Experts flag lack of legislation on custodial deaths in Tamil Nadu

In this checklist, the state of #Gujarat has the best variety of custodial deaths at 14 adopted by #Maharashtra (11) whereas #Tamil Nadu is sixth with 5 deaths.

However, for a similar 12 months, in line with knowledge collated by #Tamil Nadu primarily based People’s Watch, a human rights NGO which represents a number of households of victims of custodial deaths, there have been 11 custodial deaths in 2022 which included a 17-year-old boy.

In the years of 2018-2019, out of the 136 custodial deaths reported in #India, 11 had been from #Tamil Nadu. #Gujarat (13) adopted by #Uttar Pradesh (12) topped the checklist, in line with data primarily based on NCRB furnished within the #Lok Sabha in 2023 to a query by Thol Thirumavalavan, MP, Viduthalai Chiruthaigal Katchi (VCK), an ally of the DMK.

The following 12 months, in 2019-2020, out of 112 deaths in #India, 12 had been from #Tamil Nadu–rising to turn into the state with the second highest custodial deaths together with #Gujarat (12) when Madhya Pradesh was on high.

According to the activists and opposition in #Tamil Nadu, there have been 24 custodial deaths for the reason that DMK fashioned the federal government in 2021. However, in line with the reply within the #Lok Sabha, #Tamil Nadu’s custodial deaths have come down from 2020-2023 reporting 13 deaths in the course of the three years.

“The basic drawback is that we wouldn’t have a legislation to report custodial torture,” mentioned Aseervadhan, state coordinator, People’s Watch, #Tamil Nadu primarily based NGO. “And when instances are reported, it’s normally the low ranked personnel akin to inspector or sub-inspector who will likely be arrested. But, if the custodial torture is dedicated by an IPS officer, he’s protected.”

The activist was referring to the case of Balveer Singh, an IPS officer within the rank of an assistant superintendent of police who’s accused of knocking out the enamel of the ten suspects in Ambasamudram in Tirunelveli district in 2023. The case is being heard by a judicial Justice of the Peace. The authorities suspended him in 2023 however reinstated him in a couple of months.

#Tamil Nadu doesn’t have institutional measures to forestall custodial torture — akin to one within the Kerala Police Act 2011 which mandates any police officer who witnesses torture or corruption should report it with out concern of reprisal.

The concern of police brutality is again in highlight in #Tamil Nadu after a temple watchman, #Ajith Kumar, was picked up by the police on suspicion of theft, although he wasn’t even an accused, on June 27 within the #Sivaganga district. Though no FIR was registered and he wasn’t taken into custody, he was crushed by police within the temple the place he labored. When police took him to a hospital two days later, he was declared as “introduced useless”.

Reading the accidents inflicted on Kumar, the Madurai bench of the Madras excessive courtroom on July 1 mentioned that, “Even an odd assassin wouldn’t have triggered this many accidents to an individual.” Another workers within the temple secretary recorded a video of Ajith kneeling down whereas a policeman beat him with a stick.

Five policemen have been arrested on fees of homicide. They picked up Ajith after receiving a criticism from a girl that she had given her automotive keys to him to park the automotive after which gold jewelry from her bag contained in the automotive was lacking.

While the courtroom has ordered a judicial probe and chief minister M Okay Stalin transferred the case to the Central Bureau of Investigation (CBI), a have a look at the standing of different main custodial deaths in #Tamil Nadu.

Jayaraj and Bennicks, Thoothukudi, 2020

Ajith’s loss of life marks 5 years since father and son P Jayaraj (59) and J Bennicks (31) had been tortured to loss of life inside a police station in Thoothukudi district in June 2020. The brutality inflicted on the daddy and son shook the nation. The trial within the case has been underway for the final three years within the Additional District and Sessions Court- 1 in Madurai district. “The final replace was on June 23 when the bench dismissed a bail petition filed by the suspended police inspector S Sridhar,” Jayaraj’s son-in-law Vinod mentioned. The household has been tirelessly monitoring courtroom proceedings. “It’s been 5 years since they died however we take into consideration them daily. We will likely be affected person and combat till the policemen accused within the case are punished.”

The CBI is at present dealing with the case. The father and son had been arrested on June 19, 2020 and lodged in Kovilpatti sub-jail for conserving their cell phone store in the primary market of Sathankulam city open throughout a curfew imposed throughout coronavirus lockdown. A policewoman is the one eyewitness within the case, and he or she advised Judicial Justice of the Peace M S Barathidasan, who investigated the incident, that each Jayaraj and Bennicks had been crushed by means of the night time on June 19 and blood stains on the lathis and a desk had been seen.

The present opposition AIADMK was governing #Tamil Nadu then. Whether #Tamil Nadu has been beneath the DMK or AIADMK rule, police extra within the state has been a relentless indicating a systemic disaster. “The problem typically in custodial deaths in #Tamil Nadu is that larger officers within the police normally attempt to cowl it up. Like in Ajith’s case, they attempt to give the household cash to silence them,” says Aseervathan, state coordinator, People’s Watch. “But, a brand new problem is that now even ruling authorities politicians become involved whether or not it’s the DMK or AIADMK and maintain the household beneath their management in order that they don’t file complaints.”

V Vignesh, Chennai, 2022

The policemen concerned within the custodial loss of life of a Dalit teenager V Vignesh (25) in Chennai have been charged for homicide primarily based on the put up mortem report, chief minister M Okay Stalin knowledgeable the #Tamil Nadu meeting in May 2022, a month after he died. The put up mortem report of Vignesh confirmed that he had 13 accidents which included a number of contusions on his head, eyebrows, cheeks, limbs, an abrasion on his gluteal area and a fracture in his proper leg. CCTV footage from the night time he died on April 18 got here to gentle wherein Vignesh could be seen operating away from the police and of them chasing and catching maintain of him. “CB-CID has accomplished its investigation and trial started final month at a Chennai courtroom,” mentioned Aseervathan.

Thangamani, Tiruvannamalai, 2022

Thangamani (solely first title) a 48-year-old man, died in custody in Tiruvannamalai. His put up mortem report revealed that he had a number of contusions in varied components of his physique in no more than six hours earlier than his loss of life and a laceration of his tongue. Police arrested Thangamani on April 26, 2022 on the cost of promoting arrack (a rustic liquor). On April 27, Thangamani was admitted to the hospital the place he died the identical night time round 8.30. This case too has been transferred to CB-CID and the chief minister mentioned {that a} detailed enquiry can be performed. “But, no chargesheet has been filed but within the case,” mentioned Aseervathan.

Gokul Sri, Chengalpattu, 2023

A 17-year-old little one in battle with Gokul Sri was crushed to loss of life inside a authorities commentary house in Chengalpattu December 2022. The boy had been booked for theft and died on the day he was admitted to the house and enquiries and autopsy revealed that the workers had crushed him primarily based on a criticism filed by his mom. Six workers had been arrested in January 2023 on fees of homicide. An all-party assembly was held in Chengalpattu demanding an inspection to be performed on all Observation Homes by a retired choose of the High Court. In April, 2024 a authorities order was issued {that a} one-mad committee of justice (retired) Okay Chandru will go into the working of houses beneath the Juvenile Justice Act in #Tamil Nadu to enhance their effectivity. “96 accidents had been discovered within the put up mortem. CB-CID which is probing the case haven’t filed a chargesheet but,” mentioned Aseervadhan.