INJUSTICE BEHIND BARS : UNVEILING THE ISSUE OF CUSTODIAL TORTURE IN INDIA

Abstract

Custodial violence and custodial deaths is not a new phenomenon. Despite several initiatives in recent years, torture and ill treatment continues to be endemic throughout India and continues to deny human dignity to thousands of individuals. The law in all countries authorises the police to use force under certain circumstances. This authority is in fact, basic to its role and cannot be questioned. It is a part of policeman’s legal mandate. But despite of the Constitutional guarantees, statutory protections and expanding human rights Jurisprudence securing the life and liberty of a human being, the custodial torture and custodial deaths are sti or ll rampantly happening. This paper analyses the Constitutional and legal framework, gaging the judicial trends and scouting the policy reforms necessary for strengthening the state accountability.