RIGHT TO LIFE BEHIND BARS AND LEGAL FRAMEWORK TO PREVENT CUSTODIAL DEATH

Custodial death — the loss of human life within state custody — constitutes one of the gravest
violations of fundamental human rights in any democratic society. In India, hundreds of deaths
occur annually in police lock- ups and judicial remand facilities, yet convictions remain
abysmally low, revealing a critical gap between constitutional guarantees and ground-level
reality.
This project examines the constitutional, legislative, judicial, and international mechanisms
designed to protect the right to life of persons in state custody. Anchored in Article 21 of the
Constitution of India, the research traces the historical roots of custodial violence from the
colonial era to the present, analyses relevant statutory frameworks (CrPC, IPC, BNSS, PHRA),
scrutinises landmark Supreme Court decisions (D.K. Basu, Nilabati Behera, Joginder Kumar),
and situates Indian practice within international human rights standards (CAT, ICCPR, Nelson
Mandela Rules).
Empirical data from NCRB reports and NHRC documentation reveal that custodial deaths
disproportionately affect the poor, Dalits, Adivasis, and religious minorities. The research
concludes with concrete recommendations for legal reform and institutional change, arguing
that preventing custodial death requires not merely legislative action but a fundamental
transformation in law enforcement culture.

Keywords: Custodial Death, Right to Life, Article 21, Police Custody, D.K. Basu Guidelines,
Torture, Human Rights, NHRC, Criminal Justice, Accountability.