Law of Torts in Reference with Custodial Deaths in India

Abstract

Article 21 of the Constitution of India says that no person shall be deprived of his life or personal liberty except according to procedure established by law. Right to life is a fundamental right and its scopes are widen to the extent of life full of dignity mandatory for soulful human existence in a society whereas the personal liberty of an Indian citizen is taken care of by Article 22 which provides that the arrested person should be informed about the grounds of his arrest and should be produced within 24 hours of his arrest before magistrate. “Liberty is the most cherished possession of man. “The protection of life and liberty and protection from or against arrest of a citizen are contained in our constitution. Apart from the Constitutional laws there are several other laws and legal enactments framed with the purpose to protect the fundamental right to life and liberty of an individual. In this research paper, firstly, the researcher tries to define custodial death, relevant laws in the Constitution of India and other enactments, landmark judgments on custodial deaths, facts and figures of ratio of custodial deaths in India as per NHRC, India’s initiative in policy formulation against custodial violence. The article also attempts to analyze the need of the hour for formulation of strong enactments and policies to curb the malpractice of custodial violence to cut the root of heinous crime of custodial deaths.