The Impact Of Custodial Violence On Criminal Justice In India

Amrisha Kumar & Prathamesh Dhake, University of Mumbai Thane Sub-Campus

Introduction:

Custodial violence has been a long-standing issue and a rising concern in India. Even after so many constitutional provisions and amendments, there is no impactful solution to this dilemma. Custodial Violence is a grave violation of human rights which is tarnishing the integrity of the criminal justice system of India. Custodial violence is characterized by physical, mental, psychological abuse, torture, rape, or even death of individuals in the custody of law enforcement agencies in India. According to the National Human Rights Commission, custodial deaths are the worst form of fundamental rights violations. In the landmark case of D.K Basu V/S State of West Bengal 1997 1, the highest body of justice, the Supreme Court, had clearly stated, “Custodial torture is a naked violation of human dignity”. Despite being completely outlawed underneath both National and International law, occurrence of Custodial Violence abides to be recounted and stated in the country.

Custodial Violence erodes public trust from law enforcements, irks the citizen of this country and dismantles the very soul of humanity. “The situation is aggravated when violence occurs within the four walls of a police station by those who are supposed to protect citizens” 2. Custodial Violence remains the common factor of deaths of prisoners in lock-ups. Acknowledging the facts and circumstances and vouching justice for the victims of Custodial Violence is pivotal for honouring the legal system and safeguarding the rights of citizens in India.