ARE EXISTING MECHANISMS EFFECTIVE IN PREVENTING CUSTODIAL VIOLENCE?

“Custodial violence should not be dismissed as the actions of a few ‘bad apples’ within the system. Such behaviour is perpetuated by entrenched social hierarchies and an enduring colonial mindset within the police, where the public, particularly marginalised communities, is viewed not as citizens to be protected, but as subjects to be controlled”

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The gruesome death of security guard Ajith Kumar, 27, while in police custody in Tamil Nadu’s Sivaganga district last month is yet another grim addition to the long and growing list of custodial deaths in India. In response, Chief Minister M.K. Stalin has ordered a CBI probe to ensure a transparent investigation, and the Madras High Court has directed the agency to complete its inquiry and submit a report by August 20. Are the existing institutional mechanisms effective in preventing custodial violence? M. Srinivasan and Anup Surendranath discuss the question in a conversation moderated by Aaratrika Bhaumik. Edited excerpts:

Why does custodial violence persist despite statutory safeguards and Supreme Court guidelines?

Anup Surendranath: India has signed but not ratified the United Nations Convention Against Torture, and lacks a standalone domestic law criminalising torture. This reflects a lack of political will to implement international human rights obligations. However, the more pressing concern lies in the entrenched institutional culture that normalises and even justifies custodial violence. Police personnel often perceive such violence as a necessary means to achieve justice, especially when the formal legal process is seen as slow and ineffective. Public reaction to custodial violence is similarly inconsistent and often shaped by the nature of the case. For instance, while the recent incident has sparked widespread outrage, the 2019 alleged encounter killing of four men accused of raping and murdering a veterinarian near Hyderabad was met with public celebration. There is also a glaring absence of authoritative data on custodial violence. As a result, accountability mechanisms remain weak.

What factors contribute to the institutional culture that condones police brutality?