Custodial Violence in India

  • Syed Asfar Alam
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  • Syed Asfar Alam

    LL.M. student at Chanakya National Law University, Patna, India

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Abstract

Custodial Violence in India has significant implications for the criminal justice system. It erodes public trust, undermines the rule of law, and hampers the system’s credibility. This critical study would likely delve into cases, legal reforms, and the need for accountability to address this issue effectively. The term ‘custodial violence’ includes all types of physical and mental torture inflicted upon a person in police custody. It is a crime against humanity and naked violation of human rights. The practice of custodial violence in the developing countries like India, is however, more difficult and complex. A large number of cases of police brutality take place not because of individual aberration, but because of systematic compulsions. Today custodial violence has emerged as a major issue of human rights concern and one of the root obstacles to democracy and development of human well-being in contemporary world. It has devastating effects on physical and mental health as well as social functioning of the individuals, their children, families, communities and society at large. The practice of custodial violence in the developing countries like India is, however, more difficult and complex. A large number of cases of police and other governmental agencies’ brutality take place not because of individual aberrations, but because of systematic compulsions. The practice is more widespread and has gone unchecked because of tacit support of senior police officials, bureaucrats, politicians and judiciary. The fact is that the practice also enjoys the support of a large section of the public in the mistaken belief that it is necessary for effective maintenance of law and order.

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International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 1268 - 1282

DOI: https://doij.org/10.10000/IJLMH.117188

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