CUSTODIAL VIOLENCE

CUSTODIAL VIOLENCE

According to the Law Commission of India, crime by a public servant against the arrested or detained person who is in custody amounts to custodial violence.

Constitutional Provisions

1. Article 20: Right to protection against the conviction of offenses.
2. Article 21: Right to life and liberty.
3. Article 22: Right to protection against arrest and detention in certain circumstances.

• Being informed of the grounds of arrest.
• To be defended by a legal practitioner of his choice.
• Production in the nearest magistrate within 24 hours of the arrest.
  

Judicial Pronouncements

• K. Basu v. State of West Bengal, 1987: Under this case, the Supreme Court of India observed that using torture is impermissible and offensive to Article 21.
• Nilabati Behera v. State of Orissa (1988): It ensured that the state could no longer escape liability in public law and had to be compelled to pay compensation.
• Rama Murthy v. State of Karnataka (1996): The SC while upholding fundamental rights of prisoners identified ‘Torture and ill-treatment’ in prisons as an area that needs reform.
• DK Basu Case: The court observed that custodial death is a matter of concern and it is more aggravated as it is committed by the protector of the citizens.

Reasons Behind Custodial Violence

1. Institutional
   • Procedural Pressures: Sometimes police face pressures to find criminals to solve a case; custodial violence is used to illicit confessions and secrets.
   • Judicial Delays: Such delays give more time to the police to interrogate and thus result in torture and assault.
   • High Crime Rates: Disproportionate ratio between crime rate and manpower.
   • Politicised: Political and bureaucratic influence or public pressure may lead to police taking up assault.
   • Punitive Violence: Stems from the culture of physically beating any criminal for his wrongdoing before presented to the court.
   • Lack of Faith in Judicial Process: Frequently violent offenders get bail and escape the judicial process, thus police resort to such tactics.
   • Lack of Training: Police are low on Human Rights concepts and lack experience in scientific methods in crime investigation and interrogation of the accused. Inadequate training, etc.
2. Psychological
   • Deterrence: Such beating and thrashings can deter any potential criminal from crime, and thus police resort to it to deter any future offenders.
   • Positive Reinforcement: Such activities lead to personal glorification and create appreciation and admiration amongst other police officers.
   • Feeling Invincible: Police officers feel beyond the scope of humanitarian accountability and thus think they will not be questioned.
   • Intolerance: Due to police intolerance towards psychological aberrations of the custodian like sadism, sexual weakness, social hatred, etc.
3. Others
   • Societal Pressure: Sometimes the police commit such beatings to calm public sentiments affected by the acts of the person in custody.
   • Absence of Strong Legislation: India does not have anti-torture legislation and is yet to criminalise custodial violence.

Need to curb

• International Standards: India, being a signatory to international standards of human rights, must also uphold those same principles.
• Human Rights: Custodial violence deprives a person of his most basic human right and the right to fair treatment by law.

• Tarnishes Police image: It makes the police feared rather than respected and people fear approaching them.
• International Fugitives: Absence of safeguards on Custodial Violence has been one of the reasons why extradition of offenders like Vijay Mallya is difficult for India.
• Procedure established by law: It enforces the fact that none is above the law, and punishment can only be given through procedures established by law.

