Custodial Violence and deaths: A comparative study of India and

United state of America.

SYNOPSIS

By

Ankit Ku-
mar 2020-
342-018

School of Law, Hamdard Institute of Legal Studies & Research (HILSR)

Prepared and Finalized under the Supervision of

Dr. Md Shahzad Sir, Assistant Professor

Jamia Hamdard

New Delhi
Title:
Custodial Violence and deaths: A comparative study of India and United state of America.

Introduction
Custodial violence refers to the physical, psychological, and sexual abuse inflicted upon individuals
by law enforcement or prison authorities while they are in custody. It is a severe violation of human
rights and typically occurs in police stations, detention centers, and prisons where individuals, either
accused or convicted of crimes, are held in custody. Custodial violence includes torture, excessive
use of force, denial of basic rights, and in extreme cases, death. This abuse is often aimed at obtain-
ing confessions, punishing individuals, or maintaining control over those held in detention. The issue
of custodial violence has been a persistent concern worldwide, with many countries facing serious
challenges in safeguarding the rights of detainees. Despite the existence of international human
rights laws, such as the United Nations Convention Against Torture (1984), which explicitly pro-
hibits such acts, custodial abuse remains widespread in numerous countries. This failure to protect
detainees is often exacerbated by weak judicial oversight, poor implementation of laws, corruption,
and a lack of accountability within law enforcement agencies. In countries like India, custodial vio-
lence is particularly prevalent, where it is often seen as a tool to extract confessions or punish indi-
viduals, particularly those from marginalized communities.

The absence of comprehensive legal frameworks and effective enforcement mechanisms has al-
lowed custodial violence to persist with impunity. High-profile cases of custodial abuse have
sparked public outrage and legal reforms but have not entirely eliminated the problem. Similarly, in
the United States, though legal protections against such abuses exist, issues like overcrowding in
prisons, racial discrimination, and the militarization of the police force contribute to ongoing inci-
dents of custodial violence. Racial minorities, especially Black individuals, are disproportionately af-
fected by custodial abuse in the U.S., where systemic issues within law enforcement play a key role
in perpetuating violence. Custodial violence is a critical issue that undermines the rule of law, human
dignity, and the very principles of justice that underpin democratic societies. Addressing it requires
not only stronger legal frameworks but also robust mechanisms for accountability, independent over-
sight, and widespread cultural changes within law enforcement agencies. Ensuring that individuals in
custody are treated humanely and their rights respected is essential for safeguarding justice and up-
holding fundamental human rights globally.
Custodial death refers to the death of an individual while in police custody, prison, or any other form
of detention. This tragic occurrence is often the result of excessive force, torture, neglect, or inade -
quate medical care, and represents a severe violation of human rights.

Custodial deaths are typically associated with custodial abuse, where the individual may be sub-
jected to physical torture, mental trauma, or inadequate conditions that lead to their untimely death.
In many cases, these deaths occur under suspicious circumstances, raising concerns about the abuse
of power by law enforcement and the lack of accountability within the justice system. Across the
world, custodial deaths continue to be a significant problem, despite international treaties and do-
mestic laws that prohibit such occurrences.

The United Nations Convention Against Torture (1984) explicitly condemns the use of torture and
deaths in custody, yet the implementation of these laws remains weak in many regions. Custodial
deaths are often characterized by systemic issues, such as overcrowding in prisons, insufficient over -
sight, corruption, and the lack of proper training and accountability of law enforcement officers. In
countries like India, custodial deaths are a recurring issue, often linked to poor prison conditions,
abuse by police officers, and a lack of medical attention. Despite constitutional safeguards and the
existence of legal provisions, these deaths continue to happen with alarming frequency.

In the United States, custodial deaths are also a major concern, with a disproportionate number of
deaths occurring in marginalized communities, particularly among racial minorities. The reasons be-
hind custodial deaths in both nations are deeply intertwined with institutional failures and the
broader problem of impunity within law enforcement. Addressing custodial deaths requires compre-
hensive legal reforms, rigorous enforcement of human rights protections, and independent oversight
mechanisms to ensure accountability and prevent further loss of life.

