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This paper examines the issue of custodial deaths while in police custody. Custodial violence has grown to be a serious human rights and criminal law issue, as well as one of the most significant im-pediments to democracy and the advancement of human well-being in modern societies. Despite the existence of several laws in our judicial system, the problem of custodial violation remains.

To Determine the Custodial Reforms.

When it comes to justifying their actions, this paper emphasises on the fact that those officers involved in the misbehaviour as individuals do not represent the police as an institution. This paper further stated that facts and statistics are rarely used to judge cases of misconduct, and that their actions are interpreted according to popular beliefs. Finally, the study looks at what has been done so far to combat the threat of custodial violence and what more needs to be done. It also believes that police changes in India are urgently needed, and that the Supreme Court of India's directives in Prakash Singh v. Union of India must be followed.

To deal with the custodial violence our Indian legal system contains a slew of regulations governing police behaviour in detention and dealing with instances of torture. Various laws and statutes, including Section 76 of the Code of Criminal Procedure, Sections 330, 331 & 348 of the Indian Penal Code, Section 29 of the Indian Police Act, Sections 25 & 26 of the Indian Evidence Act, and the Constitution of India, explicitly outline legal remedies. In spite of these precautions, India was unsuccessful to put these legal measures into effect. India is a signatory to many conventions against torture, including the “International Covenant on Civil and Political Rights (ICCPR), the Universal Declaration of Human Rights (UDHR), and the United Nations Convention Against Torture (UNCAT)”. Torture and the use of brutal means and methods against humans are likewise prohibited under these accords. "Every state party should adopt effective legislative, administrative, judicial, or other measures to prohibit acts of torture in any area under its authority," according to UNCAT's Article 2(1). "No one should be subjected to torture or cruel, inhuman, or degrading treatment or punishment," says Article 5- “of the Universal Declaration of Human Rights. Article 7 of the ICCPR is also crucial in that it prohibits governments from torturing people for whatever reason”. As a signatory to international treaties, India has a responsibility to comply and not violate their requirements.[1]
All of the above-mentioned statutes deal specifically with police conduct and the validity of confessions made while in police custody. In India, jail reforms resulted from the worst circumstances of treatment experienced by political prisoners in prison during their detention, rather than from a popular movement. They protested with the prison officials on several occasions, and they did everything they could to ensure that detainees were treated humanely and that the rigours of prison life were lessened. All of the above-mentioned statutes deal specifically with police conduct and the validity of confessions made while in police custody. In India, jail reforms resulted from the worst circumstances of treatment experienced by political prisoners in prison during their detention, rather than from a popular movement. They protested with the prison officials on several occasions, and they did everything they could to ensure that detainees were treated humanely and that the rigours of prison life were lessened.[2] N.V. Ramana, India's Chief Justice, voiced alarm over the extent of human rights breaches at police stations around the country. "Despite constitutional declarations and protections, detained individuals suffer greatly from a lack of efficient legal counsel at police stations," he stated. Though a reality check reveals that the scenario isn't as terrible as it appears, and that attempts have been made to enhance the protection of human rights system in police stations.[3]
Custodial Violence
Custodial violence is the most visible of our criminal justice system's numerous systemic failings in securing justice and maintaining equal rights for everyone because of its pervasive and heinous character, which turns the very guardians of the law into criminals. The police, who are tasked with upholding the rule of law, are involved in some of the most heinous acts of cruelty. It is more shocking than the severity is the casualness with which this procedure is being carried out. In interviews, police officials have said publicly that torture is essential to get a confession from an accused person. Our reaction has implicitly legitimised the savagery, from the film industry's loud celebration of the concept of a violent police force to public spectacles featuring glorification of encounter killings.[4] The inadequacy of judicial response, the lack of political will, and the collusion of state machinery, which has repeatedly failed to comprehend the importance of enacting far-reaching police reforms, are all testaments to the inadequacy of judicial response, the absence of political will, and the collusion of state machinery.[5]
Judicial Response
The statistics on guilty officers' conviction rates are not promising. In an landmark judgement, a special CBI court in Kerala sentenced two Kerala Police officers to death for the brutal prison torture and killing of a young man called Udayakumar in 2005. However, encouraging imprisonment torture and murder based on a few convictions is not the answer. The necessity of the hour is for a competent judicial reaction with a remedial approach. In the P Jayaraj and J Bennicks case, the court's parochial attitude can be contrasted with the judgement in the Udayakumar case.
