Torture Behind Bars: A Legal And Institutional Critique Of Custodial Violence In India
- IJLLR Journal
- 10 minutes ago
- 1 min read
Juveriya Kazmi, LLM, NIMS University, Jaipur, Rajasthan.
Naman Srivastava, LLM, NIMS University, Jaipur, Rajasthan.
ABSTRACT
Custodial torture remains one of the gravest human rights abuses in modern democracies, particularly in countries like India where the constitution guarantees equality and dignity. Despite court judgments and legal protection, instances of custodial abuse from physical assault to death continue to happen, reflecting systemic weaknesses and a culture of impunity. The following paper uses doctrinal and analytical method in order to critically asses the constitutional, legal and judicial frameworks which governs the prohibition and prevention of custodial torture in India. This paper also compares and contrasts with the major international human right standards such as the one prescribed by the United Nations Convention Against Torture (UNCAT), to explore India’s compliance as well as deficiencies. The paper aims to analyse and scrutinize significant court rulings that have influenced custodial violence and human rights protection. It also examines the shortcomings of enforcing the existing laws and emphasises on the lack of proper statutory framework regarding torture. This research critically analyzes the defects in the areas of institutional accountability, lack of independent investigation agency and improper enforcement of the anti-torture laws. Lastly, this paper proposes the need for structural reforms, sensitization of judiciary, transparency of the administration and policy level intervention to ensure that India’s criminal justice system complies with its constitutional aspiration as well as international human rights standards.
Keywords: Custodial Torture, Human Rights, Police Custody, Constitution, Torture Victim, Article 21, India, Accountability
