Custodial abuse laws in India : Protecting the Human Rights

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 "Custodial violence is indeed a harsh reality in India, and it's a reflection of the systemic failure of the country's criminal justice system " , as pointed out by Justice A.K. Ganguly, former Supreme Court Judge. This issue has been a long-standing concern, with numerous cases of police brutality, torture, and human rights violations reported across the country.

Recently, the issue came into the picture when the fiancée of an Army officer alleged sexual assault at a police station in Bhubaneswar, and recounted that she was beaten up, choked, stripped, stamped on her chest and pulled by her hair by police officers. I wonder the number of cases that would have gone unreported and the silent violence behind the bars.

India does not have a separate law on torture. It has signed the UN Convention Against and Other Cruel, Inhuman or Degrading Treatment or Punishment, but not ratified the same into domestic law. There was an attempt to ratify this Convention in 2010 by way of the Prevention of Torture Bill, 2010, but this Bill lapsed on account of the Parliament being dissolved. Alternatively, there are certain penal provisions and procedural safeguards provided in the Indian Penal Code and the Criminal Procedure Code that deal with instances of torture. Indian Courts have also on occasion provided guidelines that are aimed at preventing custodial violence.
 
According to the National Human Rights Commission (NHRC), there were 914 deaths in police and judicial custody in 2020 alone. This staggering number highlights the gravity of the problem.

Custodial violence can take many forms, including:

- Physical Torture: Beatings, injuries, and other forms of physical harm inflicted on individuals in custody ².
- Psychological Torture: Verbal abuse, threats, and humiliation used to break the mental resilience of detainees.
- Custodial Deaths: Deaths occurring in police or judicial custody, often due to torture, negligence, or poor conditions .

To combat custodial violence, the Indian government has established guidelines and laws, such as:

- Supreme Court Guidelines: Issued to prevent unnecessary arrests and detention by police officers and magistrates .
-National Human Rights Commission (NHRC): Monitors and investigates human rights abuses, including custodial violence .
- Law Commission of India Reports: Recommends reforms to address custodial crimes and improve the justice system .

Challenges and Recommendations
1. Implementation: Effective implementation of laws and guidelines.
2. Accountability: Strengthening accountability mechanisms.
3. Training: Regular training for police personnel.
4. Independent Investigations: Ensuring impartial investigations.
5. Public awareness: Educating citizens about their rights.

Custodial abuse laws in India aim to protect human rights and prevent misconduct. Effective implementation, accountability, and public awareness are crucial. By strengthening these laws and guidelines, India can ensure justice and dignity for all.Despite these efforts, more needs to be done to eradicate custodial violence and ensure justice for all Indians.

~ Maithili Siddharth 
  ( Content Associate)

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