A Social Legal Analysis Of Custodial Violence In India

Pranit Emmanuel Radcliffe, Christ (Deemed to be University), Bangalore

ABSTRACT

The primary objective of this research paper is to tackle the pressing and highly disturbing issue of custodial deaths and torture within police custody, highlighting it as an abuse of power by relevant authorities that seriously violates the human rights protected by various legal provisions. Despite India's commitment to the Convention against Torture, it has yet to enact domestic legislation to prevent and prohibit the use of torture against its citizens. This paper covers deplorable conditions in Indian prisons, instances of torture perpetrated by guards, and cases of torture committed by the police. Recent incidents have demonstrated that the absence of anti-torture legislation has made it more challenging to extradite criminals from other countries. The primary aim of this article is to create awareness about the impact of custodial deaths on human life in general and to emphasize that the right to life is a universal entitlement. The central purpose of this article is to assess recent instances of custodial deaths in India, examine the legal safeguards in place for custodial incidents, and delve into the Constitutional provisions and fundamental rights that pertain to custodial deaths in India.

Keywords: Torture, Custodial Violence, Convention Against Torture, Custodial Death.