Judiciary: A Crusader against Custodial Torture

  • Neha Bharti
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  • Neha Bharti

    LLM (Criminal Law) from Amity University, Noida, India

Abstract

Torture is as old as humanity is. Custodial torture including death of the accused is not a new phenomenon it has been practice from ages. Judiciary is the third pillar of democracy. It plays a major role in protecting the fundamental right as well as human right of the citizen in India. The Supreme Court of India has passed number of judgments in which the sufferer of custodial violence has been protected. The apex court is vigilant against any kind of malpractice or violence inflicted upon the victim of torture by the public officers i.e., police while in custody. In fact, Indian judiciary even applies the general norms of international law and treaties which are universal for the protection of right of the victim of custodial violence. It is a well settled law that if any norms of international law or any international law if not contrary to Indian law can be enforced in India legally. Under the umbrella of Article 21 Constitution of India,1950 any form of torture or cruel, inhuman or degrading treatment is prohibited. Torture is not permissible by law either it occurs during investigation, interrogation or otherwise. The state is responsible if a person in custody of the police or other is deprived of his life except in accordance with the procedure established by law. However, when the matter comes to the court, it has to maintain the balance in protection of fundamental right of the individual and duty of police and only remedy given is compensation. In this paper, we will see how Supreme Court extended his hand for the protection of victims of custodial torture in police custody and judicial custody and custodial torture against women and children.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 2, Page 1507 - 1517

DOI: http://doi.one/10.1732/IJLMH.26325

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