Kerala police complaints body seen powerless as custodial torture cases rise; public trust declines in SPCA

KOCHI/TIRUVANANTHAPURAM : Amid recurring cases of custodial torture, the State Police Complaint Authority (SPCA) a quasi-judicial body set up to provide justice against police excesses remains a toothless tiger. Despite its mandate, the authority has been steadily losing public confidence, reflected in the sharp decline in complaints handled by it over the past decade. At a press conference in Thiruvananthapuram on Tuesday, SPCA chairman Justice V K Mohanan admitted that the authoritys powers are limited to making recommendations. We can only recommend action, which we are doing to the best of our abilities. We do not have legal provisions to enforce disciplinary action. We have no obligation to follow up once recommendations are made, he said. The numbers speak volumes. While 671 complaints were filed with SPCA in 2014, the number dropped to 45 this year (till August 15). Overall, of the 5,218 complaints received since its inception, 5,152 have been resolved, leaving just 66 pending. Yet, the steady fall is less about efficiency and more about eroding trust. The decline shows dissatisfaction and even fear. People feel there is no point in knocking on SPCAs doors, a Kerala High Court lawyer said. Legal experts argue the authority has become irrelevant. V Aja Kumar, special public prosecutor in the 2017 actor assault case, said, Though framed as quasi-judicial, SPCA functions more like a quasi-inquiry body. Action against errant officers happens only if the department or government decides to act. Otherwise, complainants walk in and out with no result. Many recall a different era under former SPCA chief Justice K Narayana Kurup, known for his swift interventions. In one case of custodial assault in Kollam, Kurup rushed to the hospital the very next morning, recorded the victims statement, and booked the officer under the Indian Penal Code (IPC) for causing grievous hurt. He also directed the officers immediate suspension. In another instance, he ordered a policeman in Kalamassery to repeatedly scribble custodial torture is unconstitutional as punishment for illegally detaining a man. That sense of urgency and accountability is missing today, a former SPCA member said. Police insiders admit that weak deterrence emboldens misconduct. If dismissals and harsh measures were enforced, such acts would drop, an officer in Kochi said.