Context:  Pointing out that custodial torture and other police atrocities are problems that still prevail in society, Chief Justice of India (CJI) recently stated that the police stations pose the highest threat to human rights and dignity, which are sacrosanct.
According to him

• The threat to human rights is the highest in police stations as custodial torture and other police atrocities still prevail in India and even the privileged are “not spared third-degree treatment”.

Key Fact

• With an average of almost five persons a day 1,697 died in custody (1,584 in judicial custody and 113 in police custody) across India between April 1, 2019, and March 31, 2020.

Key Challenges
Threat to human rights and bodily integrity are the highest in police stations:-

• Custodial torture and other police atrocities are problems that still prevail in our society. 
• In spite of constitutional declarations and guarantees, the lack of effective legal representation at the police stations is a huge detriment to arrested/detained persons. 
• The decisions taken in these early hours will later determine the ability of the accused to defend himself. 
• Going by the recent reports even the privileged are not spared third-degree treatment.

Several policemen do get convicted, there are good reasons to believe that many go scot-free by: 

• Manipulating records, 
• Intimidating complainants or political patronage. 

“Access to Justice” as an “unending mission”

• Although, a majority of our population is eligible for the aforesaid services, it is an undeniable truth that, still, there are significant barriers in accessing the relevant legal information”.
• The realities of socio-economic diversity which prevail in our nation cannot ever be a reason for the denial of rights. 
• The digital divide has not helped the cause of easy access to justice. 
• Rural and remote areas suffer from a lack of connectivity.

?In a move aimed at checking police brutality, the Supreme Court had in December 2020 ordered the Centre, states, and union territories to install CCTVs with night vision cameras in each police station, including central probe agencies such as CBI, ED, NIA, etc. across India. However, the order was yet to be fully complied with.

Constitutional provisions against custodial violence

• Protection from torture is a fundamental right enshrined under Article 21 (Right to Life) of the Indian constitution.
• The right to counsel is also a fundamental right under Article 22(1) of the Indian constitution.

Suggestion

• “The installation of display boards and outdoor hoardings in every police station/prison is a step in this direction,”, adding that “NALSA must also actively carry out nationwide sensitisation of police officers”.
• When erring personnel are promptly punished, the message goes out loud and clear to other rogue policemen that the law will catch up with them. In the case of custodial deaths, those guilty should be tried for murder.
• Sub-divisional police officers and superintendents of police should be held accountable for the impropriety committed by those under their supervision.

Judiciary wants to gain the trust of the poor and the vulnerable, it has to assure the marginalised that it exists for them.

• Postal network can be utilised to spread awareness regarding the availability of free legal aid services and to increase the outreach of legal services to persons residing in far-flung areas of the country.
• Impressing upon Bar Councils and law colleges and they must adopt one or two talukas around them so that students can be given practical training to be part of a large contingent of para-volunteers.
• Lawyers, especially seniors, to help those needing legal assistance and urged the media to use its “unparalleled capacity to spread the message of service” of NALSA.
• If India wants to remain as a society governed by the rule of law, it is imperative for the judiciary to bridge the gap of accessibility to justice between the highly privileged and the most vulnerable.

Road Ahead

• Accessing justice in India is not merely an aspirational goal. India needs to work hand in hand with various wings of the government to make it a practical reality. For the longest time, the vulnerable population has lived outside the system of justice the dictum “justice delayed is justice denied”, they claim that “justice hurried is justice buried” is equally valid. 
• Therefore, the requisite condition of fair justice and balance of convenience is an appropriate, rational and due hearing for all cases. Law is an outstanding achievement, which needs tremendous respect.