Supreme Court Directs Action Against Custodial Torture by Paramilitary Forces
- ByAdmin --
- 31 May 2025 --
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The Supreme Court of India has issued a strong directive to curb custodial torture committed by paramilitary forces, reinforcing the protection of fundamental rights and the rule of law. This move addresses growing concerns over human rights violations during detention and interrogation by security personnel.
Background
Custodial torture remains a critical issue affecting detainees' dignity and health, often leading to irreversible physical and psychological harm. Paramilitary forces, deployed for internal security and law enforcement support, have been implicated in several reported cases of torture and abuse in custody.
Petitions highlighting these abuses prompted the Supreme Court to intervene and demand stricter measures to prevent such violations.
Supreme Court’s Key Directions
- Zero Tolerance Policy
The Court mandated that custodial torture by paramilitary personnel will not be tolerated under any circumstances and must be dealt with strictly.
- Prompt Investigation and Accountability
Authorities were directed to ensure immediate, impartial investigations into allegations of custodial torture and initiate disciplinary or criminal proceedings against offenders.
- Medical Examination and Documentation
All detainees must undergo a thorough medical examination upon admission and release, with records maintained to detect and prevent torture.
- Training and Sensitization
Paramilitary forces must receive regular training on human rights, legal safeguards, and humane treatment of detainees.
- Monitoring Mechanisms
The Court urged the establishment of independent oversight bodies to monitor detention facilities and the conduct of paramilitary personnel.
- Legal Aid and Complaint Redressal
Detainees should have easy access to legal assistance and a transparent complaint mechanism to report custodial abuse without fear of retaliation.
Relevant Legal Provisions
- Article 21, Constitution of India
Guarantees the right to life and personal liberty, encompassing protection from torture and cruel treatment.
- The Protection of Human Rights Act, 1993
Establishes the National Human Rights Commission (NHRC) with authority to investigate custodial violations.
- Section 330 and 331, Indian Penal Code
Criminalize voluntary causing of hurt and grievous hurt to deter and punish custodial torture.
- The Code of Criminal Procedure, 1973 (Sections 176 and 176A)
Requires medical examination of accused and detained persons to prevent torture.
- United Nations Convention Against Torture (ratified by India)
International framework prohibiting torture in all forms.
Implications of the Supreme Court’s Order
- For Paramilitary Forces
A clear mandate to uphold human dignity and lawful conduct during detention operations.
- For Victims
Enhanced protection and avenues for redress, increasing trust in the justice system.
- For Authorities
Responsibility to enforce legal safeguards, improve training, and ensure accountability.
Way Forward
- Implementation of standard operating procedures focused on humane treatment in custody.
- Regular audits and surprise inspections of detention centers by independent agencies.
- Strengthening legal frameworks to deter custodial abuse effectively
- Public awareness campaigns about detainees’ rights and grievance mechanisms.
Conclusion
The Supreme Court’s directive to act decisively against custodial torture by paramilitary forces reaffirms India’s commitment to human rights and constitutional values. By emphasizing accountability, transparency, and humane treatment, the Court seeks to eliminate abuses in custody and protect the fundamental rights of all individuals, reinforcing the rule of law and justice in the country.
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