Torture In Prison - The Dark Truth Of The Most Popular Rights
Author: LawSphereX
Category: General Law
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TORTURE IN PRISON: THE DARK TRUTH OF THE MOST
POPULAR RIGHTS
Nandini Bhatt, B.B.A. LL.B. (H.), Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India Hadiya Khan, Assistant Professor, Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India
ABSTRACT
The article talks about the police torture in police custody, and it suggests the reasons for its prevailing in police departments of various countries, and also suggests the legal frameworks by which it can be eradicated. The nature of torture is explained as an act of severe mental or physical suffering deliberately involving in order to bring out the affected person information or a confession, which is inadmissible in any court of law. There are many international treaties that sanction a strict zero-tolerance towards torture, like the Convention Against Torture; the most famous is the United Nations Convention Against Torture, which is accepted and ratified 157 countries in the world, including India. Domestically, torture is addressed by several sections of the Indian Penal Code, rather than anti-torture legislation.
Such legislation has been suggested and remains legislative to this day. Guidelines for guarding against custody abuse were laid down by the Supreme Court of India, but in reality states have been inconsistent in enforcing them. ‘The judiciary has a crucial role to prepare legal reforms and civil society propositions on active involvement to prevent torture,’ the document emphasises. Moreover, the article likewise recognises the particular vulnerabilities of women detained and incarcerated, and insists that appropriate measures be in place to protect them against gender-based violence: robust training; clear accountability structures; effective safeguards such as body cams and the like. In general, the discourse points a way forward to holistic reform – and active enforcement, both to close the gap between law and practice and to secure human dignity and rights in the process.
Keywords: Torture, Police Detention, Prisoners, reasons for Torture.
Introduction Any act that deliberately causes mental or physical pain and suffering for a specific purpose, whether to obtain information or to coerce a confession, is called torture. The Supreme Court said that abuse of custody is a serious crime, degrades human dignity and largely destroys human character. However, abuse in custody is a crime, and the defendants are not punished for many reasons. Sovereignty protection is a shield that provides protection to state officials, also known as immunity, which means or acts like “the sovereign is at fault. ” Some changes need to be made in this because it gives great freedom. Protections were given to all officers, but many misused them.
Article 22 of the Constitution of India deals with the protection of arrest and detention and talks about the rights of detainees, but brutality by police officers is a practice of civil society and poses a great threat to civil society. There is no doubt that torture, which has become a legal practice carried out by the police today, is one of the easiest and most time-saving ways to obtain documents or confessions from prisoners. However, according to our Indian Evidence Act, any confession made before a police officer or while in police custody will not be admissible in court. Yet knowing this truth, it is incredible that police brutality is still a part of our police force. Here the detainees or detainees are in the most dangerous situation because they are helpless and powerless compared to the police.
Sometimes, often when prisoners are subjected to their "third" torture, they confess, if not confess, their pain and suffering. The main purpose of this article is to reveal the reality of imprisonment. In good governance with the rule of law, torture in jails and prisons is normalized by the police instead of following the procedures and steps laid down by the courts. The Legal Framework Against Torture As Torture is despised by the global community, there is a raft of international treaties and conventions that prohibit it, a sign of a global prohibition.
The ever-expanding list includes: the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), which many countries, including India, have signed and ratified; the Universal Declaration of Human Rights, Article 5; and the International Covenant on Civil and Political Rights (ICCPR). The convention requires signatory states to take affirmative measures to prevent torture in their jurisdiction; it also expresses that ‘no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal
political instability or any other public emergency’ represent justification for torture. And finally, Article 5 of the Declaration and Article 7 of the ICCPR expressly prohibit it. These norms create a frame of reference that requires member states to enact laws that effectively prevent members of the state from committing torture, and to arrest and prosecute the culprits. Domestic Laws and Policies Inside India, the specific response to torture is found not in a law focused on the crime and wrongness of torture, but rather in the Indian Penal Code, which contains many provisions that apply to torture because of the nature of the offence.
Thus, for example, there are sections of the IPC such as 330 (Voluntarily causing hurt to extort confession) and 331 (Voluntarily causing grievous hurt to extort confession) that could clearly be applied to acts of torture but only insofar as the drivers or purposes of such acts are confessions extracted by fear of pain. A key lacuna in the legal process of such cases is the absence of a law that defines torture, deals with it as a crime in itself and stipulates specific processes to be followed in investigating, prosecuting, and punishing torturers. A proposed law to fill this lacuna in the name of ‘Prevention of Torture Bill’ has not yet been enacted into law.
