By Divya Chaudhary
The term custody means protective care and guardian. Custody may mean restriction of movement of a person but we should draw a line between the prisoners right and police au-tonomy as it never gives the autonomy of inflicting harm to the detainee. Custodial violence means any kind of violence done to a person while he is in the custody whether legal or not, and which is not acceptable to the law of the land. Torture or violence done by the officers or police is only to punish or to extract information and for pleasure and when this torture goes beyond limits it may even results death. It is clearly stated Under Article 21 that a person cannot be deprived of his life and liberty except according to the procedure established by the law. But if we check in the CrPC acc. To this unfortunately, the violence and torture have become part of police’s operations, it has become a stereotype on their job. We know that police is guardian of our rights but again unfortunately police make all these things and then the result is their brutality cause custodial death of the accused which is indirectly “Murder”. Now Custodial violence has raised a very serious question over the credibility of the Rule of Law and the way in which criminal justice is administered. Every person has the right to life either that person is normal, prisoner or accused the only thing matters is that every person shall be treated with human dignity.
CAUSES OF CUSTODIAL VIOLENCE
Instead of focusing on its solution or spreading awareness the only one thing is happening and i.e. rising in these cases. There is a need to understand what is the root of problem of custodial violence. The police officers use their official position to manipulate evidences against themselves and this is a big reason of this question that why victims are increasing in numbers and they can’t protest against their violence. The other root of this is greed for money. Each and every person gives the priority to money, they want money in anyway, and this is mental condition of our primitive to higher society. The main motive of the police is to get a particular position or promotion in their post through this method in which, they harm the victims , threaten and beat them, or keep them hanging in police station is just to extract Money, for which the whole world is searching for and police is mean of producing money for officers and ministers. The FIR is written by police officer itself and court give im-portance to FIR, and it is obvious that police will not write against them. Another cause for this is the genuine reason but not right way as, punitive violence is that reason. Sometimes the policemen believe in that not even a single criminal shall not be let away from it. They have started seeing brutality and start beating them with a thinking that there is no another way for revealing the truth form victims. One more reason of brutality is lack of proper training. As police, they are the protectors, not the infringers of the human rights and law. They should stop the violators but they themselves with inadequacy leads to loosing of their tem-per, absence of respecting towards public, unnecessary harshness and it leads to violence. There are other factors also that lead to custodial violence: sexual weakness in which they may have attraction towards opposite sex prisoners where they may use force for satisfaction of their lust.
Forms Of Custodial Violence
VIOLENCE IN POLICE CUSTODY: This is a very common practice and is kind of custody where police torture an accused to extract the information.
VIOLENCE IN JUDICIAL CUSTODY: This kind of violence seen in detention centres where
VIOLENCE IN JUDICIAL CUSTODY: This kind of violence seen in detention centres where the gang of prisoners having unlimited freedom with prison premises, they usually beat that victims who not give commitment to them and this cause the sometimes suicide by prisoners.
The article is all about the concept of custodial violence and the role of police institution in such cases. We do accept that police work under so much of pressure of ministers and with so many other disturbances but the thing is that they have no right to inflict brutality or violate the human rights. There must be a proper law for the protection of accused from custodial violence.