Supreme Court Reassesses Custodial Torture in India
Key Points
Supreme Court Reassesses Custodial Torture in India: The Supreme Court's recent focus on custodial violence underscores the urgent need for reform in law enforcement practices. This issue is crucial for UPSC aspirants, particularly in GS Paper 2 and GS Paper 3, as it relates to governance, constitutional provisions, and human rights. Last Updated: 2025-11-27
Key Facts About Custodial Torture
- Custodial violence includes physical and psychological harm in police or judicial custody.
- Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), custody types are police (up to 15 days) and judicial (until bail or sentence completion).
- Historical context shows custodial violence has roots in ancient, medieval, and colonial India.
- Post-independence, custodial violence persists due to outdated laws and weak accountability.
- Article 21 guarantees the right to life, including freedom from torture.
- The Bharatiya Nyaya Sanhita penalizes harm inflicted for confessions.
- International safeguards include the UN Charter and Universal Declaration of Human Rights.
- Law Commission urges ratification of UNCAT and an anti-torture law.
India's Human Rights Challenges
The issue of custodial torture is a significant human rights challenge for India, impacting its international reputation and internal governance. Addressing this is crucial for achieving India's strategic goal of becoming a global leader in human rights. The Supreme Court's involvement highlights the need for systemic reforms to align with international human rights standards, as outlined in the Universal Declaration of Human Rights. India's rank in global human rights indices could improve with effective measures against custodial violence.
Related Government Schemes/Policies
- Bharatiya Nagarik Suraksha Sanhita (BNSS): Defines types of custody and aims to regulate detention practices.
- Bharatiya Nyaya Sanhita: Penalizes custodial violence to protect human rights.
UPSC Relevance
- GS Paper 2: Governance, Constitution, Polity, Social Justice - Human Rights issues.
- GS Paper 3: Security - Internal security challenges and reforms.
- Prelims Angle: Questions on constitutional provisions like Article 21, international treaties like UNCAT.
- Mains Angle: Essays on human rights, governance reforms, and judicial accountability.
FAQ Section
- What is custodial torture? Custodial torture refers to physical or psychological harm inflicted on individuals in police or judicial custody, violating their human rights.
- Why is custodial torture important? It is a critical human rights issue that undermines the rule of law and India's constitutional commitment to protect life and dignity under Article 21.
- What are the key features of the Bharatiya Nagarik Suraksha Sanhita (BNSS)? The BNSS defines custody types and aims to regulate detention practices, ensuring accountability and transparency in law enforcement.
Detailed Coverage
- Custodial violence includes physical and psychological harm in police or judicial custody.
- Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), custody types are police (up to 15 days) and judicial (until bail or sentence completion).
- Historical context shows custodial violence has roots in ancient, medieval, and colonial India.
- Post-independence, custodial violence persists due to outdated laws and weak accountability.
- Article 21 guarantees the right to life, including freedom from torture.
- The Bharatiya Nyaya Sanhita penalizes harm inflicted for confessions.
- International safeguards include the UN Charter and Universal Declaration of Human Rights.
- Law Commission urges ratification of UNCAT and an anti-torture law.
- The Supreme Court has set guidelines to prevent custodial torture.
- Challenges include weak legal frameworks and colonial policing culture.
- Delayed justice and poor accountability hinder progress against custodial violence.
- Measures suggested include defining custodial violence and enhancing transparency through technology.
- Improving professional capacity and strengthening human rights institutions are essential.
- Public awareness and legal literacy can foster accountability.
- Immediate reforms are necessary to uphold human dignity and constitutional rights.
- The Supreme Court's revisit of this issue highlights alarming custodial death statistics.