Custodial violence in India persists not due to absence of law, but due to absence of accountability. In light of the Sattankulam custodial death case, examine the constitutional s

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Custodial violence in India persists not due to absence of law, but due to absence of accountability. In light of the Sattankulam custodial death case, examine the constitutional safeguards against custodial torture, the institutional failures that enable it, and the reforms needed to ensure police accountability in India.

Examine

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The Hindu

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Introduction

The Sattankulam custodial deaths (2020) highlight that despite constitutional and legal safeguards, custodial violence persists due to weak accountability and systemic failures in policing.

Constitutional and Legal Safeguards

  • Article 21: Guarantees right to life and dignity; custodial torture violates substantive due process.
  • Article 22: Protection against arbitrary arrest and detention, including right to legal counsel.
  • Judicial Guidelines: D.K. Basu v. State of West Bengal (1997) mandates arrest procedures, documentation, and safeguards.
  • CrPC Provisions: Sections 41, 41A (arrest guidelines), and 176(1A) (mandatory judicial inquiry in custodial deaths).
  • NHRC Guidelines: Require reporting and monitoring of custodial violence cases.

Institutional Failures Enabling Custodial Violence

  • Impunity and Weak Accountability: Low conviction rates and delays embolden errant officials.
  • Police Culture: Reliance on coercion for confessions due to poor investigative capacity.
  • Political Interference: Undermines autonomy and professionalism of police forces.
  • Lack of Independent Oversight: Police complaints authorities remain ineffective or non-functional.
  • Poor Training and Sensitisation: Inadequate focus on human rights and scientific investigation methods.
  • Custodial Conditions: Absence of CCTV coverage, poor infrastructure, and lack of monitoring.

Reforms for Ensuring Police Accountability

  • Police Reforms Implementation: Enforce Prakash Singh directives—independent complaints authorities, fixed tenure, and separation of functions.
  • Strengthening Oversight: Empower NHRC and State Human Rights Commissions with binding powers.
  • Technological Measures: Mandatory CCTV cameras, body cams, and digital custody records.
  • Legal Reforms: Enact anti-torture legislation in line with UNCAT commitments.
  • Capacity Building: Train police in forensic and evidence-based investigation techniques.
  • Judicial Accountability: Fast-track courts for custodial violence and strict enforcement of penalties.

Conclusion

Custodial violence reflects a governance deficit rather than a legal vacuum. Ensuring accountability through institutional reforms, transparency, and rule of law is essential to uphold constitutional morality.