Abstract

This paper investigates the widespread issue of custodial torture and human rights violations in India, delving into the systemic and institutional changes and shortcomings that sustain these abuses. Despite India’s international obligations, such as UNCAT, the country’s hesitance to ratify these treaties reveals deeper challenges in enforcing protective measures. The study highlights the roles of NHRC and SHRC, pointing out their limitations in combating torture, particularly, within marginalized communities such as SC, ST, and minority groups. Through various case studies, the research illustrates how systemic discrimination and inadequate accountability mechanisms hinder access to justice. By drawing on successful global practices, the paper offers specific recommendations for reform, emphasizing the necessity for legal, educational, and procedural changes to improve institutional accountability and safeguard human dignity within the Indian custodial system.

Introduction

Custodial fatalities pose a serious concern across the nation. Instances of violence during police custody often lead to the deaths of detainees. Many prisoners experience severe mistreatment at the hands of law enforcement, which can include torture and coercion, sometimes resulting in suicides. There is an urgent need for reforms within police administration, and the issue of custodial deaths continues to spark heated debate. These fatalities create a climate of fear among detainees, who suffer both physical and psychological abuse while in police custody. Custodial violence primarily encompasses violence occurring in both police and judicial custody. In a democratic country like India, which is governed by the rule of law, incidents of custodial violence raise significant alarms within society. Torture leaves deep, often irreparable scars on the spirit, creating wounds that yet challenging to heal. Arwounds20, 21, and 22 of the Indian Constitution provide specific rights to detainees or individuals in custody. The Supreme Court of India acknowledges certain rights intrinsic to Article 21, including protections against handcuffing, the right to a fair and speedy trial, and free legal assistance. The prevalence of custodial violence is causing widespread distress in society.

A crucial aspect of preventing torture lies in the effective investigation of torture allegations and the prosecution of those responsible. The low conviction rate of police personnel for the heinous crime of torture has only served to embolden more officers to inflict such abuses. Therefore, there is an urgent need to thoroughly examine and analyze the issue of custodial torture to enhance criminal jurisprudence and hold police officers accountable for their actions. Given the valuable role that health professionals can play in investigating human rights violations, particularly torture, the medical examination of such abuses becomes increasingly important. Considering a doctor’s ethical responsibilities, it is essential for them to safeguard individuals from such mistreatment through effective investigations and documentation, providing evidence of torture and ill-treatment to ensure that the perpetrators are held accountable for their actions.

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