Police Torture & Human Rights

1. What is Custodial Violence?

When police, during investigation or custody,
beat, torture, or humiliate a person

This is called Custodial Violence

2. Examples (Can be used in exams)

George Floyd (USA) → death due to police violence
Sathankulam (Jeyaraj & Bennix)
Tortured by police
Human rights violation
Judicial intervention

This led to social awakening

3. Constitutional Rights

Article 21 – Right to Life
“Right to Life and Personal Liberty”
Right to live with human dignity

Custodial violence = Violation of Article 21

Article 20(3)
No person can be forced to testify against themselves

Obtaining confession through torture → Illegal

Article 22
Rights of arrested persons
Must be produced before a magistrate within 24 hours
Right to legal assistance

4. Judicial Guidelines

D.K. Basu Case (1997)
Guidelines for arrest and interrogation

Key points:
Arrest memo
Informing family members
Medical examination

5. Issues in India

In police stations:
Torture
Fake encounters
No separate Anti-Torture Law

This is a major drawback

6. Human Rights Institutions

National Human Rights Commission (NHRC) – 1993
Monitors police violence

7. Solutions

Enact Anti-Torture Law
Human rights training for police
CCTV in police stations
Social awareness
Judicial monitoring

8. Core Idea

Government = meant to protect

But:
If the system itself (police) violates rights
It becomes a threat to democracy

Key Points

Custodial violence = Human rights violation
Article 21 → Important
D.K. Basu (1997) → Landmark case
NHRC (1993) → Monitoring body
No Anti-Torture law in India

Conclusion

“Police exist for protection; if they become a source of fear, democracy itself is at risk.”