IASbhai Daily Editorial Hunt | 2nd Dec 2020
“The only way to do great work is to love what you do.” – Steve Jobs
EDITORIAL HUNT #271 :“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.
The last straw is being further disabled
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
When custodial violence becomes a tool to abuse citizens, then individual erode public confidence in law enforcement. Comment -(GS 2)
- What is Custodial Violence
- Rights upheld by the laws
- Injustice Magnified
- Way Forward
- DEFINITION : Custodial 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.
- 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.
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.
- 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.
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.
- 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.
- 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.
- 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.
- TRAINING : The State should provide proper training to the police and other law enforcement officials regarding this issue.
- 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.
SOURCES: THE HINDU EDITORIAL HUNT | Custodial Violence in India 2020 | UPSC