A Socio-Legal Study of Custodial Violence with Special Reference to SCs/STs In India

Abstract

Custodial violence a matter of grave concern against scheduled castes and scheduled tribes in Indian society because it undermines the philosophy of social justice. This situation prevails irrespective of the national legislations and various international conventions on human rights, as well as the guidelines by the judiciary. Considering the gravity of the scenario, it is quintessential to analyse the menace from different angles to arrive at a plausible solution. The paper analyses the concept of Custodial Violence in India within sociological and legal perspective, with special reference to SCs/STs. It argues that it is the weaker communities, who are more likely to be the victims of such crimes. The reports of National Commission for Scheduled Castes and Scheduled Tribes, NCRB and the press releases of NHRC throws light to this aspect showing us the trend in terms of atrocities against them. When viewed in the legal sense, the Constitution of India provides for the greatest protection in terms of fundamental rights and consider it to be vital by including them in the directive principles of state policy. The exhaustive criminal law of the country provides for an array of provisions to safeguard the individuals, in the substantive law and by providing for procedure that prevent the police officials from arbitrary exercise of their power. With respect to the violence against SCs/STs, special legislations and provisions were enacted many years ago. On an international level, custodial violence has been seen as a matter of basic human right violation. To secure it, we have a wide variety of conventions and to most of it, India is a party. Another important area through the issue has to be analysed is the role of judiciary in curbing the issue. The Apex Court in its judgments declared that any form of torture or cruelty, would be offensive to the dignity and constitute an inroad into the right to life of an individual through a plethora of judgements. The paper tries to understand the nature of custodial violence against SC/ST Indian society with reference to caste inequality. The paper tries to explore the causes of custodial violence against SCs/STs and finally aims to suggest some measures to curb the same. The author has taken recourse to non-doctrinal research methodology by taking reliance on secondary data especially various authentic reports, newspapers and articles to finish the work. The author would go for a descriptive analysis when it comes to statistics and other reports in order to obtain a pattern and to arrive at a conclusion in this study.