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the Observatory for Human Rights

India: the death penalty for nine police officers will not end custodial torture.




Even though this judgment appears to be a good move towards ensuring justice, according to Amnesty International, it fails to solve the root cause of custodial torture in India.

India has provisions in its law to ensure that this will not happen. India already has laws in place. According to the Criminal Procedure Code, prisoners are required to have medical examinations, have appearances made before magistrates within 24 hours, and there needs to be an investigation in case of deaths in custody. But these laws are usually not followed or implemented properly, which is one of the principal reasons for the persistence of custodial abuse, even with the presence of laws.


There is another equally important problem: that of accountability. Investigations in such cases are poor, and there are very few convictions. Consequently, the families of victims find it extremely difficult to get justice.


Also, the imposition of the death penalty in this matter has been highly controversial. According to human rights agencies, this punishment is an ineffective deterrent against torture and merely diverts attention from the need for reform.


Thus, in conclusion, although this judgment might secure justice in this case, it still fails to address the underlying problem. The custodial abuse in India will persist as long as there is no effective implementation of laws.




written by Megi Likmeta

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