Custodial Violence in India: The Dangers of Normalization and the Role of the Judiciary
UPSC Relevance
Prelims: Indian Polity and Governance (Fundamental Rights - Articles 14, 21; Judiciary), Social Justice (Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act), Landmark Supreme Court Judgments.
Mains:
General Studies Paper 1: Social empowerment (issues related to caste discrimination).
General Studies Paper 2: Separation of powers; Important aspects of governance, accountability; Role of civil services in a democracy; Welfare schemes and laws for vulnerable sections.
General Studies Paper 4 (Ethics): Probity in Governance; Laws, rules, and conscience as sources of ethical guidance; Accountability.
Key Highlights from the News
In a custodial death case in Chhattisgarh, the High Court's observation that the police intended "to teach a lesson" to the victim sparked widespread criticism.
The article strongly argues that such remarks normalize and legitimize state violence and custodial torture.
This promotes the logic of vigilante justice instead of the rule of law, which is dangerous for democracy.
Despite the victim in this case being a Dalit individual, the courts did not adequately consider the offense under the SC/ST (Prevention of Atrocities) Act.
Courts often only require direct evidence of caste-based atrocities (like caste abuses), leading to the neglect of violence stemming from structural power imbalances.
Despite clear Supreme Court guidelines like the D.K. Basu guidelines, custodial deaths persist in India, especially against Dalits, Adivasis, and the poor.
The author demands that the judiciary should not provide moral justification for such atrocities and firmly state that custodial violence is always a criminal offense.
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