Matter of shame

Two recent strictures by courts against the police in India bring into focus what should be considered a matter of shame – custodial torture. Both Pragya Thakur and Lt Col Purohit, accused in the Malegaon blasts case have alleged that they were tortured while in police custody. She has asserted the torture was physical and mental. The allegations have been taken seriously by the court, which has turned down requests by the Anti-Terror Squad for further custody and instead remanded her and the other key accused to judicial custody. This is apparently a very rare occurrence.

Coincidentally, a judicial inquiry instituted by the Bombay High Court has just revealed in its report that the accused in the 11/7 serial train blasts were very badly beaten up by prison staff while in custody. The report further indicts prison doctors for not treating those who were badly injured. The Mumbai police’s record in this matter is hardly exemplary —  they are already under the scanner for the custodial death of Khwaja Yunus.

Police torture is one of those peculiar subjects, where everyone knows about it but no one wants to talk about it. The allegations made by the Sadhvi are shocking, but it must be admitted that all too often civil society is not shocked enough. There is an underlying feeling that this is how the police must operate if it wants information—an underlying subtext is the feeling that the accused, who often in the public mind are already guilty, deserve no sympathy and have, somehow, lesser human rights.

But in any civilised society, everyone has some fundamental rights, even those accused of terror. India has been chary of ratified covenants such as the Convention Against Torture which we signed in 1997. Apparently, some fears were expressed about international scrutiny of local practices that such an agreement would entail. That is an irrational fear that diverts attention away from what is a deplorable practice. If India had a clean human rights record when it came to police custody, there would be no need for international scrutiny.

As usual, it is the Indian courts which have brought some sanity into proceedings. The rebuke to the Anti-Terrorism Squad in the denial of custody by the MCOCA court ought to be an impetus for it to reconsider its ways. Similarly, for the jail authorities at Arthur Road jail, which has picked up a reputation of being a poorly-run institution. Presumption of innocence is the keystone of our justice system and police torture attacks it to its core, as human rights activists have pointed out. However, as long as our lawmakers and civil society turn a blind eye towards police torture, there is only so much that courts can do. The strictures of the court in the case of the Malegaon accused should serve as a warning to the police.