Custodial torture and police abuse in India expose urgent need for accountability

Team Finance Saathi

    15/Apr/2025

What's covered under the Article:

  1. Two recent high-profile police brutality incidents expose systemic custodial torture across India.

  2. A major Common Cause report reveals many police personnel justify torture during duties.

  3. Call for urgent reforms in police training, accountability, and dismantling colonial policing legacy.

India’s criminal justice system continues to wrestle with an alarming issue — custodial torture and brutality by law enforcement authorities. Recent incidents, involving both the Delhi police at IGI Airport and the Punjab police in Patiala, have stirred public consciousness and judicial concern over the growing impunity enjoyed by police personnel.

On April 8, 2025, a Delhi magistrate directed an FIR to be filed against an inspector at the Indira Gandhi International (IGI) Airport who allegedly tortured a man accused of forging a passport. In a shocking twist, the incident reportedly involved collusion with a junior resident doctor, amplifying concerns of institutional decay and ethical compromise. This order, prompted by the magistrate, is a rare but welcome assertion of judicial oversight over police excesses.

Just weeks earlier, on March 13, three Punjab police inspectors allegedly assaulted a serving Indian Army colonel and his son over a minor parking issue near a hospital in Patiala. These officers, believed to be intoxicated, not only physically attacked the colonel but also threatened his family — indicating a terrifying level of arrogance and disregard for legal norms. Notably, the FIR in this case was filed only on March 22, and that too under pressure after the victim’s wife approached the Ministry of Defence in New Delhi.

These episodes are not isolated. Rather, they are reflective of a larger, deeply entrenched issue — the culture of impunity among India’s police forces.


Democracy and Law Cannot Coexist with Unchecked State Violence

The use of torture — either sanctioned or ignored — reveals a dangerous pattern in Indian policing. Instances of "encounter killings", where suspects are executed extra-judicially to circumvent lengthy legal proceedings, further illustrate how state force is being weaponized in direct violation of constitutional values.

Such actions erode the foundation of Indian democracy, where law enforcement is expected to function within defined legal boundaries, not above them. Unfortunately, the frequent political patronage enjoyed by police personnel often shields them from accountability.


Common Cause and CSDS Police Report: Alarming Insights

Released on March 26, a detailed study conducted by Common Cause (CC) in collaboration with the Centre for the Study of Developing Societies (CSDS) presents a sweeping and data-rich view into how police in India perceive their role and responsibilities.

The report is based on interactions with over 8,000 police personnel across 17 states, ranging from constables to IPS officers, and includes interviews with doctors, lawyers, and judges who routinely deal with the police force.

One of the most concerning findings of the report is that a significant number of police personnel believe that torture is justified during the course of their duties. Even more alarming, many of them feel they should be allowed to use force without fear of punishment. This cultural normalization of violence is a threat to the constitutional mandate of policing in India.


Not All States Are Equal: Kerala vs Jharkhand

Interestingly, the report highlights regional disparities in policing standards and behavior:

  • Kerala topped the charts with 94% of its police personnel showing adherence to lawful procedure and professionalism.

  • On the other end, Jharkhand recorded the lowest score, with only 8% showing compliance with ethical norms.

This variance suggests that while systemic flaws exist nationwide, some states have instituted relatively effective training and monitoring mechanisms — a model that could guide reforms elsewhere.


Disturbing Stereotypes and Biases in Police Perception

Among the more dangerous predispositions uncovered in the report is the belief among police that certain communities are “naturally prone to crime.” As per Table 2.11 in the study:

  • 22% of respondents named rich and powerful individuals as those likely to commit crimes.

  • 18% identified Indian Muslims, a deeply concerning statistic indicating entrenched religious profiling.

  • Slum dwellers and migrants, making up a further 25%, were also viewed with suspicion.

This reveals how policing in India is skewed by class, caste, and religious biases — posing a grave risk to India’s social cohesion and internal security.


Signs of Hope: Training Seen as Crucial

Despite the bleak findings, there is a sliver of hope. A majority of police personnel surveyed agreed that:

  • Training on human rights (79%)

  • Prevention of torture (71%)

  • Evidence-based interrogation techniques (79%)

...are all “very important” in modern policing. Even 70% of those who justify torture admitted the need for better training and reforms.

This suggests that with the right institutional push and political will, there is room for transformational change.


The IPS and the Colonial Legacy

The Indian Police Service (IPS), entrusted with leading the police force, continues to operate under a colonial-era framework — one that prioritizes order over rights and compliance over accountability. The need for policy reforms, especially in terms of legislation and police training, has long been evident but ignored due to political inertia.

The Vohra Committee Report (1993) had exposed the criminal-politician nexus, which still stifles genuine reform. As long as politicians use the police as tools of suppression rather than instruments of justice, true change will remain elusive.


Urgent Need for Reform: A National Imperative

The examples of the IGI Airport custodial case and the Colonel Bath incident in Patiala are just two of many. Every year, hundreds of such cases occur — many unreported, many unpunished.

The Common Cause-CSDS report offers a valuable roadmap. What is needed now is serious introspection by those at the helm of India’s internal security apparatus.

Casual and callous police torture must not become normalized in the world’s largest democracy.


Conclusion: A Call to Action

India stands at a crossroads. To maintain its identity as a democracy grounded in justice and constitutional values, it must redefine how policing is practiced across the country. The public trust in law enforcement is dangerously low, and only accountability, transparency, and training can restore it.

The government, judiciary, civil society, and the police leadership must come together to:

  • Ensure swift and impartial action against police brutality

  • Institutionalize human rights training and oversight mechanisms

  • Revise outdated laws and abolish colonial-era practices

Only then can India build a humane, professional, and democratic police force — one that serves, protects, and upholds the rule of law for all.

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