Custodial Torture: An Ever-Growing Trauma

Authors: Himanshi Yadav and Alice Rupansi, Students, Delhi Metropolitan Education, GGSIPU and Vivekananda Institute of Professional Studies, GGSIPU, India



Are we living in a civilized and democratic society? A question that is asked by every individual and which the authorities fail to answer. Even after years of Independence, we are still trapped in the vicious web of social injustice like torture or assault. Our Constitution guarantees that no person shall be deprived of his life or personal liberty except procedure established by law under Article 21 which itself provides the right to live with dignity and to be protected against social norms to every individual. Even after such constitutional rights people are facing tortures in police custody and the same has drawn the attention of the Media, Legislature, judicial activists and even the National Human Right Commission due to its growing propensity. Police are authorities who have the responsibility to maintain law and order and also with certain duties towards the people of the country. Thus, it is the duty of the Police to respect human freedom to gain public confidence and faith. Custodial torture, inhuman treatment, handcuffing prisoners and giving third-degree torture has seen to be a running practice by the Police Officials under their official duty which is sad to believe and such practices are against the norms of a civilized nation and are violative of the principle of rule of law and human dignity guaranteed by the Constitution.. The torture given to the prisoners in the custody is so brutal and unbearable that often prisoners have given their lives and fail to get speedy justice due to prevailing corruption. The victim waits for several years with a hope that justice would be given to him, while the perpetrator gets promoted. Hence, the very concept of justice is forfeited which leads to coming forward of various social activists and the crime is challenged globally. The law framers after experiencing the prevailing conditions of the prisoners have made certain provisions in the existing laws. But the situation is not much.

Keywords: Custodial Torture, Constitution, International Laws


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