You hold the position of Inspector General of Police as an IPS officer within a state. The recent occurrence of a tragic event involving the loss of life of a father-son duo within one of the districts of your jurisdiction, allegedly due to abusive behavior by the police while the Deputy Superintendent of Police (DSP) was supposedly present, has ignited widespread outrage throughout the state. This incident is not an isolated one, given the historical context of accusations raised by human rights organizations concerning instances of custodial deaths as a result of physical mistreatment by law enforcement officers. The State’s High Court, having taken independent notice of the recent distressing event, has issued an official communication to the state government, demanding a comprehensive account of the escalating frequency of such custodial fatalities. In response, the state government has established a dedicated Committee tasked with investigating the specific occurrence and delivering an exhaustive report that verifies the accuracy of the pertinent details. You have been entrusted with the responsibility of leading this Committee. It is important to note that you possess personal knowledge of the Deputy Superintendent of Police for the district, and you hold him in high regard for his integrity, diligent work ethic, and adherence to ethical standards. Privately, he has implored you to exonerate him from any wrongdoing, asserting that he was not present at the scene when the unfortunate incident took place. Balancing these considerations, it is evident that any adverse action against him could seriously tarnish his reputation and jeopardize his professional trajectory. Conversely, senior officials within the department are exerting significant pressure on you to assign full responsibility to the DSP and essentially use him as a scapegoat, with the intention of safeguarding the overall reputation of the state police force. Your role in this delicate situation involves navigating the complex dynamics between the evidence, personal beliefs, and institutional expectations, while ensuring fairness, transparency, and justice. In the given scenario, answer the following questions: (a) Identify the stakeholders and the ethical issues involved in the case. (b) What steps will you take to ensure that the enquiry is seen to be fair and impartial? (c) Given the challenges that the police forces in India operate under in their day-to-day functioning, suggest some initiatives to address them. (20 marks, 250 words) [GS-4: Ethics, Integrity & Aptitude]

Introduction:
The provided scenario presents an incident involving the fatal outcome of detainees due to custodial violence. In recent times, India has experienced an increase in instances of custodial deaths.

For example, data from the National Crime Records Bureau (NCRB) reveals that within the past two decades, there have been 1,888 reported custodial deaths nationwide. Among these cases, 893 involve charges against police personnel, resulting in 358 individuals being formally charged.

a) Key Parties Involved

• Concerned Law Enforcement Officers: The Deputy Superintendent of Police (DSP) and other police officers’ reputation and career advancements are at stake.
• Deceased Father-Son Duo’s Family: The family is grappling with emotional distress following the sudden loss of their loved ones and seeks truth and justice.
• Police Department: The prestige and image of the police administration are in jeopardy.
• State High Court: This institution safeguards individuals’ fundamental and constitutional rights, particularly against extrajudicial killings such as custodial deaths.
• Inspector General of Police: In my capacity as the Committee’s head, I am tasked with investigating the incident while ensuring impartiality and professional ethics.

Ethical Dilemmas

• Culture of Violence and Abuse: Allegations indicate that torture and aggression have become entrenched within the police culture, as highlighted by human rights organizations.
• Violation of Natural Justice: Extrajudicial killings like custodial deaths infringe upon an individual’s constitutional rights, including the right to be heard, as enshrined in Article 21 of the Indian Constitution.
• Misuse of Authority: Custodial violence underscores an abuse of power by the police administration, which is entrusted with maintaining law and order.
• Right to Fair Inquiry: Falsely implicating police officers raises concerns about an unfair trial, potentially demoralizing the entire police force.

b) Upholding Professional Integrity:

• Temporarily Suspend Accused Officers: I would suspend the DSP and other implicated police officers during the investigation to ensure an unbiased inquiry.
• Thorough Investigation: The matter would be thoroughly probed through interviews with key witnesses, including eyewitnesses and suspects. Detailed testimonies would be recorded and analyzed meticulously.
• Scrutinize Detention Records: I will review the records of the father-son duo’s arrests and detentions to ascertain the adherence to reasonable grounds and documented protocols.
• Autopsy and Cause of Death: A proper autopsy by a medical officer will determine the cause of death.
• Detailed Report and Legal Proceedings: Based on autopsy findings and eyewitness testimonies, a comprehensive report will be compiled. If officers are found guilty, they will face departmental actions and potential criminal charges, ensuring due process of law.

c) Addressing Police Challenges

• Training and Sensitization: Regular training for ground-level officers to exhibit emotional intelligence in pursuit of justice while respecting human rights.
• Promoting Human Rights Awareness: Public awareness of “rights of the accused” can decrease custodial crimes by fostering accountability.
• Implementing Police Reforms: Adherence to Supreme Court directives in the Prakash Singh case (2006) for police reform is essential.
• Adequate Recruitment: Address understaffing through increased police recruitment.
• Modernization Efforts: Equip the police force with modern tools, training, and service conditions to enhance professional and timely criminal investigations.
• Non-Official Visitor Inspections: Mandate surprise inspections by Non-Official Visitors (NOVs) as a preventive measure against custodial abuse.
•  Separation of Functions: Consider separating investigative and law & order maintenance roles within the police to enhance accountability.

Conclusion:
In summary, a comprehensive approach is needed to curtail police misconduct and maintain the rule of law.