Custodial Violence & Human Rights

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Custodial Violence is worse than terrorism because the authority of state is behind it. -Justce

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Custodial Violence: A naked violation of Human Rights:

Custodial Violence: A naked violation of Human Rights Presented by Alan Jose Manuel, MSW

Content:

Content Introduction Conceptualization of Custodial Violence Aspects of Custodial Violence Remedies Against Custodial Violence Case Study Conclusion

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Introduction

Definition:

Definition Custodial Violence is an trait against human dignity and human rights that springs out of a perverse desire to cause suffering when there is no possibility of any retaliation Or A senseless exhibition of superiority and physical power over the one who is overpowered.

Conceptualization:

Conceptualization The word custody implies guardianship and protective care T he violation of human rights under the shield of uniform and authority between the four walls of a police station, lock-up and prison where the victims are totally helpless.

Cont…. :

Cont…. Custodial Violence is a dark reality in our democratic country governed by “rule of law ”. In a democratic society, the police have the predominant role of protecting the rights of citizens as enshrined in the constitution. But it is well known that they systematically violate their powers and employ torture as part of their investigation process. The poor , the deprived classes, women & political activists are the worst victims of police brutality.

Aspects of Custodial Violence :

Aspects of Custodial Violence There are four major aspects of Custodial Violence: Torture (a) mental (b) physical 2. Sexual Harassment 3. Rape 4. Death

Remedies against custodial violence :

Remedies against custodial violence 1. Constitutional Safeguards Article 20 primarily gives the rights against conviction of offences Article 21 Right to life or personal liberty (to protect the right to be free from torture) Article 22 provides four basic fundamental rights with respect to conviction

Cont…..:

Cont….. These include 1. Being informed of the grounds of arrest, 2. To be defended by a legal practitioner of his choice, 3. Preventive detention laws and 4. Production before the nearest Magistrate within 24 hours of arrest of the person

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2. Statutory Safeguards: Indian Evidence Act, 1872 A confession to police officer cannot be proved as against a person accused of any offence (Sec. 25 Evidence Act) Code of Criminal Procedure, 1973 Sec. 46 and 49 of the Code protect those under custody from torture who are not accused of an offence punishable with death or imprisonment for life

Cont..:

Cont.. Indian Police Act 1861 Sections 7 and 29 of the Act provide for dismissal, penalty or suspension of police officers who are negligent in the discharge of their duties or unfit to perform the same. Indian Penal Code sections 330,331,& 348 were enacted to curb the tendency of policemen to resort to torture to extract confessions

Cont…:

Cont… 3. Judicial Precedents The Supreme Court is heralded as a beacon of rights against torture. provided for guidelines on rights of the arrested persons especially women Medical examination every 48 hours during detention by a doctor from the approved panel of doctors and Copies of all prescribed documents should be sent to the concerned Magistrates

Case Study:

Case Study Video Presentation

Conclusion:

Conclusion Custodial torture must be made a crime by special law The existing laws under the constitution and the rules established by the Supreme Court--though not a complete remedy--should be applied without failure The public--and especially concerned professional groups, including rights groups , NGOs and the media--must closely monitor police practices The central government should be urged to ratify the UN Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment

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Questions &Discussion

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