Records show that there have been numerous cases of custodial deaths in the last 20 years in India. Very few policeman have been convicted so far in such cases. Recently, you come across the case of custodial death of a youth in one of the backward districts of the country. It has been reported that the youth was detained on frivolous grounds of kidnapping a girl from another community. As a young graduate student, preparing for the civil services examination conducted by the UPSC, answer the following: (a) Why is there a frequent violation of the code of conduct and abuse of authority by law enforcement officers at various levels in India? (b) Is the use of violence and show of 'quick justice' by the policemen increasingly becoming acceptable by the society? Justify your stand with relevant arguments. (c) What can be done to comprehensively deal with the issue of torture and custodial deaths in India?

Reasons for Frequent violation

(A) Code of conduct → lack of Ethical training to policemen • Sympathy, Empathy and compassion not prioritised.

• lack of legal backing to code of Conduct → police officers cannot be sued by public but only by seniors • not backed by 'code of Ethics' representing the broad guidelines to follow • Emotional and Compassion fatigue due to extended workhours. • politicisation of police forces

(B) ABUSE OF AUTHORITY

• India not a signatory to anti torture Convention and no law to criminalise custodial violence

• Conflict of Interest → Complaints committee is headed by 'insiders of police'

• Attitudinal issues → focus on retributive justice & Sadism & lack of perspective • Increasing number of Undertrials in jails → huge pressure on police to file chargesheet.

USE OF VIOLENCE BECOMING ACCEPTABLE

↳ Applause by people in alleged Encounter of Telangana Rape case ↳ preference for vigilante justice focusing on heroism and speed rather than procedure established by law (Article 21) ↳ Judicial delays lead to erosion of confidence in justice delivery.

However, Society has not fully accepted this Quick justice as • Civic society → agitate against fake encounter • National Human rights Commission • helpline for filling complaints. • assistance and vigilance of Jails.

Measures Needed