Abuse of the Law When in Custody

While dealing with the Indian Penal Code (IPC) and the Indian Evidence Act, she points out that while the IPC criminalises certain acts that are tantamount to custodial torture by classifying them as aggravated forms of the general offences of rape, hurt, and intimidation, the law does not classify custodial killing as a separate or aggravated offence. S A R Geelani, a suspect in the Parliament attack case who was subsequently acquitted; Ramesh, a petty offender; a Sikh priest and political leader in insurgency-affected Punjab; a rape victim; two members of sexual minorities and an alleged Bangladeshi refugee. Other recommendations include abolition of immunity provisions in prosecutions for custodial offences and monetary compensation for custodial torture and enforced disappearances, medical examination of persons in custody (as is already provided for in India), etc. The author also advocates review mechanisms by the National Human Rights Commission or other designated agencies whose reports should form part of the country submissions to the United Nations.