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Police Accountability amidst rising Police Brutality

Jul. 24, 2020   •   Samiksha Gupta

Profile of the author: Sampriti is a 2nd year law student of BALLB course, WBNUJS, Kolkata

In a fractured criminal justice system of ours, the death of George Floyd in America is reminiscent of an Indian version of an even worse police brutality. Racist police violence is only a grain before the violations harboured by Indian police system. It may have taken only two custodial deaths of father and son in Tamil Nadu for Indians to get out on the streets, the statistics are much dreadful. What are the necessary police reforms that shall curb the rampant custodial violence?

More than deaths, it was the Police continuously in breach of their constitutional and statutory duty that shook the conscience of the people. P. Jayaraj and his son, J. Benicks were arrested for keeping their shops open past the prescribed period violating the lockdown rules. After two days of custody, both the victims died within a gap of ten hours. It is alleged by the witnesses that assaults administered were of third-degree torture including sexual assaults. Enraged by the murders, many trade bodies gathered to stage a dharna against the police. Taking cognizance of the matter, the Madras High court directed the Tirunelveli District Administration to facilitate the judicial magistrate appointed - M.S. Bharathidasan - for conducting the investigation.[1] However, by no means the intervention of High Court can be lauded for its extraordinary stand. Section 176(1) of Cr. P. C mandates the nearest magistrate to hold inquiry in addition to the police investigation. The magistrate is also vested with all the powers to assist his conduct. Since its amendment in 2005, the section remains majorly dormant.

In 2019, 1731 people died in custody that is deaths of five persons daily. It is only in 298 cases that states have conducted the mandatory judicial inquiry. Shockingly, most of the deaths occur in illegal police custody since their detention is not judicially sanctioned. The police enjoy impunity and successfully evade the accountability by destroying evidence of torture – like hastily cremating the dead bodies without conducting the mandatory post-mortem. [2]

Lack of Police Accountability

While there is a certain degree of accountability noticed in investigating rape cases, but when it comes to deaths and disappearances most of the deaths reflect fictitious details. The executive, the judiciary and the human rights commission have failed to honor their duties in cases as such. The police shut the cases falsely attributing the deaths to suicide or illness and the court accepts the proposition, even though nothing stops them from following law and order. The State might duly compensate the family of the victim through NHRC, but the accused police officers are never pushed for a penal accountability. The legal intervention enshrined in Section 176(1) of Cr. P. C is ignored.[3]

In 2006, in the historic judgement of Prakash Singh vs UOI, the Supreme Court in a slew of directions mandated Police Complaints Authority to be established in every state, where any citizen can lodge a complaint against any police officer for his acts of misdemeanour. Yet, only Kerala, Jharkhand, Haryana, Punjab and Maharashtra have been successful at implementing it. Other states categorize it as a trivial issue. The lackadaisical fashion of the states at handling matters underpins the rampant criminal recklessness in the police system. While convicting five U.P police officers in a custodial death in Delhi, Additional Sessions Judge Sanjeev Kumar Malhotra said that one of the reasons for the custodial death is that the police is empowered to manipulate evidence during the investigation which buries the truth. “They are confident that they will not be held accountable even if the victim dies in custody and even if the truth is revealed.” He added. [4]

Another lacuna in the statute that bolsters police confidence is the requirement of direct evidence in custodial death cases. In State of MP vs Shyamsunder Trivedi, the Supreme Court observed that police, bound by the “ties of brotherhood”, do not cooperate with the judiciary. The law commission in its 113th and 152nd report recommended the insertion of Section 114B into the Indian Evidence Act, 1972 which shall reverse the burden of proof. If the evidence suggests that the injury was caused during the custody, the court may presume the guilt of the police officer in charge. The recommendations have not yet been tabled in the Parliament. [5]

Police Reforms

Other than the recommendation of the law commission, we can take inspiration from other countries. In Northern Ireland, proportionality and necessity of police are assessed by human rights expert. The police-population ratio currently in India is 192 policemen per lakh population, ranked the weakest police forces in the world. [6] In New York, USA, civilians are included in the investigation of allegation of misdemeanour against police officers. Such measures instil civilian confidence in the efficient functioning of the force. [7]

The problem also stems from the behavioural attitude of the officers. Embroiled in understaffed and underpaid service, the working efficiency and mental peace is massively affected. Proper psychological counselling and human rights training might ameliorate the situation, but until all the stakeholders act as an institution to promote justice, all the measures will be a damp squib. Police, judiciary and law enforcement must work in collaboration to empower public and improve the criminal justice system.

Disclaimer: This article is an original submission of the Author. Niti Manthan does not hold any liability arising out of this article. Kindly refer to our Terms of use or write to us in case of any concerns.


FAQ:

Q. When was Indian Police Services (IPS) was established?

A. The precursor of IPS is Indian Imperial Services which was established through Indian Councils Act, 1861 (then named as Superior Police Services). In 1948, the Indian Imperial Services was replaced by IPS. It was created under Article 312(2) of the Indian Constitution.

[1] Poornima Murali, ‘Father-son die after alleged torture by Tamil Nadu Police in Custody’ (News18, 29 June 2020) <https://www.news18.com/news/india/we-pleaded-with-them-to-stop-father-son-die-after-alleged-torture-by-tamil-nadu-police-in-custody-2686111.html> accessed 13 July 2020

[2] Ayeshea Perera, ‘The issue of Police Brutality in India’ (BBC, 27 June 2020) <https://www.bbc.com/news/world-asia-india-53202707> accessed 13 July 2020

[3] Sukanya Shantha, ‘Most States have flouted Mandatory Judicial Inquiry into custodial deaths for 15 years’ (The Wire, 07 July 2020) <https://thewire.in/rights/custodial-death-judicial-inquiry-crpc> accessed 13 July 2020

[4] ‘5 UP Policemen convicted for custodial death of 26 year old’ (Business Today, 18 March 2019) <https://www.businesstoday.in/pti-feed/5-up-policemen-convicted-by-delhi-court-for-custodial-death-of-26-year-old/story/328861.html> accessed 13 July 2020

[5] Raja Bagga, ‘Why custodial deaths often go unpunished’ (Hindustan Times, 05 July 2020) <https://www.hindustantimes.com/analysis/why-custodial-deaths-often-go-unpunished/story-f35QfTkbmuvmxdRn759vII.html> accessed 13 July 2020

[6] Vishnu Padmanabhan, ‘India’s police force among the world’s weakest’ (Live Mint, 19 June 2020) <https://www.livemint.com/news/india/india-s-police-force-among-the-world-s-weakest-1560925355383.html> accessed 13 July 2020

[7] Aditya Ranjan, ‘The laws that can ensure Police Accountability and How they’ve been ignored’ (The Wire, 1 March 2020) <https://thewire.in/government/delhi-riots-police-accountability> accessed 13 July 2020


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