Human rights are generally defined as “those rights which are inherent in our nature and without which we cannot live as human beings”. Human rights and fundamental rights are the birth right of all human beings and they are now recognized as the limit to the exercise of power by the State over individuals. The primary duty of the police is to safeguard the lives as every human being has inherent right to life and personal liberty1 and there shall not be any arbitrary arrest or detention or threat to life and liberty. Custodial death and custodial rapes are the glaring examples of the violation of human rights. The efficiency of the fundamental right is jeopardized when the law enforcing agencies themselves become obnoxious. Besides recounting the recommendations made by several committees that enquired into the subject with a view to augmenting better protection of human rights of citizens while in police custody, the paper also makes suggetions.

The Founding Fathers of Indian Freedom Struggle and of the Indian Constitution envisioned a comprehensive conceptualization and articulated the demand for freedom in its political, economic and social dimensions. Most of the articles of the Universal Declaration of Human Rights and the two International Covenants are building blocks of India’s Constitutional Rights. Part III of the Constitution of India is devoted to the Fundamental Rights, which are guaranteed to the citizens. These rights are nothing but a replica of the Human Rights envisaged in the Universal Declaration of Human Rights.

Day-to-day newspapers are carrying reports about dehumanizing torture, assault, rape and death in custody of police or other governmental agencies. The incidence of torture and death in custody has increased to such an alarming proportion that it is affecting the credibility of the rule of law and the administration of criminal justice system. Custodial death is perhaps one of the worst crimes and India is no exception to it.

A number of cases have come up before the courts about police brutalities like custodial torture, custodial deaths and gang-rape in police custody,3 use of third degree method,4 outraging the modesty of women, handcuffing5 the under trial and accused persons out of sheer vindictiveness to disgrace, fake encounters and repressive measures of police during antiterrorist operations. These violations have drawn the attention of the public, media and National Human Rights Commission. Indian Courts have a history of safeguarding an individual’s rights and liberty even in the worst possible situations. In the area of custodial deaths, the courts have come down heavily on erring police officers.

Law Review Journal, Protection, Indian Police, Human Rights, Critical Study, Human rights, Freedom, Struggle, Constitutional Rights, Universal Declaration, National Human Rights Commission.