Breaking The Silence: Custodial Torture And Victim Rehabilitation Measures In India
- IJLLR Journal
- 20 minutes ago
- 2 min read
Rakesh IR, LLM (Constitution and Administrative Law), School of Law, Christ (Deemed to be) University, Bangalore
Dr. Shibu Puthalath, Associate Professor & Associate HOD, School of Law, Christ (Deemed to be) University, Bangalore
ABSTRACT
Custodial torture in India continues to be a persistent human rights issue, evincing deep-seated systemic inadequacies, failures of institutional framework, and the history of impunity deeply ingrained in the criminal justice system. There is indiscriminate torture, inhuman treatment and custodial death, especially of marginalized communities, despite constitutional guarantees under Articles 21 and 22 and international obligations under various instruments (e.g. United Nations Convention against Torture, UNCAT). Judicial deliberations, by way of public interest litigations (PILs) such as D.K. Basu v. State of West Bengal (1997) and Nilabati Behera v. State of Orissa (1993), have established the constitutional entitlement for victims to adequate compensation and therefore have delineated procedural mechanisms for a sound punitive response and compensation to victims. there have been statutory initiatives to support effective rehabilitation of torture victims under Section 396 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and National Legal Services Authority (NALSA) schemes which provide monetary, medical, psychological and socio economic support towards comprehensive rehabilitation. However, mechanisms towards rehabilitation have been deficient. Compensation has not acted as a spur to effectively rehabilitate and give a sense of agency to victims, delayed payments, a manual the process, and a non existent comprehensive rehabilitation mechanism have addend to the inadequacies. This study aims to critically assess constitutional provisions, judicial trends, statutory provisions and mechanisms towards institutions to assess their overall efficacy towards rehabilitation after custodial torture. It emphasizes the necessity for legislative clarity, an independent investigation body, open oversight, and combined victim-centered rehabilitation programs to restore dignity, ensure justice, and promote accountability. Strengthening these measures is especially important to disrupt the cycle of trauma, and to uphold the rule of law in India.
Keywords: Custodial Torture, Victim Rehabilitation, Human Rights, Section 396 BNSS.
