Custodial Death in Kerala: Threats of Human Rights

Abstract

One of the important functions of the State in modern times is the protection of life, liberty and property of its citizens by maintaining law and order in the State by the police department and to ensure its functionality in a proper manner. The police as protector of society,  plays a vital role in the administration of criminal justice by maintaining law and order, and by preventing and detecting crimes. While ensuring safety and security of the people, the police must also ensure that no member of the society is put in peril and no persons human rights and dignity are violated unlawfully. However, the behaviour of Indian police has been colonial in character and dreadful towards common man by enforcing power unlawfully. The political and other intervention in the police has also created much bad impression in the recent past. It leads to even the death in custody, and violation of fundamental human rights. It raises the public interest and attracts media attention against custody death and violation of human rights in Kerala. Each time the death is due to natural causes or due to inadequate medical facilities or medical attention and diagnosis, or negligent behaviour of authorities or may be due to physical abuse and torture. Person held in custody by police or by prison authorities, retain their basic constitutional rights except for their right to liberty and a qualified right to privacy. This paper analyses increasing trends of custodial death in Kerala in the recent the past and its impact on socio political spheres. This paper also attempts to bring out the intervention of Honourable Supreme Court of India by its verdict not to make any inquiry by the state police and should be proceeded by the Central Agency like CBI, to protect the human rights of citizens of India.

Key Words:Custodial torture, Unlawful arrest and detention, Human Rights, Police,Violations