Justice is not about ‘teaching someone a lesson’ , Pg8

Key Highlights:

• The Chhattisgarh High Court commented on a custodial death case, noting police officers seemed to intend to "teach a lesson" to the victim.
• A Dalit man died in custody with 26 wounds after being arrested for alleged public misbehavior.
• The trial court convicted four police officers of murder, but the High Court reduced the charge to culpable homicide.
• The High Court's framing of the incident risks normalizing custodial torture in India.

Detailed Insights:

• The High Court's statement reflects a problematic mindset that rationalizes state violence as a tool for discipline rather than a constitutional aberration.
• "Teaching a lesson" is rooted in vigilante logic, not constitutional principles, where violence is met with greater violence, undermining due process.
• The High Court's judgment failed to address the caste dimension of the violence, ignoring the structural power dynamics involved in the death of a Dalit man in custody.
• Courts often require explicit evidence of caste motivation to invoke the SC/ST Act, ignoring the reality of structural power that enables violence.
• Despite Supreme Court guidelines, custodial deaths continue at an alarming rate, disproportionately affecting Dalits, Adivasis, and the poor due to weak enforcement.
• Courts must reinforce that violence in custody is criminal and strengthen accountability mechanisms and procedural safeguards.

Key Concepts Involved:

• Culpable Homicide: Causing death with the knowledge that the act is likely to cause death, but without the intention to do so.
• Custodial Violence: Violence inflicted upon individuals while they are in police or judicial custody.
• Due Process: Fair treatment through the normal judicial system, ensuring legal rights are respected.