By- Krishan Takhar, Asst. Professor, Dept. of Sociology & Anthropology
Easwari School of Liberal Arts, SRM University-AP -Amaravati .
Recently, the First Additional District and Sessions Court in Madurai awarded death sentence to nine policemen responsible for the torture and murder of the father and son, Mr P Jayaraj and Mr P Benicks. Also, the court ordered the policemen to compensate the aggrieved family with a sum of Rs. 1.40 crores. Furthermore, it secured the testifying policewoman protection. What popularlyseems the delivery of justice needs to be seen in at least two respects: the futility of death penalty and the urgent need to bring structural reforms.
The exceptional brutality inflicted on the father and son during the COVID-19 times in 2020 shocked Tamil Nadu and the nation. The night-long torture at the Sathankulampolice station exceeded all human imaginations. Not only the duo was humiliated and beaten mercilessly but also sexually assaulted. As per the reports, the assault involved perforation of rectal region of Benicks. The duo, who are reported to be diabetic, were denied food and medicines brought by the family and friends. In bleeding condition, the duo was taken to the government hospital where the medical official declared them fit for remand. To make the matters worse, the concerned local judge sent the father and son to the judicial custody. Clearly, both the authorities engaged in criminal dereliction from their duties. The collusion of different organs of the state, that are, police, government hospital authorities and the local judiciary is clearly established.
While the Jayaraj &Benicks case was highly exceptional in its brutality, police brutalityis commonplace in India. India is yet to ratify the UN Convention Against Torture. According to government’s own data (NCRB), more than 2,200 persons died in custody in India between 1999 and 2023. Furthermore, the convictions in such cases are extremely rare. The efforts to bring an anti-torture law failed in the Parliament in 2010. Furthermore, the National Human Rights Commission has been ineffective on checkingpolice torture.
Undoubtedly, Jayaraj &Benicks is a rare occasion where police excess is brought to accountability. Also, such judgments bring relief to the family and instil faith of the common citizen in the criminal justice system. However, the need is to see beyond such ‘spectacular’ punishment in the form of death penalty. It is an established fact that death penalty is not negatively correlated with the occurrence of crime, thus ineffective. Among other problems, death penalty is often used as a tool to display the‘effectiveness’ and ‘toughness’ of the law.Finally, the need of the hour isto havesustained efforts at reforming the criminal justice system.