Lessons from The United States
Floyd's name was given to a police reform bill just passed by the US House of Representatives. Within a year after the event, Chauvin was sentenced to 22.5 years in jail. In India, such haste in responding to a heinous crime is almost non-existent. And in another case, Jinee Lokaneeta, a scholar who has studied the relationship between state authority and legal violence extensively, emphasises the need of prompt action in providing justice for victims of state violence. The massive and communal outpouring of indignation against racially motivated police violence in America was equally noticeable in the aftermath of Floyd's murder. The tragedy provoked massive countrywide protests and encouraged movements for racial justice in other areas of the world. Floyd's murder was not perceived as an isolated occurrence, but as part of a long history of institutional oppression of African-Americans. The slogan "Black Lives Matter" is a collective statement of dissatisfaction with the state's unfair treatment of a specific community. India has yet to develop a comparably acute and collective awareness to atrocities against minorities. Following the murder of George Floyd, worldwide discussions regarding police abuses have erupted, notably in the United States. The Jeyaraj-Beniks case in India is the most recent instance of police violence to elicit discussion on the need for reform. [6]
Recent Cases in India
Last year, a sanitation worker suspected of stealing Rs. 25 lakh from Agra's Jagdishpura police station allegedly died in police custody when his health worsen during questioning. Mayawati, the leader of the Bahujan Samaj Party (BSP), ordered the Uttar Pradesh government to change its police system after a Kanpur businessman died reportedly as a result of police thrashing. "After the sad murder of a businessman in a hotel by police in Gorakhpur, the current BJP administration is now in the dock again due to the death of a Dalit sweeper in police custody in Agra," she said. As a result, the government should make the necessary changes to its police force.[7] In another case, Altaf, a 22-year-old Muslim male, is accused of hanging himself from a bathroom tap only using the drawstring of the jacket's hood, raise two feet or 61 cm above the ground. Altaf's family, on the other hand, thinks he was murdered, and the relatives have asked for an investigation by the Central Bureau of Investigation investigate Altaf's death (CBI).[8]
The use of “third-degree methods” against suspects at the time of illegal detention and police remand cast a stain on India's entire administrative system, where the rule of law is the “supreme command and the right to life and liberty is an existential force or derivative right for the majority of other fundamental rights”. Furthermore, it calls into question the judiciary's competence in allowing such police activities to go unpunished while sacred rights are jeopardised.[9]
Torture in detention is now considered an unavoidable component of the inquiry process. The mistaken belief persists in investigations that if enough pressure is exerted, the accused would confess. The film 'Jai Bhim' has shown various facets of the society and institutions in which we live. It has made the injustice they suffer or may encounter in police detention more visible and clear to the wider public. This film portrays how inmates in jails are denied their rights and how force is used against them in dangerous ways, and it is for this reason that it is both tragic and amazing. The video illuminated many aspects of the rule of law, as well as abuses of power and authority. It shows prison life, including interactions with convicts and the use of a variety of gruesome tortures. The film examines “not just the police's illegal and brutal treatment of inmates, but also the difficulties in combating such a system”. The rule of law is only an abstraction that must submit to such ostensibly lawless authority. The result of policing authorities' unaccountable and unfettered authority is how a society transitions from a welfare state to a police state.[10] In films like Singham and Dabangg, the Hindi film industry has dealt with police violence and uncontrolled authority for a long time. However, Jai Bhim puts in motion a bleak image of incarceration brutality, police torture, and police abuse of the law. It shatters the narrative of police violence being idealised.[11]
Jai Bhim
The film Jai Bhim eloquently showed the terrible underbelly of our law enforcement colossus. Few films have succeeded in capturing the imagination of spectators in the way that this creative effort based on true events has. One can scarcely see the film without feeling powerless in the face of the State's blatant unfairness to Rajakannu at every stage of his life, especially towards the conclusion.[12] In India, the police are frequently seen as harsh, dishonest, and a leading suspect in human rights crimes. Jai Bhim also portrays bogus accusations being brought against members of a defenceless minority population, police violence, and hope in the shape of a lawyer committed to battling injustice. Rajakannu, an Irular tribal member, is wrongly accused of stealing. He is apprehended with a few relatives and tortured by the local cops, which is all described in great detail. Some officers arrest and brutalise Rajakannu's wife Sengkani and his sister; one of them even removes the sister's clothing. As the theft victim is a local VIP occurs, the local police station head is under immense pressure from his superiors to solve the crime. In addition, he is clamouring for a raise. As a result, he and two other cops are keen to get Rajakannu to confess. And he was beaten to death. To hide their tracks, the cops pretend the group had gotten away. Sengkani, who is expecting her second child, is unhappy and seeks support from a variety of individuals in her hunt for Rajakannu. Finally, she is led to see lawyer K Chandru by a sympathetic activist who educates the Irular community to read and write, and the momentous court struggle starts. Chandru files a petition of habeas corpus and, facing virtually certain defeat, carefully pulls together the circumstances of the case to defend it in court.