Furthermore, the Indian Evidence Act discourages torture by providing that a confession to police in custody ‘shall not be proved as confession’ without being shown to have been ‘made in the immediate presence of the magistrate’ (Section 25 26). This prevents police from using torture to elicit a confession from the detainee. Further, the Indian judiciary has shown a statesman-like role in dealing with the issue of torture. In leading judgments, the Supreme Court has been laying down the roadmap against torture that has remained influential even over the years.
Among many other judgments, in a landmark case of DK Basu vs State of West Bengal (1997), the court stipulated that whenever arrests are to be made, police officers are required to ensure that a memo listing details of the arrest, like the exact time, place, nature of offence, name or identity of the police officer making the arrest, is prepared and signed both by the arresting officer and the person who is being arrested. This memo also includes labeling the person in a manner that reveals the police station that made the arrest. Taken together, these international treaties and domestic laws provide a dual legal defence against torture, one designed to preserve core human rights norms regardless of the context of
law enforcement and imprisonment. But as is often the case with any legal framework, the implementation of these laws remains a hurdle that must be steadily heightened and reformed to narrow the gap between the law on the books and the law in practice. Mechanisms of Torture in Custody Physical torture is the clearest type of abuse that can occur in custody, involving bodily harm that is directed at the victim to force them to confess, punish or frighten them. Examples include: • Beating: One of the most common and primitive forms of physical torture wherein victims are struck by fists, batons or other objects; techniques can target particularly sensitive body parts to maximise pain and fear.
• Electric shock: Application of electrical current to extremities (limbs), the genitals or the tongue, which results in extreme pain with few physical traces to make it a favourite for clandestine torture. • Waterboarding: A technique that mocks drowning by causing the victim to experience the feeling of impending suffocation, surrendering consciousness in an altered state of extreme psychological pain. • Positional Torture: Forcing the detainee to stand, crouch, sit in an unnatural position, or hang in this position; except as needed for interrogation purposes or if performed as part of escape-prevention measures. • Canine Use: Subjecting the detainee to attack dogs for the purpose of intimidation or in a way that may result in bodily injury. • Waxing: Placing hot, melted wax or melted plastic on the detainee’s bare skin. (Burning the detainee is also prohibited.
) • Destruction of Property: Unlawfully destroying a detainee’s property in their presence when provoked. • Regime: Using congested prisons and cellular facilities that lack adequate food, shelter,
heat, blankets, clothes, toilet facilities, and functional hygiene systems. Psychological torture aims to ruin the psyche of its victim without necessarily producing visually obvious, maimed, or bloody bodies, and without necessarily reducing the victim to a state of helplessness. Thus, victims often experience deep, long-term emotional scars. Three core methods include: • Isolation: Long spells of solitary confinement that can produce symptoms of mental illness, such as depression, anxiety and perceptual distortion. • Sleep deprivation: prolonged periods of forced wakefulness which diminish cognitive skills and weaken psychological resistance. • Threats and Humiliation: Threats might be made against the victims and/or their loved ones, and the victims may be subjected to particularly humiliating acts. This can also cause severe psychological trauma.
• Mock Executions: As suggested by the name, this technique subjects the detainee to the ‘perception of an execution—creates the perception of imminent death’. Again, this practice is carried out in order to create an ‘overwhelming psychological experience’. Torture methods enabled by technologies enable the production of wounds that are harder to detect but more lethal and psychologically damaging, some are as follows:- • The use of drones and surveillance: Bringing technology to bear – creating a sense of constant surveillance, a likely contributor to psychological stress and a feeling of chronic helplessness. • Controlled Environments: Advanced environmental-control systems used to bend the light, sound, or temperature conditions to disorient and physically destabilize detainees.
• Pharmacological torture: Administration of drugs that induce pain, confusion or obedience without touching the victim, often leaving no outward signs. Isolation and sensory deprivation are now merely examples of a wide range of physical, psychological and technological methods of custody torture that reflect the changing and
diverse ways that these methods are used. Each of these methods targets the immediate and ongoing bodily and mental processes of the victim to obliterate his or her selfhood, in part by strategically evading clear detection and accountability. Deaths in custody – consequence of torture The National Human Rights Commission (NHRC) noted in a 2019 report that approximately 1,723 people died in custody, approximately 1,606 in court custody and others in police custody. The report also pointed out that even in serious crimes such as robbery and theft, the police resorted to torturing the defendants to death. Ashok Bansal (Madhya Pradesh), Nesar Ansari (Bihar) and Rajesh (Kerala) are a few examples of prisoners under torture. One of them committed suicide because he could not stand the torture of the police.
