The Police Accountability And The Human Rights Issues Of Custodial Violence In India: A Critical Study
Diksha Thapa, Cooch Behar Panchanan Barma University.
ABSTRACT
As mentioned by Justice N V Ramana that the menace to individual rights is high in law enforcement stations.1In accordance with the Indian Constitution, states are in responsible for managing police. To uphold and preserve the law, inquiring into crimes and safeguarding the safety of the public are the primary responsibilities of law enforcement agencies. A system of internal and external checks and equilibrium planned to make certain the police personnel behave effectively is collectively referred to as police accountability. However, in present environment, police are more accountable to the ruling political party (such as ministers) than civilians which results in infringement of individual rights. The word custodial violence refers to police violence against a person, such as torture, death, rape, heavy beating, third-degree torture, and so on. A serious issue in our nation is the abuse of the law enforcement’s authority and incarceration violence. Human dignity is severely breached and human values suffer as a result, generating major issues with infringements of human rights.
The current research work is split up into multiple chapters, Chapter I contain the introduction of the topic and Chapter II addressing the historical context and the factors behind the custodial brutality in India. Chapter III deals with the National legal framework and highlights the different rights that are accessible to the victims of custodial violence. Chapter IV will highlight the role of courts for the protection of incarceration violence and the abuse of law enforcement authorities in India. At the end, by figuring out the gaps, this research aims to offer methods for addressing those gaps.
