Custodial Violence And State Accountability: A Case Comment Of Rajakannu V. State Of Tamil Nadu
- IJLLR Journal
- 19 hours ago
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Vishal Narayanan V, BBA LLB, Symbiosis Law School, Hyderabad
CITATION: 1994-2-LW(Crl) 680
BENCH: P.S. Mishra and Shivaraj V. Patil, JJ
JUDGEMENT: 1 August 1984
INTRODUCTION:
The case helped establish legal precedents with regards to custodial accountability, rights vested with the detainees and the proper understanding and interpretation of Article 14 and 21 of the Indian Constitution which is ‘equality before the law’ and ‘protection of life and personal liberty’. The case reiterated the necessity and power of Judicial intervention in validating fundamental rights. Historically, the marginalized communities of India such as tribal groups and dalit individuals have been constantly and disproportionately subjected to arbitrary arrests and custodial deaths without any access to justice. This failure of systems stems from staunch social hierarchy practices. This endemic nature of custodial torture unfortunately highlights that incidents like Rajakannu are not an isolated problem but part of a larger societal pattern.
The issues in this case were brough before the court by the filing of a Habeas Corpus petition by Rajakannu’s wife, Parvathi. Habeus Corpus which is recognized as a constitutional remedy under the Indian Constitution provides a mechanism to challenge the detention of any person who has a reason to believe that the detention is unlawful. In the present case the petition forced the judiciary to criticize the actions of the law enforcement officers and to address the allegations of custodial abuse compelling the state to take corrective action.
The judgement in this case is particularly important as the High court not only ordered for the necessary criminal action against the responsible individuals but also directed the state to judicially compensate the victims.
