Torture & Police Reform

  • 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.

  • 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.

  • Legal Safeguard Violations: Despite legal protections (Article 21, D.K. Basu guidelines), custodial norms are routinely violated due to institutional gaps.

  • 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    • Inadequate Training: Outdated training methods hinder effective investigation, particularly in modern crimes.
    • Outdated Infrastructure: Lack of modern tools and technology hampers effective policing.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.
  • Discrepancies and Impunity: Conflicting data on custodial deaths; zero convictions in custodial death cases (2018-2022) reveals deep impunity.

  • Factors Contributing to Torture: Colonial police culture, lack of accountability, political pressure, inadequate training, and public support for shortcuts.

  • Support for Reforms: Majority of police personnel support human rights training, anti-torture mechanisms, and evidence-based interrogation.

  • Kerala exception: Kerala police show a high compliance rate to following legal norms during arrests.

  • 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.