Relevance: GS Paper II (Governance) & GS Paper IV (Ethics) | Source: The Hindu

1. The Bitter Truth: Increasing Custodial Deaths

Recent reports from the National Human Rights Commission (NHRC) and various state bodies show a worrying trend in custodial deaths—which are deaths that occur while a person is in the custody of police or in prison.

• The Reality: Despite many laws, hundreds of people die every year while “behind bars”.
• The Judicial Stand: The Supreme Court has repeatedly said that “the prisoner does not lose their fundamental rights just because they are in jail”.

2. Why Does This Keep Happening?

• No Fear of Punishment: Police officers who beat inmates are rarely punished. This creates a “law of the jungle” instead of the rule of law.
• Extracting Confessions: Because proper scientific investigation takes time, police often use physical force to quickly make an accused person confess to a crime.
• Medical Neglect: Many prisoners die not from beatings, but because crowded jails lack basic doctors, medicines, and hygiene.
• The “Under-trial” Tragedy: Over 70% of people in Indian jails are under-trials. This means the court has not yet proven them guilty. They are technically innocent, yet they suffer the most in violently crowded jails.

3. The Legal Shield: Are Citizens Protected?

A person does not lose their basic human rights just because they are arrested.

• The Constitution: Article 21 guarantees the Right to Life. Even a prisoner has the right to live with dignity.
• The New Laws: Under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), if anyone dies or is harmed inside a police station, a Judicial Magistrate (a judge, not the police) must compulsorily investigate the matter to find the truth.

4. The Way Forward: How to Fix the System?

To stop deaths behind bars, we need strict ground-level actions and committee-backed reforms:

• CCTV Cameras: Install 24/7 CCTV cameras in every corner of police stations and jails (including lock-ups), exactly as ordered by the Supreme Court in the Paramvir Singh Saini case.
• Scientific Investigation: Train the police in modern forensic science and AI-based tools. If police can gather solid scientific evidence, they won’t need to “beat” a confession out of someone.
• Independent Oversight: Create a Police Complaints Authority in every state. This independent body should have the power to fire or punish guilty police officers without any political interference.
• Ratify UNCAT: As suggested by the Law Commission, India must pass a strict “Anti-Torture Law” and officially sign the UN Convention Against Torture to show our global commitment to human rights.
• Changing the Rules of Proof: The Justice Malimath Committee noted that it is almost impossible to find an “independent witness” inside a closed police station. Therefore, the law should make it easier to prove a police officer guilty in custodial violence cases.

Important Terms Simplified

1. 1. Custodial Death: When a person dies while physically held by the police or in a jail.
   2. Under-trial Prisoner: A person who is locked in jail while their court case is still going on; they are not yet proven guilty.
   3. Human Dignity: The basic right of every human being to be treated with respect, even if they have committed a crime.
   4. Forensic Science: Using modern science (like DNA testing and fingerprints) to solve crimes instead of using physical force.

• National Human Rights Commission: established in 1993, under the Protection of Human Rights Act (PHRA), 1993, is an autonomous statutory body responsible for protecting and promoting human rights relating to life, liberty, equality, and dignity.

UPSC Value Box

Summary

Custodial deaths are a deep stain on India’s justice system. The crisis continues because of a high under-trial population, medical neglect in jails, and a culture where police use force to get confessions. The only way to stop this is by installing strict CCTV monitoring, using scientific investigation methods, and passing a strong Anti-Torture Law to punish guilty officers.

One Line Wrap: A prisoner’s freedom may be restricted by the law, but their basic human dignity can never be taken away by the police.

UPSC Mains Question

“Custodial torture is a naked violation of human dignity.” Discuss the reasons behind the high number of custodial deaths in India and suggest practical measures to prevent them. (10 Marks, 150 Words)

Model Hints

• Intro: Define custodial death. Use the Supreme Court quote on “human dignity” to show the ethical failure of the state.
• Body: * Reasons: Mention confession-based policing, the massive 70% under-trial population, and the culture of impunity (officers rarely get punished).
  • Measures: Point out mandatory CCTV cameras (Paramvir Singh Saini case), shifting to forensic science, establishing an independent Police Complaints Authority, and passing a dedicated Anti-Torture Law.
• Conclusion: Conclude that police must shift from a “force-based” colonial mindset to a “rights-based” modern investigation system to protect Article 21.