NHRC Issued Notice Odisha on Custodial Death Row

Context

Recently National Human Rights Commission (NHRC) has issued a notice to Odisha govt on custodial death row.

Custodial Death

• It is the death of an individual at the same time as in the custody of regulation enforcement or judicial authorities.
  • It frequently arises under suspicious circumstances.
• According to the National Crime Records Bureau (NCRB) 2022 report, Gujarat has constantly recorded the highest number of custodial deaths for 3 consecutive years.
  •  In 2022, 14 people died in police custody in Gujarat, at the same time as Rajasthan and Punjab followed with 3 deaths each. 

Factors contribute to Custodial Deaths

• Excessive use of force: Many deaths are attributed to torture or immoderate use of pressure all through interrogation or while in police custody. 
• Negligence: Inadequate access to hospital therapy and delays in providing well timed remedy to detainees exacerbate health conditions, leading to preventable deaths.
• Lack of Accountability: Despite legal safeguards and suggestions, responsibility for custodial deaths remains a substantial venture.
  •  Investigations are regularly not on time, compromised, or lack transparency, protective perpetrators from justice.
• Overcrowding: Inadequate infrastructure in prisons and detention centers contributes to health dangers and exacerbates pre-existing health conditions among detainees.
  • Legal safeguards implementation remains inconsistent, leaving room for abuse and impunity.

Impacts 

• Custodial  deaths not only deprive individuals of their essential right to life but also erode public acceptance as true within regulation enforcement institutions.
• It raises profound worries about the abuse of power, the shortage of accountability, and the systemic flaws in the country’s criminal justice system.
• Custodial deaths represent a profound failure of justice and human rights in India.

Legal Framework 

• The Constitution of India ensures the right to life and personal liberty under Article 21. 
• The National Human Rights Commission  in 1993 had issued a general round requiring all of the District Magistrates and the Superintendents of Police to report to the Commission, incidents regarding custodial deaths and rapes inside 24 hours in their occurrence.
• In cases of custodial rape and death, the Code of Criminal Procedure also calls for compulsory judicial magisterial inquiry in place of an executive magistrate inquiry. 
• The judiciary has emphasised the need for accountability and reimbursement in cases of custodial deaths through landmark judgments including DK Basu vs. State of West Bengal.
• The Model Prison Manual of 2016 and the Mental Healthcare Act of 2017, outline inmates’ right to healthcare, which incorporates good enough funding in healthcare facilities, setting up mental health systems, training officers to offer primary and emergency care, and formulating suicide prevention programmes to thwart such instances.

Suggestions and Way Forward

• There is a need for higher education, accountability mechanisms, and stricter adherence to human rights standards within regulation enforcement groups.
• Pushing for effective implementation of pointers laid down through the Supreme Court to prevent custodial violence and make certain spark off investigations.
• Raising cognizance about human rights and the results of custodial violence.
• As India strives to reinforce its democratic institutions and uphold the rights of all its citizens, addressing custodial deaths must continue to be a critical precedent to achieve a more simple and humane society.

Source: The HINDU

UPSC Mains Practice Question

Q. Instances of the President’s delay in commuting death sentences has come under public debate as denial of justice. Should there be a time specified for the President to accept/reject such petitions? Analyse. (2014)

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