The Preamble contains the solemn resolve of people of India to protect all essential human freedoms of individuals. The provision of the Constitution echoes the Universal Declaration of Human Rights of which was in existence when the Constitution of India was being framed.
Suspension by arms while these are tied behind the back Elements Which Constitute Custodial Violence: The infliction of severe mental or physical pain or suffering, 2. By or with the consent or acquiescence of the state authorities, 3. For a specific purposes such as gaining information, punishment or intimidation.
Protections Under Indian Laws: The prohibitions imposed by Article 20 of the constitution are directly relevant to the criminal process. Article 20 1 prohibits retrospective operation of penal legislations. Article 20 2 guards against double jeopardy for the same offence.
Article 20 3 provides that no persons accused of any offence shall be compelled to be a witness against himself. These three clauses may appear to be dealing with different topics or facets. But there is a common thread running through all of them namely the anxiety to ensure that the various facets of the criminal justice system — substantive, procedural and evidentiary shall not be used to oppress the accused person.
The common theme is that the administration of the criminal justice system should not be so designed or implemented as to destroy the deeper and moral values of justice itself.
The Indian judiciary has expansively interpreted Article 21 requiring all state actions to be just, fair and reasonable. This wide — ranging interpretation has been applied to administrative procedure as well as criminal due process. Article 21 has been read as an injunction against torture and inhumane treatment.
Article 21 of the constitution provides that no person shall be deprived of life or personal liberty except according to procedure established by law. Following are some illustrative decisions: Punishment which has an element of torture is unconstitutional.
Prison restrictions amounting to torture, pressure or infliction and going beyond what the court order authorizes are unconstitutional. As under-trial or convicted prisoner cannot be subjected to physical or mental restraint: The Supreme Court of India declared Any form of torture or cruel, inhuman or degrading treatment would be offensive to human dignity and constitute an inroad into this right to live and it would, on this view, be prohibited by Article 21 unless it is in accordance with procedure prescribed by law, but no law which authorizes and no procedure which leads to such torture or cruel, inhuman or degrading treatment can ever stand the test of reasonableness and non-arbitrariness: In the landmark case of D.
State of West Bengal, the Supreme court of India observed in this widely publicized death in police custody that using torture to impermissible and offensive to Article Such a crime-suspect must be interrogated — indeed subjected to sustained and scientific interrogation determined in accordance with the provisions of law.
The Supreme Court of India ruled that the burden of explaining a custodial death lay on the police rather than the victim. The court granted compensation on the constitutional basis in public law for the infringement of fundamental rights.
It referred to its duty to enforce Fundamental Rights under Articles 14,21 and 32 of the Indian constitution and the need to make the guaranteed remedies effective and to provide complete justice.
Article 21 1 and 22 2 of the Constitution are also relevant for the present purpose, because one of their objects is to ensure that certain checks exist in the law to prevent abuse of power of arrest and detention.
Article 21 1 provides that no person who is arrested shall be detained in custody without being informed as soon as possible of the ground for such arrest, nor shall he be detained the right to consult and to be defended by a legal practitioner of his choice.The Supreme Court has, in many cases held that custodial violence is the worst form crime against human being.
In many cases, injury on the accused could have been caused in the occurrence or in some cases by the police officers. Remedies Against Custodial Violence. Conclusion. Introduction Right to speed trial, right against handcuffing, right against inhuman treatment are some of the rights which come under the purview of the Article Custodial torture must be made a crime by special .
Custodial violence 1 1. What is Custodial Violence/Torture? Custodial Violence is a trait against human dignity and human rights that springs out of a perverse desire to cause suffering when there is no possibility of any retaliation.
A senseless exhibition of superiority and physical power over the one who is .
It was hosted by the United Nations Office on Drugs and Crime (UNODC) and co-organized with the Office of the High Commissioner for Human Rights (OHCHR) and the Special Representative of the Secretary-General on Violence against Children, in cooperation with the Government of Austria.
Bartow Custodial Violence is a trait against human dignity and human rights that springs out of a perverse desire to cause suffering when there is no possibility of any retaliation.
Torture is despair and fear and rage and hate. confinement, right against delayed execution, right against custodial violence,.
The Special Rapporteur highlights the positive legislative and policy initiatives undertaken by the Government to reduce the prevalence of violence against women, including the enactment and subsequent reauthorizations of the Violence against Women Act, and the establishment of dedicated offices on violence against women at the highest level of. Custodial violence is the term which is made up of 2 terms custody and violence. Here the word custody means – A person who is under the control of the court or is in the physical hold of an officer with coercive power is in “custody” for the purpose of Section CrPC. Remedies Against Custodial Violence. Conclusion. Introduction Right to speed trial, right against handcuffing, right against inhuman treatment are some of the rights which come under the purview of the Article Custodial torture must be made a crime by special .
In a civilised society, like that of India custodial violence stands as one of the worst crimes. There is no specific meaning of the term custodial violence under any law but it is a.