Concept And History Of Custodial Violence In India
- IJLLR Journal
- Feb 28
- 2 min read
Lumina L, Sathyabama Institute of Science and Technology
“Torture is a wound in the soul so painful that sometimes you can almost touch it but is also so intangible that there is no way to heal it. Torture is anguish squeezing in your chest, cold as ice and heavy as a stone, paralyzing as sleep and dark as the abyss. Torture is despair and fear and rage and hate. It is a desire to kill and destroy, including yourself”. - Adriana P. Bartow
ABSTRACT
It is sovereignty that stands as a defining element of the state, distinguishing state from other institutions38. The state which is bestowed with this sovereign power is entrusted with important function to uphold law and order while safeguarding the fundamental human rights of all individuals within their territory. However, problems arise when those with authority perpetrate crimes against the most vulnerable members of society. Custodial violence is one such instance where individuals granted with the responsibility to prevent crime misuse their power to commit offenses39. After all, "Power corrupts, and absolute power corrupts absolutely"40.
Custodial violence persists as a troubling phenomenon within India's criminal justice system, posing significant challenges to the foundational principles of justice and human rights41. This chapter delves into the concept and historical evolution of custodial violence in the Indian context, offering a comprehensive examination. Beyond mere physical abuse, custodial encompasses a range of offenses that violate the trust that people have in law enforcement and prison officials42. This issue traces its roots back to the historical fabric of medieval and ancient custodial systems, evolving through colonial authority and continuing to shape contemporary narratives surrounding abuse and justice in post-independence India43. This chapter explains the fundamental causes of the widespread incidence of custodial violence and offers a thorough examination of its scope.
Through this comprehensive examination, the chapter lays the essential groundwork necessary for fostering a nuanced understanding of the concept of custodial violence.
Keywords: Custodial Violence, Violation of Human Rights, Forms of Violence.