Throughout the story, it has been seen that how cunning and cooperative cops can be in order to save their own or their colleagues' lives. Sengkani's stubbornness and Chandru's talents, on the other hand, win the day. They are aided in this by the report of an honest senior police officer who, despite being directed by his boss to protect the police force's name, investigates the case on the court's orders and produces true evidence. In addition, the two judges' willingness to be flexible in their pursuit of the truth pays offs. The film is not hesitant to raise tough questions, and after seeing the courtroom sequences, one will notice that it's not just people who are on trial, but also the fundamental ideals of law enforcement, justice, and caste."Apart from a few cinematic liberties, the film has maintained close to the facts and the backbone is intact," retired judge Chandru quoted. [13]
The truth is that police brutality and deaths in custody occur all over the world. In reality, Jai Bhim demonstrates the critical role of attorneys and judges in defending the poor guy and maintaining justice. It emphasises the need of police officers, attorneys, and the judiciary cooperating in the pursuit of truth and justice. It implies that even one committed and determined individual can make a difference. It also gives reason to believe that justice will prevail.[14] It stands to reason that police officers who are involved in misconduct as individuals do not represent the police as an institution when it comes to justifying such misbehaviour. The police force, on the other hand, is compelled to share the blame. In our country, facts and data are rarely used to determine cases of police misconduct. Rather, they are frequently extrapolated from popular beliefs. Such narratives aim to demonise the police as a whole. Individual police officers' wrongdoings are labelled as the entire force's implicit endorsement and support of similar crimes.[15]
Inspite of the fact this movie is being told with the intent of delegitimizing their position and tarnishing their reputation as upholders of the law. According to what has been shown in the movie, the uniform and those who wear it are permanently tainted with the blood of the innocent. Custodial violence or the employment of extra-legal means that violate the rule of law in the name of ensuring actual or imagined 'justice' are not acceptable. At the same time, it's critical to acknowledge that custodial violence is deeply embedded in our criminal justice system's colonial origins. Under strong sub-cultural influences, it is frequently committed by officials based on their behavioural profile and personalities. Justice Chandru, who filed the habeas corpus petition featured in Jai Bhim, stated in an interview that our investigative tactics haven't progressed much since Independence. The issue of how the police are meant to carry out their investigation tasks efficiently and effectively begs to be questioned without the adoption of contemporary and scientific investigative procedures and proper training of police personnel in their application. In the face of 'investigation' and 'interrogation,' there appears to be little concern for human rights.

