Relevance : GS Paper III
Theme of the Article
Isolated innovations are not enough to stop cases of custodial torture.
Why has this Issue Cropped Up?
Recently, in Bihar, there were two victims of custodial torture.
A common Story in India
- Torture is common across police stations in India.
- 40% of complaints received by NHRC are against custodial violence.
Factors Responsible for Custodial Deaths in India
- Top police officials tolerate it citing it as a ‘practical tool’.
- Lower judiciary is not vigilant regarding custodial security.
- Pliant doctors further weaken protections to those in custody.
- Oversight bodies do not show activism in case of complaints.
- Legal precedents towards torture prevention are not paid heed to.
- Political executive must grant permission before public servants can be prosecuted.
Is Custodial Torture Helpful to Reduce Crime?
- Torture is not a useful tool to stop crime besides being illegal and immoral.
- Forced confessions destroys the process of deciding through evidence-based means.
- Torture actually supports more crime by creating a class of criminals.
Way Forward
- Police officers must report any physical torture they know of.
- Prisons should refuse to admit people if they appear injured.
- Disincentives must be put in place to ensure proper accountability.
- India must follow the UN Convention against Torture that it signed.
Conclusion
Let the effort to establish guilt or innocence be lawful and humane.
