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Indian Dalit man's alleged custodial death and a family's wait for justice
On 8 March, a 26-year-old man died in a hospital in southern India's Tamil Nadu state, allegedly due to injuries he sustained in police custody.
Almost two months later, his body is still in a hospital morgue. His parents say that they will collect it and conduct his last rites only after the policemen responsible for their son's death are arrested.
They allege that Akash Delison was brutally tortured by the police after he and his friend, Gopi, were arrested in a criminal case.
Akash died two days after his arrest while Gopi remains in judicial custody. Akash and his family are members of the Dalit community, which lies at the bottom of a harsh caste hierarchy.
Police have denied the allegation, saying Akash was injured after jumping off a bridge while fleeing from the police.
After widespread protests, six officers were suspended and the Tamil Nadu government has ordered an investigation by the state's top anti-crime agency.
Akash's alleged custody death made headlines as the third such case reported this year in Tamil Nadu.
In February, the Central Bureau of Investigation (CBI) said that the death of 27-year-old Ajith Kumar, a security guard at a temple in Sivaganga district, was due to police excesses.
Kumar was detained by the police in a robbery case - which the CBI said later was based on a false complaint - in June 2025 and died a day later in custody.
Earlier this month, a special court in Madurai sentenced nine police officers to death for the deaths in custody of a father and son in Tamil Nadu in 2020 that had triggered widespread outrage and protests.
Cases like these underscore the pervasive nature of custody killings by the police and security services, not just in Tamil Nadu but across India.
According to data from the federal home ministry, India recorded 170 custody death cases between 2025 and 2026 (until 15 March).
The northern state of Bihar recorded the highest number of cases at 19, followed by the western state of Rajasthan with 18 cases and northern Uttar Pradesh state with 15.
Many international organisations have expressed concern over such extrajudicial killings in India.
In its 2026 report, the Global Torture Index, a data-driven tool developed by the World Organisation Against Torture, classified India as a 'high risk' country for torture and ill-treatment by police and security forces, along with countries like Pakistan, Nigeria, Colombia and Mexico.
"Incidents involving severe beatings, forced confessions and custodial deaths frequently occur [in India], particularly targeting marginalised communities such as Dalits, Adivasis (tribal groups), Muslims, LGBTQIA+ individuals and migrant labourers," the report notes.
In February, United Nations (UN) experts urged the Indian government to launch independent investigations into "alarming allegations of hundreds of extrajudicial killings and torture-related deaths".
Their letter also expresses alarm over the practice of "encounters" and "half-encounters", frequently reported in states such as Uttar Pradesh and Assam, saying that they risk normalising unlawful violence.
"Encounter" is a term used by police and the media to describe a confrontation between the police and a criminal which results in the latter's death. "Half encounter" refers to when such a confrontation results in the criminal getting injured.
However, rights activists allege that these confrontations are often staged by the police to eliminate alleged criminals without having to go through the long and winding legal process of investigations and court trials.
Alice Edwards, the UN's Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, told the BBC that the Indian government had not responded to the letter and that the 60-day deadline for doing so had passed.
The BBC has written to the federal home ministry for a response.
Anandhi, Akash's mother who visited him in hospital hours before he died, told the BBC that her son had allegedly been blindfolded and brutally assaulted by police officers.
Akash's autopsy report documents over two dozen external and internal injuries, including broken bones in his right leg, brain haemorrhages and swelling in his heart and lungs.
"When my wife came home after visiting Akash, she was crying uncontrollably and said that she feared for his life," Rajesh, Akash's father, told the BBC. He added that his family had still not recovered from the shock of his son's death.
"Akash wanted to become a lawyer so that he could help our community. He used to also help me run my shop. They [the police] have snuffed out the life of an active young man who had big dreams for the future," Rajesh said.
Anandhi and Rajesh say that it is painful to not perform the last rites for their son, but they are bearing it so that he can get justice. Several Dalit organisations in the state have condemned Akash's alleged custodial death and have extended their support to the grieving family.
The BBC has written to the Home Secretary of Tamil Nadu and the state's Director General of Police for a response to Anandhi's and Rajesh's allegations about their son's death, and their demand for the arrest of the policemen allegedly responsible for it.
Lawyers and rights activists say holding police personnel accountable in individual cases is vital, but without deeper reforms, it won't end custodial torture and deaths in the country.
They argue that while India's Constitution and criminal laws provide safeguards against custodial abuse, enforcement remains weak and inconsistent.
Legal consultant Anupama Arigala says police, magistrates and prosecutors must prioritise constitutional principles over simply making arrests or securing convictions.
"These three parties must carefully analyse if there's really a need for police or judicial custody or if the accused can serve the case better by participating in the investigation while out on bail," she says.
She adds that magistrates must also be vigilant for signs of torture or forced confessions when the accused is presented in court.
But, she says, heavy caseloads, understaffing and poor legal aid make it hard to achieve systemic change.
In their February letter, the UN experts also urged India to ratify the Convention Against Torture, which would require a law explicitly criminalising torture - something the country currently lacks.
Activists say such a law won't end custodial abuse overnight, but it would signal official recognition of the problem and spur institutional change.
Follow BBC News India on Instagram, YouTube, X and Facebook.
Source: BBC
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