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Custodial Violence – A Mockery on Human Rights
Subject area: Arts, Social Sciences and Humanities · Area of research: Human Rights Law
Abstract
In India, custodial violence is become a phenomenon since India’s rule at the hands of British. It is a one of the greatest violation of human rights in a democratic society. It exposing the deep structural flaws with in the police and criminal justice administration. The constitution of India providing basic fundamental rights to every individuals in custody through articles 14, 20, 21 and 22 of constitution of India, along with statutory safeguards embedded in the old criminal laws and new criminal laws, and the protection of Human rights Act. It is the part of customary international law. However, India is the party of the convention against Torture. But it is yet to enact any municipal law protecting and preventing its citizens from custodial death and torture. The evolution of anti-torture legislation in India, focusing on the prevention of Torture Bills from 2010 to 2023, which reflect India’s efforts to address custodial torture, custodial death offer victim compensation and safeguards human rights. This research study analyses the custodial death and torture through multi-dimensional way – its meaning, causes, historical background, constitutional and legislative mechanism, statutory provisions, international human rights obligations, and the critics of NHRC and SHRC. It also evaluates the major court judgments by the Supreme court and High courts that have shaped jurisprudence on police brutality and state accountability.
Keywords
custodial violence; death; police brutality; torture; UNCAT
References
[1] Amnesty International (1992). India: Torture, Rape and Deaths in Custody. London: Amnesty International.
[2] Bayley DH (1969). The Police and Political Development in India. Princeton: Princeton University Press.
[3] Bureau of Police Research and Development (1993). Custodial Crimes: Ways and Means to Meet the Malady. New Delhi: BPR&D, Government of India.
[4] Human Rights Watch (2016). Stifling Dissent: The Criminalization of Peaceful Expression in India. New York: Human Rights Watch.
[5] Jain MP. Indian Constitutional Law. 9th ed.
[6] Kannabiran KG (1992). Creeping decay in institutions of democracy. Economic and Political Weekly, August 1992.
[7] Lal B (2012). The Law of Evidence. Central Law Agency; p. 57.
[8] Law Commission of India. The Law on Criminal Defamation. Report No. 285. 22nd Law Commission of India.
[9] Mishra SN (2012). The Code of Criminal Procedure. Central Law Agency; pp. 50–58.
[10] Rajan VN, Gaur KD (2022). Criminal Law: Cases and Materials. 10th ed.
[11] Sahay (1993). Report on custodial crimes. The Hindustan Times, 8 October 1993.
[12] Saksena NS (1993). Custodial deaths. The Telegraph, 15 October 1993.
[13] Singh KM (1993). Report on custodial deaths for Parliament. The Hindu, 25 September 1993.
[14] Vadackumchery J (1994). Custodial violence and death: problems and prevention. Paper presented at the Symposium of the Indian Society of Victimology, Madras.
How to cite this paper
@article{1724597,
author = {Vignesh M.},
title = {Custodial Violence – A Mockery on Human Rights},
journal = {Iconic Research And Engineering Journals},
year = {2026},
volume = {10},
number = {5},
pages = {437-451},
issn = {2456-8880},
url = {https://www.irejournals.com/formatedpaper/1724597.pdf},
abstract = {In India, custodial violence is become a phenomenon since India’s rule at the hands of British. It is a one of the greatest violation of human rights in a democratic society. It exposing the deep structural flaws with in the police and criminal justice administration. The constitution of India providing basic fundamental rights to every individuals in custody through articles 14, 20, 21 and 22 of constitution of India, along with statutory safeguards embedded in the old criminal laws and new criminal laws, and the protection of Human rights Act. It is the part of customary international law. However, India is the party of the convention against Torture. But it is yet to enact any municipal law protecting and preventing its citizens from custodial death and torture. The evolution of anti-torture legislation in India, focusing on the prevention of Torture Bills from 2010 to 2023, which reflect India’s efforts to address custodial torture, custodial death offer victim compensation and safeguards human rights. This research study analyses the custodial death and torture through multi-dimensional way – its meaning, causes, historical background, constitutional and legislative mechanism, statutory provisions, international human rights obligations, and the critics of NHRC and SHRC. It also evaluates the major court judgments by the Supreme court and High courts that have shaped jurisprudence on police brutality and state accountability.},
keywords = {custodial violence; death; police brutality; torture; UNCAT},
month = {November},
}