Custodial violence and custodial deaths are grave human rights violations that occur within law en-
forcement custody, including police stations, jails, and detention centers. Both India and the United
States face challenges regarding custodial abuse, but the context, prevalence, and causes differ in
significant ways, shaped by historical, social, and institutional factors.In India, custodial violence
and deaths have been longstanding issues, primarily linked to police brutality, inadequate legal pro-
tections, and the lack of robust accountability mechanisms. Police officers often resort to excessive
force or torture to extract confessions from suspects, particularly in cases of alleged terrorism or seri-
ous crimes. Despite constitutional protections against torture (Article 21), India does not have a com-
prehensive anti-torture law, which leaves significant gaps in preventing custodial abuse. Cases like
the death of Suresh Kumar (2015) and Rajiv Kumar (2006) have drawn widespread attention to this
issue, with hundreds of custodial deaths reported annually.

In 2020, the National Human Rights Commission (NHRC) recorded 1,672 deaths in judicial cus-
tody, many of which were attributed to inadequate medical care or violence by authorities.

In contrast, the United States also experiences custodial violence, but the nature of the problem is of -
ten compounded by issues of racial discrimination and systemic failures in the justice system. U.S.
police forces are notorious for using excessive force, especially against marginalized communities,
particularly Black Americans. The deaths of George Floyd (2020) and Eric Garner (2014) are stark
examples of police brutality leading to fatalities in custody. Unlike India, the U.S. has more legal
safeguards against torture, such as the Eighth Amendment prohibiting cruel and unusual punishment.
However, issues like overcrowding in prisons, inadequate healthcare, and racial profiling still con-
tribute to a significant number of custodial deaths. The Bureau of Justice Statistics consistently re-
ports thousands of deaths in U.S. jails and prisons annually, including suicides and deaths resulting
from violence by staff.

Both nations face challenges with impunity and lack of accountability. In India, police officers are
often shielded by political connections or institutional reluctance to hold them accountable. In the
U.S., while there have been some successful cases of police officers being convicted, systemic issues
like the militarization of the police and public distrust make accountability more difficult.

Literature of Review
Legal Framework
Governing Custodial Violence in India
India’s legal response to custodial violence is embedded in its constitutional and statutory
framework

Constitutional Provisions:
Article 21: Right to life and personal liberty, interpreted to include protection from torture and
custodial abuse.
Article 22: Safeguards against arbitrary arrest and detention.
Article 32 and 226: Right to constitutional remedies for human rights violations, including
habeas corpus petitions.
Statutory Provisions:
Indian Penal Code (IPC), 1860
Section 302: Punishment for murder, applicable to custodial deaths caused by police.
Section 304: Punishment for culpable homicide not amounting to murder.

Section 330 & 331: Punishment for voluntarily causing hurt or grievous hurt to extort confes-
sion.

Code of Criminal Procedure (CrPC), 1973:

Section 41B: Guidelines for arrest and custodial treatment.
Section 176: Judicial inquiry into custodial deaths.

Evidence Act, 1872:

Section 25: Confession made to police officers is inadmissible in court, preventing forced con-
fessions.

Legal Framework Governing Custodial Violence in the United States:

The U.S. legal system offers extensive protections against custodial violence through constitu-
tional rights, federal and state laws, and judicial interventions:
Constitutional Provisions:
Fourth Amendment: Protection against unreasonable searches and seizures, applicable to ex-
cessive police force.
Fifth Amendment: Right against self-incrimination and forced confessions.
Eighth Amendment: Prohibition of cruel and unusual punishment, including custodial torture.
Fourteenth Amendment: Due process and equal protection, ensuring fair treatment in cus-
tody.

