Breaking the law behind bars

Sentencing of nine policemen by a Madurai district court this month for two custodial deaths in a police station 6 yrs ago is an inflection point. Torture and complete disregard for human rights, apart from being inhumane, show a disregard for rule of law. These acts are forms of vigilantism that throws the law book out, bringing in extrajudicial actions that have no place in a liberal democracy. As the court made clear, a police uniform is not a free pass to trample over civil rights.

India has high custodial violence rates. NHRC registers some 1,700 cases every year. Torture and murder are heinous crimes, but when committed by those charged with upholding law and order, it becomes perverse justice. Such cases are difficult to adjudicate. Surviving victims are often unable to speak for themselves, and official reaction is mute, if any, treating custodial deaths as, at best, 'necessary evil' committed against individuals who 'deserved it', or, at worst, at par with 'encounter killings'.

An actively engaged judiciary and a progressive administration committed to the rule of law, human rights and transparency are essential to tackling this abuse of power. The court's verdict will be appealed at Supreme Court. Meanwhile, the lower court's ruling must catalyse police and legal reforms. Despite being a signatory to the United Nations Convention Against Torture (UNCAT), India has not ratified it. Neither does it have a standalone law on torture. This serious lacuna must be addressed, and Parliament must enact a law against custodial torture. Systemic interventions and their uniform implementation - CCTV recording of all custodial interactions - are necessary. Without them, it's the law that is severely weakened by custodial crimes.