Custodial Violence and Prison Reforms in India.

Custodial violence a matter of grave concern against scheduled castes and scheduled tribes in Indian
society because it undermines the philosophy of social justice. This situation prevails irrespective of the
national legislations and various international conventions on human rights, as well as the guidelines by
the judiciary. Considering the gravity of the scenario, it is quintessential to analyse the menace from
different angles to arrive at a plausible solution. The paper analyses the concept of Custodial Violence in
India.

When viewed in the legal sense, the Constitution of India provides for the greatest protection in terms
of fundamental rights and consider it to be vital by including them in the directive principles of state
policy. The exhaustive criminal law of the country provides for an array of provisions to safeguard the
individuals, in the substantive law and by providing for procedure that prevent the police officials from
arbitrary exercise of their power. On an international level, custodial violence has been seen as a
matter of basic human right violation. To secure it, we have a wide variety of conventions and to most of
it, India is a party. Another important area through the issue has to be analysed is the role of judiciary in
curbing the issue. The Apex Court in its judgments declared that any form of torture or cruelty, would be
offensive to the dignity and constitute an inroad into the right to life of an individual through a plethora
of judgements.

The paper tries to understand the nature of custodial violence in Indian society . The paper tries to
explore the causes of custodial violence and finally aims to suggest some measures to curb the same.

This Research work is also intended to study “ A Critical study of Prison Reforms in India” as one of the
growing need for an integrated criminal justice system and it has added fuel to the already burning issue
of Prison Reforms.This Research work opens with a brief review of the History of Prisons in India and of
the integrative theory of Penology. A view of punishment that takes into account of retribution and
deterrence but emphasizes correction, reformation and rehabilitation. The Researcher defines the
concept of the Prison as a place where treatment takes precedence over custody is said to be the
foundation for Prison Reform. Because the main obstacle to Prison Reform in India is Overcrowding. It is
first recommended that prison populations be reduced by establishing Local Custodial facilities for
unconvicted offenders and by using community treatment alternatives to minimize short term prison
sentences .If these steps are taken, the prisons can devote their efforts to organizing and planning for
long term inmates. Thus this further study looks at the prior independence as well as post independence
of Prison Reforms, present status of Prisons, Recent trends in Prison reforms and judicial trends related
to Prison Reforms in India.The Researcher has mainly referred to the secondary sources available in the
form of websites as well as books for the purpose of preparing the research work.

Custodial violence, a term that refers to acts of violence that occur within the confines of police or
judicial custody, has been a subject of grave concern in recent times. This form of violence can take
many forms, including physical torture, death, and other forms of excesses while in prison or police
custody.

The subject of police reforms against custodial violence in India often sparks intense debate, particularly
when incidents related to this issue make the headlines. In a significant development in 2020, the
Supreme Court sought the Government’s response regarding the implementation of Section 176(1A) of
the CrPc. This law mandates a judicial inquiry into incidents of deaths, disappearances, rapes, and other
serious incidents that occur within judicial custody. This dissertation delves deeper into the causes, case
studies, and laws related to custodial violence in India.

Understanding Custodial Violence: Key Points

Custodial violence refers to the violent acts that occur in judicial and police custody, where individuals
accused of crimes are subjected to mental or physical torture.
A significant number of custodial deaths are attributed to factors other than custodial torture, including
suicide and death during treatment in hospitals.

One of the major issues with custodial violence is its direct impact on human rights. This form of
violence is a stark violation of human rights and poses a major hurdle in the democratic functioning of a
country.

Although factors such as overcrowding, malnutrition, unsanitary conditions, and lack of medical care
contribute to deaths in police and judicial custody, custodial violence remains a common cause of
deaths in prisons and lock-ups.

