Custodial violence is a grave violation of human rights, undermining the rule of

law and public trust in institutions. Despite constitutional safeguards, its

persistence highlights systemic failures in accountability and justice.

t.me/UPSCcafenotes
Custodial violence t.me/UPSCcafenotes

Custodial violence reflects Challenges in addressing Measures to reform the justice delivery system Custodial violence
systemic failures in custodial violence erodes the rule of
accountability and justice 1 Strengthen police accountability mechanisms: law and
1 Opaque investigations: undermines public
1 Lack of police trust in governance.
Establish independent complaint
accountability: Comprehensive
Police often investigate their authorities to investigate custodial violence
reforms in
own personnel, leading to cases.
accountability,
Weak mechanisms to hold conflicts of interest.
legal safeguards,
law enforcement Eg: Adoption of Police Complaints and institutional
accountable for custodial Eg: CID’s delays in Authorities as recommended by the oversight are
deaths and torture. investigating custodial Second ARC. essential to
deaths reflect weak eliminate this
Eg: The 2021 NCRB report institutional mechanisms. 2 Ratify UNCAT and enact anti-torture menace and uphold
recorded 88 custodial legislation: the fundamental
deaths, but convictions 2 Lack of forensic rights guaranteed
remain negligible. infrastructure: by the Constitution.
Enact a comprehensive law against
torture to align with global standards.
2 Delays in justice
Poor-quality forensic reports
delivery:
hinder evidence collection Eg: Prevention of Torture Bill, 2017
and prosecution. must be revisited and enacted.
Prolonged investigations
and trials discourage Eg: Law Commission of 3 Improve forensic capacity:
accountability. India Report 2022
highlighted outdated
Modernize forensic labs and ensure
Eg: In the Suman Kale case, forensic labs across states.
timely collection and processing of
charges are yet to be framed
evidence.
17 years after the incident. 3 Weak implementation
of Supreme Court
Eg: Tamil Nadu’s integrated forensic
3 Inadequate legal directives:
labs model offers a best-practice
safeguards:
framework.
Guidelines from D.K. Basu
Existing laws criminalize vs State of West Bengal 4 Enhance NHRC powers:
torture but fail to address (1997) on arrest and
systemic enforcement gaps. custody procedures are
often ignored. Grant NHRC enforcement powers to
implement its recommendations effectively.
Eg: India has not ratified the
UN Convention Against Eg: Reports show custodial
Torture (UNCAT). deaths where no arrest Eg: A 2021 NHRC study highlighted the
records existed. need for punitive powers to curb non-
compliance by state agencies.
4 Limited oversight by
independent bodies: 4 Underreporting of cases:
5 Mandatory CCTV surveillance:

Agencies like NHRC lack Fear of retaliation and lack of

adequate powers to enforce awareness deter victims and Ensure 24/7 monitoring in police
their recommendations. families from filing stations and detention centers.
complaints.
Eg: NHRC reported over Eg: Supreme Court (2020) mandated
1,700 custodial deaths in Eg: A study by installation of CCTVs in police stations across
2022, but systemic reforms Commonwealth Human India.
are lacking. Rights Initiative (2023)
found that only 30% of 6 Training and sensitization:
5 Cultural and procedural custodial violence cases
biases: are formally reported. Conduct regular human rights training for
police personnel to eliminate custodial
5 Judicial delays: abuse.
Vulnerable groups, such as
marginalized communities,
are often disproportionately Overburdened courts and Eg: Maharashtra’s Police Training Institute
targeted. procedural inefficiencies incorporates human rights modules in its
lead to delays in justice. curriculum.
Eg: Denotified tribes like the
Pardhis are stigmatized as Eg: Over 4.7 crore cases 7 Fast-track custodial violence cases:
criminals despite legal were pending in Indian
denotification in 1952. courts as of November Set up dedicated fast-track courts for swift trial
2024 (NCRB). and resolution of custodial violence cases.

Eg: Gujarat’s Fast Track Court Model

has expedited sensitive criminal cases.

8 Community policing initiatives:

Engage civil society and communities

to bridge trust deficits and reduce
abuse.

Eg: Kerala’s Janamaithri Suraksha Project is an

effective example of community policing.
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