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The Theatrics And Spectatorship Of Justice - Custodial Violence And The Rights Of Arrested Persons In India




Shivatmika Prasad, BITS Law School


I. ABSTRACT


Beyond the reports of torture, mistreatment and disappearances within custody, a staggering number of 4,448 cases of custodial deaths were reported in India between 2020-20221. This is exactly what constitutes the paradox of Indian justice systems. While the constitution guarantees implementation of limited rights to arrested persons, the reality of custodial violence reveals otherwise. Within this context thus, justice becomes theatric. It becomes a spectacle for viewership and a means by which the state asserts moral superiority and exercises power, at the cost of violation of fundamental rights of its citizens. The backstage story of these custodial institutions reveal systematic normalization of violence at the hands of the state where theatrics and spectatorship of justice manifest its ways into courtrooms, media trials and surveillance by the state, turning punishment into a performance and violence into a spectacle.


This essay argues that custodial violence is the foundational basis of the performative form of justice that exists in India.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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