Human rights activists and social workers have reported that some of the most egregious violations of
human rights occur during investigations. In their quest to secure evidence or confessions

Custodial violence primarily refers to violence in police custody and judicial custody. Besides death, rape
and torture are two other forms of custodial violence. Custodial violence is not a recent phenomenon.
Sections 330, 331 & 348 of IPC; Sections 25 & 26 of the Indian Evidence Act; Section 76 of CrPC and
Section 29 of the Police Act, 1861 were enacted to curb the tendency of policemen to resort to torture
to extract confessions etc.

Case laws

Sheela Barse v. State of Maharashtra, AIR 1983 SC 378-80In this case, the Court has provided for
guidelines on arrested persons especially women. The Court in this case has also emphasised on the
need for the Magistrate to inform all arrested persons of their right.

Sube Singh v. State of Haryana, 1988 AIR 2235The case revolves around the custodial violence, wherein
the petitioner alleged that he and one another person was illegally detained and was tortured in police
custody and violated Article 21, who filed a writ petition. While granting the judgment, the Apex Court
have provided for six guidelines to prevent custodial violence in India.

Prem Shankar Shukla v. Delhi Administration, 1978 4SCC 494The issue in this case was whether, an
accused should be handcuffed. The court held that, handcuffing tends to mortify the accused,
dehumanizing him and hence is against his personal liberty.

DK. Basu v. State of West Bengal, 1997 SCC (1) 416This is a landmark judgment on the Custodial
Violence in India. The judgment had created a balance between the criminal justice system and basic
human dignity. The Court stated that, any kind of torture that is inflicted upon the convicts in any
manner, during the investigation or after, will come under the purview of Article 21. In this regard, the
Court also stated that, custodial torture is a valued violation of human dignity, which destroys, to a very
large extent, the individual personality.

. Batcha v. State 2011 SCC (7) 45In this case, the respondent policemen wrongfully confined one
Nandagopal in police custody on suspicion of theft and beat him to death with lathis. The accused also
confined several other people who were witness and beat them in the police station with lathis. The
barbaric conduct of the accused in this case shocked the conscience of the Court and it observed that
Policemen should learn how to behave as public servants in a democratic country and not as oppressors.

State of Andhra Pradesh v. N.Venugopal AIR 1964 SC 33In this case, the Apex Court held that, there is no
provision which provides for justifying the torture inflicted by the police officer on the suspects, during
investigation. The court also held that, the custodial torture cannot be justified as something which the
police officer does in the ambit of his duty and that it was the provisions of the law that imposed this
duty on him.

Haricharan v. State of Madhya Pradesh, 2011 SC 207In this case, the Supreme Court reiterated that, life
or personal liberty in Article 21 includes right to live with human dignity. Therefore, it also includes
within itself guarantee against torture and assault by the States or its functionaries.

PRISON REFORMS IN INDIA

After independence of India, the work on the reformation of jails speeded up. So in 1956 the
punishment of transportation was substituted by the imprisonment for life.In 1949 Pakawasha
committee gave the permission to take work from the prisoners in making the roads and for that wages
shall be paid. After that there was a recommendation on prison reforms in 1951 by Dr. W.C. Reckless
(Technical Expert). Later on the committee was appointed to prepare an All India Jail Manual in 1957 on
the basis of suggestions made by Dr. W.C. Reckless.The Govt. of India appointed the All India Jail Manual
Committee in 1857 to prepare a model prison manual. The committee submitted its report in 1960. The
committee was asked to examine the problems of prison administration and to make suggestions for
improvements to be adopted uniformly throughout the India.

The All India Committee on Jail Reforms 1980 -83 was constituted by the government of India under the
chairmanship of Justice Anand Narain Mulla. The basic objective of the committee was to review the
laws, rules and regulations. In the year 1986, A Juvenile Justice Act was enacted and observation homes,
special homes and juvenile homes were constituted where the neglected children and juvenile
delinquent can be admitted and the juvenile delinquent cannot be kept within the prison.In 1987, the
Government of India appointed the Justice Krishna Iyer Committee to undertake a study on the situation
of women prisoners in India.
JUDICIAL TRENDS

