How can custodial deaths be prevented in India through better governance and accountability?

Custodial deaths are a serious issue in India, raising concerns about human rights violations and lack of accountability within law enforcement agencies. Preventing such incidents requires a multi-pronged approach involving legal reforms, improved governance, and robust mechanisms for oversight and accountability.

• Strict Implementation of Existing Laws: Ensure that provisions under the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and the Protection of Human Rights Act are strictly followed by police and security personnel.
• Police Reforms:
  • Establish independent police complaints authorities at state and district levels as recommended by the Supreme Court (Prakash Singh case).
  • Separate investigation and law-and-order functions to reduce pressure and scope for abuse.
• Use of Technology:
  • Install CCTV cameras in all police stations and lock-ups with regular monitoring by independent bodies.
  • Maintain digital records of arrests, interrogations, and medical examinations.
• Mandatory Medical Examination: Ensure timely and regular medical check-ups of detainees to detect and document any signs of abuse.
• Training and Sensitization: Conduct regular human rights and ethics training for police and security forces to promote humane treatment of detainees.
• Judicial Oversight:
  • Magistrates should routinely inspect police lock-ups and interact with detainees.
  • Ensure prompt judicial inquiry in all cases of custodial deaths as mandated by the National Human Rights Commission (NHRC).
• Strengthen Accountability Mechanisms:
  • Hold officers personally liable for violations, with strict penalties for those found guilty of torture or custodial violence.
  • Protect whistleblowers and witnesses who report custodial abuse.
• Legal Aid and Awareness: Provide free legal aid to detainees and make them aware of their rights at the time of arrest.
• Community Participation: Involve civil society organizations in monitoring and reporting custodial practices and advocating for reforms.