Police Atrocities And Custodial Torture: Issues And Remedies

Samrat Vikram Singh, Nirma Law University, Ahmedabad

ABSTRACT

The most widespread element of sovereignty is self-preservation, and every nation's highest duty is to protect its territories and independence, and to achieve these goals, nearly all other considerations must take a back seat. Furthermore, no individual shall be tortured or subjected to any other form of cruel, inhuman, degrading conduct or punishment, as this directly violates the rule of law, which requires that the state branch's authority emanate from and be constrained by the law. But on the contrary, the fact that those who are meant to be the citizens' defenders are the ones who perpetrate it makes it worse. Custodial abuse and police brutality are therefore serious issues.

The victim is completely helpless as the crime is carried out behind the protection of a uniform and official status within the confines of a police station or jail. Consequently, in a society that is free, it is extremely important to safeguard people from being tortured and mistreated by law enforcement. Moreover, the Indian Constitution has a provision that forbids the State or its agents from torturing or abusing someone. Thus, this paper has examined the ongoing attrition of the principle rule of law in India and consider the necessity of assuming custodial violence as a countermeasure to the rising threat of police abuses. Additionally, it has also work to build legal initiatives to address police brutality and the corresponding remedies.

Keywords: Custodial atrocities, extra-judicial killings, human rights, and international human rights instruments.