The same report describes various torture methods, including beating with a belt, kicking with a shoe, driving nails into the body, hitting the toe with a stick (also known as "falanga"), and electroshock (literally "electric shock"). Three degrees of torture. Sometimes the police will also use glue to attach it to private parts of the body. However, the Indian army, whom we see as a real hero, is accused of torture, while 17-year-old Tarun Mondal, who was allegedly arrested near the border in West Bengal's Murshidabad district, was attacked by security forces (BSF). Apparently Tarun was accused of cattle smuggling. For authorities, pursuing a case has become a shortcut to immediate justice or to have the case made public and closed.
The People's Organization for Human Rights (PUDR) says most deaths are the result of the following unintended consequences: Torture in custody is part of the daily life of the police. Recently, a death occurred in P. 's care. Jayaraj and his son Bennix were arrested for violating the COVID-19 law by keeping the store open beyond specified hours. They died two days later as a result of police brutality. This behavior is not only limited to our country, it is now attracting attention at the international level; For example, the death of George Floyd in police custody is one of the most dangerous events that has sparked international outrage. Yashwant and Others v. “With great power comes great responsibility,” said Maharashtra State Justice NV Ramana. Here the officer was found guilty under Section 330 of the Indian Penal Code.
There is nothing more shameful than dying in police custody due to the abuse of our laws. In a landmark case on abusive control, the Supreme Court said: "Violence in control, including torture and death in prison, is a violation of the law and requires
that the power of control is not exercised solely by management. It must be limited by law but not by law. " Acting is a serious problem for criminals, police or within the four walls of prison, in uniform and with the law, there are people who need to be advocates and the victim is fully helped. Protecting people from torture and mistreatment by police and other law enforcement officials is a matter of concern to a free society. – [DK Basu v. State of Bengal (1991) 1 SCC 416] Women in police custody: Threats Whether inside or outside prison, it is evident everywhere that women are not safe anywhere in this country.
There have been many instances where male and female prisoners are kept together in a single prison this is where the torture begins it is clearly stated in the Article 27 (1) of the Prison Act 1894 that in a prison where men and women are kept should be imprisoned in the separate building or in the separate parts of the same building in such a way which prevents them from seeing, conversing or maintaining any relationship with any of the male prisoners. Torture in custody emerged as a result of state officials committing crimes and violating human rights and freedoms during the state of emergency in the country between
1975 and 1977, and it caused a great disaster for people. For women, caregiver abuse can lead
to caregiver rape and harassment and ultimately the caregiver's death. Here, abusive treatment is not just limited to the police, but also occurs in hospitals, mental institutions, youth homes and mental institutions, where victims are treated better than being tortured by the police. We know that when raped, the burden of proof usually falls on the victim, and that something like sexual harassment is a disaster in itself, but when you add state police to the mix, the worstcase scenario emerges. Keeping a senior employee with significant responsibilities is more difficult than holding people accountable because they are well-resourced and high performers. Although women are sent to various prisons, there are also cases where the police take advantage of this and harass women.
For example, a 35-year-old Dalit woman was arrested by the police at Sardarshahar police station in Churu district of Rajasthan and was assaulted and tortured by nine police officers. The chances of the police trying to rape the case until trial are very low because the particular incident happened at the police station, they are the higher authority and it will take seconds to tamper with the evidence even if the victim and her family try their best. . FIRs were lodged but many of them were rejected as they were already under the command of the administration. According to the National Crime Records Bureau report, India accounts for 29% of victims and the conviction rate is 32. 2%. Psychological trauma from
assault victims can be a sign of PTSD, post-traumatic stress disorder, with approximately 94 percent of victims experiencing these symptoms even three or four months after the crime. This relieves the victim's anger, stress, depression, anxiety, etc. may affect. They may relive their traumatic events through different nightmares or flashbacks. Uttar Pradesh has the highest number of rape cases in India, according to a survey conducted by the commission in 2017.
Combating Torture Effective combat of torture is possible only if we reorganise and govern law enforcement agencies so that they are accountable, transparent and respectful of human rights, there is need to reform the following areas: • Improved Training: Mandating broad training programmes for police and security forces oriented towards human rights, ethical interrogation techniques and the legal consequences of torture; training in de-escalation and effective technologies of gathering information that are not coercive. • Accountability Mechanisms: Strong, well-resourced internal and external oversight bodies to investigate all allegations of torture and other serious abuses. These bodies must also be empowered to criminally prosecute the offenders and impose penalties.
