Right Against Custodial Violence

Vani Khandelwal, Vansika Chandarana & Meet Shah, Symbiosis Law School, Nagpur

ABSTRACT

The paper is on the Right Against Custodial Violence. In India, prisoner abuse has resulted in numerous fatalities as well as assault, both mental and physical.

The history of custodial violence in ancient India serves as the paper's introduction. Beginning with the origin of police custody and then continuing to the Buddhist era, the Gupta and Maratha empires, and finally British administration, it details the tortures that prisoners underwent.

Thereafter, provisions regarding custodial violence are stated. The many provisions that safeguard convicts' rights are covered in this section, which includes the Indian Constitution, which has recognised the rights and dignity that convicts have as citizens.

Recognition of custodial violence has been stated with the help of various landmark judgements of the Indian courts.

Custodial Violence has then been classified into various types. The types include psychological violence, sexual assault and physical assault as well.

We have to know what are the causes which actually lead to custodial violence which is stated after. This can give the reader an insight as to what issues lead to such violence.

The paper mainly highlights the criticisms supported with various reports and analysis in relation to death due to custodial violence which is a crucial aspect of the paper.

It also identifies the requirement in change of reforms with respect to custodial violence and the authors have described the necessary changes which needs to be taken and why so as to reduce custodial violence as much as possible.

Lastly, the paper ends with the opinions of the authors on the topic.

Keywords: Custodial violence, need for a right, types, causes, criticisms, need for reforms, recommended changes