A Custodial Death Bedevils DMK

A temple security guard’s death as a result of alleged police torture in Tamil Nadu’s Sivaganga district has put the DMK government in a bind, turning national attention on custodial deaths and taking the sheen off its Dravida Model social welfare performance. The case involves the detention of Ajith Kumar and some others in Thiruppuvanam to investigate a complaint of gold theft from a car parked at Badrakaliamman temple, given by two women on June 27. After interrogation by a special team, the 27-year-old youth could not even stand and had bleeding injuries, including trauma to the head and near the anus; he collapsed and died. The strong observations of the Madurai bench of the Madras High Court in the matter left little choice to the M.K. Stalin government, and the arrest of five police personnel followed. The chief minister transferred the probe to the CBI.

The incident has brought major relief to the AIADMK, which has struggled in recent years with the albatross of police atrocities around its neck, notably the fatal shooting of 13 protestors in Tuticorin during the agitation against Sterlite Copper and the custodial murder of Jayaraj, a trader, and his son Bennix in Sathankulam during the COVID-19 lockdown. In both cases, the DMK in opposition, led by Stalin and a large spectrum of the public, including cinema stars, pursued justice for the victims. The Jayaraj-Bennix case was handed over to the CBI. Stalin now finds the tables turned just months before the 2026 Assembly election campaign picks up pace. The BJP, which hopes to make gains in alliance with the AIADMK, has accused Stalin of presiding over 23 lock-up deaths in the state since 2021.

The political cost of police violence has been minimal in India, prompting the state and Union governments to slow-pedal police reforms ordered by the Supreme Court; the Union has also ignored the need for a national law against torture, although the Law Commission favoured one. Legislation defining and outlawing custodial torture is a pre-requisite to ratify the UN Convention Against Torture, which India has failed to do. Without specific legal protection, the constitutional right to live with dignity has no practical meaning, particularly for those who have little influence, such as Dalits, tribals, migrants, women, manual labourers and the poor. Paradoxically, even in so-called progressive states, there is considerable support for extra-judicial killing of some suspects in encounters, such as sexual offenders, but others are seen as victims of police violence. A recent survey by Common Cause found IPS officers “most likely” to justify the use of third-degree methods. The case of a young IPS officer in Tamil Nadu, who allegedly plucked out the teeth of suspects with pliers, is before a magistrate. Tamil Nadu should explain whether the Supreme Court’s order for CCTV cameras in all police stations has been fully complied with.