Syllabus: GS-II & V: Social Justice

Why in the News?

Police brutality has emerged as a serious governance and human-rights issue in Assam. The recent use of force by police at Golokganj while halting a peaceful rally has sparked outrage in the state.

More About the News

• The Koch-Rajbongshi community, along with five other groups – Tai Ahom, Chutia, Matak, Moran, and Adivasi (Tea Tribes) – has been demanding ST status for years.

• Both the Centre and State governments have been indecisive and delaying action on the matter, leading to repeated protests.

• As part of the repeated protest, the All Koch-Rajbongshi Students’ Union (AKRSU) organised the rally.

• Several protesters were injured due to the unwarranted use of force by Police, though no fatalities occurred.

• The State government has ordered a probe and suspended a police officer in connection with the incident.

About Police Brutality

Police brutality encompasses custodial torture, deaths in custody, excessive use of force, unlawful detention, and disproportionate firing.

• It undermines the rule of law and Article 21 protections.

• It erodes public trust in institutions, aggravates social tensions, and weakens democratic accountability.

• Assam’s legislature and media disclosures in recent years revealed worrying numbers.

• High-profile cases, public protests and judicial orders have forced the issue onto the political and legal agenda, demanding systemic reforms rather than ad hoc responses.

Nature and Pattern

1. Custodial deaths and injuries

• A sustained pattern of deaths in police custody has been recorded in Assam over the last decade.

• NHRC recorded 11 custodial deaths in Assam for 2022–23 and 9 for 2021–22.

• Broader MHA figures note Assam among the highest in custodial and encounter deaths in the North-East.

• Common patterns: delayed production before magistrates, late/inadequate post-mortems, and delays in forensic analysis.

2. Excessive use of force and lethal firing

• Police firings during law-and-order operations, evictions and crowd control have led to significant fatalities.

• Official figures: over 100 deaths in police firing (2016–2024).

• Encounters have sometimes been followed by contested claims about whether force was necessary or proportionate.

3. Procedural failures and lack of evidence transparency

• Arrests not video-recorded.

• Poor custody records.

• Absence of prompt medico-legal certificates.

• Limited CCTV or body-cam footage → weakens transparency.

4. Selective targeting and protest suppression

• Allegations of targeted policing during protests, land-evictions, communal flashpoints.

• Detention of journalists and suppression of dissent raise concerns about free expression.

Root Causes — Why Brutality Persists?

• Militarised policing culture: counter-insurgency experience normalised forceful tactics.

• Weak accountability architecture: Police Complaints Authorities weak or non-functional.

• Institutional and capacity deficits: understaffing, inadequate forensic & training.

• Operational & political pressure: pressure to “restore order quickly” encourages disproportionate force.

• Inadequate forensic/medico-legal systems: weak post-mortem credibility.

• Data opacity: lack of routine public data on custodial incidents and accountability.

Consequences — Governance, Social & Legal Fallout

• Erosion of trust: people fear reporting crimes.

• Legal & fiscal cost: litigation, compensation, prolonged judicial supervision.

• Social polarisation: brutality against marginalised → alienation & communal tensions.

• Democratic chill: detention of journalists/protesters undermines free speech.

Legal and Institutional Framework

• Constitutional Safeguards:

  • Article 21 → Right to life & liberty.

  • Article 22 → Right to counsel & safeguards.

• BNSS (Bharatiya Nagarik Suraksha Sanhita): rules on arrest, remand, production.

• NHRC & SHRC: statutory watchdogs.

Landmark Judgments on Police Brutality

• DK Basu vs State of West Bengal (1997): 11 guidelines against custodial torture (arrest memo, medical exam, magistrate production, arrest register).

• Prakash Singh vs Union of India (2006): structural reforms – State Security Commissions, Police Complaints Authorities, fixed tenures.

• Nilabati Behera vs State of Orissa (1993): state liable for compensation in custodial deaths.

• Inhuman Conditions in 1382 Prisons (2016): improved CCTV, medical aid, legal access.

• Assam context: Gauhati HC & local courts repeatedly ordered compensation & re-investigations in custodial death cases (e.g., Jorhat 2022 case).

Gaps in Current Responses

• Slow & opaque internal inquiries.

• Inconsistent victim support (compensation, legal aid).

• Weak forensic capacity.

• Limited CCTV/body-cam adoption.

• Partial implementation of SC reforms (Prakash Singh).

Policy Recommendations — A Roadmap for Reform

Short-term (Procedural safeguards)

• Mandatory medico-legal exam within 6 hrs.

• Video recording of arrests & interrogations.

• Magistrate-supervised post-mortems.

• Fast-track judicial review of custodial death cases.

Medium-term (Accountability & Oversight)

• Activate Police Complaints Authorities (PCAs).

• Independent investigation wing for custodial death cases.

• Publish open data quarterly on arrests, custodial deaths, complaints.

Long-term (Cultural & Capacity Reforms)

• Human-rights oriented police training.

• Strengthen forensic & medico-legal infrastructure.

• Improve police welfare, reduce workload.

• Build trust via community policing.

Victim Support & Redressal

• Interim compensation + legal aid + counselling.

• Rehabilitation schemes for torture survivors.

Role of Key Actors

• State Govt & Home Dept.: implement procedural changes, invest in technology.

• Judiciary: judicial inquiry, speedy trials, compensation.

• NHRC/SHRC: maintain reporting, push remedial actions.

• Civil Society & Media: document abuses, pressure reforms.

• Police Leadership: cultural change toward rights-respecting policing.

Conclusion

Police brutality in Assam is systemic, not sporadic. It causes loss of life, trust deficit, and legal liability for the state. A sustainable solution needs:

• Procedural safeguards (video recording, medico-legal checks).

• Independent accountability (PCAs, external investigators).

• Capacity building (forensics, training, welfare).

• Victim-centred remedies.
  Only then can policing shift from force-driven control to rights-based law enforcement.

APSC Mains Question

“Police brutality in India, including custodial deaths and excessive use of force, raises serious questions about accountability and the rule of law.” Analyze the causes and consequences of police brutality with special reference to Assam.
(150 Words / 10 Marks)