Understanding Custodial Violence In India: A Critical Analysis

Riya, Mody University of Science and Technology, Laxmangarh (Sikar),

Dr. Nitu Nawal, Mody University of Science and Technology, Laxmangarh (Sikar)

ABSTRACT

Custodial violence, a grave human rights violation, continues to be a pressing issue in India, despite legal safeguards and international conventions. This abstract seeks to provide a concise overview of custodial violence in India, its causes, manifestations, and the challenges in combating it.

Custodial violence encompasses various forms of abuse, including torture, rape, and extrajudicial killings, perpetrated by law enforcement officials while in custody. Despite constitutional protections and judicial directives, incidents of custodial violence persist due to factors such as systemic failures, lack of accountability, and cultural attitudes towards law enforcement.

The root causes of custodial violence in India are multifaceted, including institutional deficiencies, political interference, and societal biases. Police brutality often stems from a lack of adequate training, excessive workload, and the pressure to produce results in a flawed criminal justice system. Additionally, entrenched societal hierarchies and prejudices exacerbate the vulnerability of marginalized communities, who are disproportionately targeted by custodial violence.

Efforts to address custodial violence in India face significant challenges, including the reluctance of authorities to prosecute offenders, the prevalence of impunity, and the absence of independent oversight mechanisms. Despite legislative frameworks such as the Protection of Human Rights Act and guidelines laid down by the Supreme Court, implementation remains inadequate, leading to a culture of impunity.

Addressing custodial violence requires a holistic approach that encompasses legal reforms, institutional accountability, and societal awareness. Strengthening oversight mechanisms, enhancing police training on human rights, and fostering community-police relations are essential steps towards preventing custodial violence.