If the Police Have the Power to Detain You, Who Has the Power to Watch Them?

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On 8 May 2026, Rest The Case hosted a powerful legal panel discussion on a question that affects every Indian citizen:

What happens when the State becomes the accused?

Titled “Custodial Deaths & Police Accountability in India”, the discussion came at a critical time, just weeks after the landmark Sathankulam custodial death verdict reignited national debate around police accountability, institutional reform, and the rights of citizens in custody.

At the heart of the discussion was a difficult but urgent truth:

When someone is taken into custody, they are entirely under the protection of the State.

So when that person dies, who is responsible?

India reports 1,800 of custodial deaths, yet accountability remains rare.
Despite signing the UN Convention Against Torture decades ago, India still does not have a dedicated anti-torture law.
The panel explored whether the recent Sathankulam verdict marks a real turning point or whether it is simply one rare case in a much larger broken system.

The discussion brought together legal experts to examine not just what happened in one case, but what continues to happen across the country.

One of the most striking moments came from Advocate Deepak Prabhuswami, who questioned why modern accountability tools are still missing from policing.

“If CCTV cameras are important for accountability, why are body cameras not mandatory for police officers, especially during sensitive operations, arrests, or high-risk situations?
If everything is recorded, the truth becomes much harder to hide.”

It was a simple question,
but one that captured the larger issue perfectly.

The panel raised several critical questions:

  • Why are remand hearings often treated as routine paperwork instead of real judicial checks?
  • Why does India still not have a specific law against custodial torture?
  • If human rights bodies can recommend action but not enforce it, is that enough?
  • Why does accountability often begin only after a tragedy?

The conversation also highlighted a deeper issue: custodial deaths are not just about policing.

They are about public trust.

They are about constitutional rights.

And they are about whether ordinary citizens can feel safe when dealing with institutions meant to protect them.

Shreya, CEO of  Rest The Case, summed it up clearly:

“The real question is not whether one verdict delivered justice.
The real question is how many families have to suffer before accountability becomes the rule, not the exception.
Justice should not begin after a death, it should prevent one.”

What made the discussion stand out was that it did not focus only on criticism.

It focused on solutions.

Mandatory body cameras.
Better judicial oversight.
Independent accountability mechanisms.
Clear anti-torture legislation.
Real institutional reform.

It is whether India is finally prepared to build systems that make it harder to hide.

For citizens, lawyers, policymakers, and institutions alike, that is no longer a theoretical debate.

It is a democratic one.


Disclaimer: This article summarizes views and discussions expressed during a legal panel discussion hosted by the organizers. Opinions expressed by speakers are their own and are intended for public discourse and awareness purposes only. The publication does not independently verify all statistical claims or legal interpretations mentioned during the discussion.