05-07-2025
- Politics
- New Indian Express
Ajithkumar custodial murder exposes systemic brutality and impunity: Advocate
Legal vacuum and inadequate safeguards
A core reason for the escalation of custodial violence is the glaring lack of comprehensive anti-torture legislation in India, which is yet to ratify the United Nations Convention Against Torture. The Prevention of Torture Bill, 2010, introduced to specifically punish torture by public servants, languishes, unpassed by Parliament. Critically, Indian law, including the new BNS, lacks a proper legal definition of 'torture,' relying on broader offences under the IPC which are often insufficient.
While Article 21 of the Constitution (Right to Life) has been interpreted by the courts to include protection from torture, and landmark guidelines were issued by the Supreme Court in the D K Basu case (mandating procedures during arrest and detention and addressing custodial crimes and compensation, etc.), judicial intervention often culminates only in monetary compensation, falling short of complete justice and criminal accountability.
