Custodial Deaths and The Role of Indian Judiciary: A Critical study
Year: 2025
Type: article
Abstract: Custodial deaths continue to be a significant concern in India, raising critical questions about human rights violations, accountability, and the effectiveness of the judicial system in addressing such issues. This paper provides a critical analysis of custodial deaths and the role of the Indian judiciary in preventing and addressing them. Custodial deaths refer to the deaths of individuals while in the custody of law enforcement agencies, often resulting from torture, abuse, or neglect. The paper examines the legal framework governing custodial deaths, focusing on constitutional provisions, domestic laws, and international human rights standards. It delves into the role of the judiciary in investigating, adjudicating, and holding perpetrators accountable, as well as its responsibility to ensure justice for victims' families. This study further analyzes landmark judgments that have shaped the discourse around custodial deaths and explores the challenges faced by the judiciary in delivering justice in these cases, such as political influence, inadequate investigations, and lack of police accountability. The research argues for stronger accountability mechanisms, independent oversight of law enforcement agencies, and prompt judicial redress to prevent custodial brutality. It suggests adopting international best practices, including ratifying the UN Convention Against Torture (UNCAT), as a step toward aligning Indian practices with global human rights standards. Ultimately, this study calls upon the judiciary not only to issue guidelines but to ensure their rigorous enforcement through judicial activism, monitoring, and collaboration with civil society. It emphasizes that the judiciary must act as a guardian of constitutional rights and a check against state excesses to protect the most vulnerable in custody.
Authors: Banawala, Harshilkumar dineshbhai, Bhanushali, Dr. Jitendra
Language: English
Topic: Torture, Ethics, and Law
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W6911865023
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