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Custodial Torture Prevalence: CSDS survey reveals high acceptance of custodial violence among police personnel; 63% justified violence for serious crimes, 30% even for minor offences.
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Institutional Support for Torture: 42% of police personnel supported torture in terror cases, 28% for history-sheeters. Disturbingly, some justified mob justice and extra-judicial killings.
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Legal Safeguard Violations: Despite legal protections (Article 21, D.K. Basu guidelines), custodial norms are routinely violated due to institutional gaps.
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Need for Police Reforms:
- Overburden and Shortage: Understaffing, long working hours, and stress contribute to inefficiency and potential corruption.
- Politicization: Political interference compromises police autonomy and leads to misuse of laws.
- Inadequate Training: Outdated training methods hinder effective investigation, particularly in modern crimes.
- Outdated Infrastructure: Lack of modern tools and technology hampers effective policing.
- Public Trust Deficit: Marginalized communities often distrust the police.
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Discrepancies and Impunity: Conflicting data on custodial deaths; zero convictions in custodial death cases (2018-2022) reveals deep impunity.
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Factors Contributing to Torture: Colonial police culture, lack of accountability, political pressure, inadequate training, and public support for shortcuts.
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Support for Reforms: Majority of police personnel support human rights training, anti-torture mechanisms, and evidence-based interrogation.
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Kerala exception: Kerala police show a high compliance rate to following legal norms during arrests.
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Need for a Law against Torture: To be enacted by India while ratifying the UN Convention and taking effective steps to insulate the police from external pressures as mandated by the Supreme Court.
