Custodial violence represents the most direct negation of the constitutional guarantee under Article 21. In light of the systemic failures exposed by cases like the Jayaraj-Benicks

GS2 Judiciary
Custodial violence represents the most direct negation of the constitutional guarantee under Article 21. In light of the systemic failures exposed by cases like the Jayaraj-Benicks custodial deaths, critically examine the structural reforms needed in India's criminal justice system to prevent custodial torture and ensure accountability.

Examine

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The Hindu

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Introduction

  • Custodial violence strikes at the core of Article 21 (right to life and dignity) and undermines the rule of law.
  • The Jayaraj–Benicks case exposed deep institutional and procedural failures in policing and accountability.

Nature of the Problem

  • Routine Use of Coercion: Torture used for extraction of confessions due to weak investigative capacity.
  • Impunity Culture: Low conviction rates of police personnel and protection under Section 197 CrPC.
  • Opacity in Custody: Lack of transparency in police stations and prisons.

Structural Reforms Needed

  • Police Reforms: Implement Prakash Singh directives—fixed tenure, separation of law & order from investigation, and independent complaints authorities.
  • Legal Safeguards Against Torture: Enact a comprehensive anti-torture law in line with UNCAT, clearly defining and criminalising custodial torture.
  • Strengthening Procedural Protections: Strict enforcement of DK Basu guidelines—mandatory arrest memos, medical examinations, and informing relatives.
  • Independent Oversight Mechanisms: Empower State Human Rights Commissions, judicial magistrates, and police complaints authorities with real autonomy.
  • Use of Technology: CCTV cameras with real-time monitoring, body cameras, and digital custody records to ensure transparency.
  • Forensic and Investigative Capacity: Shift from confession-based to evidence-based investigation through better training and resources.
  • Witness and Victim Protection: Safeguards against intimidation to ensure reporting and testimony.

Challenges in Implementation

  • Political Interference: Limits police autonomy and accountability.
  • Institutional Resistance: Police culture resistant to external oversight.
  • Resource Constraints: Inadequate funding for training, forensics, and infrastructure.
  • Judicial Delays: Slow trials weaken deterrence.

Conclusion

  • Preventing custodial torture requires systemic transformation, combining legal reform, institutional accountability, and cultural change to uphold the constitutional promise of dignity and justice.