LLM Notes: Key findings of Supreme Court in the case of Dr Ashwani Kumar v. Union of India (2019)

 Key findings in Dr Ashwani Kumar v. Union of India (2019) can be reduced to a few clear exam‑oriented points:

1. Torture = Article 21 Violation, Crime Against Humanity

• The Court reaffirmed that torture in any form is inhuman, degrading, offends human dignity and constitutes an inroad into the right to life under Article 21; no law or procedure can authorise such treatment.​

• Custodial torture was described as a “crime against humanity” directly infringing Article 21, attracting constitutional scrutiny and remedies.

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LLM Notes: Custodial violence & torture and role of law commission in Reforming the Criminal Legal System: Addressing Torture

 

 Custodial torture is the infliction of physical or mental pain or suffering on a person who is in the custody of the police or other authorities. It is a grave violation of human rights and dignity and often leads to custodial deaths, which are deaths that occur while a person is in custody. Death in police custody is perhaps one of the worst kind of crimes in a civilized society and poses a serious threat to an orderly civilized society.

• Types of Custodial Death:

• Death in Police Custody: Death in police custody can result from excessive force, torture, denial of medical care, or other forms of abuse.

• Death in Judicial Custody: Death in judicial custody may occur due to overcrowding, poor hygiene, lack of medical facilities, inmate violence, or suicide.

• Death in the Custody of Army or Paramilitary Forces: Can happen through torture, extra-judicial killings, encounters, or crossfire incidents.

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LLM Notes: “Any torture or third-degree methods negate the basic human rights of human dignity and freedom of personal liberty. Discuss the notion of human rights and judicial attitude vis-à-vis these concepts as per Indian law.”

 INTRODUCTION (2-3 marks)

Torture and third-degree methods represent the antithesis of constitutional democracy and civilised governance. These practices—involving deliberate infliction of physical or mental pain by state authorities to extract confessions, obtain information, or intimidate individuals—fundamentally violate the core constitutional protections available to every person under the Indian Constitution. The notion of human dignity and personal liberty are not negotiable commodities or instrumental means to achieve law enforcement objectives; they are constitutional absolutes that cannot be suspended, circumscribed, or justified under any circumstances, no matter how pressing the state interest. The Indian judiciary has evolved a sophisticated framework through dynamic interpretation of Articles 21, 22, and 20 to establish that torture and third-degree methods are unconstitutional, violative of human dignity, destructive of personal liberty, and destructive of the rule of law itself.

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LLM Notes: The Role of the Law Commission of India in Reforming the Criminal Legal System: Addressing Torture

 Introduction

The Law Commission of India has played a pivotal role in reforming India's legal framework, including addressing critical issues such as custodial torture. Torture, particularly in police custody, remains a grave concern in India, undermining constitutional protections and human rights. While India is a signatory to the United Nations Convention Against Torture (UNCAT), it has yet to ratify it, leaving gaps in its domestic legal framework. The Law Commission has made significant recommendations to bridge these gaps and align India's laws with international standards.

Law Commission's Contributions on Torture

The Law Commission of India has addressed torture through various reports, most notably its 273rd Report (2017) and 152nd Report (1994), which proposed comprehensive reforms to prevent custodial torture and ensure accountability.

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LLM Notes: Custodial violence & torture in Police Custody

 Custodial torture is the infliction of physical or mental pain or suffering on a person who is in the custody of the police or other authorities. It is a grave violation of human rights and dignity and often leads to custodial deaths, which are deaths that occur while a person is in custody. Death in police custody is perhaps one of the worst kind of crimes in a civilized society and poses a serious threat to an orderly civilized society.

• Types of Custodial Death:

• Death in Police Custody: Death in police custody can result from excessive force, torture, denial of medical care, or other forms of abuse.

• Death in Judicial Custody: Death in judicial custody may occur due to overcrowding, poor hygiene, lack of medical facilities, inmate violence, or suicide.

• Death in the Custody of Army or Paramilitary Forces: Can happen through torture, extra-judicial killings, encounters, or crossfire incidents.

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