Context
∙ Recently the Supreme Court of India highlighted the D.K. Basu Judgment (1996) against police abuse and custodial violence.
About the D.K. Basu vs. State of West Bengal Case (1996):
∙ It is a landmark judgement of the Supreme Court of India in the realm of human rights jurisprudence, and drawing attention to deaths in police custody in India.
∙ The petitioner, D.K. Basu, Executive Chairman of Legal Aid Services, West Bengal, addressed a letter to the Supreme Court of India drawing attention to deaths in police custody.
∙ The letter was treated as a Writ Petition within the ‘Public Interest Litigation’.
The Judgement:
∙ It held that custodial violence, including torture and death in lock-ups, violates the rule of law and human dignity.
∙ It broadened the horizons of the meaning of fundamental rights.
∙ It held that compensation can be awarded for the infringement of fundamental rights.
∙ The SC has laid down the ‘Basic Requirements’ for Arrest and Detention, that includes:
∙ Identification;
∙ Memo of Arrest;
∙ Information of Arrest;
∙ Informing the right to the Arrestee;
∙ Diary Entry;
∙ Inspection Memo;
∙ Medical Examination;
∙ Copies of documents to Illaqa Magistrate;
∙ Right to Lawyer;
∙ Police Control Room;
