Torture In Prison: The Dark Truth Of The Most Popular Rights

Nandini Bhatt, B.B.A. LL.B. (H.), Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

Hadiya Khan, Assistant Professor, Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

ABSTRACT

The article talks about the police torture in police custody, and it suggests the reasons for its prevailing in police departments of various countries, and also suggests the legal frameworks by which it can be eradicated. The nature of torture is explained as an act of severe mental or physical suffering deliberately involving in order to bring out the affected person information or a confession, which is inadmissible in any court of law. There are many international treaties that sanction a strict zero-tolerance towards torture, like the Convention Against Torture; the most famous is the United Nations Convention Against Torture, which is accepted and ratified 157 countries in the world, including India. Domestically, torture is addressed by several sections of the Indian Penal Code, rather than anti-torture legislation. Such legislation has been suggested and remains legislative to this day. Guidelines for guarding against custody abuse were laid down by the Supreme Court of India, but in reality states have been inconsistent in enforcing them. ‘The judiciary has a crucial role to prepare legal reforms and civil society propositions on active involvement to prevent torture,’ the document emphasises. Moreover, the article likewise recognises the particular vulnerabilities of women detained and incarcerated, and insists that appropriate measures be in place to protect them against gender-based violence: robust training; clear accountability structures; effective safeguards such as body cams and the like. In general, the discourse points a way forward to holistic reform – and active enforcement, both to close the gap between law and practice and to secure human dignity and rights in the process.

Keywords: Torture, Police Detention, Prisoners, reasons for Torture.