Custodial Violence In India: An Analytical Study

Akash, Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand

Mr. Ambar Srivastava, Assistant Professor, Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand

ABSTRACT

“Torture in prison constitutes an admission of negligence in administering justice. This conduct is a blatant violation of human rights that are governed by legal standards and a serious offense against humanity. The current situation poses a significant threat, particularly for individuals belonging to the economically disadvantaged and socially marginalized segments of society. We assert our identity as "Vishwa guru" despite the fact that numerous occurrences of police brutality are not attributable to individual deviations, but rather to systemic coercions. India, while being a signatory to the Convention against Torture, has not effectively implemented its requirements. The incidence of torture is increasing at an unpredictable and unprecedented pace, prompting significant inquiries into the government's underlying motivations for failing to implement adequate measures to safeguard the rights of victims against inhumane torture. This article is divided into multiple sections by the researcher in order to examine the International Convention on Torture, with a particular focus on providing a historical review of torture in India and in particular violence against SC/ST members. A comparative analysis of laws in various nations also places emphasis on significant rulings made by the respective esteemed courts. The focus of this essay pertains to the current domestic legislation concerning inhuman and degrading treatment. It concludes by providing concise recommendations and a final statement.”

Keywords: Law, Constitution of India, custodial violence, Universal Declaration of Human Rights, United Nations Convention Against Torture, Nelson Mandela Rules, National Human Rights Commission, Law Commission