Custodial Deaths Across India – The Unnoticed Crisis

Custodial Deaths Across India – The Unnoticed Crisis

 

Custodial deaths represent one of the gravest assaults on human rights and the dignity of life guaranteed under Article 21 of the Constitution of India. Yet, despite repeated judicial interventions, parliamentary debates, and recommendations by the National Human Rights Commission (NHRC), this disturbing trend continues largely unnoticed and unaccounted for.

 

According to NCRB data, year after year, India witnesses a chilling number of deaths in both police custody and judicial custody. Behind each statistic lies a story of neglect, torture, systemic apathy, or outright abuse of power. Many such deaths are conveniently recorded as “natural causes” or “suicide,” masking the underlying culture of impunity that pervades custodial institutions.

 

The Hon’ble Supreme Court, in D.K. Basu v. State of West Bengal (1997) and later in Paramvir Singh Saini v. Baljit Singh (2020), laid down binding safeguards against custodial torture and directed the mandatory installation of CCTV cameras in all police stations and prisons. Yet, compliance has been patchy, cameras remain defunct, and oversight mechanisms are weak. This non-compliance, coupled with the State’s silence, has made custodial spaces virtual black holes where constitutional rights cease to exist.

 

Strong Views of Dr. Anthony Raju

 

“Custodial deaths are not accidents of governance – they are the ultimate betrayal of constitutional morality. When a citizen is taken into custody, the State assumes the role of guardian. If that citizen dies in custody, the State stands guilty of a direct violation of Article 21 – the Right to Life and Dignity.

 

Every custodial death is not just a statistic – it is a constitutional crisis. It reflects systemic failure, institutional apathy, and a dangerous culture of impunity. The absence of functional CCTV cameras, despite clear Supreme Court directives, is not mere negligence – it is wilful disobedience of the rule of law.

 

Custodial violence is nothing short of state-sponsored torture. It cannot be camouflaged as ‘natural death’ or ‘suicide’. Accountability cannot stop at suspension orders – it must extend to criminal prosecution of responsible officials.

 

India cannot claim to be the world’s largest democracy if it continues to tolerate deaths in custody without justice. Justice delayed in custodial deaths is justice denied to humanity. We demand urgent compliance, real-time monitoring, independent investigations, and a policy of zero tolerance towards custodial violence.

 

Human dignity is not negotiable. The law is supreme. No police station or prison can be allowed to become a slaughterhouse of fundamental rights.”

 

— Dr. Anthony Raju

Advocate, Supreme Court of India

Chairman, All India Council of Human Rights, Liberties and Social Justice

 

Conclusion

 

Custodial violence is not law enforcement; it is lawlessness. Each unnoticed custodial death chips away at the very foundation of justice and equality enshrined in our Constitution. The time has come for independent oversight, strict accountability of officials, real-time monitoring mechanisms, and uncompromising enforcement of Supreme Court directives.

 

The message is clear: A democracy that fails to protect life in custody, fails itself.

 

#CustodialDeaths #HumanRights #Article21 #SupremeCourt #DrAnthonyRaju #RuleOfLaw #StopCustodialTorture #JusticeForAll #DemocracyInDanger

Dr Anthony Raju

Advocate Supreme Court

Chairman

Indian National Human Rights Protection Council and World Interfaith Council for Peace Tolerence and Humanity Dubai UAE

International Human Rights Advisory Council

 

Connect Public Relationship Team

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+91 9873005424, 9873087903 email office@humanrightscouncil.in

For Appointment or Media Bites or Invitation to His Excellency Dr Anthony Raju Sir

 

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