Custodial Violence in India 2020 | UPSC

IASbhai Daily Editorial Hunt | 2nd Dec 2020

“The only way to do great work is to love what you do.” – Steve Jobs

Dear Aspirants
IASbhai Editorial Hunt is an initiative to dilute major Editorials of leading Newspapers in India which are most relevant to UPSC preparation –‘THE HINDU, LIVEMINT , INDIAN EXPRESS’ and help millions of readers who find difficulty in answer writing and making notes everyday. Here we choose two editorials on daily basis and analyse them with respect to UPSC MAINS 2020-21.

EDITORIAL HUNT #271 :“Custodial Violence in India 2020 | UPSC

Custodial Violence in India 2020 | UPSC

Jay Manoj Sanklecha
Custodial Violence in India 2020 | UPSC

Jay Manoj Sanklecha is a lawyer specialising in international law.

      HEADLINES:

The last straw is being further disabled

      CENTRAL THEME:

Denying a prisoner with disabilities his recognised rights is a legal wrong and a display of a lack of compassion

SYLLABUS COVERED: GS 2 : Custodial Violence : Prison Reforms

      MAINS QUESTION:

When custodial violence becomes a tool to abuse citizens, then individual erode public confidence in law enforcement. Comment -(GS 2)

      LEARNING: 

  • What is Custodial Violence
  • Rights upheld by the laws
  • Injustice Magnified
  • Way Forward

      INTRODUCTION: 

There has been much outrage expressed over the denial of a sipper and straw to Father Stan Swamy.

  • DEFINITIONCustodial violence is the violence which takes place in the judicial and police custody where an individual who has done a crime is tortured mentally as well as physically.
  • AUTOCRATIC NATURE : To an extent they are broken down by senior officials in order to satisfy the hunger of power that they have.

Power is not just a word, it has the capacity to control people and this power is legally given to officials to ensure the safety and not to demotivate an individual mentally.

  • HUMANITY AT STAKE : The human rights are at stake as custodial violence is a crime which is the outburst against humanity and is a root obstacle in a Democratic country.

      BODY: 

RIGHTS UPHELD BY LAWS

  • INTERNATIONAL COVENANTS :  The UN Convention on the Rights of Persons with Disabilities (CRPD), applies to all persons with disabilities including detainees and prisoners.
  • THE CRPD : These obligations under the CRPD are complemented by the provision of Article 10 of the International Covenant on Civil and Political Rights, or ICCPR.

India is a signatory and the framework imposes a positive obligation on authorities. 

  • OBLIGATIONS : The obligations also include prison staff, to ensure that prisoners with disabilities are on an “equal basis with others, entitled to guarantees in accordance with international human rights law
  • FAIR TREATMENT : Prisoners should be treated in compliance with the objectives and principles of the convention, including by provision of reasonable accommodation.
  • AUXILIARY AID : The obligation also includes the provision of auxiliary aids relevant to the disability to secure the inherent dignity of the prisoner.

Custodial Violence in India 2020 | UPSC

SOURCES : SCROLL.IN

  • A CASE OF BREACH : In cases where no provision are made by prison authorities, it may amount to a breach of a state’s obligation.

This can be further subjected to “prevent persons with disabilities from being subjected to torture, cruel or inhuman degrading treatment or punishment”.

  • STANDARD MINIMUM TREATMENT : The Nelson Mandela Rules were approved by the UNGA through a resolution in 2015, on the standard minimum rules for the treatment of prisoners.
  • DUTY OF PRISON AUTHORITY : The CRPD makes all reasonable accommodation and adjustments to ensure that prisoners with physical, mental or other disabilities have full and effective access to prison life on equitable basis” .
  • CONSTITUTIONAL MANDATES FOR PRISONERS : Apart from the constitutional guarantees under Articles 14 and 21 of the Constitution , there is specific Indian legislation on the subject.
  • RIGHTS OF DISABLED IN THE PRISON : The Rights of Persons with Disabilities Act, 2016 focuses on right to equality, life with dignity and respect for integrity equally with others.

They are not to be discriminated against on the ground of disability, unless to achieve a legitimate aim. 

  • DISABILITIES ACT : The Rights of Persons with Disabilities Act also enjoins the state to take necessary steps to protect persons with disabilities from being subjected to torture, cruel, inhuman or degrading treatment.
  • UNDEFINED CONCEPTS : The Rights of Persons with Disabilities Act does not specifically provide for persons with disabilities who are incarcerated.

INJUSTICE MAGNIFIED

  • CRIMINAL LAWS AND DOCTRINE : The fundamental tenet on which Indian criminal law operates is that an accused is presumed innocent until proven guilty.
  • A SENSE OF EMPATHY : The denial of his rights by the justice system not only constitutes a legal wrong but also displays an absence of compassion.
  • GENEROSITY IN A SOCIETY : It is the absence of compassion that ultimately corrupts the decency of any society.

The Reports of the National Human Rights Commission have frequently recognised that custodial violence and torture is rampant in India.

  • TRAINING : The State should provide proper training to the police and other law enforcement officials regarding this issue.

Prison Statistics India Report 2019-2020 | UPSC | CONVICTS

PRISON STATISTICS INDIA REPORT

      IASbhai Windup: 

FORGOTTEN IDEAL

  • JUST SOCIETY : The true measure of a society’s character is how it treats the poor, the disfavoured, the accused, the incarcerated and the condemned.
  • REVAMP : It is time for the Indian justice system to stand up to this ideal.

The true measure of a society’s commitment to justice, the rule of law, fairness and equality, cannot be measured by how it treats the rich, the powerful, the privileged and the respected.

SUGGESTED READING : PRISON AND THE PANDEMIC 
       SOURCES:   THE HINDU EDITORIAL HUNT | Custodial Violence in India 2020 | UPSC

 

TRENDING NOW : Important The Hindu Editorials 

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