Tamil Nadu Custodial Death Case a Long History of Police Brutality and Need for Police Reforms and Anti-Torture Law by Gaurav Kumar Yadav and Ayushi Srivastava

Tamil Nadu Custodial Death Case a Long History of Police Brutality and Need for Police Reforms and Anti-Torture Law by Gaurav Kumar Yadav and Ayushi Srivastava

INTRODUCTION

“We have a lot of people that are oppressed. We have a lot of people that aren't treated equally, aren't given equal opportunities. Police brutality is a huge thing that needs to be addressed.”   

                                                                                                                               Colin Kaepernick

“Power tends to corrupt; absolute power corrupts absolutely.”

                                                                                                                                                                                                                                                               Lord Acton

Police brutality or police violence is legally defined as a violation of civil rights where officers use unfair or excessive force against a subject.  This comprises , but is not limited to physical or verbal, persecution , physical or mental injury, property damage and death.[1] Albeit many Indian laws outline the responsibilities and powers of a police officer, many in the force run their jurisdiction like a personal fief where their authority remains far from the rules of the land. The police's interest in civilians ranged from petty corruption and inefficiency to torture, death in custody and rape in the past.  Such examples have reinforced the public's mistrust in the police as an institution, with the ever-increasing politicization of force. Today Police brutality, a dominant concept in India , which violates many civil and human rights by abusing and torturing a person. The Indian Police, established by the British and operating under the Police Act,  of the same time, remains in the news and in debate everyday for its brutality, autocracy and anti-law activities. Death and violence in custody have become so common that we as a population have largely become numb to such instances, unless they are particularly heinous . But recently it came to refer to the police ruthless killing of George Floyd's  in the US and in India, in the context of  brutality of the Delhi Police and inhumanity with youths injured during anti-Muslim violence and Custodial murder of 62-year-old Jayaraj and his 32-year-old son Benix were killed by police at Santhankulam in Tuticorin district of Tamil Nadu. In 2019 we see many protest and attrocities meted out by police to the  students of Jamia Milia islamia and AMU for CAA protest.[2]

TAMILNADU CUSTODIAL DEATH CASE

Before I put down my viewpoint on custodial murder of Jayaraj and Benix I would like to quote Alexander the Great that  “If I can love myself despite of my infinite faults, how can I hate anyone at the glimpse of few faults”.

The working of the Indian police is once again comes to debate at national and international level, in the case of the murder of 62-year-old Jayaraj and his 32-year-old son Benix from police atrocities in the town of Santhankulam in Tuticorin district of Tamil Nadu. On 19 June this year, Jayaraj and Benix were arrested in Thoothukudi, Tamil Nadu for violating the lockdown. Jayaraj's son Benix who had fled to the police station was taken into custody with his father. They were snatched away, sexually assaulted, banged to chest hair with rip-offs and their clothes were left to get wet.  Fenix ​​succumbed injuries on 22 June and Jayaraj succumbed on 23 June. Although the police officers who associated in this brutality were suspended, this was not a sufficient response to this unstrung abuse of authority. The police brutally beat the accused and violated them.  The public should not turn away from such violence and cruelty. Don’t be silent on such issues we have to raise our voices in print or in person we have to stand to eradicate these horrific injustices between us and for creating better tomorrow.[3]

NEEED FOR POLICE REFORM

There is urgent need to reform the police system in India , police brutality and Custodial death become more debatable issue now. If we look the stats then we find why we need to police reform. According to NCRB data from 2000-2006 there were 1,022 reported custodial death case of individuals in police custody. Out of which only 428 FIR were filed and only 5% policeman were convicted for his crime. And in 2017 there are 100 death in police custody and 58were in illegal custody and 42 were in judicial custody. The number of deaths is occurring while people are in Indian police custody. In between 2010 and 2019 ,935 people died in custody of police. In year 2017-18 , 1674 cases registered by NHRC out of which 1530 people died in judicial custody. As per the Torture in India- 2011 published by an Asian Centre for Human Rights 14,31 people i.e. about four people died every day  from 2001-2010 in custody. Andhra Pradesh 27, Gujarat and Maharashtra lead the way in 15-15 deaths.  In 100 Custodial death No policeman has been convicted  so far, whereas 33 policemen were arrested and charge sheets were filed against 27 policemen. 48 policeman were charged  in 56 cases of human rights abuses in 2017, but merely 3 people were punished.  It is apparent that inappreciable  action is taken against the delinquent policemen in cases of atrocities.[4]

Police brutality has been generalised to the extent that it is a part of our mainstream recreation which often been dignify in recent times - but this representation cannot be away from the truth. In 2019 A survey conduct and report of this survey  (  “Status of Policing in India Report – 2019”)  which shows 2 out of 5 police personal surveyed on Bihar and 1 out of 5 , in six other states not received Training of human rights . In absence of proper training, most police personnel believe in violence against criminals, whether accused or convicted.[5] Looking the stats it become clear that the government must do reform in police system the act by which the Indian police is governed is “ Indian Police Act of 1861”. At present, there is no independent system for investigating complaints of police misconduct, while the National Police Commission recommended a special independent law for this. National and State human rights commission were formed at present but not effective in anyway. The situation is so bad that no government has followed the Supreme Court's order of police reforms.  The extent is that no political party has made it a political question either. There is urgent need of reforms in police.

NEED OF ANTI-TORTURE LAW

In Recent the issue of need of Anti torture law in India was put in parliament and the Supreme Court is also set to decide an interactive application on a similar case. There are many laws in India but they are insufficient to tackle the custodial torture. In the 21st century, the term atrocity is synonymous with the darker side of today’s human civilization. Neither in Constitution or nor in any penal statues define custodial torture. In its 273rd report Law Commission of India recommended to implement the United Nations Convention against Torture as law in India. After 21 years of singing of UNCAT still India neither make any national law and nor rectify it . After seeing the situation and increase in the custodial death and police brutality the Indian government must passed a national laws and rectify it .

CONCLUSION

Now it is clear from  discussion  that our police is very brutal , authoritarian and love to break laws, few of the factors stated above. Therefore, it is need to change the conduct of this police it is important to have a democratic society and rule of law. If society wants it to have a kind, susceptive and law-abiding police, therefore radical reforms are needed in the police system,  which is not done by any government or Present capitalist party they were not wants to do. And the judiciary must  pay  more attention to such horrific and serious misuse of authority and analyze every complaint and justice to be done and bring the justice to the peccant.  Here the time comes to bring a Anti torture law. After signing the UN convention on Anti torture in 1997 UNCAT government must rectify it and make laws on this which make police brutality and custodial death a serious crime because it is serious threats to Democratic society, government have to look into the laws like UAPA , NSA , Special Armed forces Act. In every democratic society citizens have right to move free and speak freely and have dignify life. When police torture any person people have to start raising the voice of the victim if people silent on that matter then it means they give legal sanction to this illegal act of police and  stop glorifying the illegal act of police and don’t depict them as Judge and Executor.



[1] Emesowum, Benedict (5 December 2016). "Identifying Cities or Countries at Risk for Police Violence". Journal of African American Studies21 (2): 269–281

[2] https://sabrangindia.in/ article/India’s-dark-history-custodial-abuse

[3] https://www.jurist.org/commentary/2020/07/ naina -matthew-police-brutality-India

[4] Torture in India – 2011“, published by an Asian Centre for Human Rights

About Author

  • Gaurav Kumar Yadav 
Faculty of Law
  • Ayushi Srivastava 
School of Law
Galgotia University