MBA Journals Peer-reviewed management research from Consortium e-Learning Network

NOLEGEIN Journal of Corporate & Business Laws

Custodial Violence on Undertrial Prisoners Is Biggest and Hidden Threat to Human Rights: Legal Implications and Global Concern

  1. RASHMI SAHAY
  2. Manik Chakraborty

Abstract

Torture has existed for as long as humans have. Torture in custody, which might result in the accused's death, is not a new phenomenon; it has long been a practice. A person who has been detained while being investigated, examined, or tried for a crime they are suspected of committing is known as a "under-trial." The percentage of undertrial inmates held in jails for more than a year has increased dramatically along with the percentage of cases awaiting court verdict. Undertrial defendants held in overcrowded jails without accusation or trial is a failure of our democratic society and the rule of law. Concerns regarding jail infrastructure and inmate care have surfaced again in the wake of the death of an undertrial prisoner while in police custody. This research examines the legal ramifications of torture in custody for detainees pending trial, with a particular focus on the rights of such prisoners. One of the many issues that are included under the general heading of human rights violations is custodial violence.  The study looks at the current legal system and makes recommendations for changes to address the issue while maintaining the proper implications of human rights. Some of these changes include making law enforcement agencies more accountable, fortifying detainee legal protections, and restructuring the criminal justice system.
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