Lawstreet Journal

Government Is Not Planning to Enact A Separate Legislation for Prevention of Custodial Torture; Government informs in Lok Sabha

Lawstreet Journal 17 Sep 2020 9:33pm

Image courtesy: Lawstreet Journal Executive Government Is Not Planning to Enact A Separate Legislation for Prevention of Custodial Torture; Government informs in Lok Sabha

On September 15, 2020, the Union Minister of Home Affairs informed in the Lok Sabha that they are not focusing on new legislation on Custodial Violence. 

The Minister of State in Ministry of Home Affairs G Krishna Reddy informed the Lok Sabha that the Indian Penal Code, 1860 enumerates the punishment for custodial violence so they don't want to bring in separate legislation for the same. 

Moreover, he stated in the Lok Sabha that "Police" and "Public Order" are a State Subject under the 7th Schedule of Constitution of India, 1950 and it is prima facie responsibility of the State Government to ensure that the law has to be followed and also protect the life and liberty of the person. 

It is important to bring to notice the decision of the Supreme Court to review the D K Basu Case, which considers the request for issuance of fresh guidelines to curb the malice of custodial violence and to control the increasing number of Custodial Death. D. K Basu v. State of West Bengal (AIR 1997 SCC 3017), this case has initiated the development of custodial jurisprudence. In this case, the Supreme Court has outlined the requirements which should be followed in all cases of arrest and detention as preventive measures to protect and prevent the custodial torture. 

One of the recent custodial death cases which came in the Media was that of father-son duo Jairaj and Benex who was found dead due to being beaten by the police officers while in custody in Tamil… Continue Reading...


Tagged: lok sabha  
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