Custodial Violence in India with Reference to the Prevention of Torture Bill and International Legal Framework

Abstract

Torture in custody is a confession of failure to do justice. It is one of the worst crimes against humanity and a naked violation of human rights governed by the rule of law. It is the brink of disaster, specifically for the economically backward class and socially deprived section of the society. We claim ourselves as ‘Vishwa guru’ even though many instances of police savagery occur not because of individual aberration, but because of systematic compulsions. India is a member of the Convention against Torture but failed to give effects to its provisions. The cases of torture are rising at an unpredictable and unprecedented rate; it is raising so many burning questions about the quandary motive of the government to not take any appropriate steps towards protecting the rights of victims from inhuman torture. The researcher divided this paper into several parts as they attempt to study the International Convention on Torture with a detailed analysis and interpretation of the Prevention of Torture Bill 2010 and 2017 with a historical overview of torture in India in its first part, similarly, the second part focused on the infamous techniques used by the police authorities to torture the accused. A comparison study with other countries’ laws also focuses on landmark decisions by the respective Hon’ble courts. In the third part, the researcher dealt with the existing domestic legislation on inhuman and degrading treatment and ended with some short recommendations and a conclusion.