Talluri Sai Sreekari, O.P Jindal Global Law School
ABSTRACT
Human rights are inalienable rights that are applicable to all humans without distinction. These rights are granted to us from the moment of our birth. By no means is the group of people charged with upholding social peace and order given the power to punish others through the use of cruel inhuman means. The 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the recognition of torture as an unalterable norm (jus cogens) highlights the vital role of these standards in addressing problems like police brutality and the mistreatment of people when incarcerated. While ratification of treaties is still optional, it frequently reflects a country's reluctance to commit to prohibiting torture and similar practices. The sexual, and mental abuse and torture during incarceration against these ethnic minorities is no exception to the basic rights. This paper sheds light on an area that is rarely discussed in India: the issue of police brutality, particularly when it impacts ethnic minorities. This paper focuses on India's shortcomings in the area of police protection against violence, particularly when it comes to racial and ethnic minorities. The second section of the paper analyses India's position regarding police brutality while illustrating the instances of physical and psychological abuse experienced by Adivasis. The third section of the paper analyses the international and national framework against torture and other forms of cruel, inhuman, or degrading punishment or treatment. Finally, the fourth section provides a practical approach to leverage the existing system, and accountability standards and enhance them in order to better protect these individuals from police brutality and misbehaviour.
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