Saurabh Ajay Gupta*
ABSTRACT
In any democratic society, work in a prison is public service. Prisons are places like schools and hospitals which should be run by civil power with object of contributing to the public good. Jails are the critical part of any justice system and as a public sector responsibility, most states require operating jails or housing their prisoners in other local government facilities. Custodial crimes infringe upon human rights and the confession so extracted often fails to stand the legal scrutiny. Violence of any kind at the hands of police or any governmental or non-governmental agencies is counterproductive. It can turn innocent suspects or prisoners into hardcore criminals. The grudges they have against any particular official sometimes motivate them to rebel against the whole country and its citizens. Therefore custodial management is very important to the overall jail management program so that the authorities are able to accomplish the mission despite various challenges. The government must re-educate the police out of their sadistic arts and inculcate a respect for the human being, a process which must begin more by example than by exhortations. If any policeman or for that matter any other officer of any other agency of the government is found to have misconducted, the authorities should not hide the crime under the pretext of police solidarity or brotherhood. Custodial violence is amongst the worst crimes in any civilized society. It is a blatant violation of human dignity. It strikes at the very roots of the rule and law. Custodial violence and abuse of power is not only peculiar to India but it is also widespread. It has been the concern of the international community as the problem is not a regional problem but is universal and the challenge is almost global. Third degree torture and custodial deaths, rape, molestation etc. have become an intrinsic part of police investigations and the injury inflicted on the inmates
is sometimes unbearable.
In all custodial crimes what is of real concern is not only infliction of body pain but the mental agony which a person undergoes within the four walls of police station or lock-up. Whether it is a physical assault or rape in police custody, the extent of trauma, a person experiences is beyond the purview of law. "Custodial violence" and abuse of police power is not only peculiar to this country (India) but it is widespread. It has been the concern of international community because the problem is universal and the challenge is almost global.
Keywords: Torture, custody, death, violence, lock-up etc.
* Additional Advocate General (Chhattisgarh), Former Additional Advocate General (Punjab), Advocate on Record, Supreme Court of India
