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Indian Journal of Law and Human Behavior

Volume  10, Issue 2, July - Dec 2024, Pages 102-105
 

Review Article

Custodial Violence in Untouchable Castes: A Theoretical Background with Special Reference to Western Odisha

Karna Singh

Research Scholars, Sambalpur University, Burla 768019, Odisha, India
 

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DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.10224.5

Abstract

Custodial violence against scheduled castes and scheduled tribes is a serious concern in Indian society since it runs counter to the notion of social fairness. This scenario persists despite national laws, several human rights accords, and judicial standards as well as international law. Given the seriousness of the situation, it is vital to examine the threat from several perspectives in order to find a workable solution. The notion of Custodial Violence in India is examined in this research from a social and legal standpoint, with particular emphasis on SCs and STs. It makes the case that communities with less strength are more prone to become victims of such crimes. The exhaustive criminal law of the country provides for an array of provisions to safeguard the individuals, in the substantive law and by providing for procedure that prevent the police officials from arbitrary exercise of their power. With respect to the violence against SCs/STs, special legislations and provisions were enacted many years ago. On an international level, custodial violence has been seen as a matter of basic human right violation. Another important area through the issue has to be analysed is the role of judiciary in curbing the issue. The Apex Court in its judgments declared that any form of torture or cruelty, would be offensive to the dignity and constitute an inroad into the right to life of an individual through a plethora of judgments
 


Keywords : Custodial violence, untouchable, Jail, Dalit, SC/ST, atrocities
Corresponding Author : Karna Singh