Uttar Pradesh
Police Torture
- 30 Sep 2021
- 2 min read
Why in News
- Recently a businessman resident of Kanpur died due to torture inflicted by Gorakhpur police. This death has again made topics such as the use of violence against people by the police in India and custodial death a topic of discussion.
Key Points
- According to the 'Status of Policing in India' report released by the non-governmental organization 'Common Cause', 3 out of every 5 police officers believe that the use of violence against criminals is justified. According to another report, between 2000 and 2018, more than 2000 human rights violation cases were registered against the police.
- Factors responsible for violence by police-
- Absence of laws against torture in India.
- Non-action of policemen in case of violation of human rights.
- Slow pace of police reforms.
- Low conviction rate.
- Provisions to prevent police torture-
- In DK Basu vs West Bengal, the Supreme Court held that protection against torture is a fundamental right under Article 21 of the Right to Life.
- Under the Code of Criminal Procedure, logical grounds and rules for arrest and detention have been laid down in Section 41A, 41B, 41C, 41D.
- Sections of the Indian Penal Code- 330, 331, 348
- Indian Evidence Act Section- 25 and 26
- It is noteworthy that despite India's signing of the 'United Nations 'Convention against Torture', it has not been ratified yet.
