Behind Bars, Beyond Justice Examining Custodial Deaths And Legal Safeguards In India
- IJLLR Journal
- May 17
- 2 min read
N.K Thridev Prince B.Com. LL.B., St. Joseph’s College of Law
INTRODUCTION
The sanctity of individual liberty and the right to life are the cornerstones of any democratic legal system. In the Indian context, Article 21 of the Constitution mandates that "no person shall be deprived of his life or personal liberty except according to procedure established by law." However, the phenomenon of custodial death, represents one of the most severe breaches of this fundamental right. It signifies an institutional breakdown of the "protective" role of the state, transforming the guardian of law into a perceived violator of human rights.
What is Custodial Death? In simple terms it is the demise of an individual who was arrested or detained and kept under the custody of a law enforcement authority or judicial authority is said to be custodial death.
The Law Commission has defined custodial death as follows:
"Custodial death is the death of a person in the custody of the police or other authorities, whether or not such death was caused by an act or omission of a public servant. It represents the ultimate failure of the state to protect a person whose liberty it has lawfully or unlawfully curtailed."
THE TUTICORIN CUSTODIAL DEATH CASE
The town of Sathankulam of Thoothukudi District situated in Tamil Nadu, in June 2020 witnessed a harrowing and gut-wrenching incident, involving a father and son; P. Jayraj (59 years old) and his son J. Benniks (31 years old). The father son duo ran a small mobile accessory store, the COVID-19 pandemic situation brought great hardship to many people across various sectors and one such sector is the small business owners who earned their bread primarily through direct selling i.e. selling their goods/services through direct contact with their customers. The father son duo allegedly operated their store beyond the operating hours thereby violating the COVID-19 lockdown restrictions for which P.Jayaraj was taken into custody by the local police and his son Bennicks followed him to the station to enquire on 19th June 2020.
