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Custodial Torture In India

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Custodial torture and abuse of power of law by the enforcing machineries like police is not only peculiar but it is widespread in this democratic country. It has been the concern of international community as the problem is universal and challenge is almost global. The Article 5 of the Universal declaration of Human Rights, 1948 clearly states that "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment". Further, Article 7 of the International Covenant on Civil and Political Rights, 1966 also states in a similar way. India has already ratified the aforesaid declaration and covenant. Despite such ratification, the custodial crime continues unabated. In all custodial crimes what is of real importance is not only infliction of body pain but the mental agony which a person undergoes within the four walls of police lock-up.
The word “custodial torture” is not defined any procedure laws nor in substantive laws. But this word is associated with two words that is “custody” and “torture”. As per the dictionary the meaning of word “custody” is the protective care or guardianship of someone. And in case of police custody, arrest, detention and imprisonment is also called …show more content…

Basu judgement, the Hon'ble Supreme Court of India held that custodial death is perhaps one of the worst crimes in a civilized society governed by the rule of law. During 2010-2011, the highest number of death in police custody was reported from Maharashtra a number of cases the police claimed that the accused committed suicide in police detention. However, the mystery over as to what had led them to take the extreme act and how they commit suicide with strange objects like shoe laces, blankets, jeans, etc are never answered.A large number of victims who are hale and healthy prior to their arrest suddenly develop medical complications once they are taken into custody and die in police custody. In reality, the victims are subjected to torture and

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