"A piece of art can only raise attention to an issue," as it is rightly stated. Only through the state and political movements can true social change be achieved." And Jai Bhim is said to be “that work of art, the response to what it symbolises from some quarters proves that the film not only succeeds in raising attention to an issue, but also in making the proper individuals uncomfortable”.[16] It is important to note that police torture occurs as a result of a lack of institutional reform to hold state institutions responsible and inform them of their basic responsibilities as public employees. Police reform becomes necessary as a result, but, with the exception of a few cases, it has always been a "red herring" for policymakers. While ratification of the UNCAT and the introduction of new torture regulations are critical, much more is necessary to combat custodial violence generally. No state has completely implemented the Supreme Court's orders for the formation of the Police Complaint Authority in Prakash Singh v. Union of India.[17] Long work hours, low pay, physical and emotional stress, and political pressure may all be contributing reasons to police abuses. Only until governments at all levels adopt curative police reforms to provide safety, security, and a life of dignity for all people, as guaranteed by the Indian Constitution, can custodial torture be avoided. In addition to it, the government must act, and courts should establish stringent limits for police custody, which literally means “guardianship”, because at the very first place a suspect is not a criminal, and torturing a suspect or victim never reduces, but rather increases, the crime rate. Nevertheless, various measures has been taken for instance, CCTV Cameras installed in the case of “Paramvir Singh v. Baljit Singh”[18], the Supreme Court has ordered that states cover a larger area of each police station with CCTV cameras and provide audio-video recording storage for 18 months..[19] As the unregulated escalation of prison tortures may come to characterise the essence of Indian government; as former Supreme Court justice V.R. Krishna Iyer put it, "Custodial torture is worse than terrorism since the state is behind it.” The basic theme of Jai Bhim is that there are millions of such occurrences, all of which have gone unnoticed. In the courts of law, justice must be served to them. For years, numerous people, opposition parties, and human rights organisations have called for investigations into custody killings and the implementation of measures to prevent such deaths. Custodial violence doesn't simply happen in jails and police stations. It happens anytime persons in positions of power are permitted as a carte blanche to wield control. The terms "encounter killing" and "custodial death" have entered our lexicon. As per the data, around five individuals died in jail per day, according to a report by “the National Campaign Against Torture (NCAT)”. The NCAT cases reveal that the circumstances in India is significantly worse than as suggested by the crime statistics. According to the research, the number of deaths in 2019 happened over a 20-year period, according to the country's official crime bureau.[20] And there are news at present on accounts of custodial abuse and police brutality 20 years later, despite the fact that the above-mentioned occurrences occurred more than 20 years apart. Even the affluent, according to recent studies, are not immune to third-degree torture. As a result, it's clear that those at the bottom of the social ladder who have no voice bear the brunt of it. Most of the people are often detained on spurious accusations, brutally abused, and forced to pay bribes to be freed. [21] Since, as we evolve and develop, police are the protections in society that maintain the morals and principles intact and functioning. However, such duties must be carried out in a humane and legiti-mate manner, and the existing methods through which the police wield authority are prima facie in-compatible with human rights and dignity. As a result, it is critical to retain the police's “guardian” character by punishing wrongdoers regardless of their status, so that the reputation of the whole po-lice institution is not tarnished. To sustain this, allegations of police wrongdoing must be investigat-ed using facts and statistics.

1. Aabid Mushtaq and Tajamul Islam, JAI BHIM: A call against custodial torture, also available at < https://kashmirreader.com/2022/01/07/jai-bhim-a-call-against-custodial-torture/> last accessed on 7th Jan, 2022 2. Available at < https://www.lawsphere.in/articles/custodial-violence-and-prison-reforms-in-india/> last accessed on 7th Jan, 2022 3. Available at last accessed on 7th Jan, 2022 4. “Available at last accessed” on 7th Jan, 2022 5. Ibid. 6.Availableat last accessed on 8th Jan, 2022 7. “U.P. govt. should reform its police system, says Mayawati on sanitation worker's custodial death, PTI, Oct 2021, Available at last accessed on 8th Jan, 2022” 8. Wahid Bhatt, What you saw in Jai Bhim is still a reality, Daily 5 people die in custody, November, 2021, Available at last accessed on 8th Jan, 2022 9. Supra Note. 1 10. Ibid. 11. Shaileshwar Yadav, “Law On Reels : 'Jai Bhim' - Court Room Drama With Impactful Portrayal Of State Impunity & Caste Violence”, Nov 2021, Available at last accessed on 9th Jan, 2022 12. GS Bajpai, Reforms can sustain police as an institution, also available at last accessed on 9th Jan, 2022 13. Ibid. 14. A. Kathirasen, Jai Bhim and deaths in custody, November, 2021, also available at < https://www.freemalaysiatoday.com/category/opinion/2021/11/08/jai-bhim-and-deaths-in-custody/> last accessed on 9th Jan, 2022 15. Ibid. 16. Rohitha Naraharisetty, The Outrage Towards ‘Jai Bhim’ Shows Why It’s Important To Tell Uncomfortable Stories, November, 2021. Also available at last accessed on 10th Jan, 2022 17. AIR (2006) 8 SCC 1 18. SLP (CR.) no. 3453 of 2020 19. Available at last accessed on 10th Jan, 2022 20. Supra note. 8 21. Gita Aravamudan, Custodial deaths: Jai Bhim shows little has changed in 70 years, November 2021. Available at last accessed on 10th Jan, 2022 22. Available at last accessed on 10th Jan, 2022