D.K. Basu Judgment

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;