Imprisoned!: Rights Of The Inmates

Subhra Dan & Sohini Adhikary, Adamas University, Kolkata

ABSTRACT

Science says that humans are the most evolved variants of the Tetrapod. But there are certain aspects that create a huge difference between human beings and other tetrapod. Conscience it is! Our compassion and humanity make us HUMAN BEINGS, and when we run short of these basic moralities, no longer are we distinguishable from the wild. Such a heinous offence is ‘torture’. When such an offence is committed inside the prison, widely known as the correctional home, then it becomes an act of sheer disgrace. It also gives rise to an interrogation Quis Custodiet Ipsos custodes (who will guard the guards)? Custodial torture is defined in normal parlance as the barbaric attitude of the police towards pre-trial or under-trial prisoners. The inhuman ways of interrogating the detainees violate the fundamental rights enshrined in Part iii of the Constitution of India. According to the ‘International Covenant on Civil and Political Rights’, the right against arbitrary arrest, the right to life, liberty and security, the right against self- incrimination, right to equality and non-discrimination are identified as the core of essential human rights. The Anti-torture bill was introduced in the parliament in the year 2010. Almost fifteen years have passed but there are no codified laws to prevent custodial tortures in the land of India. This paper provides kaleidoscopic view on the taxonomy of custodial brutality, the stance of the Constitution of India, and recommendations regarding the prevention of brutality in police custody. This paper endeavour to explicate the need of anti-torture laws in India.

Keywords: Constitution, torture, custody, fundamental rights, parliament, dignity, human rights, inmate.