Custodial Horror for Women in India

Custodial horror is a daily occurrence for women prisoners in India. After all, what can women do when their ‘custodians’ become their violators? The question is very intimidating and frightening but this is actually happening to women in India. There have been innumerable cases where ‘men-in-khaki,’ as we usually refer to the police as, have been caught outraging the women prisoners’ modesty, inside and outside the jail. Worse, women prisoners in India are not just raped but they are even murdered by policemen. The state of Maharashtra has registered the highest number of custodial deaths i.e. 316, followed by Uttar Pradesh (255) and BJP-ruled Gujarat (190) in the last 16 years. According to the National Human Rights Commission, there are 2318 cases of custody deaths across the country, all of which have been committed by policemen, since October 1993.

Women in India: The Fear Factor

Women in India are hesitant even to lodge a complaint if it means they have to go and file the complaint in a police station. Now, consider the High Court’s verdict on August 26, 1994, in Mathura rape case 1974, regarding the safety of women in custody had brought some relief to the people of the state and, particularly to social initiatives. When the case reached the Supreme Court, the apex court held that policemen should try to take a lady constable along while arresting women. However, if it seems reasonable they can go ahead without a lady constable to arrest women at any time of the day. This can be done by the police when there is a delay in arresting or it is impractical to take a lady constable along. 

Activists and women in India and legal activists objected to apex court’s ruling because they fear their safety in police custody. This is not unusual. You can ask any Indian woman you know as to whether she will feel safe in police custody even for a few hours. The ground reality is based on the ‘unprofessional’ approach of policemen towards women.

Moreover, the National Commission for Women has made some recommendations on the basis of reports of the All India Committee for Jail Reforms and the National Expert Committee on Women Prisoners including:

• No woman should be arrested from sunset to sunrise.
• Arresting should only take place in the presence of a lady constable.
• There should be separate all-women police stations, separate lock-ups and jails for women.

In Sheela Barse vs State of Maharashtra, the Supreme Court held that there should be separate detention places for women suspects. The apex court also held that their interrogation should only be carried out in the presence of lady police officers.