| Custodial violence refers to violence that is experienced physically, psychologically as well as emotionally in the custody of law and lawful authority, which includes enforced disappearance, illegal detention, torture, extrajudicial execution, and various other forms of cruel, inhuman, and degrading treatments and punishment. Custodial violence involves specific situations such as those where custody itself is prima facie unlawful or does not have any authority of law, which is a violation of rights originating at the moment of invoking custody, and this continues post custody too, for instance, crimes of illegal detention and enforced disappearance by state or agents of state, that is, public authorities. |
| Another specific situation is when the custody itself is lawful hut the standards of custodial practices are not followed post custody. Thus violation of rights starts at some point of time post detention custody and this may continue during custody. |
| The role of the police and the nature of policing have become the focus of debate and controversy among politicians, media, and the public. With the police often being the major violator of human rights and the culprit in custodial violence, Indian policing is often perceived to be in a state of crisis. Major misuse of power and cause of Injustice to the people have weakened the public confidence in police. There has been little agreement on what the police should do and not do, and this is the reason why there is a huge commotion in the structural foundation of the entire police system in India. |
| The crime rate in India is much higher as compared to other nations, especially when it comes to violation of human rights and human dignity. The ever-escalating trajectory of the crime rate also questions the role and status of the police system and the overall administration of law, order, and justice in the country. There lies a huge responsibility with the police force of the country to curb crime. |
| As per the Indian Constitution, members of the police force are public servants and a police station is considered as public property. Therefore, the duty and the conduct of a police officer must conform to the law of the land, respect basic human freedom, and obey as well as maintain law and order in the country. However, time and again, we observe a contrasting character where members of the police are involved in custodial violence, torture, inhuman treatment, handcuffing prisoners, use of third degree methods, and so on, which are often demonstrated and practised by the police force during their official duties. |
| The Constitution is based primarily on the principle and concept of equality among all citizens irrespective of their status, gender, caste, or creed and social, economic, and political justice. The Constitution also guarantees some exclusive rights for persons who are under institutional custody besides other rights including fundamental rights. The concept of equality and the provision for protection against torture or any other arbitrary behaviour forms the basis of the Indian Constitution. Thus each and every citizen of the country has the right to equality and protection before law. |
A) Torture
B) Handcuffing
C) Inhuman treatment
D) None of the above
Correct Answer: D
Solution :
(d) However, time and again, we observe a contrasting character where members of the police are involved in custodial violence, torture, inhuman treatment, handcuffing prisoners, use of third degree methods, and so on, which are often demonstrated and practiced by the police force during their official duties.
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