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Pandi, Murugan, Afzal, and Kumar were Tamil labourers who used to work in Guntur, Andhra Pradesh and lived in a nearby park. One night, their lives turned upside down. They were arrested, beaten, and brutally tortured in the police lock up for two weeks, for a theft that they did not commit as the police needed to close a high-profile case. Things took an ugly turn as these labourers were killed in a fake encounter and only Kumar managed to escape. M. Chandrakumar, the ‘Kumar’ in the incident is now an auto driver in Coimbatore in his 50s. He narrated this frightening anecdote of his youth in his book ‘Lock Up’, published in 2006. The book was made into a film by Vetrimaran in 2015 called ‘Visaranai’ (Interrogation).

A similar instance of police atrocity can be seen in the recent custodial deaths of P. Jayraj and his son J. Fenix in Tamil Nadu. All these cases expose the poignant loopholes prevalent in the system. Media reports state that the father and son were mercilessly beaten in police custody for keeping their mobile shop open longer than the allowed during lockdown, which led to their death. At a time when the whole world is protesting against the illegal police murder of George Floyd in the United States, this incident in Tamil Nadu has further sparked a debate on police brutality. The social media is flooded with #Justiceforjayrajandfenix. 

However, the deaths of these two individuals is not an isolated incident in India. The National Campaign Against Torture, in its latest report stated that in 2019 that India has witnessed 1731 custodial deaths, which correspond to about five deaths per day. According to the official figures tabled by the Union Ministry of Home Affairs (MHA) in the Parliament, between 2016 and 2018, 427 people died in police custody while 5049 died in judicial custody. Citing the National Crime Records Bureau, a report by Human Rights Watch (HRW) states that between 2010 and 2015, 591 people died in police custody. In most of the cases, police blamed the deaths on suicide, illness or natural causes. Further, the HRW report  pointed out that of the 97 custody deaths reported by Indian authorities in 2015, police records listed only six as a result of  physical assaults by police, 34 were listed as suicides, 11 as deaths due to illness, nine as natural deaths and 12 as deaths during hospitalisation or treatment. However, in many such cases, family members allege that the deaths were the result of torture.

“The lockdown has devastated our livelihoods. Now, when the rules are relaxed and shops are being allowed to open, we are trying hard to sustain our families with whatever little transaction that is happening. But it is really frightening if someone has to face this kind of brutality. Today it happened in Tamil Nadu, tomorrow it can happen to me”, a Kolkata-based shop owner told BE, requesting anonymity, and referring to the Tamil Nadu custodial deaths.

While analysing the frequent occurrences of custodial deaths in India, certain experts feel that this inhuman barbarity is often justified by the popular retributive philosophy where torture is allowed to break a hardened criminal. The magistrates in most of the cases are dependent on police to carry on with their judicial functions. Human rights activists feel that enormous judicial powers vested in the police officials is behind the root cause of all evils.  

Mainstream cinema where police encounters are portrayed as glorified acts has a an impact on a country like India, where the majority of the audience is semi-literate and ill-literate. Sanchali Sarkar, an independent research scholar working with in an NGO while conversing with BE, pointed out, “Bollywood cashes in on the problematic equation between men, masculinity and violence. Violence is glorified in films and to some extent are given sanction when the movie stars play the role of the policeman. Police brutality is a recurring theme in regional films as well.” 

While suggesting remedial measures from this kind of outcomes, Sarkar pointed out, “There needs to be a transparency in the whole system. The Tuticorn custodial deaths are not the first in the country and all these incidents show a broken system that needs immediate attention.” There is a need to review the guidelines and technological advancements are absolutely necessary to ensure fair policing and to avoid unwanted incidents. For instance, it is believed that the use of CCTVs in police stations may minimise these incidents to a certain extent.

Taking into account, the intensity of these instances, the National Human Rights Commission has proposed that the police officer in-charge must be held responsible in case of custodial deaths. Custodial deaths directly violate Article 21 that ensures the right to life and so though the arrestees’ rights are restricted that must not lead to the violation of one’s rights. The UN Convention against torture and Other Cruel, Inhuman and Degrading Treatment states that the dignity of the arrestees should not be compromised. In this regard, India’s law is not effective but the domestic laws should be reviewed and amended at par with the international treaties and conventions which may help in diminishing the custodial deaths.