The Silent Rituals: Medical Involvement and the Autopsy Procedure in Cases of Torture in Custody

Author: PRANAV BOPULKAR

Student : Third year BALLB student {ILS Law College} 

Email :Pranavbopulkar@gmail.com

Abstract:

In this article, the intersection of law, forensic medicine, and human rights is examined by critically evaluating the deployment of postmortem examinations in custodial death cases in India. This paper contends that postmortem procedures have been ritualized and tend to confirm state agendas instead of revealing the truth. Medical complicity, either by passive omission or active fabrication, has become a major enabler of custodial torture cover-ups. The research uses statutory provisions, judicial rulings, and empirical illustrations to illustrate how systemic failures undermine justice.This paper closes with alternative models and best practices from other jurisdictions that India can adopt. Particular focus is paid to the rural-urban divide in the implementation, disclosure, and redress of such medical complicity. It ends with structural reform recommendations to promote transparency and accountability.

Keywords: Custodial death, postmortem, torture, human rights, forensic law, India, custodial torture, medical ethics, human rights, institutional complicity, forensic independence, accountability mechanisms.

Introduction:

Custodial torture and killings are one of the most serious abuses of basic human rights. Even with constitutional assurances under Article 21, death in police or judicial custody has gone on unchecked. On paper, postmortem analysis is an important medico-legal instrument meant to determine the cause of death and bring perpetrators to book. In practice, though, such examinations serve as little more than procedural rituals which confirm official narratives. This study delves into how and why the postmortem process has been made ineffective in cases of custodial death, with special reference to the active or passive complicity of medical personnel. Death in custody—usually under suspicious circumstances continues to tarnish India's human rights record. Although India has constitutional and statutory safeguards against torture and transparency, the postmortem process, which is crucial to establishing the truth, has been ritualized and proceduralised instead of investigative. This paper recasts the discourse so that medical complicity is understood not only as an ethical violation but also as a failure in the system rooted in the confluence of medicine and state power. It also examines why and how international law and forensic principles have not been applied domestically in India, highlighting the gap differentials between rural and urban India.

To shape the state's application of the postmortem process, the term necropolitics, as defined by Achille Mbembe, is essential. Necropolitics refers to how sovereign power decides who should live and who should be subjected to death, usually through bureaucratic, clandestine, and institutionally authorized means. Postmortem custodial deaths become a necropolitical space of control. Through the orchestration of medical complicity either by coercion, omission, or structural subordination–the state makes de facto decisions about which deaths to note and which to render invisible. Especially in rural India, where infrastructural constraints and social proximity to the police are the rule, the process does not simply fail to disclose the truth it creates. The autopsy, under these circumstances, is less about forensic investigation and more about erasure ritual, affirming the notion that there are lives and by extension their deaths than which justice cannot be served

Legal and Institutional Framework

Constitutional and Statutory Provisions: The Indian Constitution offers a strong protective structure to safeguard the life and liberty of citizens. Article 21 secures the right to life, while Articles 20(3) and 22 safeguard against arbitrary arrest and self-incrimination. The statutory provisions applicable are Section 176(1A) of the CrPC: Requires a judicial inquiry into every case of custodial death.

Section 54 CrPC: Sets forth a medical examination of accused individuals at their request.

Sections 330 and 331 IPC: Criminalize torture to obtain confessions.

The Indian Evidence Act, 1872: Sections 24 and 25 deem coerced confessions inadmissible.

The NHRC Guidelines and International Obligations:The National Human Rights Commission (NHRC) has prescribed a detailed protocol for handling custodial deaths. They involve immediate intimation, postmortem videography, submitting reports within 48 hours, and having a forensic expert present.India is also a signatory of the UN Convention against Torture (UNCAT), although it has not ratified it. The Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary, and Summary Executions (1989) provide international standards for post-mortem examinations.

“The Forensic Ritual: When Procedure Replaces Truth

A postmortem is a a medical examination of a dead body to find out how the person died ,Most often, the postmortem doctor is a government hospital-trained medical officer who is vulnerable to institutional pressures from police officials. This compromises the objectivity necessary for an unbiased investigation.There are documented instances wherein prime procedures, such as photodocumentation, maintenance of viscera, or toxicological analysis, are omitted. Failure to perform these steps can severely compromise the evidentiary value postmortem, and the forensic process is under institutional control by the state. Most government-employed medical officers are not shielded by the police or administrative pressure. Physicians frequently operate under dual medical and administrative supervision, and both of these supervisions could have a vested interest in downplaying evidence of custodial violence. The absence of structural independence significantly compromises the objectivity. Administrative pressures, coupled with a lack of oversight, in rural areas are further compounded by the fact that physicians tend to be close police colleagues.Police tends to be present in the postmortem process and may have direct or indirect control over the writing of a report. In rural areas, police tend to prewrite the cause of death' report with minimal latitude or nerves for medical personnel to vary. Conversely, although urban cities possess slightly superior infrastructure and monitoring, forgery and manipulation of results still occur and are frequently camouflaged under bureaucratic language and formalities of law.

