Custodial deaths in Sambhal

• 22 Jan 2025

Why in News? 

Recently, a man died in police custody in Sambhal district of Uttar Pradesh, prompting his family and locals to protest, alleging custodial torture.  

 Key Points 

• About the Incident: 
  • While police suggested a possible heart attack as the cause, the victim's family and locals protested at the outpost, forcing officials to flee to avoid a mob attack. 
  • Later, personnel from the Rapid Action Force (RAF) restored order by deploying forces in the area. 
• Custodial Torture 
  • About: 
    • Custodial torture is the infliction of physical or mental pain or suffering on a person who is in the custody of the police or other authorities. 
    • It is a grave violation of human rights and dignity and often leads to custodial deaths, which are deaths that occur while a person is in custody. 
  • Types of Custodial Death: 
    • Death in Police Custody: 
      • Death in police custody can result from excessive force, torture, denial of medical care, or other forms of abuse. 
    • Death in Judicial Custody: 
      • Death in judicial custody may occur due to overcrowding, poor hygiene, lack of medical facilities, inmate violence, or suicide. 
    • Death in the Custody of Army or Paramilitary Forces: 
      • Can happen through torture, extrajudicial killings, encounters, or crossfire incidents. 
  • Challenges in Preventing Custodial Torture in India: 
    • Lack of ratification of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), which India signed in 1997 but has not yet ratified. 
      • This prevents India from being bound by international obligations and standards to prevent and combat custodial torture. 

 International Conventions for Human Rights 

• International Human Rights Law, 1948: 
  • The International Human Rights Law contains a provision which protects people from torture and other enforced disappearances. 
• United Nation Charter, 1945: 
  • The United Nations Charter calls for treating prisoners with dignity. The Charter clearly states that despite being prisoners, their fundamental freedoms and human rights are set out in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. 
• The Nelson Mandela Rules, 2015: 
  • The Nelson Mandela Rules were adopted by the United Nations General Assembly in 2015 to treat prisoners with inherent dignity and to prohibit torture and other ill-treatment.