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Custodial Torture: An Outlawed Reality In India




Chirag Agarwal, BBA LL.B., Jindal Global Law School, Jindal Global University

Chaitanya Goel, BBA LL.B., Jindal Global Law School, Jindal Global University

ABSTRACT

The present article sheds light on the matter of custodial torture in India, underscoring the violation of fundamental human rights and the lack of comprehensive legal provisions to tackle the problem. The article delves into the definitions of torture and custody, as well as the constitutional, legislative, and judicial safeguards that protect the rights of individuals in custody. The article analyses global human rights frameworks and India's failure to ratify the Convention Against Torture. Moreover, the text highlights the issues prevalent in the current scenario, such as the lack of well-defined regulations against custodial torture and instances of police abuse of power. The article advocates for the implementation of specific legislation to address custodial torture and underscores the significance of upholding the dignity and rights of every person, regardless of their custody status.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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