In The Name Of Justice: A Critical Examination Of Custodial Torture And Police Accountability In India
- IJLLR Journal
- 1 day ago
- 2 min read
Sudhanshu R. Kamble, Assistant Professor, Department of Law, Savitribai Phule Pune University
ABSTRACT
Custodial torture remains one of the most appalling violations of human rights in India, deeply embedded within the institutional structure and operational culture of the police system. This paper explores the complex socio-institutional dynamics that perpetuate the practice of torture by focusing on the internal perspective of law enforcement. It examines how hierarchical pressures, performance-driven policing, inadequate training, and political interference contribute to a culture where torture is normalized as a tool of expedience. Drawing upon insights from police officers, judicial pronouncements, and contemporary research the paper highlights how institutional dysfunction, rather than individual deviance, often drives custodial abuse.
Further, it analyses the shortcomings in police training, accountability mechanisms, and working conditions that foster an environment where human rights violations can occur with impunity. The paper argues for comprehensive reform, including the modernisation of training and education, improved working conditions, and strengthened judicial oversight. A key recommendation is the enactment of a specific anti-torture law in alignment with the United Nations Convention Against Torture (UNCAT), which India has signed but not yet ratified. Such legislation would provide a robust legal framework to deter custodial violence and ensure accountability.
Through a synthesis of analysis of the ‘Status of Policing in India Report 2025’, this research emphasizes the urgent need to transform policing culture from one rooted in coercion to one anchored in professionalism, legality, and human dignity. By addressing both systemic flaws and individual accountability, the paper offers a roadmap toward eliminating custodial torture and rebuilding public trust in law enforcement institutions. It concludes that only through a committed and multi-dimensional reform agenda can the Indian state uphold its constitutional promise of justice and safeguard the fundamental rights of its citizens.