Statutory Provisions:
Civil Rights Act, 1871 (42 U.S.C. § 1983): Provides for civil action against police officers vi-
olating constitutional rights.
Prison Litigation Reform Act (PLRA), 1996: Governs lawsuits filed by prisoners regarding
inhumane conditions or custodial abuse.
Death in Custody Reporting Act (DCRA), 2000: Mandates reporting of custodial deaths by
law enforcement agencies.

Books and Articles:

1. Bhuiyan, R. (2012). "Custodial Torture in India: A Human Rights Perspective." Asian
Journal of Law and Governance, 1(1), 1-15.
This article delves into the severe issue of custodial torture in India, critically examining the
challenges faced by victims in seeking justice. Bhuiyan analyzes the systemic nature of torture
within police stations and custodial settings, focusing on how the lack of adequate legal frame-
works and societal indifference contribute to the prevalence of abuse. The article highlights the
roles of cultural and institutional barriers that prevent the effective
implementation of reforms and legal protection for detainees. Moreover, Bhuiyan explores how
custodial torture undermines human rights, calling for robust legislative and judicial changes to
safeguard individuals' rights while in custody.

2. Sarkar, N. (2018). "Prison and Police Reforms in India." Indian Law Review, 4(2), 89-
104.
Sarkar's work examines the long-standing issue of custodial abuse in India, focusing on reforms
within the prison and police systems. The article provides an overview of legal measures intro-
duced to address custodial violence and the ineffectiveness of many of these reforms in mitigat-
ing the systemic issues that lead to such violence. Sarkar offers a detailed critique of how insti -
tutional inertia, lack of accountability, and political influence have stymied meaningful reform
efforts. The paper also emphasizes the importance of comprehensive police and prison reforms,
incorporating international human rights standards to address the root causes of abuse and pro-
mote accountability within the justice system.
3. Human Rights Watch (2008). "Callous and Cruel: Abuse of Persons in Custody in In-
dia."
This report by Human Rights Watch provides a comprehensive overview of the abuse and tor-
ture faced by individuals in custody in India. It documents a wide range of specific cases, in-
cluding physical torture, sexual abuse, and deaths occurring in police stations and prisons. The
report outlines the government's failure to implement laws and policies that protect detainees
from abuse and offers a critique of the culture of impunity that surrounds custodial violence. It
concludes by recommending urgent policy changes, including the implementation of legal re-
forms to improve the treatment of detainees, stricter monitoring of law enforcement practices,
and greater support for victims of custodial abuse.

4. Davis, A. Y. (2003). Are Prisons Obsolete? Seven Stories Press.

Davis' seminal work critiques the prison system in the United States, arguing that the concept
of prisons and punishment is outdated and inherently unjust. While the book does not focus ex -
clusively on custodial violence, Davis provides a broader context for understanding the dynam-
ics of abuse and dehumanization in carceral institutions. The text delves into the historical and
political roots of the prison system, discussing how it perpetuates a cycle of violence, oppres-
sion, and marginalization. Davis calls for a radical transformation of how society addresses
crime and punishment, advocating for alternative systems of justice that are rooted in rehabili-
tation and restorative practices.

5. McDowell, C. (2010). "Injustice in U.S. Prisons: The Role of Custodial Abuse." Ameri-
can Journal of Criminal Justice, 35(1), 49-62.
McDowell’s article explores the pervasive issue of custodial abuse in U.S. prisons, investigat-
ing its causes, consequences, and the broader implications for the criminal justice system. The
paper compares custodial practices across different U.S. states, revealing patterns of abuse, ne-
glect, and systemic failures that contribute to the high rates of violence in prisons. McDowell
examines the legal and institutional responses to allegations of abuse, arguing that the lack of
accountability and transparency exacerbates the problem. The article calls for stronger over-
sight, better training for correctional staff, and the implementation of reforms aimed at reduc-
ing the instances of abuse in detention facilities.

