HUMAN RIGHTS VIOLATIONS BY POLICE IN INDIA: A COMPARATIVE CASE STUDY
Keywords:
Human Rights, Police violations, India, DemocracyAbstract
Custodial Death or Arrest-Related Death refers to the death of a detainee while in police or judicial custody, prison and extends to any harm done during the process of detaining a suspect or accused. When a State takes away the personal liberty of a person, they should hold complete responsibility for the life and physical integrity of that person. Whether it’s the police custodies in India or all the way to the west in Minnesota, unlawful or excessive use of force by the police has been more prevalent than ever, this torture does not limit to just physical but also extends to mental and sexual torture. In this paper we’ve analysed the Indian Legal System’s evolution and present situation regarding this issue, we also dealt with the Human Rights Violations with the help of statistics. These cases are not restricted to a Geographical area with high police influence and uneducated or poverty-stricken people, even evolved nations such as the US are not immune to this problem, reminding us the statement “The US is a third world country wearing a Gucci belt.” Further in this paper, a detailed analysis of “George Floyd” and “Jayraj and Bennicks” cases along with a comparative analysis has been made, which occurred in the same timeline. We have taken into consideration the Legislative, Judicial and also the public involvement while studying the actions being taken post these unfortunate events. This paper is concluded by mentioning various recommendations and measures from Human Rights Commissions and Judiciary and also our personal suggestions.
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References
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xiii National Human Rights Commission, Annual Report, P.15. (1995-96).
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xvNCAT India, Annual Report on Torture 2019 (June 26 2020) http://www.uncat.org/wpcontent/uploads/2020/06/INDIATORTURE2019.pdf.
xvi Ibid
xvii NCRB, Crime in India 2018, ‘Custodial Crimes & Complaints Against Police Personnel’, (2019)
http://ncrb.gov.in/StatPublications/CII/CII 2018/Tables.html
xviii Ibid
xix (1994) AIR 1349.
xx A.l.R. 1930 Lah 945.
xxi AI.R. 1932 Lah 13.
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