Custodial Torture As A Blatant Violation Of Human Rights: A Critical Examination
- IJLLR Journal
- Jan 21
- 2 min read
Aditya Soni, O.P. Jindal University
ABSTRACT
Custodial torture, a repugnant act in which people intentionally subjected to physical, mental, or psychological suffering while in the custody of law enforcement, represents a pervasive and alarming violation of human rights that reverberates throughout communities all over the world. This pervasive phenomena impacts individuals without discrimination, beyond distinctions of gender, age, or health condition. Despite arguments that attempts to justify the use of custodial torture as a strategy to combat crime rates, it is crucial to recognise that this inhuman practise has become deeply ingrained within the system and is carried out with the support of the government. This research paper performs a critical analysis of custodial torture specifically in India with an emphasis on its legal frameworks, difficulties, and preventative measures at the national levels. This paper critically examines the national legislative framework and compliance in India, highlighting a significant discrepancy between the existing legal measures that criminalize custodial torture and their actual implementation. This clear incongruity is underscored by the use of cases and reports such as the case of Dagdu vState of Maharashtra (1977), State of Madhya Pradesh v. Shyamsunder Trivedi (1995), DK Basu V. State of West Bengal (1996), and NCRB reports, so highlighting the pressing need to rectify this disparity. This research delves further into the complex challenges associated with avoiding and solving the problem of custodial torture in India. It specifically examines the concerns related to police immunity, accountability, and societal expectations. We are also going to discuss important interntional legal framework and treaties regarding Custodial torture including United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), niversal Declaration of Human Rights (UDHR) and International Covenant on Civil and Political Rights (ICCPR).
