Why in News: The custodial death of Ajith Kumar in Tamil Nadu in June 2025 has once again exposed the brutal, outdated policing methods in India.
Two conflicting models of policing: one is Sherlock Holmes, the other is Dirty Harry.
- Holmes is calm, logical, and evidence-driven. Dirty Harry is aggressive, skips due process, and relies on force and intimidation.
The Culture of Impunity
- 687 custodial deaths in India between 2018–2023 (avg. 2–3 per week).
- Top states: Gujarat, Maharashtra, Madhya Pradesh, Bihar, Uttar Pradesh, West Bengal, Tamil Nadu.
- Many deaths are misreported as suicides or illnesses.
- Victims mostly from marginalised groups: Dalits, tribals, migrants, daily-wage workers, slum dwellers.
- Reflects structural injustice, reinforcing caste, class, and power hierarchies.
- India’s ranking as a “high-risk” country in the Global Torture Index (2025) is a global embarrassment.
What is Custodial Torture?
Definition:
- Custodial torture is the infliction of physical or mental suffering on individuals held in police or official custody. It is a grave human rights violation and often leads to custodial deaths.
Types of Custodial Torture:
Physical Torture: Beatings, electric shocks, Suffocation, forced stress positions, etc.
Psychological Torture: Threats, humiliation, Sleep deprivation, solitary confinement, etc.
Safeguards Against Custodial Torture
1. Constitutional Provisions
- Article 14
- Article 21
- Article 20(1).
- Article 20(3)
2. Legal Provisions (Bharatiya Laws, 2023)
- BNS Section 120: Punishes use of violence to extract confessions or information.
- BNSS Section 35: Mandates proper procedure and valid reasons for arrest/detention.
- BSA Section 22: Invalidates confessions made under coercion, threat, or inducement.
3. International Provisions
- UN Charter (1945): Upholds dignity of prisoners under ICCPR (India is a signatory).
- Universal Declaration of Human Rights (1948): Protects against torture, cruel treatment, and enforced disappearances.
Challenges in Curbing Custodial Torture in India
1. Absence of Specific Anti-Torture Law
- India signed the UN Convention Against Torture (UNCAT) in 1997 but hasn’t ratified it.
- No standalone anti-torture law; existing laws (e.g. Protection of Human Rights Act, 1993) are vague and lack stringent penalties.
- The Law Commission’s 273rd Report (2017) recommending such a law remains unimplemented.
2. Weak Enforcement & Impunity
- Zero convictions in 345 judicial inquiries (2017–2022) into custodial deaths.
- Out of 74 cases of torture/illegal detention, only 3 convictions recorded.
3. Institutional and Systemic Failures
- Human Rights Commissions (NHRC/SHRCs) lack binding powers and depend on state funding.
- Police Complaints Authorities are missing or ineffective in many states.
- Prisons are overcrowded (130% capacity), with poor oversight.
4. Inadequate Police Reforms
- 90% of the police force is constabulary-level with poor training.
- Pressure for quick results leads to shortcuts and abuse.
- Lack of infrastructure, forensic support, and reliance on confessions.
5. Social Acceptance & Political Apathy
- Custodial violence is socially tolerated, especially against Dalits, tribals, and the poor.
- Non-compliance with D.K. Basu guidelines (e.g. arrest memos, medical checks).
6. Victim Vulnerability & Legal Barriers
- Victims fear reprisals, lack legal aid, and face threats when filing complaints.
7. Judicial Delays
- Courts are overburdened, and proceedings are slow.
- Witness intimidation and delays in magisterial inquiries hinder justice.
Scientific and Legal Case Against Torture
1. Scientifically Ineffective
- Shane O’Mara’s book Why Torture Doesn’t Work (2015) explains how torture damages brain regions (memory, reasoning), making victims disoriented and unreliable.
- False confessions are common, as victims say anything to stop the pain.
2. Historical Evidence
- Algerian War: French torture yielded mostly false or useless intelligence.
- CIA black sites: Detainees confessed falsely to escape suffering.
- U.S. Innocence Project: Over 375 wrongful convictions overturned, many due to coerced confessions.
What Works: The PEACE Model and Global Best Practices
1. The PEACE Model (UK, post-1974)
Stands for:
- Preparation and Planning
- Engage and Explain
- Account
- Closure
- Evaluation
Focuses on rapport-building, open-ended questioning, and video-recorded interviews.
Resulted in:
- Fewer false confessions
- Improved public trust
- Higher conviction accuracy
Adopted by: Norway, Canada, New Zealand; endorsed by European Committee for the Prevention of Torture.
2. U.S. Evidence
- High-Value Detainee Interrogation Group (HIG): Peer-reviewed studies show non-coercive methods are more effective than torture.
- Anders Breivik (Norway, 2011): Confessed fully without coercion; provided insights into extremist networks.
- Najibullah Zazi (U.S., 2009): Cooperated after respectful treatment; helped uncover wider terror networks.
3. Coercive Methods Debunked
- U.S. Senate Intelligence Committee Report (2014): Confirmed such methods yielded false leads and wasted resources.
Recommendations: Shifting to the Holmes Model
- India must make a systemic shift from Dirty Harry to Sherlock Holmes.
Immediate Actions:
1. Ratify the UN Convention Against Torture.
2. Enact a standalone anti-torture law.
3. Implement the PEACE model across all States.
4. Embed human rights and scientific interrogation methods into police training.
5. Ensure real-time surveillance of all police custodial actions and zero tolerance for violations.
Conclusion: “Every custodial beating is not just a wound on a citizen’s body — it is a stain on the soul of the state.”
UPSC Relevance:
GS Paper II – Governance, Constitution, Polity, Social Justice and International Relations
Mains Practice Questions:
Q. “Despite constitutional safeguards and judicial pronouncements, custodial torture remains a grim reality in India. Critically examine the reasons and suggest reforms to curb it.