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Custodial Death with Reference to India Perspective

JOURNAL:MAZEDAN STATE POLICIES AND LEGAL REVIEW

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# Authors First Online DOI Downloads Citations
1. VIDHI AHLAWAT*, HADIYA KHAN 31 May 2024 NA 3 0
Abstract

Custodial deaths actually breach the human right principles and provoke even more delicate issues in the sector of law enforcement. This report gives a general idea about prisoner deaths which happen in India mainly indicating reasons and legal framework behind the death of prisoners. In order to uncover these factors, the paper has done a literature review, analysis of official reports, and case studies, which will be used to explore socio-political, economic, and cultural factors leading to custodial deaths. It also discloses the systemic failure within criminal justice system revealed by for example police brutality, lack of accountability and inadequate safeguard for detainees. Similarly, the paper will address role of impunity and corruption in prolonging custodial violence and the challenges find in symbol the perpetrators responsible. However, it also evaluates the legal provisions and the appropriate judicial responses taken to combat custodial deaths by evaluating their effectiveness and flaws. Finally, the abstract advises for consequent reforms through legislative amendments, institutional reforms, and greater awareness of the public for the elimination of this menace and upholding the fundamental rights the individual ought to possess during police custody

Keywords

Custody, Death, Fundamental Rights, Human Rights, Police

References

  1. [1]    Puja Jaiswal, Women Rights vis a vis Human Rights, available at: http://www.dehradunlawreview.com/wp-content/uploads/2020/06/5-Women-rights-vis-%C3%A0-vis-human-rights.pdf (Visited on April 16, 2024).

    [2]    Dr. A.K Pandey, Protection of Women from Domestic Violence in India, available at: http://www.dehradunlawreview.com/wp-content/uploads/2020/06/1-Protection-of-women-from-domestic-violence-in-India.pdf (Visited on April 18, 2024).

    [3]    S.D Sharma & Vipul Sharma, Death under penal law and life under Constitution available at: http://www.dehradunlawreview.com/wp-content/uploads/2020/06/1-Death-under-penal-law-and-life-under-constitution.pdf (Visited on April 18, 2024)