Paper Contents
Abstract
Custodial violence, including torture, inhuman treatment, and custodial deaths, remains one of the gravest human rights concerns in India. Despite being a democratic country with a robust constitutional framework guaranteeing personal liberty and dignity, instances of abuse by law enforcement agencies continue to emerge across various states. This report provides a comprehensive analysis of the legal, institutional, and cultural dimensions of custodial violence in India and evaluates its compliance with human rights norms.The study begins with an exploration of the historical context and socio-political background that has contributed to the normalization of violence within custody. It examines the constitutional provisions under Articles 21 and 22, along with statutory safeguards under the Indian Penal Code and the Code of Criminal Procedure. Despite the presence of laws and Supreme Court guidelinesmost notably the D.K. Basu caseimplementation remains weak due to institutional apathy, lack of accountability, and political inertia.The report compares India's legal and judicial mechanisms with those of the United Kingdom and the United States. It reveals that while all three nations possess legal frameworks to prevent custodial abuse, India's enforcement is disproportionately inadequate. Independent oversight, as seen in the UKs IOPC or the DOJs Civil Rights Division in the US, is largely missing in the Indian context.
Copyright
Copyright © 2025 Hari Abishek. P . This is an open access article distributed under the Creative Commons Attribution License.
