Custodial Torpure under International and Indian Legal system Vol.1 &2

Custodial torture, the worst form of human rights abuses is a world-wide phenomenon from which no country is immune.

The present book, divided in two volumes provides an objective and dispassionate analysis of this issue under International Law and Indian Law, the major focus being on the custodial torture under United Nations System, European System, American System and Indian System.

The study examines the phenomenon of torture, its historical context, its meaning and definitional aspects, factors which cause torture and various forms of torture in the context of the latest developments in the fields of science, technology, medicine and bio-chemistry.

The book deals with the theory and practice of torture in the international, regional and national context.

Here it further studies the international, regional and national legislations aimed at curbing the practices of custodial torture.

It further examines the working of various international, regional as well as national human rights supervisory and monitoring bodies who keep watch on implementation of anti-torture legislations. Volume II of the book deals custodial torture with special reference to India. Here an intensive examination of the pro-human rights and anti-torture constitutional and legal provisions is made. A comparative study between the human rights available under the international human rights treaties and the fundamental human rights enshrined in the Indian Constitution is made here. In the scheme of the present study, the implementation and enforcement of international human rights standards is presented and then an attempt is made to identify the main areas of conformity and deficiencies in the Indian criminal systems vis-a-vis the international norms established under the UN human rights regime. In view of the deficiencies examined, the study proceeds further to develop a critical assessment of the Indian criminal justice system and its law enforcement system in the context of custodial torture. The book also examines as to how the Indian Supreme Court has played a significant role in enhancing the meaning and scope of right to life including right to freedom from torture through its various revolutionary judgements and how it acts as a crusader against custodial crimes through its unique weapon of judicial activism. The last and concluding chapter suggests various remedial measures to combat custodial torture and carries concluding observations.