Custodial Torture and India: Legislative and Judicial Approach

All civilised countries recognise and agree that torture is illegal and a crime against humanity. It now forms a part of international customary law. India is a signatory to the Convention against Torture, however it has not yet passed any local legislation to safeguard and prohibit the use of torture against its citizens. Dehumanizing jail conditions in India, torture committed by guards, and torture committed by police are all topics covered in this paper. Recent events have shown that the lack of a legislation against torture has made it more difficult to extradite criminals from other countries. There is a thorough examination of the global viewpoint and a comparative analysis of numerous jurisdictions where the ban on torture is already a part of local legislation. Additionally, it covers the Indian Supreme Court's stance on torture. The purpose of this study is to highlight the relevance and urgency of India's anti-torture legislation. The rule against torture is a crucial prerequisite for upholding the constitutional culture, which is primarily intended to protect people's rights to dignity. The prohibition against torture must be a part of domestic law, according to international standards. Last but not least, the conclusion and recommendations made in the paper make it clear that the paper supports separate legislation on torture.