Torture in Police Custody Continues to Plague India’s Justice System

PWOnlyIAS

April 04, 2025

Torture in Police Custody Continues to Plague India’s Justice System

Recently, Common Cause, in collaboration with the Lokniti Programme of CSDS, released a report analyzing police violence and torture in India.

  • The study is based on interactions with 8,276 police personnel across 17 states and union territories.
  • It examines the nature, causes, and factors contributing to police brutality in India.

Custodial Torture in India

  • Torture Definition: UN Convention Against Torture (UNCAT) (1984) defines torture as intentional infliction of severe physical or mental pain to extract information, punish, intimidate, or discriminate. 
    • When carried out by public officials or with their consent, it is considered torture.
  • India’s Legal standing: India signed UNCAT in 1997 but has not ratified it, meaning it is not legally bound to implement its provisions.

Key Findings from the Report

  • Tough Methods:  55% of police personnel believe it is important to use “tough methods” to instill fear among the public 20% consider it “very important” and 35% consider it “somewhat important.” The definition of “tough methods” is vague, and the report does not clarify when they cross the line into torture.
  • Justification of Mob Violence: 25% of police personnel justify mob violence in cases of sexual harassment and child lifting. This indicates that some police tolerate vigilante justice, allowing mobs to act as judge, jury, and executioner.
  • Views on Encounter Killings: 22% of police personnel believe that killing “dangerous criminals” is better than a legal trial. However, 74% support proper legal procedures, stating that all criminals, regardless of their crime, should be caught and given a fair trial.
  • Adherence to Arrest Procedures: 41% of police personnel say arrest procedures are “always” followed. 24% admit that procedures are “rarely or never” followed.
    Kerala reported the highest compliance with 94% police personnel stating procedures are “always” followed.
  • Third-Degree Methods:  30% of police personnel justify the use of third-degree methods in serious criminal cases. Shockingly, 9% support third-degree methods even in petty offenses.
  • Victims of Police Torture: Torture disproportionately affects marginalized communities, including Adivasis, Dalits, Muslims, Illiterate individuals and slum dwellers.
  • Discrepancies: The report highlights discrepancies in custodial death figures provided by different agencies. Different agencies report varying figures for custodial deaths in 2020:
    • NCRB: 76 cases
    • NHRC: 70 cases
    • NCAT (civil society initiative): 111 cases
    • Zero convictions were recorded for custodial deaths between 2018-22, raising serious concerns about accountability.
  • Police Support:  79% of police personnel support training in human rights. 71% advocate for torture prevention measures. 79% support evidence-based interrogation techniques, which could reduce reliance on coercion.

Issues Associated with Custodial Torture

  • Judicial Shortcoming: Magistrates rarely interact with arrested persons, failing to ensure legal safeguards. One lawyer described magistrates as “silent spectators”, not inquiring about arrests or possible torture.
  • Medical Shortcomings: Medical examinations of detainees are often conducted by doctors without forensic expertise, leading to flawed assessments. Instances of eye specialists and anesthesiologists conducting these examinations were reported.
  • Institutional Failures: Police are the main perpetrators of torture. Magistrates contribute by remaining passive in cases of custodial violence. Doctors fail to properly assess injuries, limiting legal evidence of torture.
  • Criticism of NHRC: NHRC has been criticized for not defining torture clearly and displaying a “biased attitude” towards victims of torture.
    The report does not explore the factors driving police torture, but key reasons include:
  • Causes of Torture: Colonial-era police culture, which prioritizes control over justice. Lack of accountability, allowing police impunity. Political and senior officer pressure for quick results
    • Inadequate police training, leading to reliance on violent methods. Public support for extrajudicial methods, due to slow legal processes.

Torture Across the World

  • USA: Guantanamo Bay’s inhumane interrogation methods.
  • Iraq: Abu Ghraib prison‘s brutal treatment of detainees.
  • Russia, China, and Pakistan: Widespread use of state-sponsored torture.

Way Forward

  • Inadmissibility: Judges and lawyers agree that confessions to police should remain inadmissible in court. However, past committees have suggested reforms:
  • Malimath Committee (2003): Proposed that confessions made before a Superintendent of Police (SP) or higher be admissible, with safeguards.
  • Law Commission of India (69th Report, 1977): Suggested introducing Section 26A in the Indian Evidence Act to allow confessions before senior police officers.
  • Enactment of a Law: India must enact a dedicated anti-torture law.
  • Ratifying: Ratify the UN Convention Against Torture (UNCAT) to legally commit to ending torture.
  • Independence of Police: Ensure police independence from political pressure, as mandated by the Supreme Court.
  • Strengthening Human Rights: Strengthen human rights training and forensic medical evaluations.

Conclusion

Torture must never be justified under any circumstances. Implementing reforms and legal safeguards will help transform the police into a humane, professional force. Upholding the rule of law and human rights will ultimately strengthen public trust in law enforcement.

Mains Practice

Q. In light of the findings of the Common Cause-CSDS report, discuss the significance of ratifying UNCAT. Do you think domestic legal provisions are sufficient to prevent custodial torture in the absence of a dedicated anti-torture law? (15 Marks, 250 Words)

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
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