Abstract
This paper examines the persistent and systemic issue of police brutality in India, analyzing the significant gap between constitutional safeguards and the lived reality of custodial violence. It argues that this brutality is not an aberration, but a deep-rooted cultural and institutional problem fueled by a lack of accountability, political interference, and outdated colonial-era practices. The analysis traces the history of failed reforms, including the non-implementation of the seminal Supreme Court directives in Prakash Singh v. Union of India (2006). By examining key incidents, such as the Thoothukudi custodial deaths, the paper highlights the operational defects at all levels. It concludes by advocating for the mandatory implementation of established reforms, including the creation of independent complaint authorities, the separation of investigative and law enforcement functions, and the modernization of the force through technology and training, to transform the police from a ‘ruler’s force’ to a ‘people’s service.’
Keywords
Police Brutality, India, Custodial Violence, Police Reforms, Prakash Singh, D.K. Basu, Article 21, Impunity, Accountability, Human Rights
Introduction
In India, the police uniform is intended to signal safety—a “sevak,” or servant, dedicated to the people. Yet, there is a dark and wrenching betrayal at the heart of Indian society: the very protector so often becomes the perpetrator. The problem is not a few isolated “bad apples”; it is a deep-rooted culture of systemic brutality and reckless, unearned power that infects the force from the beat constable to the highest ranks. This abuse undermines the fabric of public trust and mocks the rule of law.
Beyond being an analysis, this piece functions as an imperative demand for action. We must confront the legal safety nets that exist only on paper, look unflinchingly at the victims’ stories, expose the rot of institutional impunity, and finally, chart a path to genuine reform.
1. The Lingering Colonial Shadow and Failed Reforms
The current crisis is built on a foundation of failed and ignored reforms. The structure of the Indian police is largely a legacy of the Police Act of 1861, a colonial-era law designed not to protect citizens, but to suppress them in the service of the British Raj. This ethos of “rule by force” was never fully dismantled.
Post-independence, numerous commissions were formed to address this. The most significant, the National Police Commission (1977-1981), produced eight exhaustive reports with comprehensive recommendations to modernize the force and insulate it from political control. Decades later, its key suggestions remain unimplemented, gathering dust while the system’s flaws festered. This history of inaction set the stage for the judicial interventions that would follow.
2. The Paper Shield: Law vs. Lived Reality
Our Constitution is not silent on these abuses; it strongly condemns them. Article 21, the bedrock of our liberty, guarantees the Right to Life and Personal Dignity. The Supreme Court hammered this home in the landmark D.K. Basu v. State of West Bengal (1997) 1 SCC 416), where it declared custodial violence a “calculated assault on human dignity” and laid down mandatory guidelines for arrest and detention.
We have safeguards for the accused: protection against forced confessions (Article 20) and the fundamental rights to know the reason for arrest, consult a lawyer, and face a magistrate within 24 hours (Article 22). Our penal code (IPC) even provides sections to charge errant police, from causing hurt to extort a confession (Section 330) to murder.
So why is horror? This is because in India, the gap between law on paper and law in life is a chasm where the citizens’ rights disappear.
3. The Cost of Cruelty: Stories That Stain the Conscience
Police misconduct is not an abstract concept; it is marked by the suffering of its victims.
The Thoothukudi Tragedy (2020): This story should forever be a national shame. For the minor offense of keeping their shop open late during a lockdown, P. Jayaraj and his son J. Bennix were dragged into the Sathankulam police station in Tamil Nadu. What happened next was not an interrogation; it was torture—sexual and physical—so horrific that both men died from their injuries within two days [1]. This was not a mistake; it was an absolute, murderous impunity at the station level.
Recklessness in the Capital: During the 2020 Delhi Riots, the breakdown of duty was terrifying. Videos have shown police officers either standing by while violence erupted or, worse, actively participating. The image of officers forcing a group of injured Muslim men to sing the national anthem—one of whom, Faizan, later died—is a searing example of how their reckless behavior transformed sworn protectors into partisan bullies [2].
The Failure at the Top: While top brass rarely holds the baton, their misconduct is a failure of leadership. Their high-level negligence is the widespread non-implementation of the Prakash Singh v. Union of India (2006) 8 SCC 1) reforms—the very road map designed by the Supreme Court to fix this broken system.
4. Institutional Rot: The Culture of Impunity
The abuse persists because the system rewards silence and protects the guilty. We have fostered a deep-seated “culture of impunity” where accountability is often ineffective.
The Iron Wall: Trying to file a First Information Report (FIR) against an officer is notoriously difficult. Internal departmental inquiries are often a sham, designed to clear the slate rather than uncover the truth.
