The tragic custodial death of Kalicharan Kewat in Bokaro, Jharkhand, raises significant concerns about the conduct of law enforcement and the protection of fundamental human rights in India. This case, which involves the torture and subsequent death of the youth under police custody, reveals systemic flaws in both procedural adherence and the ethical obligations of state agents.
Incident Summary
Kalicharan Kewat was apprehended by police from PS Balidih, Bokaro, on 18th February 2022, under suspicion of involvement in theft. Along with another individual, Sanjay Singh, he was detained without proper procedural documentation, including the failure to issue an arrest memo. Kewat, allegedly subjected to torture, was transferred to a hospital on 19th February 2022, where he succumbed to his injuries.
The case was brought to light through a complaint filed by human rights activist Dr. Lenin Raghuvanshi. The complaint to the National Human Rights Commission (NHRC) highlighted serious allegations of police brutality, resulting in custodial death.(Case Number: 263/34/1/2022-AD)
Procedural Lapses and Findings
Upon investigation, several procedural and ethical violations came to light:
Illegal Detention: The police failed to produce an arrest memo or present the detainees before a magistrate within the statutory time period. This lack of adherence to proper legal procedures suggests a willful neglect of the detainee's constitutional rights.
Medical Condition and Negligence: Both detainees were reported to be intoxicated, and although Kalicharan was taken to a hospital, there was no indication of external injuries, according to the postmortem report. However, his deteriorating health and subsequent death under police custody point to either extreme physical or psychological abuse.
Testimony of Co-Accused: Sanjay Singh, the co-accused, confirmed that both were subjected to police assault. He recounted that after being beaten, he lost consciousness, and upon regaining it, learned that Kalicharan had died.
Magisterial Inquiry: The magisterial inquiry conducted by the Chief Judicial Magistrate of Bokaro confirmed that Kalicharan had been detained illegally and mistreated during custody. The findings emphasized that the police’s actions inspire suspicion of foul play, making it a case of custodial death.
Human Rights and Accountability
The NHRC, in its proceedings, underscored the gross violations of Kalicharan’s fundamental right to life. The Commission has repeatedly recognized that the right to life enshrined in Article 21 of the Constitution includes the right to live with dignity, free from torture and ill-treatment. In this case, the police’s role transitioned from protectors of law and order to violators of these basic human rights.
The state’s duty is clear: any death in police custody demands a high degree of scrutiny, and law enforcement officials involved in such incidents must be held accountable. The police, as agents of the state, are entrusted with immense power, which must be exercised within legal and ethical boundaries. Failing to do so not only erodes public trust but also damages the integrity of the justice system.
Legal and Ethical Obligations of the State
The NHRC has issued show cause notices to the Chief Secretary of Jharkhand, demanding an explanation for the custodial death and suggesting a compensation of Rs. 5 lakhs to the victim’s family. This compensation, while crucial, does not absolve the state from taking punitive action against the responsible officers.
The Commission has also reminded the state of its moral, ethical, and legal duty to ensure that public servants act in accordance with the law. Policemen, as public servants, are obligated to uphold justice with integrity, fairness, and respect for human rights. In this case, however, the inquiry points to a violation of these principles.
The Role of State Accountability Mechanisms
One crucial aspect of this case is the continued delay in receiving reports from the Jharkhand state authorities. The NHRC has repeatedly issued reminders to the Chief Secretary, and the state’s lack of response reflects the need for more robust accountability mechanisms within the state apparatus. The delay not only hinders justice but also diminishes the credibility of the police force and government in addressing human rights violations.
Conclusion
The custodial death of Kalicharan Kewat is a stark reminder of the precarious balance between state power and individual rights in India. Police brutality and the failure to follow legal procedures are not only violations of the law but also betray the trust placed in law enforcement by the public.
The NHRC’s role in demanding accountability is commendable, but the state of Jharkhand must act decisively to address such incidents. This case calls for not only compensatory relief but also a thorough investigation, criminal charges against the erring officers, and systemic reforms to prevent future instances of custodial violence.
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Link for proceeding of NHRC: https://www.scribd.com/document/772075830/Custodial-Death-of-Kalicharan-Kewat-A-Case-of-Police-Brutality-and-Violation-of-Human-Rights
Custodial Death of Kalicharan Kewat: A Case of Police Brutality and Violation of Human Rights by pvchr.india9214 on Scribd
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