Syllabus: Indian Constitution — historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Meaning and Nature
- Custodial torture refers to physical or mental suffering inflicted on detainees by police or other authorities.
- It violates human dignity, often resulting in custodial deaths.
- Physical torture includes beatings, electric shocks, suffocation, sexual violence, stress positions and denial of medical care.
- Psychological torture involves threats, humiliation, sleep deprivation, solitary confinement and mock executions.
- Torture is frequently used to coerce confessions under extreme pressure.
Extent in India
- 2016–22: India reported 11,656 custodial deaths, with Tamil Nadu recording 490 and Uttar Pradesh 2,630.
- Tamil Nadu accounted for 50% of preventive detentions in 2022 (2,129 cases).
- SCs faced disproportionate impact, forming 38.5% of detainees despite being 20% of the population.
Constitutional and Legal Safeguards
- Constitution
- Article 14: Equality before law; state agencies not above law.
- Article 21: Protects life and liberty; prohibits cruel or degrading treatment.
- Article 20(1): No retrospective punishment.
- Article 20(3): Protection from self-incrimination.
- Statutory Provisions
- BNS Section 120: Punishes violence used to extract confessions.
- BNSS Section 35: Mandates lawful and justified arrests.
- BSA Section 22: Rejects confessions obtained through coercion.
- International Norms
- UN Charter (1945): Mandates humane treatment.
- UDHR (1948): Prohibits torture and enforced disappearances.
- India signed but has not ratified United Nations Convention Against Torture (UNCAT) (1984).
Challenges
- No standalone anti-torture law despite UNCAT signing.
- Impunity: Zero convictions in 345 judicial inquiries (2017–22).
- Weak institutions: NHRC/SHRCs lack binding authority; overcrowded prisons and inadequate police complaints mechanisms.
- Victim fear and poor protection, especially among marginalized groups.
- Judicial delays and poor compliance with D.K. Basu Guidelines.
Key Recommendations
- Law Commission (273rd Report): Ratify UNCAT; enact a dedicated Prevention of Torture law.
- Judicial rulings:
- DK Basu (1997): Mandatory safeguards during arrest and interrogation.
- Ram Sagar Yadav (1985): Burden of proof shifts to accused officer.
- Nambi Narayanan (2018): Recognised severe psychological harm.
- NHRC: Mandatory reporting within 24 hours; non-compliance implies suppression.
Way Forward
- Enact stringent anti-torture legislation with compensation mechanisms.
- Strengthen institutional accountability and specialised investigation units.
- Reform policing, separate law-and-order and investigation wings, and introduce human-rights training.
- Ensure independent oversight and judicial supervision of custody.