Policer Lockup, an integral component of every police station (CID, CBI, ED and some other investigative units have their own separate lock ups), serves as a temporary holding facility for accused individuals. This secure area is typically utilized for detaining accused persons for a maximum duration of 24 hours or until their police remand period expires. Accused individuals placed in lockup may subsequently be released by police on bail if the case is bailable or forwarded to the court if the case is non-bailable. The court may release them on bail or remand to judicia custody (Jail) if the bail is not granted or remand them to police custody (in police lock up) if the remand prayer submitted by the police is granted.

Police lock-ups, both men and women, located within police stations, serve as short-term detention centres. They are primarily used for interrogations, where suspects are questioned to gather evidence. Additionally, lock-ups facilitate the identification of suspects through procedures and ensure their presence at court appearances by preventing escapes. Their presence serves to secure evidence and deter further offenses by maintaining a secure environment within the police station.

My experiences as an officer have exposed me to the stark realities of police lockups, places where basic human dignity often takes a backseat. The majority of these lockups are immediately identifiable by their overwhelming stench, a pungent reminder of the cramped and unsanitary conditions within. In many police stations there is no separate lock up for women accused person.

The lockup rooms themselves are disappointingly small and dingy, with inadequate lighting and ventilation. The air is thick with a stagnant quality, often exacerbated by the lack of functional fans. These spaces are rarely spacious enough to accommodate the number of individuals confined within, leaving little room for movement or basic comfort.

The bathrooms, if one can call them that, are even more deplorable. Tiny, filthy, and perpetually lacking in adequate water supply, they offer little more than a basic toilet facility. In most lockups, bathing is completely absent, leaving detainees to manage with minimal hygiene options.

The food provided to detainees is another area of grave concern. Supplied at a ridiculously low-rate fixed decades ago, the quality is abysmal, and insufficient to provide even basic nutritional needs. The lack of a proper food budget directly impacts the health and well-being of the inmates, forcing them to endure hunger and malnutrition.

The overall hygiene of the lockups is appalling, posing a serious threat to the health of everyone inside. The lack of sanitation and proper cleaning creates an environment rife with disease, particularly for individuals accustomed to living in more hygienic conditions. The potential for outbreaks and the spread of infection is a constant worry.

Sadly, there seems to be a complete lack of concern for the improvement of these deplorable conditions. Funding for basic improvements and maintenance is scarce, leaving the lockups in a perpetual state of disrepair. Senior officers rarely visit these facilities, leaving the detainees to suffer in silence.

The lack of proper bedding facilities means that many accused individuals are forced to sleep on cold, hard floors, even during the harshness of winter. Inadequate blankets and bedding exacerbate the discomfort, leaving them exposed to the elements and the biting winter chill.

Adding insult to injury, the lack of basic water purification systems leaves the detainees dependent on the potentially unsafe water provided through the lockup's taps. The absence of drinking water treatment facilities further underscores the neglect and disregard for the basic needs of those incarcerated.

These conditions represent a stark failure to uphold the fundamental principles of human dignity and basic human rights. The neglect of police lockups is a stain on the justice system, creating an environment that is not only inhumane but also actively detrimental to the physical and mental well-being of the detainees. It is high time for a systemic overhaul to address these issues and ensure that these spaces become environments of basic safety, hygiene, and respect.

The state of police lock-ups in India is a matter of grave concern, with numerous reports and studies exposing a systemic failure to uphold basic standards of humane treatment. Overcrowding is a pervasive issue, pushing facilities beyond capacity and contributing to a stressful and unhealthy environment for detainees. Basic sanitation and hygiene are often neglected, with insufficient toilets and bathing facilities, creating unsanitary conditions that compromise the health and well-being of those detained.

The lack of adequate medical care in many police lock-ups represents a significant threat to the health of detainees. In case of any emergency medical requirement, the accused persons are taken to the nearest government hospital in police vehicle. Adding to the grim reality of these conditions are many allegations of torture, abuse, and custodial deaths, starkly illustrating the violation of fundamental human rights within these institutions. The systemic failures exposed within these lock-ups demand urgent and comprehensive reforms to ensure the safety, dignity, and well-being of all detainees.

Police officers sometimes exploit deplorable detention conditions within the lock up to extort money from both complainants and accused individuals. They may demand payment from complainants to keep the accused persons in police lock up, and accept bribes from the accused individuals to release them from lock up and arrange for their comfortable stay within the police station. In one instance, a complainant acquaintance confided in me that the investigating officer of a police station had solicited a bribe in exchange for detaining the accused individual overnight in a bailable case at a police lockup.

The framework of laws and guidelines governs the functioning of police lock-ups in India. Articles 21 and 22 of the Indian Constitution protect the fundamental rights of those held in police custody. Sections 41-60 of the Code of Criminal Procedure, 1973 provide the procedures for arrest, detention, and bail. Sections (Sections 341 & 342 etcetera of the Indian Penal Code, 1860) within the Indian Penal Code encompass offenses pertaining to wrongful confinement. Supreme Court guidelines, including the ones established in the D.K. Basu v. State of West Bengal judgment, outline measures to prevent custodial torture and safeguard the rights of detainees.

Despite the existence of a legal framework, the police in this jurisdiction face several persistent challenges that hinder their ability to operate effectively and uphold human rights. Firstly, the absence of robust accountability and transparency mechanisms enables rampant abuse of power by police officers. Secondly, inadequate training and sensitization leave officers ill-equipped to handle sensitive situations and respect human rights. Thirdly, insufficient judicial oversight and protracted judicial proceedings contribute to lengthy and unjustified detentions. Lastly, severe resource constraints, including a lack of essential infrastructure and equipment, make it difficult for police stations to maintain humane conditions in lock-ups, further compromising the rights of detainees.

Addressing the deplorable conditions in police lock-ups requires comprehensive reforms. These encompass improving infrastructure to ensure basic amenities and medical facilities. Human rights training for police personnel is crucial to promote proper handling of detainees.

Oversight mechanisms must be strengthened through independent bodies to monitor and inspect lock-ups regularly. Judicial reforms aimed at expediting the judicial process and ensuring prompt magistrate appearances can reduce unnecessary detention. Empowering citizens through public awareness campaigns and implementing technology like CCTV cameras enhance transparency and accountability. Legal aid and counselling services empower detainees, ensuring protection of their rights.

While police lock-ups are an essential part of the Indian criminal justice system, their functioning is plagued by serious issues, including pervasive human rights violations, inadequate infrastructure, and a lack of proper oversight. Addressing these challenges requires a multi-pronged approach encompassing legal reforms, substantial infrastructural improvements, and comprehensive training programs for police personnel.

Ensuring humane and just treatment in police custody is paramount for upholding the rule of law and safeguarding the fundamental rights enshrined in the Indian Constitution. By implementing comprehensive reforms and cultivating a culture of accountability and respect for human rights, the situation in police lock-ups can be significantly improved, thereby strengthening the overall criminal justice system in India. Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
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