The System is Broken, Not Just the Officers

• India has no dedicated anti-torture law, despite being a signatory to the UN Convention Against Torture. This reflects a lack of political urgency in protecting human rights.
• Some officers wrongly believe that violence is a necessary shortcut for justice—especially when courts move slowly or evidence is weak.
• Police brutality is not always physical. Verbal abuse, sleep deprivation, intimidation, and denial of basic needs are all forms of custodial torture that often go unnoticed and unpunished.
• Lack of reliable data on such cases makes it easier for the guilty to escape punishment and harder for reforms to be properly implemented.

The Culture of Fear Inside Police Forces

• The police force is still influenced by colonial-era ideas of control and fear rather than community service. Marginalised groups are often treated as suspects, not citizens.
• The hierarchical and toxic work culture within police departments rewards aggression, not empathy.
• Vigilante-style movies that show cops using violence to “deliver justice” only normalize brutality in real life.
• Lower caste and poor communities suffer the most under this system. They are often presumed guilty just because of how they look, dress, or speak.

The Dangerous Power of Public Approval

• When police kill someone accused of a crime, especially a high-profile one, many people support the action without waiting for trial. This gives silent approval to lawlessness.
• Public celebration of extrajudicial actions—like the Hyderabad rape case encounter—sends a message to police that using force will make them heroes.
• But justice is not just about punishing the accused—it’s about doing it legally, fairly, and without cruelty. Skipping due process opens the door to tyranny.

Loopholes in Law That Protect the Guilty

• The law says confessions made to the police can’t be used in court—but Section 27 of the Indian Evidence Act allows any material found due to a confession to be used. This loophole is abused to justify torture.
• Judicial magistrates are supposed to protect arrested people by checking for signs of torture during their first appearance. But most hearings are rushed and meaningless.
• Medical examinations are treated like formality. Doctors often don’t ask questions or record injuries seriously, reducing chances of justice.

CCTV, Watchdogs, and Why They Fail

• In 2020, the Supreme Court ordered CCTV cameras in police stations. But many are either non-functional or turned off when torture happens.
• Illegal detention often happens in secret places—not even inside official lock-ups—where no cameras exist.
• Police Complaints Authorities, meant to independently investigate such abuse, are not set up in most states. And where they exist, they’re often filled with serving officers, defeating the purpose.

Existing Legal Provisions: Rules That Rarely Work

• Criminal Procedure Code (CrPC):
  • Section 41 mandates that arrests must follow documented procedures with justifiable reasons. It also ensures that detainees can access legal aid and inform their families.
• Indian Penal Code (IPC):
  • Sections 330 & 331 punish police officers for causing harm to extract confessions.
  • Sections 302, 304, 304A, and 306 can be invoked in cases of custodial death, but are rarely used effectively.
• Indian Evidence Act, 1872:
  • Section 25: Confessions to police are inadmissible in court.
  • Section 26: Confessions are valid only if made before a magistrate.
  • Section 27: Allows the use of evidence discovered through confessions — a loophole often misused to justify torture.
• Indian Police Act, 1861:
  • Sections 7 & 29 allow for dismissal or suspension of officers guilty of misconduct — but enforcement is inconsistent and often politically influenced.

Constitutional Provisions: Rights Ignored in Custody

• Article 21 guarantees that no person shall be deprived of life or personal liberty except according to a fair and just legal procedure. It is the cornerstone against torture and custodial abuse.
• Article 22 provides protection against arbitrary arrest and detention. It also ensures the right to consult and be defended by a legal practitioner of one's choice.
• Police and Public Order fall under the State List in the Seventh Schedule, making state governments primarily responsible for preventing human rights violations in custody.
• The Protection of Human Rights Act (PHRA), 1993 established the NHRC and State Human Rights Commissions to investigate complaints against public authorities.

What Can Be Done to Fix This?

• Pass a strong, clear anti-torture law that makes all forms of custodial violence a punishable crime.
• Train police in modern techniques like forensic investigation and psychological profiling, so they don’t rely on physical force.
• Decriminalise minor crimes like petty theft, loitering, and public nuisance. This will reduce unnecessary arrests and overcrowding in jails.
• Teach citizens their rights. If people know what police can and cannot do, they’re more likely to resist injustice and demand reform.

Conclusion: Justice Shouldn't Depend on Fear

The death of Ajith Kumar is not just a tragedy—it’s a warning. A country where the protectors become violators is a country in danger. Fixing this will take more than laws—it needs political will, honest leadership, and public awareness. As citizens, we must stop celebrating instant justice and start demanding lawful, fair, and humane policing.