• Body Cams and Surveillance: The use of body cameras on officers interrogating and interacting with detainees might deter abuse and also be a useful tool to evidence allegations of abuse. • Whistleblower protection: passing laws protecting inside whistleblowers from harassment, victimisation and punishment within police forces and other security organisations in the state. Courts and NGOs are key players in movement towards justice for torture victims and against its injustice: • Judiciary Oversight: Courts must vigorously enforce laws against torture, and apply legal provisions against custodial abuse via impartial and independent adjudication. The
courts would set examples through strong responses to cases involving gross human rights violations, thereby bolstering the rule of law. • Protection: Ensuring that victims of torture have access to physical protection andsafe spaces to recover is crucial for the overall success of reparations. We suggest that the judiciary can provide legal aid and representation to victims of torture. This would guarantee them access to justice mechanisms, an essential step in creating a sense of dignity for the victim. Examples include manning legal clinics and partnering with law schools and NGOs. • Advocacy Groups: See organisations such as non-governmental organisations (NGOs) and human rights groups. Torturers are more likely to consider that they’re getting caught and that they can be held accountable.
All of these groups can document cases, help raise awareness, and advocate for changing laws and policies. They could run training sessions, write reports, or help actual victims bring cases to light. • International cooperation: Working with international human rights bodies including the United Nations, Amnesty International and Human Rights Watch can help to exert international pressure and provide a broader platform for advocacy. These are multi-faceted preventive and responsive interventions and have to be anchored in multi-sectoral collaboration. Armed with training, legal reforms and judicial oversight coupled with energetic targeted advocacy, it’s possible to begin to construct a practical ensemble of preventive and responsive measures to defeat torture, protect the dignity and rights of all those detained. Conclusion "There are many things that need to change.
One of them is police brutality. " Colin Kaepernick said it very aptly. Police management is seen as the main focus of the series but what if this show turns into a nightmare for those living in rural areas or those who want to find a fair way out of them? Everyone will live with dignity, whether the victim or the accused of the situation. Torture in police custody is an indescribable reality that the world must confront. Although there are different laws on this issue and the Universal Declaration of Human Rights and many other
international conferences condemn this crime, incidents related to it occur again and again. It has now become a cause for concern, and not just in India. People like George Floyd, Eric Gardner, and Michael Brown were victims of torture and the world's anger against everyone else. Death in custody is one of the most shameful cases in India's legal history and no one deserves to die this way. It is time for people to be more careful and stricter and make a separate law with severe penalties for this behavior. Women are under the sole care of female staff and appropriate rules and procedures must be followed. To deal with this problem, the government could create a new institution that would benefit victims and the courts. Even the lower courts should be allowed to hear these cases so that the cases in the higher courts are more serious.
Those who commit crimes should be punished in the most severe way. Immediate compensation should be given to the families of the victims; they are suffering from demonstrations, demonstrations, demonstrations, media lawsuits, etc. they deserve more. They deserve a fair and just trial. It's the least we can do for the victims and their families. Torture during police custody is a brutal violation of human rights and a travesty of the rule of law. The repeated occurrence of such deaths, especially in the light of both international and national laws against torture, reveals a structural breakdown and a law-enforcement responsibility crisis; actual knowing and actu ally perpetrating such brutalities signifies dysfunction within the system.
Law enforcement agencies must go beyond paying lip-service to reforms designed to ensure abiding by the law and the human rights of those they are charged to protect. The glaring reality of torture during arrest and interrogation indicates a dark cultural void within the police. Training of the police, particularly in human rights and human dignity in interrogations, combined with strong and meaningful accountability measures, could be a space worth exploring on the road to achieving a more civilised world that respects rather than violates human dignity. This requires the courts and civil society to do their part: judges should strictly apply antitorture laws, and deliver justice transparently and promptly, encouraging other states to emulate them by demonstrating strong precedents for human rights compliance.
Meanwhile, independent advocacy groups should keep abuses in the spotlight and push for reform, thereby insisting that victims of torture receive both legal and public support. Around the world, global human rights organisations also continue to have an important role in pressuring governments to live up to these legal obligations. The global attention shames
perpetrators and exerts diplomatic and economic pressure through the international community. In the end, the elimination of torture demands action from all parts of society. The legislative branch needs to strengthen and enforce laws that don’t give torturers carte blanche to escape impunity. The executive branch needs to institute reforms that put an end to impunity and establish a culture of human rights respect. And the judicial branch needs to serve as a check on abuse by ensuring that victims receive redress and that perpetrators are punished. Until torture is recognised for what it is – a moral crisis as much as a legal one – and acted upon with the same sort of fervor as any other crime with a similar reach and impact, societies will continue to beat around the bush when it comes to safeguarding the dignity and rights of their most powerless members.
Since torture will never disappear, it will always be a finger in the eye of all those still en route to a world of fairness and decency.
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