The Indian Judicial system has played a significant role in the direction of prisoners and also to ensure
safety and security of the people in custody or inmates are as follows with the help of deciding Case
Laws :

Sunil Batra v. Delhi Administration AIR 1978 SC1675The Apex court held that Prisoners are entitled to all
fundamental rights which are consistent with their incarceration.Emphasizing the need for humane
treatment of prisoners and protection of their basic human rights, the Supreme court in Sunil Batra II
(1983) 3 SCC 488, observed as follows :-“Fundamental rights do not flee the persons as he enters the
prison although they may suffer shrinkage necessitated by incarceration.”Outlining the substantive and
procedural rights to which the prisoners are entitled, the Apex court said : “ Infliction may take many
protean forms apart from physical assaults. Pushing the prisoner into a solitary cell, denial of necessary
amenity and more dreadful sometimes, transfer to a distant prison where visits or society of friends or
relations may be snapped, allotment of degrading labour, assigning him to a desperate or tough gang
and the like, may be punitive in effect. Every such affiliation or abridgment is an infraction of liberty or
life in its wider sense and cannot be sustained.”

D. K. Basu v. State of West Bengal 50 AIR 1997 SC 610It was held that, the information of arrest is
required to be given to the friend or relative of accused immediately, while he is arrested. The purpose
is very clear that, by this communication the relative or friends of accused can start the efforts to know
the facts of accused, to obtain the legal advice and take the defense against an application for remand
and do the necessary preparation for bail.

Rudal Shah v. State of Bihar 1983 AIR 1086It was held that, if the trial against a prisoner concludes into
acquittal the prisoner is entitled as a matter of right to be released forthwith. After an order of acquittal,
he cannot be detained behind the prison walls.

Sanjay Suri v. Delhi Administration (1988) Cr LJ 705 (SC)The Apex Court held that the prison authorities
should change their attitude towards prison inmates and protect their human rights for the sake of
humanity.

Sheela Barse v. State of Maharashtra AIR 1983 SC 378The Supreme Court on a complaint of custodial
violence to women prisoners in jails, directed that those helpless victims of prison injustice should be
provided legal assistance at the state cost and protected against torture and maltreatment.The court
also held that interviews of the prisoners become necessary as otherwise the correct information may
not be collected but such access has got to be controlled and regulated.
Dharambir v. State of U.P (2010) 5 SCC 344The court directed the state government to allow family
members to visit the prisoners and for the prisoners at least once a year, to visit their families under
guarded conditions.

Re Inhuman Conditions in 1382 Prisoners caseThe Counsel for the Petitioner filed before the Supreme
court of India under Article 32 of the Indian Constitution to address the status of Prison reforms in India
and to issue directions, if necessary for prison reforms. The Prisoners are no less human than others and
therefore must be treated with dignity. The Supreme court of India recently on March 14, 2016
delivered a landmark judgment which regard to the legal and constitutional rights of prisoners in India
especially the under trial prisoners. In compliance of the court’s directions the Model Prison Manual
2016 provides for establishment of under trial review committee consisting of Secretary, district service
legal authority along with the district judge, as chairperson, the district magistrate and the district
superintendent of police.

The author has taken recourse to non-doctrinal research methodology by taking reliance on secondary
data especially various authentic reports, newspapers and articles to finish the work. The author would
go for a descriptive analysis when it comes to statistics and other reports in order to obtain a pattern
and to arrive at a conclusion in this study.

REFERENCES:

1. Prof. N.V. Paranjape: Criminology & Penology with Victimology, Central Law Publications, Allahabad,
Fifteenth Edition Reprinted 2012

2. www.indiankanoon.org , Special Research on Cases

3.www.grkarelawlibrary.yolasite.com, Special Research on Historical Aspect of Prison Reforms in India as

4.K.S.Subramanian, “Political Violence & the Police in India”, 2007, Sage Publication India Pvt Ltd.
5.Satish Deshpande, ‘Contemporary India- A sociological view’, Penguin Books India, 2003.