A Study On Custodial Rape In Indian Prisons
- IJLLR Journal
- Jul 27
- 2 min read
Jananee. J., B.A. LL.B. (Hons.), LL.M., VELS Institute of Science, Technology & Advanced Studies, School of Law, Pallavaram, Chennai
ABSTRACT
This study critically analyzes the Custodial Rape cases in jails, a gross infringement of victim's Human rights and a blatant abuse of authority. Despite vast preventive law like the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and The Protection of Human Rights Act, 1993, custodial rape persists owing to underreporting, fear of retaliation, lack of accountability, socio-cultural stigma, and unequal power relationship in custody. The study puts the role of the judiciary as a custodian of the constitution in sharp perspective by interpreting the law and setting precedents to hold state functionaries accountable. The landmark cases such as Tukaram v. State of Maharashtra (1979) (Mathura rape case) and Dilip v. State of Madhya Pradesh (2021) show the evolving sensibility of the Indian judiciary. The Mathura case especially infuriated the masses and led to the Criminal Law (Amendment) Act, 1983, which introduced special custodial rape provisions in Section 376(2) of the IPC. The constitutional aspect is also studied in this work, where it discusses the right to dignity even of the prison inmates. It keeps in view the vulnerability of the victims, women, and marginalized sections like Dalit and tribal women, who are subject to intersecting discriminative forces. Moreover, the study also takes into account the legal framework that presides over custodial rape, and India's compliance with the UN Convention Against Torture (CAT). It encompasses a victimological study, explaining the extensive psychological effects (PTSD, depression, anxiety) and social effects (stigma, ostracism) on the survivors, and the importance of legal assistance, counselling psychology, and NGOs in assisting the victims. Finally, the study offers recommendations for reforms like a robust legislative framework, establishment of independent courts and human rights courts, overall police reforms, and effective prison reform and administration. The objective is to assess the effectiveness of the judiciary in safeguarding the dignity and rights of custodial rape victims and to facilitate a better just and humane custodial system in India.
Keywords: Custodial Rape, Prison Reform, Human Rights, Indian Constitution, Legal Framework, Sexual Violence, Judicial.
