Custodial Torture in Tamil Nadu: The Sivaganga Case Demands Urgent Police Reforms -

When Ajith Kumar, a 27-year-old security guard at the Madapuram Badrakaliamman Temple in Tamil Nadu’s Sivaganga district, was picked up by police on June 27, 2025, no one imagined it would cost him his life. Detained in connection with a gold theft case, Ajith was released initially but later rearrested by a special team. Days later, he collapsed and died.

What emerged next horrified the public: a video surfaced showing Ajith being beaten brutally with sticks near the temple. A post-mortem confirmed multiple injuries, sparking widespread outrage. The Madras High Court remarked, “Even a murderer would not have inflicted such injuries,” calling the footage “shocking.”

The Tamil Nadu government responded quickly—suspending six police officers, arresting five, and transferring the case to the Central Bureau of Investigation (CBI). But the bigger question remains: how many Ajiths will it take before custodial torture is truly addressed?

Ajith Is Not Alone

Ajith’s death is not an aberration it is part of a pattern of custodial brutality that continues to haunt Tamil Nadu and the rest of India. Think back to 2020, when Jayaraj and Bennix, a father-son duo from Thoothukudi, died after alleged torture in police custody. Their only offence? Keeping their mobile shop open past curfew. The visuals, public outrage, and international coverage sparked demands for reform. And yet, custodial torture persists.

In 2023, the Ambasamudram case shocked the nation when an IPS officer was accused of using pliers to extract the teeth of young detainees. Despite official complaints and media attention, progress on prosecution has been slow. Statistics paint a darker picture. Between 2017 and 2022, Tamil Nadu recorded 63 custodial deaths but not a single conviction. In 2024, an RTI revealed that over 300 undertrials entered Puzhal Central Prison with serious injuries, including fractured bones, reportedly inflicted before formal arrest. These aren’t isolated excesses they represent systemic abuse, especially targeting vulnerable communities like Dalits, Muslims, the poor, and young men without political or legal backing.

What Is Tamil Nadu Doing About It?

In Ajith’s case, the government acted fast a CBI probe was ordered, erring officers were suspended or arrested, and compensation was discussed. Tamil Nadu even has an enhanced ex-gratia policy: ₹3 lakh for custodial negligence and up to ₹7.5 lakh for confirmed torture cases. Senior officials pointed to existing CCTV mandates in police stations and training programs on rights-based policing. The judiciary too has taken a strong stance especially the Madras High Court, which has called for swift and exemplary action. But despite these measures, the core problem remains unaddressed. In the past, similar high-profile cases led to temporary scrutiny but without institutional reform, the cycle of abuse continues. The conviction rate in custodial death cases remains nearly zero. Compensation and suspension, while welcome, are not substitutes for criminal accountability and preventive mechanisms.

What Needs to Change

It’s clear that superficial remedies won’t fix a deeply embedded problem. If India wants to end custodial torture, it needs a multi-pronged, legally binding, and time-sensitive strategy.

Independent Investigations – All custodial deaths must be investigated by a judicial magistrate or independent human rights commission, not fellow police officers. Independence ensures integrity.

Scrap the “Permission Shield” – Section 198 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) requires government sanction before prosecuting public servants. This provision enables impunity and must be scrapped or amended, especially for torture allegations.

CCTV with Oversight – Install functioning CCTV cameras in all police stations, including lock-ups and interrogation rooms. Footage must be preserved for 180 days and audited regularly by independent bodies.

Fast-Track Trials – Introduce time-bound trials as done in POCSO or SC/ST Act cases for custodial deaths. Justice delayed in these cases is not just denied; it is actively buried.

Ratify UNCAT – India signed the United Nations Convention Against Torture (UNCAT) in 1997 but has still not ratified it. Enacting a standalone anti-torture law aligned with UNCAT will show genuine intent and ensure international accountability.

Implement Police Reforms – Enforce the Prakash Singh Supreme Court guidelines especially on setting up Police Complaints Authorities and separating law and order from investigation roles to reduce political interference and increase accountability.

Legal Provisions: What the Law Already Provides

India’s new criminal code the Bharatiya Nyaya Sanhita (BNS), 2023 has incorporated specific safeguards against custodial torture. But they need to be enforced, not just cited.

Key BNS Provisions:

Section 73, BNS: Causing hurt to extract confession — punishable with up to 7 years imprisonment and fine.
Section 74, BNS: Causing grievous hurt for the same — up to 10 years imprisonment and fine.
Section 101(2), BNS: Custodial death by a public servant = murder, with the strictest penalties applicable.

Under BNSS:

Section 198: Requires government sanction before prosecuting a public servant—a provision often used to shield police personnel from accountability.

Clearly, the legal framework exists, but systemic reluctance to prosecute police officers and lack of political will keeps justice out of reach for most victims.

From Outrage to Overhaul

Ajith Kumar’s death cannot be allowed to fade into another statistic or be reduced to a viral video. His story should not end with a compensation cheque or a transfer order. It must ignite legal reform, enforce accountability, and inspire institutional change. The Bharatiya Nyaya Sanhita has the right provisions. The Constitution guarantees the right to life and dignity under Article 21. The judiciary has issued binding guidelines. The world is watching. Now it is up to us citizens, lawmakers, civil society, and the media—to demand more than symbolism. We must demand a system where the lock-up is no longer a place where justice dies. Because in a democracy, the rule of law must protect every life even one in custody.

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