This Case Commentary is written by Hamna Fahad, a Fourth Year Law student of Aligarh Muslim University, Aligarh,UP

INTRODUCTION

In India, wrongful convictions often lead to harsh prison conditions, where inmates face overcrowding, poor hygiene, and sometimes abuse, including sexual abuse in custody. These issues highlight serious concerns about human rights and the need for reforms in the justice and prison systems.

Human Rights Violations in India’s Criminal Justice System[1]

In India, the Code of Criminal Procedure (C.r.PC) outlines essential protocols for the arrest and detention of individuals. According to the C.r.PC, anyone detained by the police must be presented before a magistrate within 24 hours of their arrest, excluding travel time. For extended detention, police must obtain a magistrate's special order. Initially, police custody can last up to 14 days, but after that, another order is necessary. The law stipulates a maximum police custody of 90 days for serious offenses and 60 days for lesser crimes. However, adherence to these guidelines is often inconsistent, raising serious concerns about the treatment and rights of detainees.

Legal Aid and the Remand Process

India's legal framework theoretically provides legal aid for those unable to afford it. Unfortunately, this assistance is often available only at the trial stage, leaving many detainees to appear in remand court without legal representation. Observations from remand courts, particularly in Mumbai, indicate that proceedings can be rushed, especially for unrepresented individuals. Magistrates may extend custody without adequately investigating the detention's justification or exploring bail options. Those who can afford private legal counsel typically achieve more favourable outcomes, highlighting significant disparities in how the justice system treats economically disadvantaged individuals.

Conditions in Police Lock-Ups[2]

Police lock-ups across India are frequently overcrowded and poorly maintained. Organisations like the Lawyers Collective have reported on these conditions, which often lack basic sanitation, ventilation, and essential amenities like clean clothing and bedding. Detainees are typically confined in small, inadequately ventilated spaces with minimal facilities. Overcrowding is particularly severe at night, with limited access to hygiene products and drinking water.

Beyond these harsh physical conditions, detainees often endure torture and abuse. Civil rights organizations, such as the People’s Union for Democratic Rights (PUDR), have documented instances of physical torture, with some cases resulting in death. Authorities frequently attribute these deaths to "natural causes" or pre-existing health issues, with little accountability. Post-mortem examinations, often conducted by police-affiliated doctors, rarely provide impartial assessments of the causes of death.

Custodial Deaths and Disappearances

Custodial deaths and disappearances remain critical issues in India. Numerous individuals "disappear" after being taken into police custody, leaving their families without any explanation. Civil rights groups have recorded multiple cases of such disappearances over the years. For instance, between 1984 and 1989 in Andhra Pradesh, civil liberties organizations reported 111 deaths and 21 disappearances linked to police custody. In some instances, bodies are disposed of in ways that hinder determining the cause of death, complicating the pursuit of justice.

The Need for Systemic Reform

The treatment of detainees in India underscores the urgent necessity for reform. Key areas include ensuring legal aid from the point of remand, improving oversight of detention facilities, and enforcing existing laws on detention duration. Implementing independent medical examinations for custodial deaths could enhance transparency and accountability. Such reforms are crucial for protecting detainees' rights and preventing abuse within the system. A coordinated effort is essential for making India's criminal justice system just, humane, and equitable for all individuals.

Wrongful Convictions: A Need for Research and Reform

In contrast to countries like the United States, the United Kingdom, and Canada, which have extensively researched wrongful convictions, India lacks a comprehensive national registry or dedicated research in this area. Although wrongful conviction cases surface in global registries, this absence complicates the systematic analysis of the issue and the identification of vulnerable groups.[3]

Project 39A is one organization addressing this gap by compiling statistics on death penalty cases since 2016. Their data reveals that from 2016 to 2022, Indian High Courts and the Supreme Court overturned 201 wrongful death penalty convictions, highlighting significant errors within the criminal justice system. With 539 individuals on death row as of 2022, the issue of wrongful convictions is alarming. However, legal resources in India often prioritize high-stakes cases like death penalties, neglecting less severe crimes, leaving many individuals without proper legal representation.

