Custodial Violence In India: A Legal And Human Rights Perspective
- IJLLR Journal
- Jun 26
- 2 min read
Prem Kumar, IILM University, Greater Noida
ABSTRACT
The term 'custodial violence' covers a wide range of abuses inflicted on individuals held in custody, whether in police detention, judicial lock-up, or correctional facilities. Custodial Violence is one of the worst types of Human rights violations. Custodial violence constitutes a serious breach of the protections enshrined in the Constitution of India, the Universal Declaration of Human Rights (1948), the Convention Against Torture (1984), the European Convention on Human Rights (1950), and various other international human rights instruments. Violence is often employed to assert dominance and impose one’s will over another, reflecting a desire for power and control. Recognizing this, the government has established mechanisms such as the National Human Rights Commission (NHRC) to promptly redress for poor and vulnerable victims. While India has adopted several protective measures through constitutional provisions, statutory laws, and international human rights obligations, the incidence of violence, particularly against inmates in custody, continues to rise at an alarming rate. In India, despite being a democracy, instances of inhumane treatment by police officials reflect a disturbing contradiction to their duty to uphold individual rights. The incidence of custodial sexual abuse against women complainants reflects a troubling misuse of power by police officials. This has prompted the Law Commission and the judiciary to recommend both institutional reforms and the enactment of a distinct law to address the issue more effectively. This research paper examines the prevalence, causes, and consequences of torture and inhumane treatment inflicted upon individuals in police, judicial, and prison custody. The research concludes that while legal protections exist, effective implementation and strict accountability remain the key to curbing custodial violence in India.
Keywords: Custodial Violence, Human rights, Constitutional rights, Police Brutality, National Human Rights Commission (NHRC)
