Abstract

Public Interest Litigation on custodial crimes or torture in recent times has increased rapidly in India. Due to the rising cases of custodial crimes despite of the fact that our constitution gives everyone equal rights still there is violation of prisoner’s basic Human rights. Research has shown that each day 5 custodial death occurs in India and there is urgent need to make stricter law and harsh punishment against those found guilty this was one the argument raised in one of the PIL filed against custodial torture in Supreme court after custodial death of father and son in Tamil Nadu’s Thoothukudi district. The aim of my research project is to determine How PIL can help in enforcing a human right of individual whose right is violated and can it help in making law or giving stricter Guidelines. Based on a review of literature on PIL on Custodial Torture and importance of UNCAT (United Nation Convention Against Torture) and reading some article on PIL on custodial crimes and its importance moreover referring to some of SC Judgements on PIL in recent times. Analysis of material used for research demonstrated that PIL has emerged as a great tool to solution to problems and to address it to SC and moreover how rise in custodial crimes can be minimized. The result indicated that PIL has emerged as tool to make Human Rights reach those who have denied rights. It democratizes the access of justice to all. On this basis it is recommended that PIL should be used to help develop law by giving judges the opportunity to interpret legislation. Further research is needed to identify the factors that could strengthen and widen the scope of PIL in India.

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