CUSTODIAL DEATHS AND POLICE BRUTALITY: ROLE OF JUDICIARY AND NHRC

Authors: ANIKETAN S, Student of School of Law, Christ university

Best Citation – ANIKETAN S, CUSTODIAL DEATHS AND POLICE BRUTALITY: ROLE OF JUDICIARY AND NHRC, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 176-191, ISSN – 2583-2344.

ABSTRACT:

In today’s world violation of basic human rights have become very rampant, especially in the cases of Custodial Death, Police Brutality and Encounters, basically extra-judicial killings. These kinds of abhorrent acts are usually deemed as “Instant Justice”. India, which is considered to be the largest democracy in the world, has failed to uphold the promises of the constitution to carryout transparency in extrajudicial incidents. The very purpose of rule of law and constitutionalism has not been entrusted in veracious manner. Over the years the term extra-judicial killings have gained popularity and has been misinterpreted. It wouldn’t be wrong to say that these incidents have led to despotism form of government instead of democracy. Custodial tortures and brutality violate prisoners’ basic rights.

“Encounter” has been misused by the police department in the name of ‘SELF-DEFENCE’.  Especially in country like India, it has gained lots of popularity and importance unfortunately its very prevalent even today.  In most of the cases, encounters have been self-proclaimed as badge of honor to the concerned authorities, which also makes way for political mileage to the ruling and opposition parties who in turn give it an emotional and sentimental angle to it creating celebrations in the public in any high-profile cases. Over the years this has made the public to lose hopes and trusts in the judiciary. Despite several statutory provisions, conventions, constitutional safeguards, directions of the supreme court, the cases of custodial death and police brutality have not come down and has been rampant till date. Judiciary and other agencies have a huge responsibility on back of their shoulders to gain back the trust of the public and upload the constitution and vindicate the rule of law concept.

KEYWORDS:  Human Rights, Encounters, Brutality, Extra-Judicial Killings, Custodial tortures.