Inequality and Discrimination in Wrongful Convictions

Renowned legal philosopher Ronald Dworkin argued that while individuals may not have a right to reforms eliminating wrongful convictions, they do have a right to equality within the system. This principle suggests that the risks of wrongful conviction should not disproportionately impact specific groups. However, data shows that marginalized communities—such as religious minorities, Scheduled Castes, Scheduled Tribes, and Other Backward Classes—are overrepresented in Indian prisons. Over 25% of prisoners are illiterate, with many coming from economically and socially disadvantaged backgrounds, underscoring the systemic biases present.

The Indian Supreme Court[4] Has occasionally acknowledged these biases. In a landmark ruling on wrongful terrorism convictions, the Court emphasized that law enforcement should avoid profiling based on religion or other discriminatory criteria, stating, “No innocent person should suffer because ‘My name is Khan, but I am not a terrorist.’” This ruling underscored the need for justice that respects equality, especially in cases involving vulnerable groups.

Wrongful Convictions in Terrorism Cases

Terrorism cases in India often involve wrongful convictions based on coerced confessions.[5]. This issue raises broader concerns about exceptions in Indian law allowing extra-judicial confessions, which increase the risk of false convictions. A notable example is the Swaminarayan Akshardham Temple case, where six individuals were wrongfully convicted based on dubious evidence and coerced confessions following a terrorist attack. The Indian Supreme Court criticized the police’s handling of the investigation when it acquitted the accused in 2014.

Prison Brutality and Sexual Violence[6]

The abuse of prisoners, particularly sexual violence, represents another pressing human rights issue in India. Vulnerable prisoners, especially LGBTQ+ individuals, face significant risks of sexual assault in male prisons. Reports of sexual violence often go unreported, and victims face intimidation when attempting to speak out. Many suffer from post-traumatic stress disorder and struggle to reintegrate into society post-release due to stigma and a lack of support.

Conclusion: Moving Toward Justice and Reform

India's criminal justice and prison systems demand comprehensive reforms to tackle wrongful convictions and prison brutality. Establishing a national registry for wrongful convictions would be a critical first step toward illuminating the causes and extent of the problem. Furthermore, procedural reforms limiting the admissibility of extra-judicial confessions, especially in terrorism cases, are essential. For prison reform, implementing oversight mechanisms and enacting laws to protect prisoners from sexual violence are crucial.

Every prisoner, regardless of their crimes, deserves dignity and respect. Addressing wrongful convictions and prison brutality is vital for upholding human rights and ensuring that justice serves all equitably. Without meaningful reforms, the justice system risks losing its integrity and failing in its duty to protect every citizen.

References-

1. Payal, “Prison Rape and Violence in India”,2 International Journal of Legal Science and Innovation 2020.

2. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4729087#:~:text=The%20second%20part%20of%20this,subject%20to%20pre%2Dtrial%20detention.

3. Human Rights Watch, “Prison condition in India”, 1990.

4. G. Alex Sinha & Janani Umamaheswar, “Wrongful Imprisonment and Coerced Moral Degradation Wrongful Imprisonment and Coerced Moral Degradation”, Hofstra Law Faculty,2022.

5. Raj Shekar, “Rampant sexual abuse is a real nightmare in Tihar”, The Hindu, June 11, 2015,available at- https://timesofindia.indiatimes.com/city/delhi/rampant-sexual-abuse-is-a-real-nightmare-in-tihar/articleshow/47621742.cms (last visit on Oct 11, 2024)

6. On false confessions in India, see H.S. Janavi & Divya Deshpande, “Confession: Critical Analysis under Indian Evidence Act ”,(2021) 4 (3) IJLMH 1917.

[1]Human right watch, “Prison condition in India”, 1990.

[2] Human right watch, “Prison condition in India”, 1990.

[3] Hans Sherrer, “Innocent database sorted by location of Exoneration ” (fore justice.org) <http://forejustice.org/db/location/innocents_l.html>accessed.

[4] Ashraf khan v. State of Gujrat (2012) 11 SCC 606.

[5] On false confessions in India, see H.S. Janavi & Divya Deshpande, “Confession: Critical Analysis under Indian Evidence Act ”,(2021) 4 (3) IJLMH 1917.

[6] Payal, “Prison Rape and Violence in India”,2 International Journal of Legal Science and Innovation 341 (2020).