Divya Dharshini P, B.Com LLB., (Hons.) & LLM Corporate and Commercial Law, Christ Deemed to be University, Bengaluru
ABSTRACT
The term custody is understood as being under ones’ protection and guardianship. This meaning is completely reversed when it comes to custody under a police officer. A death of prisoner during the custodial period is deemed as custodial death. The cause of death maybe of 2 common reasons, one is due to natural death or death due to health-related aspects and the second one, due to physical abuse, torture that is done by the police to the prisoners. The violence and torture done in custody by the police has been a persistent issue for a long period of time. And the numbers have increased more over the past years especially in various states of India. There were plenty custodial tortures and death that occurred during the global pandemic and let alone in 2019 there were 1731 custodial deaths witnessed. Although after each custodial death there is major controversies and oppositions from public but still this issue keeps happening, as there are at least five in India who die everyday in custody, either through natural death or incapacity to provide medical assistance or through such custodial torture. There are various Constitutional provisions that protects the rights of a prisoner and a person who is in custody and there are certain rights that are interpreted by the Hon’ble Supreme Court of India which will be dealt in detail in this paper and how these constitutional rights of the person are violated as well the infringement of basic human rights. This paper also intends to take an outline of famous case laws and also suggestions on how to get rid and stamp out this horrendous act from our society.
Keyword: Custodial death, Human rights violations, Constitutional rights for prisoners, Types of tortures, Santhankulam Case, Compensation, NHRC
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