In Tamizh Nadu, a state in southern India, there is a very famous phrase: “Kaaval thurai ungal nanban”, which means; “The police department is your friend”.  However, the custodial deaths of Jeyaraj and Bennix in the Tuticorin district of Tamizh Nadu in 2020 contradict this phrase. This incident in 2020 sparked significant public outrage, and subsequently highlighted the worrying increase in custodial deaths that are happening in India. It has also brought attention to the issues of caste, class, and religious factors in relation to the disproportionate incarceration, torture, and deaths of individuals from marginalised communities.

CUSTODIAL DEATHS

In 2020, Jeyaraj (his last name is undisclosed, which is likely due to the cultural norm of only using mononyms in Tamizh Nadu) was arrested by the police on 19 June in Tuticorin district. This was done under the pretense of an “inquiry,” following an altercation near Jeyaraj’s woodwork shop. Later that day, his son, Bennix was eventually allowed inside the police station to visit him. Three days later Jeyaraj and Bennix died while they were in custody.

This situation differs from other custodial deaths that have occurred in India, due to the way they Jeyaraj and Bennix died. It is alleged that they were tortured for days to the point where the police had to keep changing their clothes because of the continuous rectal bleeding. The police maintained that Jeyaraj and Bennix were arrested because they kept their shop open beyond the state-mandated curfew enforced during the Covid-19 pandemic. The Madras High Court took cognizance of the case, and has decided to oversee the proceedings.  

In 2019, India recorded nearly 1,723 custodial deaths, according to the National Human Rights Commission. 1,606 of these deaths happened while the victim was in judicial custody, and an additional 117 deaths occurred while in police custody. This equates to approximately five deaths per day.

BIAS AND THE ABUSE OF POWER

Custodial deaths frequently involve some form of discriminatory abuse of power. If we consider the incarceration rates all over India we can see the bias that exists in Indian law enforcement. According to The Annual Report on Torture released by the National Campaign Against Torture, nearly 60% of the custodial deaths that occurred happened to people who were from the socioeconomically marginalised communities – which include Dalit castes and Adivasi tribes, minority religious communities, and economically backward communities. Most of them were arrested for petty crimes like theft, burglary, gambling, and the unlicensed selling of liquor. The report states that their socioeconomic status made them easy targets.

Jeyaraj and Bennix belonged to the Christian Nadar community, one of the lower castes, and also to the minority religious community of the Tuticorin district in Tamizh Nadu. They were also from an economically-backward background. One of the police inspectors involved in the matter, Raghu Ganesh, has a reputation for beating up people who side with the Nadar community, according to witnesses from the Tuticorin district. While the victims may have been unable to seek recourse due to their economic position, it is still unclear if the murder was motivated by caste or religious biases. Based on the petty nature of the crime that the deceased were arrested for, and the inspector’s track record of caste-motivated aggression, it is worthwhile to examine the case through the lens of bias.

CHECKS AND BALANCES

The unfair arrest and torture of people from marginalised communities is not new in this world. In order to stop combat this, the United Nations has come up with a number of human rights treaties and conventions, especially to protect the rights of the marginalized communities. One of the fundamental human rights is freedom from torture and inhumane punishment. According to the International Covenant on Civil and Political Rights (ICCPR), inflicting torture on someone is a gross human rights violation, irrespective of the nature of the crime. Specifically, article 7 provides for protection against subjecting people to inhumane, degrading punishments and torture. As mentioned in article 4 in ICCPR, even at times of public emergency (such as Covid 19 pandemic), article 7 must be upheld – which means no one should go through inhumane punishments under any circumstances. The prohibition is not only for physical punishments but also for mental torture. For example, prolonged solitary confinement and verbal abuse can be included in the prohibition under article 7 as well. The accused person must be treated with dignity and respect. 

THE IMMUNITY OF POLICE OFFICER 

Despite India being a signatory to the ICCPR, people from marginalised communities continue to be victims of custodial deaths and inhumane punishments, mostly for petty crimes. Under section 197 of code of criminal procedure, a prior sanction from the central or state government is needed in order to convict a government officer for their alleged criminal activities. In addition to this, no court shall take cognizance of such offense without the prior sanction. This is also supported by section 451 and section 132 of the coder of criminal procedure and section 6 of the Armed Forces Special Power Act. In 2018, according to the report released by the National Crime Records Bureau, only in three cases nine police officers were arrested but they were not convicted. Out of 500 cases of “death or disappearance of persons remanded to police custody by court”, 281 cases were registered, 54 police officers were chargesheeted but not a single police officer was convicted. In the case of Jeyaraj and Bennix, though nearly 12 police officers were involved, only two police officers including Raghu Ganesh were suspended.

Marginalised communities are not simply statistics; they all have the right to live a life with dignity. The state should make sure that this right is protected as well. People who abuse power must be held accountable for their actions.

Shibani is a 3rd year International Relations and Peace Studies student focusing on human rights and international law. Her research interests are: human rights abuses such as the Tamil Genocide; caste based atrocities in India; and the Global Refugee crisis.

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