The Anatomy Of Impunity: A Comparative Legal Analysis Of Custodial Torture In India And Liberia
Sylvester F Larbeindee JR, LL.M., (Criminal and Security Law), Parul University
ABSTRACT
Custodial torture remains a pervasive human rights violation in both India and Liberia, characterised by the intentional infliction of severe physical and psychological harm on individuals within state custody. Despite structural constitutional protections such as Article 21 of the Indian Constitution and Article 21(e) of the Liberian Constitution, both nations exhibit a severe dichotomy between normative legal mandates and practical law enforcement. Institutional drivers, including severe prison overcrowding, systemic corruption, outdated colonial-era policing frameworks, and inadequate medical infrastructure, continue to foster an environment of state impunity. Furthermore, socio-economically marginalised populations in India and political dissidents in Liberia bear the disproportionate brunt of police brutality and arbitrary detentions.
This comparative legal analysis examines the domestic legislative gaps, international treaty obligations, and accountability mechanisms governing custodial torture in both jurisdictions. While India maintains a dualist legal framework that limits the domestic enforceability of unratified treaties like the UN Convention Against Torture (UNCAT), Liberia struggles with long- standing reporting delays and a lack of specific anti-torture statutory legislation. Oversight institutions in both nations, such as the National Human Rights Commission (NHRC) in India and the Independent National Commission on Human Rights (INCHR) in Liberia, remain constrained by their non-binding advisory powers and lack of direct prosecutorial authority. The study highlights the urgent necessity of enacting statutory anti-torture legislation, implementing mandatory technological oversight like CCTV and body-worn cameras, and adopting standardised medico-legal documentation tools such as the Istanbul Protocol to curb custodial abuse.
Keywords: Liberia, India, Anatomy, Impunity, Custodial, Torture, Police, Law Enforcement
