedof persons in police court, meanwhile, sent him to such custodyYear 2015. Such maximum numberDeath or disappearance of personsReported in Assam (6 deaths). 18Autopsies were performed in such deathsThroughout the year.12 A judicial inquiry was ordered and thus the inquiry was conductedSuch deaths were the subject of much investigation held in Andhra Pradesh, Gujarat, and hereRajasthan (2 each) had a total of 9 cases record against police personnel in the highest number of cases related to custodial death was reported in Assam (4 cases). Then West Bengal (3 cases).Charge sheets were filed against 4 persons police throughout the year, 2 from Assam each and Uttar Pradesh. However, there were no police personnel convicted for such offenses throughout the year2015.
B. Not Remanded to Police Custody by Court: A total of 67 deaths or disappearances the man in the police cell, who was not the court remanded him to police custody reported in 2015, which shows an increase9.8% in 2015 compared to 2014 (61 deaths orDisappearance). Mostly such incidents reported in Maharashtra (14) Uttar Pradesh (8), Gujarat (7), and Andhra Region (5), these four states together50.7% (34 out of 67) Death/
Disappearance) Total such Counter deaths/disappearances during 2015.These custodial deaths included 53 autopsies was held during the year 2015. Total38 and 19 Magistrate Inquiry and JudicialInjuries were ordered/taken respectively during 2015, more and more such inquiries took place order and Organized in Maharashtra (12). 24Crimes were filed against the police personnel in respect of such custodial death/disappearance (8 cases in reply region, 3 cases each in Tamil Nadu and 2 cases in Odisha, Gujarat and 1 case each Andhra Pradesh, Assam, Bihar, Haryana, Karnataka, Maharashtra, Punjab, and Rajasthan). Charge sheets were filed against 24 policemen in a custodial context Death/
Disappearance throughout the year (10)Police in Odisha, 6 policemen4 policemen, 3 policemen in Maharashtra, Bihar1 police in Tamil Nadu and 1 in Assam).However, no police officer has been convicted in this manner crime throughout the year
Sr.
No. Death in Police custody/
Lockup
Years/Percentage Change 2013 2014 Percentage Change
Over Previous Year 2015 Percentage change over previous Year 1 Of persons
Remanded to police custody by court
21 32 52.4% 30 -6.2%
2 Of personsnot remanded to police custody by court
97 61 -55.7% 67 9.8%
(Table-13.2)
Fig. 1 Death/Disappearance in Police Custody
VOLUME: 08, Special Issue 10, (IC-ETCIS-2021) Paper id-IJIERM-VIII-X, November 2021 3 3.1 The Cause of Death in Police Custody
34 deaths out of a total of 97 in police it was in custody for their suicide12 deaths after arrest Hospitalized, 11 deaths due to illness, 9 Natural deaths, 6 deaths each from injuries Allies remain in police custody Police beatings and previous injuries Police custody, 5 deaths while fleeing from there Police custody, 3 deaths due to assault by others Criminals and 1 death each due to mob attacksand road accident/travel relationship Investigation.
3.2 Freed from Police Custody
A total of 1,087 cases were reported Under Sections 224 and 225B of the IPC the year 2015 from which 1,338 people fled Police cell.Of the 1,338 who fledPolice cell, 184 people escaped the lockup then saw 1,154 people fleeLockup out. 870 fugitives were re-arrested in 2015, however, only 143 those who escaped the lockup in 2015 were re-arrested. There were indictmentsPresented against 859 persons in connectionIncluding the crime of escaping from police custody. 914Attempts were made on individuals throughout the year, 153 of them. The individuals were convicted. 10,066 tests individuals were pending at the end of the year2015.
REFERENCES
1. K. Basu v. State of W.B., (1993) 2 SCC 746.
2. https://districts.ecourts.gov.in/sites/default/files/fct.pdf
3. https://ncrb.gov.in/sites/default/files/crime_in_india_table_additional_table_chapter_reports/Chapter%20 13-15.11.16_2015.pdf
4. Kishore Singh v. State of Rajasthan, 1981 SCR (1) 995.
5. Sunil Batra (No. 2) v. Delhi Administration, AIR 1980 SC 1579.
6. Wikipedia, https://en.wikipedia.org/wiki/George_Floyd
