Custodial Torture in India

The custodial death of Ajith Kumar in Tamil Nadu in June 2025 has sparked renewed calls for police accountability and anti-torture legislation in India.

Systemic Nature of Custodial Violence

• Prevalence and Pattern:According to a 2023 Lok Sabha reply, 687 custodial deaths occurred between 2018–19 and 2022–23, with states like Gujarat, Maharashtra, and Tamil Nadu topping the list. Many deaths are misreported as suicides or accidents, masking the scale of abuse.
• Marginalised Groups as Victims:Custodial torture disproportionately targets daily-wage workers, Dalits, Adivasis, and migrants, reflecting entrenched hierarchies of caste and class. Torture thus becomes not just a policing issue, but a manifestation of structural injustice.
• Failures in Oversight and Training:With 90% of the police force comprising constables lacking adequate training, coupled with institutional apathy and pressure for swift results, disciplinary action remains minimal and convictions almost nonexistent.

Legal and Institutional Deficit

• Judicial Safeguards Exist but Are Ineffective:The Supreme Court in K. Basu v. State of West Bengal (1996) laid down procedural safeguards, and in K.S. Puttaswamy (2017) upheld the right to bodily autonomy. Yet, compliance remains weak.
• Legislative Inaction Despite Recommendations:The Law Commission’s 273rd Report (2017) recommended a standalone anti-torture law. However, no such legislation has been enacted, and India has not ratified the United Nations Convention Against Torture (UNCAT).
• Global Perception and Indices:In 2025, India was ranked as a “high-risk” country in the Global Torture Index, indicating international concern over persistent custodial abuse and state inaction on accountability.

Scientific, Comparative, and Policy Perspectives

• Scientific Evidence Against Torture:Neuroscientist Shane O'Mara’s research shows that torture impairs brain functions critical for memory and truth-telling, leading to unreliable or false confessions that undermine justice.
• Global Best Practices in Interrogation:The UK’s PEACE model and the U.S. High-Value Detainee Interrogation Group (HIG) have demonstrated that non-coercive, rapport-based techniques are more effective, ethical, and accurate in intelligence gathering.
• Democratic Imperative for Reform:A mature democracy must ensure that policing upholds constitutional values. The use of Sherlock Holmes–like evidence-based methods must replace Dirty Harry–style brutality rooted in impunity and secrecy.

Practice Question:

Custodial violence continues to undermine constitutional values despite judicial safeguards and international commitments. Critically examine the structural, legal, and societal challenges in addressing torture in India. Suggest institutional reforms with examples from global best practices.(250 words)