Police lack sensitivity: Calcutta High Court on Birbhum custodial death of minor

Mallarpur villagers in Birbhum had accused the police of custodial death after the boy, arrested on suspicion of theft, was found hanging in the toilet of the Mallarpur Police Station on October 29.

The Bench was hearing a petition demanding protection of minors in juvenile homes amid the Covid-19 pandemic.

“The custodial death is one of the worst crimes in a civilised society governed by the rule of law. The incident shocked the conscience of every responsible citizens more, particularly the irresponsible behaviour and lack of sensitivity of the police officers who have the solemn responsibility to protect the rights of a citizen, more particularly the right recognised and guaranteed for the minors in conflict with law,” underlined the court.

The division bench also asked Birbhum district superintendent of police to set up child-friendly corners in every police station under his jurisdiction.

“The Superintendent of Police is directed to ensure that the child friendly corner at every police station within his jurisdiction is restored or set up within a fortnight from date, and all facilities and arrangements including deployment of SJPUs are regularised and maintained. It is again unfortunate that there is no female police officer kept in the juvenile protection unit or child friendly corner, and the entire so-called child friendly corner is taken care of by a civic volunteer who does not have any role nor owe any allegiance to the provisions of Juvenile Justice (Care and Protection of Children) Act,” the court said.

It added, “It is hereby ordered that civil volunteers should not be permitted either to be deployed in child friendly corner nor part of the Juvenile Justice (Care and Protection of Children) Act, and it shall be manned by a regular SJPU as designated child welfare police officer who can be held responsible for their lapses or negligence in discharging their duties.”