Gujarat police probed for torture and sexual abuse of minor Muslim boy in illegal detention
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The illegal detention of a minor Muslim boy and his custodial torture by the Gujarat Police, including sexual abuse that damaged his kidneys and caused him to fall into a severe health condition, have been criticised as prejudicial, with an FIR filed against four constables and a probe underway into the alleged custodial torture.
The case stems from the detention of the boy on 19 August in Botad district, where he was picked up under suspicion of theft and kept in illegal custody for nine days without a warrant, without being produced before the Juvenile Justice Board, thereby defying the legal procedure of producing minors within 24 hours, during which period he was allegedly subjected to repeated physical assault and sexual abuse.
An FIR has been registered against four constables – Yogesh Solanki, Ajay, Kaushik Jani and Kuldeep Singh Vaghela – under sections of the Bharatiya Nyaya Sanhita relating to causing hurt to extort confession, illegal detention and common intention, as well as under the Juvenile Justice Act for cruelty to a child, though no arrests have yet been made.
The boy, who lost his parents and has been living with his grandparents and sisters while working as a daily wage labourer, was detained in connection with an old theft case reported in July, although no charges were registered against him at the time of his detention.
Family members have claimed that police forced their way into the house, seized pension savings belonging to his grandparents, and threatened them with consequences if they pursued the matter further, while also detaining his grandfather when he sought to enquire about his grandson’s whereabouts.
The prolonged abuse reportedly led to severe injuries, and when his health deteriorated, police admitted him to a local hospital on 28 August. Doctors there found his condition too serious for local treatment and referred him to Ahmedabad, where he was shifted to Zydus Hospital on 1 September and placed in intensive care. Medical findings indicated kidney damage along with other injuries, reflecting the seriousness of the custodial torture. His condition has since stabilised, but he remains under treatment.
The family has alleged that the police initially misled them by attributing his injuries to an insect bite, adding to suspicions of a cover-up and neglect of duty. Rights organisations have called the incident a grave violation of human rights and due process, demanding accountability and safeguards against such abuse.
The family petitioned the Supreme Court, alleging illegal custody, sexual assault and custodial violence, but the apex court directed them to approach the Gujarat High Court, where proceedings are expected to continue.