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‘Power tends to corrupt; absolute power corrupts absolutely.’
– Lord Acton
This able axiom rings a bell as a ceaseless stream of articles on police severity contact us from around the globe. Albeit a few Indian laws outlines the duties and forces of a cop, numerous in power run their purviews like an individual fiefdom where their position stays liberated by the traditions that must be adhered to.
Police brutality, an unmistakable idea in India today, disregards numerous common and human rights by mishandling and torturing an individual. From 2000-2016, according to National Crime Record Bureau (NCRB) insights, there were 1,022 announced death of people in police authority yet just 428 FIRs were documented, of which only 5% of the police officers were at long last indicted. Custodial brutality have become so typical that we as a masses have to a great extent become numb to such occurrences, except if they are especially appalling.
In the case of Joginder Kumar v. State of UP is the Apex Court held that nobody can be arrested based on a minor allegation as demanded by the constitutional rights of an individual, except if reasonable reason is discovered.
In the ignominious instance of Tukaram and Another v. State of Maharashtra, otherwise called the Mathura Rape Case, two cops had raped a minor girl inside the premises of the police headquarters, while her family was held up outside. The custodial assault case started off immense discussions about the terrible demonstrations of police officers. Another glaring case of custodial violence prompting death of an innocent is Saheli v. Commissioner of Police, Delhi.
In any case, the deplorable instance of 59-year-old Jayaraj and his son Fenix is the latest evidence that there is as yet a vast gorge between what has been commanded and what is being drilled. The two ran a mobile shop in Tuticorin, which was open 15 minutes past the time limit on June 18, during the COVID-19 prompted lockdown. The following day, the police arrested Jayaraj, and Fenix too was arrested upon his appearance when he went looking for his father. The pair was charged under Sections 188 (disobedience to order duly promulgated by public servant), 353 (use of force to deter public servant from duty) 269 (negligent act likely to spread infection of disease dangerous to life), and 506(2) (Punishment for criminal intimidation) of the Indian Penal Code, 1860.
Eyewitnesses claim that the two were beaten repeatedly in police custody and various changes of garments were given to change out of their blood-doused garments. In addition, witnesses suggested that the two were sodomized while in custody as they were profusely draining from their rectums.
However it is asserted that the Magistrate, B Saravanan provided the remand order without seeing the prisoners face to face, which is vital according to Rule 6 of the Criminal Rules of Practice, 2019. The blend of the police's evident inclination for perversion just as the laissez faire disposition of the Magistrate turned lethal for the two, as they succumbed to their wounds late Monday night and early Tuesday morning.
The Judiciary needs to give somewhat more consideration towards such abhorrent and grave abuse of power and break down each complaint and carry the victims to justice.
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