By Shafaque Alam
Last week the devaluation of Indian Rupee in International market hit the headlines. The following day the same newspaper space was filled with the mysterious killing of a terror suspect in Pune’s high security jail.
Although, these two developments have nothing in common except a sense of devaluation. Last few years have been very tough for both – the Indian Rupee and Indian People – to hold their head high.
Let the economists ponder over the devaluation of Rupee and find out ways for its revival. Here we consider the latter part of the aforementioned issue.
In India the deaths in police custody sound like an ordinary bereavement. The government authority prefer to let these deaths go unheeded and do not consider them as a serious issue. Hence, India is substantially bad is records of custodial deaths.
Let’s first have a look at the official data about the custodial deaths in the country. A National Human Right Commission (NHRC) report reveals that from April 2010 – March 2011 a total of 1,547 people have died in the policy custody – which comes to an average of around four people a day. The death toll may touch more ranks as not all cases are reported to the NHRC. A majority of these deaths are the direct consequence of police torture.
It seems to be a practice in the jail to punish the prisoners in gross violation of human rights. The severe punishment leads to various consequences which may also lead to deaths or suicides.
It is not that the inmates in the jail are merely served physical torture but various innovative ways have been discovered to punish them.
A document released by Asian Centre for Human Rights titled, ‘Torture India 2011’ says, “torture remained widespread and integral to law enforcement. Deaths in police custody are reported at regular intervals. These deaths are often passed off as suicides, sudden medical complications, self-inflicted injuries and natural deaths.”
There are various factors which contribute in amounting torture to the accused. Torture is used as a tool to extract confession, however, it is sometimes also used to demand bribes and settle personal scores.
In many cases of custodial deaths it is claimed that the prisoner has committed suicide. However it does not come clear as to what amounts them to take such an extreme step and how did they commit suicide with strange objects like lungi, pyjama, jeans, shoe laces, blanket, etc. and how did the victims access these objects remains mystery.
It has also been observed a number of victims who are physically fit prior to their arrest suddenly develop medical complication due to severe torture in prison. The inmates are denied of medical facilities and inhuman prison condition also amounts to torture.
On the other hand the officials involved in the crime get away with it describing the consequence of medical complications.
Torture of the victims during interrogation is common across various police cells in India. There is no scientific method of investigation. Hence, torture remained integral to investigation to obtain confessions from suspects. Terror suspects are at increased risks of torture given the immense pressure on the police to solve the crimes.
Sometimes the innocent people are taken into custody, stripped, tortured, humiliated and forced to accept a crime which they had never committed.
On July 29, 2010, DNA published a report titled, ‘Kurla rape case: Accused alleges police torture’. The story explains how the youth was not allowed to sleep and was flogged with a belt on his palms and soles during the first six days of detention. The police also allegedly tried to scare him by firing three bullets in the air when he refused to confess. The police also threatened that they would encounter him.
Sometimes these victims are served unnatural punishment and subjected to electric shocks and burnt with cigarettes. Many a times the police took the victim in their custody, torture him at their fill, and report his arrested weeks later.
The police brutality has increase so much that they themselves are making their noble profession abominable. On October 25, 2010, The Tribune published a report titled, ‘Erring policemen deserve harsher punishment: SC’. The report says, “the convict police personnel had taken one Jugta Ram to the police station and cut off his penis for an alleged crime of adultery”. These are a few cases of custodial death and torture which have been recorded and reported safely.
It is also important that not all the torture result into deaths and hence such torture, inhuman and degrading treatment go unreported.
Lack of substantial anti-torture law gives impunity to the police personals from prosecution for violating human rights which lead to physical and mental torture and custodial deaths.
There have been a few cases of providing compensation to the family of deceased persons but this meager amount can’t compensate to the hell-like torture served to the victims in the cell.
The failure of government to establish accountability and responsibility and ensure punishment to the perpetrators remains a matter of grave concern. Some stringent action needs to be taken to ensure that no police personnel abuse their power. It is high time to put our heads together and think what when wrong in our police machinery.
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The writer is associated with a Delhi based think tank.