6. Mundy, A. (2011). The U.S. Prison System: Human Rights and Reform. University of
Chicago Press.
Mundy’s book offers an in-depth analysis of the U.S. prison system, focusing on the human
rights abuses that occur within carceral institutions, including custodial deaths and mistreat-
ment of prisoners. The author explores the historical evolution of the U.S. prison system and
the ways in which it has perpetuated systemic injustices. The book critically examines the role
of the state in perpetuating violence against incarcerated individuals and provides a nuanced
understanding of how legal, political, and social factors contribute to the continued abuse of
prisoners. Mundy advocates for comprehensive reforms, including better training for law en-
forcement, the abolition of practices that disproportionately harm marginalized communities,
and the implementation of international human rights standards within the U.S. prison system.

Statement of Problem
Custodial violence and deaths remain critical human rights issues in both India and the United
States. In India, police torture and deaths in custody are prevalent, often due to weak legal en-
forcement and police impunity. Similarly, the U.S. faces high rates of excessive force, particu-
larly affecting racial minorities, despite legal safeguards. Both countries struggle with account-
ability and systemic issues like overcrowded prisons and social inequalities. This study seeks to
compare the causes, legal frameworks, and responses to custodial violence in India and the U.S.
to identify common challenges and potential reforms for better protection of detainees' rights.

Research Questions
1. What are the main causes of custodial violence and deaths in both countries?
2. How effective are legal frameworks in preventing custodial violence in India and the U.S.?
3. How do accountability mechanisms in India and the U.S. address custodial abuse?
4. How do public awareness and activism influence custodial violence in both countries?
5. How do socio-cultural factors, like race and caste, impact custodial violence in India and the U.S.?
6. What reforms can both countries adopt to reduce custodial violence and deaths?

Purpose of the Study

The purpose of this study is to examine and compare custodial violence and custodial deaths in
India and the United States. By analyzing the legal frameworks, causes, and prevalence of custo-
dial abuse in both countries, the study aims to identify common challenges, including issues of
police impunity, systemic discrimination (such as caste and racial disparities), and inadequate
accountability mechanisms. The research will seeks to evaluate the role of public awareness and
activism in addressing custodial violence. Ultimately, the study aims to provide recommenda-
tions for legal reforms, improved oversight, and better protection of detainees' rights in both na-
tions.
Scope of the Study
The scope of this study includes a comparative analysis of custodial violence and deaths in India
and the United States, focusing on legal frameworks, causes, and accountability mechanisms. It
examines the impact of racial and caste-based discrimination, public activism, and systemic fac-
tors. The study aims to identify reforms and strategies to improve detainee protection and reduce
custodial abuse in both countries.

Hypothesis
While both India and the United States experience significant instances of custodial violence and
custodial deaths, the disparity in legal frameworks, enforcement mechanisms, and socio-political
influences contributes to differing levels of accountability and justice in the two jurisdictions.
This study hypothesizes that India’s challenges are rooted primarily in systemic corruption, inad-
equate implementation of legal protections, and a lack of independent oversight, whereas in the
U.S., issues of racial discrimination, qualified immunity for law enforcement, and institutional
bias perpetuate custodial violence despite a robust legal system.

Methodology
This research will apply a comparative legal analysis framework, examining custodial violence and
deaths in India and the United States through qualitative and quantitative methods. The study aims to
examine the legal frameworks, frequency, causes, and mechanisms for accountability in both juris-
dictions to suggest reforms based on best practices. My research will be based on both primary and
secondary data. In primary based data sources such as statutes, judicial precedents, government offi-
cial reports and international organization-United Nation (UN),united nation human rights council
(UNHRC) The un convention against torture (CAT), amnesty international, The international crimi-
nal court (ICC) as well as secondary sources including academic articles, NGO reports, and news
publications. The analysis will applying doctrinal and comparative methods, statistical evaluation of
custodial death data, and case study analysis of significant incidents in both countries.
Tentative Chapterisation

Chapter 1: Introduction

Chapter 2: Historical Background of Custodial Practices

* Evolution of policing and custodial systems in India.
* The development of law enforcement practices in the United States.
* The social, cultural, and political dynamics that contribute to custodial violence in both countries.