The Political Leash: The police force is too often used as the political party in power’s personal strong arm. This leads to selective justice and shields loyal officers from the consequences of their actions.
The Human Cost: At the bottom, many constables are overworked, stressed, poorly paid, and trained in outdated, colonial-era tactics. Without modern investigation skills, they default to the oldest, crudest tool: force to extract confessions.
5. Solutions and The Unfinished Business of Reform
The solutions are not secrets; they are clear, judicially mandated, and criminally ignored. As the Supreme Court noted in its Prakash Singh judgment, “The police force has to be insulated from political interference and given autonomy in its day-to-day functioning.” We must stop reacting with momentary shock and demand lasting, fundamental change.
A. Mandate the Prakash Singh Directives
The Supreme Court’s 2006 blueprint for police reform is non-negotiable and must be implemented in letter and spirit.
Establish a State Security Commission (SSC): To detach the police from political interference and prevent arbitrary transfers or meddling, thereby ensuring operational independence.
Create a Police Complaints Authority (PCA): An independent body at the state and district levels, empowered to investigate all serious public complaints, especially brutality and custodial death. This provides a crucial independent channel for redressal.
Separate Investigation from Law and Order: Give dedicated, professional teams the time and resources to investigate crimes scientifically. This separation removes the flawed logic that torture is needed to “solve” a case quickly.
Fix Tenure for Police Chiefs: Granting stable tenure offers operational autonomy and frees leadership from the constant threat of a political summary transfer.
B. Embracing Transparency and Technology
To counter the “my word against yours” defense, technology must be utilized.
Body Cameras: Make them mandatory for all officers on patrol, during arrests, and raids. They offer objective proof, protecting both the citizen from abuse and the honest officer from false charges.
CCTV in Stations: Enforce the Supreme Court’s 2020 mandate (in Paramvir Singh Saini v. Baljit Singh (2020)) to install CCTV with audio recording in every corner of the police station-lockups, interrogation rooms, and common areas. There must be nowhere to hide.
C. Professionalize the Force
Colonial mindsets must be traded for modern professionalism.
Constitutional Sensitization: Training must be fundamentally reformed to constantly drill officers on Article 21, human dignity, and de-escalation techniques.
Scientific Tools: Invest heavily in forensic and digital investigation training to break the historic reliance on confessions obtained through violence.
Better Conditions: A calmer, less volatile police force starts with treating its personnel better. Better pay, reasonable working hours, and access to mental health support are essential to transform frustrated employees into measured professionals.
6. Summary of Recommendations
To break this cycle, the following actions are paramount:
Immediate Implementation of Judicial Mandates: The central and state governments must immediately implement the Prakash Singh and D.K. Basu directives in full, including the establishment of independent Police Complaints Authorities (PCAs).
Mandatory Technological Oversight: Enforce the Paramvir Singh Saini order for 100% CCTV coverage in police stations and mandate the use of body cameras to ensure a transparent record of police-public interactions.
Modernized Training: Overhaul police training to focus on scientific investigation, constitutional values, and de-escalation, moving away from a reliance on force and confession.
Ensure Political Insulation: Establish State Security Commissions to end the practice of using police as a tool for political retribution, allowing the force to operate under the rule of law, not the whim of politicians.
Conclusion
Police brutality is not the work of “a few bad apples”; it is the natural, brutal output of a deeply flawed institution. The deaths of Jayaraj and Bennix show the consequence of the high-level administrative failure that allows impunity to flourish.
The solutions are laid bare, legally mandated, and long overdue. The path forward requires an unwavering political and institutional will that has thus far been absent. We must collectively demand not just shock and compensation after a tragedy, but systemic accountability and the full implementation of the Supreme Court’s directives. The goal is clear: to finally shed the legacy of the colonial “ruler’s force” and transform the Indian police into a modern, democratic “people’s service” that respects the dignity of every citizen it is sworn to protect.
References
[1] “Thoothukudi custodial deaths: Jayaraj, Bennix were subjected to brutal torture in police custody, says CBI chargesheet.” The Hindu, 27 October 2020.
[2] “Delhi riots: Police brutality, complicity, and impunity in Feb 2020.” Amnesty International India, 28 August 2020.
D.K. Basu v. State of West Bengal (1997) 1 SCC 416.
Paramvir Singh Saini v. Baljit Singh & Ors (2020) SCC Online SC 983.
Prakash Singh & Ors v. Union of India & Ors (2006) 8 SCC 1.
Report of the National Police Commission (1977-1981), Government of India.
Author Name- Vishal Vashishtha, B.A. LL.B. (5th Year), Dr. Bhim Rao Ambedkar University, Agra