To illustrate these issues, several case studies provide real-life insights into the systemic problems showing custodial deaths and torture

1. P. Jeyaraj and J. Benicks (2020, Tamil Nadu – Rural):In June 2020, P. Jeyaraj and his son J. Benicks were arrested by the Sathankulam police in Thoothukudi District for allegedly violating the COVID-19 lockdown rules. They were subjected to severe torture in custody, which led to death. The initial postmortem reports were vague, but subsequent investigation revealed multiple injuries. This incident sparked widespread protests and led to the arrest of several police officers.

2. K. Rajkumar (2019, Kerala – Rural):K. Rajkumar, a 49-year-old man, was taken into custody by the Nedumkandam police in Kerala in June 2019. He was allegedly tortured for several days, leading to death. The initial postmortem examination did not conclusively indicate torture, but further investigations and public outcry led to the suspension of several officers.  

3. Udayakumar (2005, Kerala – Urban) : In September 2005, Udayakumar was taken into custody by the Fort Police in Thiruvananthapuram based on suspicion of theft. He died the same day, with reports indicating that he was subjected to severe torture. Postmortem examination revealed multiple injuries. In 2018, two police officers were found to be guilty and sentenced to death. 

Case Study: Vignesh Custodial Death (Chennai, 2022):Vignesh, a 25-year-old man, was arrested on April 18, 2022, by the Chennai police for alleged possession of ganja and liquor. The patient died the next morning in custody. Postmortem examination revealed 13 injuries suggesting custodial torture. Six policemen were arrested for murder charges. During the custodial death of Vignesh, discrepancies in the original autopsy report and subsequent reports arose, pointing towards a cover-up of injuries. The delay in providing the postmortem video to the family or complying with NHRC procedures raised pertinent doubts regarding compliance.In city jails, examples such as those from Mumbai and Delhi have revealed doctors filling boilerplate templates of autopsy reports with little variation. In rural settings, however, such as parts of Bihar and Uttar Pradesh, there have been instances of blatant forgery: body parts not being examined, reports dated back, and bruises attributed to postmortem changes. For example, a 2021 case from rural Madhya Pradesh involved doctoring post-mortem photos to erase visible bruising.While the NHRC guidelines suggest videography of postmortems and independent observers, these are never practiced, particularly in rural regions, where video cameras and independent forensic specialists are seldom available. Urban institutions might have such facilities, but systemic complacency makes noncompliance a norm. Even when families challenge autopsy reports, courts tend to accept government reports, unless overwhelming evidence is presented. This generates a legal environment in which the burden of proof falls unfairly on the victims. This disadvantage is more significant in rural India where victims do not have access to legal aid and civil society organizations. The inability to conduct a proper postmortem examination has resulted in acquittals or non-prosecution in the majority of custodial death cases. This feeds the culture of unity.

Comparative Jurisprudence: Lessons from Other Countries

South Africa's Independent Pathology Services: In South Africa, custody deaths are monitored by the Independent Police Investigative Directorate, with forensic units not attached to police administrations. This promotes both urban and rural equality in post-mortem examinations.

Argentina's National Registry of Torture Cases: Argentina's centralized registry enables national consistency, with medical officers who have received training being sent to rural provinces to confirm high-quality documentation.

United Kingdom's Forensic Services Authority: The UK model has central oversight, ensuring standardization over regions, and thus avoids urban-rural discrepancies.

Structural Alternatives and Best Practices

Formation of Autonomous Medico-Legal Units:Independent units that are not police or hospital administrative units will ensure autonomous working by forensic professionals. Rural areas have special mobile forensic units to address equity.

Compulsory Dual-Autopsy Mechanism:Second, postmortems by impartial experts must be made right, particularly in rural deaths where the local autopsies are not credible.

Citizen Oversight and Digital Archives:Digitizing postmortem records available through secure online platforms can empower citizens and watchdog agencies. Rural hospitals must be provided with technical assistance and audit systems to minimize forgery.

Training and Accreditation in Forensic Ethics:Physicians in rural and urban regions should be uniformly trained. Mandatory certification schemes and web-based modules can ensure national uniformity.

Legal Awareness among the Public in Rural Regions:Mobile human rights units and legal aid clinics can increase villagers' ability to hold their rulers accountable and to know their custodial law rights.

Civil Society Involvement :Engage NGOs and autonomous rights groups to track and report custodial deaths and make it easier for them to access postmortem reports.

Judicial Oversight Mechanism:Establish special human rights benches in High Courts to deal with custodial death cases expeditiously and ensure procedural compliance follow-up

Conclusion: India's custodial death epidemic cannot be resolved by police reform alone, and postmortem examinations in custodial death cases should be more than a procedural checklist. The inability to carry them out strictly and independently enables torture to be hidden and justice to be denied. Medical personnel constitute a crucial link in the chain of responsibility, and their roles need to be examined critically; medical personnel need to be empowered and compelled to maintain constitutional and ethical standards. Medical complicity is compounded in rural India owing to inadequate infrastructure, social control, and lack of awareness. In urban India, systemic manipulation and loopholes in law continue. The problem needs to be addressed through an integrated approach that enhances forensic autonomy and rural capacity, ensures ethical standards, and inculcates legal remedies into geographical and institutional fault lines.