Custodial Torture In India: Constitutional Guarantees Vs. Ground Realities
- IJLLR Journal
- Feb 18
- 1 min read
Ayushi Vaid, LLM, Faculty of Law, University of Delhi.
ABSTRACT
Custodial violence remains one of the most heinous violations of human rights in India since it is deeply entrenched in the operational ethos and institutional framework of the police system. By focusing on standpoint of law enforcement, this research explores the complex social and institutional factors that facilitate torture. The research further explores how hierarchical constraints, political pressure, insufficient training and performance driven police system contribute to the culture that perceives torture as an accepted practice. The research highlights how institutional instability typically fosters custodial violence instead of individual deviance by relying on perspective of police officers, landmark decisions and certain reports.
It further examines the deficiencies in police training, accountability systems, and working circumstances that create a climate in which abusing certain fundamental rights might go unpunished. At last it provides some reforms that involves better working conditions, strengthening judicial monitoring, strong police public relations and operational freedom. A crucial recommendation is to enact a separate Anti Torture Law that aligns with UNCAT which India has signed but hasn’t ratified.
The prevalence of custodial violence is a stark reflection of institutional stillness, harsh police behaviour and the absence of proper laws to safeguard the detainee’s rights. A fundamental change in the police culture is required to shift from coercion to professionalism. This critical analysis leads to the conclusion that Custodial torture or mistreatment is a blatant misuse of legitimate power in a cruel manner by the law enforcement authorities most commonly employed against oppressed, destitute, and the uninfluential.
Keywords: Custodial Torture, Violence, Accountability, Constitution, Human Rights
