The NHRC reported that 2152 judiciary custodial deaths and 155 deaths had occurred in police custodial deaths till 28 February 2022. It underlines the systemic rot within the criminal justice system particularly in police functioning and accountability.
Structural Issues in the Criminal Justice System:
- Systemic Normalization of Force: Custodial torture is often normalized as an investigative tool. The absence of empathy, ethical policing, and psychological support for officers aggravates violent tendencies.
- Outdated Training & Colonial Legacy: The Indian Police Act, 1861 promotes a control-based approach. Ethical training, trauma-informed investigation, and human rights jurisprudence are missing from police curricula.
- Poor Infrastructure and Manpower: India has 21 judges per million people against a recommended 50. The police-population ratio is 152 per lakh versus the ideal 222. Such deficits lead to overburdened, undertrained personnel.
- Lack of Accountability: Symbolic suspensions without enforceable oversight mechanisms mean CCTV footage is either unavailable or tampered with, and internal inquiries lack transparency.
- Human Rights Violations: The admission of confessions made to police officers in recent bills risks incentivizing custodial torture.
- Poor Mental Health Support: Police officers lack counselling, stress management, and emotional resilience training, leading to a spillover of stress as violence.
Reforms Needed:
- Legislative Measures: Enact a comprehensive anti-custodial violence law mandating time-bound investigation, video-recorded interrogations, and civil society oversight.
- Training Overhaul: Include modules on ethics, empathy, community policing, and trauma-informed practices.
- Budgetary Reallocation: Allocate 5% of the policing budget for district mental health units, quarterly counselling, and sensitisation programs.
- Independent Oversight: Implement Police Complaints Authorities at all levels and ensure real-time audits of CCTV feeds in custodial facilities.
- Technological Integration: Use mechanisms like SUPACE and SUVAS, and scale up e-Courts and digital FIR registration for transparency and accessibility.
- Restorative Justice Approach: Shift from retribution to rehabilitation and reconciliation, in line with Madhav Menon Committee’s recommendations.
Conclusion:
As the Second ARC rightly notes, public trust in the police will only be restored when rule of law replaces rule by force. The real post-mortem is of a morally compromised governance one that must now make way for empathy-led, rights-based, and transparent criminal justice reforms.
‘+1’ value addition:
- Committees: Malimath Committee (2003), Madhav Menon Committee (2007), Vohra Committee (1993) suggested comprehensive reforms.
- Case Laws: Prakash Singh vs Union of India (2006)- Police reforms to strengthen criminal justice system.
- Recent Developments: Bharatiya Nyaya Sanhita (BNS), Bharatiya Sakshya Bill (BSB), Bharatiya Nagarik Suraksha Sanhita (BNSS) are a step towards reforming criminal justice system.
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