Introduction:
Custodial violence, including torture, assault, and deaths in police or judicial custody, remains a serious challenge to the rule of law in India despite strong constitutional guarantees under Articles 20, 21, and 22 and various judicial safeguards. It reflects a gap between legal provisions and their effective implementation, thereby eroding public trust in the justice system.
Causes of Custodial Violence:
- Weak enforcement of laws and guidelines such as D.K. Basu guidelines and provisions under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 leads to impunity.
- Lack of police accountability due to political interference and absence of independent oversight mechanisms.
- Institutional pressure on police to secure quick confessions and maintain high conviction rates encourages coercive methods.
- Poor training and colonial policing mindset focusing on force rather than rights-based investigation.Inadequate infrastructure such as overcrowded prisons and lack of surveillance systems like CCTV cameras.
- Socio-economic vulnerability of victims (poor, marginalized communities) who lack access to legal remedies.
Measures to Address Custodial Violence:
- Strict implementation of Supreme Court guidelines (D.K. Basu case) and mandatory installation of CCTV cameras in police stations and prisons.
- Enactment of a comprehensive anti-torture law and ratification of the UN Convention Against Torture (UNCAT).
- Police reforms including separation of investigation from law-and-order functions and establishment of independent Police Complaints Authorities.
- Capacity building through human rights training and use of scientific investigation techniques instead of third-degree methods.
Conclusion:
Custodial violence persists not due to lack of laws but due to systemic weaknesses in enforcement and accountability. A combination of legal reforms, institutional restructuring, and attitudinal change is essential to uphold human dignity and strengthen the rule of law in India.
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