Chapter 3: Legal Framework and Safeguards Against Custodial Violence

* India: Constitution of India, the Criminal Procedure Code (CrPC), and key legislations
* United States: Constitution, Bill of Rights, and judicial precedents.
* International standards: United Nations Convention Against Torture (CAT) and how both countries
comply.
* Analysis of the effectiveness of legal frameworks in preventing abuse.

Chapter 4: International Perspectives and Comparisons

* How custodial violence is treated globally: A look at European models, Asian countries, and human
rights approaches
* Lessons from international cases and human rights standards that could influence reforms in India
and the U.S.
* Comparative analysis of judicial and policy responses from other democracies to custodial abuse

Chapter 5: Custodial Violence and Deaths in India & U.S: Case Studies
* Detailed examination of prominent Rulings
* Impact of the lack of accountability within India's police force
* Review of high-profile ruling of police brutality and custodial deaths in U.S
* The role of public protests and media coverage in raising awareness
* Discussion on reforms: Police Reforms Bill, National Human Rights Commission (NHRC)
Chapter 6: Comparative Analysis of Custodial Violence in India and the United States
* Comparative analysis of the rates of custodial violence and deaths in both countries
* Factors influencing the prevalence of custodial abuse: Police culture, legal safeguards, and socioeco-
nomic factors
* Accountability mechanisms in place in both nations: Police oversight, judicial interventions, and
public trust in law enforcement
* The role of civil society in advocating for reforms

Chapter 7: Conclusion & Recommendation

* Key recommendations for India: Strengthening police accountability, judicial oversight, and trans-
parency
* Key recommendations for the U.S.: Police reform, addressing racial bias, community policing initia-
tives
* Summary of findings from the comparative analysis

Bibliography
1. Bhuiyan, R. (2012). "Custodial Torture in India: A Human Rights Perspective." Asian Jour-
nal of Law and Governance, 1(1), 1-15.

2. Sarkar, N. (2018). "Prison and Police Reforms in India." Indian Law Review, 4(2), 89-104.

3. Davis, A. Y. (2003). Are Prisons Obsolete? Seven Stories Press.

4. Human Rights Watch (2008). "Callous and Cruel: Abuse of Persons in Custody in India."

5. McDowell, C. (2010). "Injustice in U.S. Prisons: The Role of Custodial Abuse." American
Journal of Criminal Justice, 35(1), 49-62.

6. Mundy, A. (2011). The U.S. Prison System: Human Rights and Reform. University of
Chicago Press.
7. Amnesty International (2005). "India: Police Torture and Custodial Deaths."

8. National Human Rights Commission of India (NHRC) (2019). "Annual Report on Custodial
Abuse and Deaths."

9. Human Rights Watch (2020). "Denial of Justice: The Impact of Police and Prison Custodial
Abuse in the United States."

10. Supreme Court of India (2015). D.K. Basu vs. State of West Bengal (1997) - Landmark
judgment.

11. The United States Supreme Court (2016). Kingsley v. Hendrickson (576 U.S. 389).

12. Indian Penal Code (IPC), 1860 - Sections related to custodial violence and torture (Sec-
tions 330 and 348).

13. The Civil Rights Act of 1871 (U.S.) - Section 1983, addressing civil rights violations by
law enforcement officers.

14. The U.S. Department of Justice (2020). “The Impact of Police Reform on Custodial
Deaths: A National Overview.”

15. National Crime Records Bureau (NCRB) (2020). "Crime in India Report" (Chapter on
Custodial Deaths).

16. Bureau of Justice Statistics (BJS), U.S. Department of Justice (2020). "Mortality in Local
Jails and State Prisons: 2000-2019."

17. Galtung, J. (1969). "Violence, Peace, and Peace Research." Journal of Peace Research,
6(3), 167-191.
18. Zimring, F. E. (2011). The Contradictions of American Capital Punishment. Oxford Uni-
versity Press.