Custodial deaths in India: A challenge to the rule of law and human rights

The rising number of custodial violence and deaths in India highlights a serious human rights issue and exposes the country's failing policing system.

- VALLIMIREDDY ABHINAV DEEP DORA & B.N.S SRIRAM

Such crimes, which are frequently characterised by brutality and impunity, violate constitutional safeguards and undermine public faith in law enforcement. Despite judicial instructions and legislative measures, accountability is elusive, allowing systemic abuse to continue. These cases highlight the critical need for extensive police reforms, stringent implementation of human rights norms, and institutional structures that safeguard openness, fairness, and individual dignity in the criminal justice system.

The prevalence of custodial violence and deaths throughout India indicates a profound human rights problem, with a recent incident in Tamil Nadu emphasizing the urgency of the issue. Ajit Kumar, a 27-year-old temple guard, died in police custody following his arrest on charges of theft of gold jewellery. A postmortem study revealed injuries on his body—head, chest, ribs, back—contradicting police assertions of an epileptic episode. In another incident, the Chhattisgarh High Court recently determined that the death of Durgendra Kumar Katholiya, who passed away just three hours after detention, constituted a “clear case of custodial violence,” mandating a compensation of Rs 5 lakh. These tragedies underscore the failure of accountability and the necessity for substantial reform in the police and judicial systems.