A Socio-Legal Analysis Of Custodial Torture & Fake Encounter Killings In India
- IJLLR Journal
- 4 days ago
- 1 min read
Ms. Balreen Kaur Brar, B.A, LLB, LLM, NET (Qualified)
ABSTRACT
This research paper solely examines the issue of custodial torture and fake encounters in India despite a robust criminal justice system. India has the largest democracy, which is regulated by the rule of law, but still frequent reports point towards the brutal behavior of the police officers with the person in custody. The Constitution of India guarantees the Right to Life & Personal liberty under Article 21, but the practice of the state ignoring or supporting violence imposes a question mark on the implementation of this robust provision.
This research paper recognizes that custodial violence is not merely the violation of human rights, but it is also a great threat to a democratic fabric of the nation. Whenever, any state bypasses the legal trial regulations and provides instant justice by fake encounters, it directly questions the strength and implementary framework of the judiciary and judicial bodies, thus undermining the trust of the public.
This study further points out the gap between judicial mandate and ground level implementation of the statutory framework. Ultimately, this research paper calls for the gradual shift from a “punitive” mindset to constitutional morality, to ensure that the protectors of the law do not become violators themselves.
