LEGISLATIVE REFORMS TO CURB CUSTODIAL TORTURE: A REVIEW OF INDIAN LEGAL SYSTEM

Abstract

The fact that constitutional safeguards and judicial intervention have not eradicated custodial torture is a grave human rights violation in India. Critical gaps in the Indian legal system are the non-existence of a dedicated anti torture law and failure to ratify the United Nations Convention Against Torture (UNCAT). This is research that looks at the legislative framework that governs custodial violence, drawing from constitutional provisions, statutory laws and a blow by a judicial pronouncement. It specifies key challenges of the lack of police impunity, ineffective enforcement mechanisms, and the procedural hurdles to prove custodial torture. The research highlights the absolute need for broad-reaching legislative reforms including the introduction of a strict anti-torture law, enhanced accountability mechanisms, enhanced oversight over the law enforcement authorities. This research draws comparisons from international best practices and advocates for a victim centric approach, based on which the custodial violence would be ensured, justice would be obtained, and the victim would be rehabilitated. Indefatigable efforts are necessary to upgrade the legal framework and institutions to enforce the human rights and to promote the rule of law in India.