Custodial Deaths in India and which need Attention:
Custodial death is one of the most heinous violations of human rights in a democratic
society governed by the rule of law. It is that death which takes place when the person is
within the custody of law enforcement agencies, mostly resulting from torture, negligence, or
other forms of mistreatment. In India, this issue has been a challenge for years and years with
the number of cases that point towards the urgent need for systemic reforms and
accountability. If we read the past case precedents like in the case of Joginder Kumar v.
State of U.P. (1994) this landmark case emphasized the importance of protecting the
fundamental rights of individuals under arrest. The Supreme Court issued guidelines to
ensure that the rights enshrined in Articles 21 and 22 of the Constitution are scrupulously
protected. Then after that another landmark case which is D.K. Basu v. State of West Bengal
(1997), this case is pivotal in the fight against custodial violence. The Supreme Court laid
down comprehensive guidelines to be followed in all cases of arrest and detention. These
guidelines aim to prevent custodial torture and ensure the dignity and safety of detainees.
Then one of the most significant landmark judgments would be that of Yashwant v. State of
Maharashtra 2018 wherein the SC upheld the conviction of nine Maharashtra police officers
in a custodial death case also extending their jail terms from three to seven years. The court
noted the eroding effect of incidents involving the police on public confidence in the criminal
justice system. Now, come to recent case precedent of Kotkhai Custodial Death Case
(2025), In January 2025, a special CBI court in Chandigarh convicted eight policemen,
including a Himachal Pradesh Inspector General of Police, in a custodial death of Suraj, an
accused in a gang rape and murder case. The court sentenced the convicts to life
imprisonment and a fine of Rs 1 lakh each.
Recently, the tragic case of P. Jeyaraj and his son Fenix in Tamil Nadu brought this issue to
the fore. Father-son duo was arrested for keeping their shop open past permitted hours during
the COVID-19 lockdown. The duo was reportedly brutalized in police custody and later died
in jail. This incident stirred up a wave of outrage all over the nation, with the hashtags
#JusticeForJayarajAndFenix trending on social media. The case led to widespread public
pressure for accountability and reform.
Custodial deaths not only violate the basic right to life and personal liberty but also break the
trust of the public with law enforcement and the judiciary. The Supreme Court has always
held that there must be strict adherence to guidelines and accountability mechanisms so that
such incidents do not take place. In the Kotkhai case, the judiciary held law enforcement
accountable for custodial torture and death.
Custodial death continues to be an issue in India that needs to be addressed and reformed
within the system. The judiciary has also been important in setting guidelines and holding
individuals accountable through landmark judgments. The recent incidents, however, speak to
the fact that there needs to be continued vigilance and the enforcement of guidelines to avoid
such violations of human rights again. The public outrage and judicial precedent established
in these cases, especially the Kotkhai and Jeyaraj incidents, highlights the need for protecting
the detainees' rights while upholding the integrity of criminal justice.
