An Analytical Study Of Custodial Sexual Violence In India: Legal Framework, Implementation Challenges, And Reform Prospects
- IJLLR Journal
- 37 minutes ago
- 1 min read
Aditya Trivedi, National Law University, Meghalaya
ABSTRACT
Sexual violence in Indian prisons remains a largely unaddressed human rights concern, particularly for male and transgender inmates. The absence of gender-neutral provisions in the Bharatiya Nyaya Sanhita (BNS) leaves non-consensual same-sex assaults in custodial settings without adequate legal recourse. This research adopts a qualitative approach, analysing case law, International Comparison, National Human Rights Commission (NHRC) interventions, policy documents, the UN stance on prisoner rights and empirical studies to identify systemic gaps. The study uses Structural Violence Theory, Queer theory and Feminist Theory to illustrate how institutional neglect, caste-based hierarchies, and rigid legal systems that recognize only binary gender categories increase the vulnerability of certain prison populations. Findings indicate that when laws don't recognise certain groups, inadequate grievance mechanisms exist, and there are no special protections in place, they are more likely to face abuse. The paper recommends legislative amendments to criminalize all forms of custodial sexual violence, independent monitoring through AI-enabled tools, and comprehensive training for prison staff.
Keywords: Sexual violence in prison, Custodial rape, Male and transgender inmates and Structural violence.
