Custodial deaths represent one of the gravest manifestations of state violence and one of the most persistent failures of the rule of law in democratic India. The death of a person in the custody of the state, whether in police lockups, judicial prisons, or other detention facilities, constitutes a fundamental violation of the right to life guaranteed under Article 21 of the Constitution. Despite a robust constitutional and statutory framework, a significant body of Supreme Court jurisprudence, and the institutional mandate of state human rights commissions, custodial deaths in India continue to be reported at an alarming rate, with convictions of the responsible officers remaining exceptionally rare. This article presents findings from an original socio-legal empirical study examining the role of the Odisha Human Rights Commission in addressing custodial death cases over a ten-year period from 2015 to 2024. Drawing on data from 200 documented custodial deaths in Odisha, 140 complaints filed before the OHRC, case file analysis, and interviews with families of victims, legal aid workers, and civil society organisations, the study assesses the commission's institutional performance, the adequacy of remedies provided, the pattern of state government compliance with OHRC recommendations, and the systemic reforms required to prevent custodial deaths and ensure accountability. The article argues that while the OHRC has made significant contributions to individual case redressal, its systemic impact on preventing custodial deaths is severely constrained by weak enforcement powers, low conviction rates, inadequate legal aid for victims' families, and a pattern of state government non-compliance with its recommendations.
Girish Ranjan Sahoo (Sat,) studied this question.