Ways to Curb Custodial Violence

1. Institutional
   • Mandatory Enquiry: There must be more efforts to create an inquiry system into such cases and also bring those responsible to justice.
   • Police Sensitisation: Officers and stations have to be properly trained and sensitised over accountability policing.
   • Counselling: Those officers having a past history of temper issues and violent acts should be put under guidance counselling and psychological evaluation.
   • Police Infrastructure: Improving police infrastructure can also improve police morale.
     • Example: CCTV cameras can ensure police remain accountable.
2. Legislative
   • UN Convention: India can ratify the already signed UN convention on torture in line with international standards.
   • Domestic Legislation: The Centre can enact legislation protecting the rights of those in custody and detailing penal provisions for those who engage in it.
3. Procedural
   • Documentation: Police must ascertain all the medical conditions of those taken in custody and provide sufficient medical aid to those who require it.
   • Criminal Offence: The Law Commission has suggested criminal action be taken against officers who commit custodial violence.
   • Identify Hotspots: State agencies must engage in identifying any hotspots or officers who are accused of such acts frequently.
4. Others
   • Compensation: Compensation must be provided to the victim or their family in case of death.
   • Police Reforms: Reforms must be undertaken in terms of staff training, infrastructure, and enforcement of legal provisions.
   • 3rd Party Inspections: Unrestricted and regular access to independent and qualified persons to places of detention for inspection should also be allowed.
   • Empowering NHRC: Constant vigilance by organisations like NHRC and different non-governmental organisations.

Notable Cases:

• On June 19, P. Jeyaraj (58) and his son Bennix (38) were arrested for allegedly violating the lockdown rules of the state by keeping their store open past the allowed hours in Tamil Nadu.
• Police in Bhagalpur blinded 31 persons in custody with the use of acid in 1980.
• 1971 Cossipore-Baranagar massacre in which reportedly 150 youths alleged to be Naxals or having links with them were killed.

The adoption of an effective mechanism for police will enable supervisory structures to reduce custodial violence in all its forms. The above-mentioned reforms should be supplemented with strong ethical policing principles. The need of the hour is that the government should ratify the United Nations Convention against Torture, which was also recommended by the Law Commission in its 273rd report.

LEGALISING BETTING IN INDIA

Betting is defined as the action of gambling money on the outcome of a race, game, or other unpredictable events. Public Gambling Act, 1867 is the only law governing gambling in India. However, state legislatures can form state-specific gambling laws. Recently, the government has been mulling on legalising betting.

Advantages of Legalising Betting:

• Curb black money and laundering: With revenue from betting becoming legitimate, it will reduce the cash flow in the black economy.
• Taxable source: It can be a good revenue source for the government for taxation.
• Removes discrepancies: In India, horse racing (a form of betting) is legal, whereas other sports betting is not; legalising betting will remove such issues.
• Source of developmental funds: Globally, sports betting funds are utilised in many good causes and developmental purposes.
• Decriminalises the act: Currently, millions are involved in betting activities and risk being persecuted for the same.
• Attractive options: The IPL, being one of the biggest leagues in the world along with the ISL, can attract many foreign participants in its betting market.

Disadvantages of Legalising Betting:

• Creates vulnerability: Betting can exploit the lower sections of society disproportionately, similar to the effects of alcohol.
• Technical issues: For legal sports gambling to gain acceptance, several technical challenges must be solved, including peer-to-peer wagering, machine learning models, cybersecurity, and blockchain.
• Stigma: Betting traditionally carries stigma and disrepute in Indian society.
• Impact on youth: As sports are popular with the youth, betting can have a negative impact on youth who may neglect their education.
• Family Debt: Betting can increase the debtfulness of families and, in turn, lead to more poverty, domestic abuse, and alcoholism.
• Destroys sport spirit: Sports will lose its intrinsic value and become merely a money-making activity.

Examples around the world

• United Kingdom: The laws are made with the objective that such games do not give rise to crimes in the country. The Act also establishes a Commission to oversee the activities of gambling and the provisions of licensing as well.
• Australia: It provides regulations for licensing and online gambling in Australia. The Act emphasises legal gambling through licensing and excludes lottery services. Apart from it, every State has its own regulation for gambling.

Way Forward:

• Upper caps: There can be a maximum count for betting per day to limit transactions and possible losses.
• Regulatory body: There can be a body to regulate the whole betting industry with powers to issue and suspend licenses.
• Transactions linked with KYC norms: For efficient oversight and trail of money.
• Limiting foreign participation: This can ensure money from questionable sources does not enter India.

India must follow the good examples of other nations while deliberating on the issue; the sports market is very lucrative and can be a useful avenue for revenue generation.