Understanding Systemic Failures in Preventing Human Rights Abuse in Police Custody: A Policy Analysis

Authors: Munendra Pal Singh, Amit Verma

Country: India

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Abstract: This study critically examines the systemic failures contributing to human rights abuse in police custody in India, with a specific focus on legal, institutional, and policy-level gaps. Despite the existence of comprehensive constitutional and statutory safeguards—such as Articles 21 and 22 of the Indian Constitution, Sections 330 and 331 of the Indian Penal Code, and directives from landmark judgments like D.K. Basu v. State of West Bengal—incidents of custodial torture and deaths remain alarmingly frequent. Through doctrinal research, analysis of NHRC reports, case law, and policy documents, the study reveals that weak implementation, ineffective oversight by institutions like NHRC and SHRCs, political interference, and a lack of police accountability mechanisms have allowed a culture of impunity to persist. Marginalized communities, especially Dalits and minorities, are disproportionately affected, exposing systemic bias and social injustice. The study argues for robust institutional reforms, including the establishment of independent custodial monitoring bodies, mandatory video recording of interrogations, and the ratification of international human rights treaties such as UNCAT. Ultimately, the research underscores the urgent need to transform India's custodial framework from one of repression to one of accountability and rights protection.

Keywords: Custodial violence, human rights, police reforms, systemic failure, NHRC, constitutional safeguards, D.K. Basu, accountability, UNCAT, India

Paper Id: 232779

Published On: 2025-10-31

Published In: Volume 13, Issue 5, September-October 2025

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