Source: The post India must choose justice through law not through torture has been created, based on the article “India’s police must get out of Dirty Harry’s shadow” published in “The Hindu” on 31st July 2025
UPSC Syllabus Topic: GS Paper 2- Governance- criminal Justice system,
Context: The article contrasts two policing styles—Sherlock Holmes’ logic-driven approach versus Dirty Harry’s violent tactics—to examine custodial practices in India. Triggered by the custodial death of Ajith Kumar in Tamil Nadu, it questions whether India should uphold democratic policing or tolerate impunity.
For detailed information on Custodial Violence in India read this article here
The Entrenched Culture of Custodial Violence
- Grim Custodial Death Statistics: Ajith Kumar’s death highlights rising custodial abuse. Between 2018–23, 687 people died in police custody—an average of 2–3 deaths per week. Gujarat (81), Maharashtra (80), and Tamil Nadu (36) reported high numbers.
- Torture Outside Legal Oversight: Many deaths are labelled suicides, accidents, or sudden illnesses. Torture happens off record—in police vans, abandoned buildings, or even cow sheds—evading CCTV surveillance and legal checks.
3.Targeting the Marginalised: Victims are mostly daily-wage workers, Dalits, tribals, migrants, and slum dwellers. This reflects systemic injustice, where class, caste, and power hierarchies shape abuse.
- Weak Systems and Public Apathy: 90% of the force lacks proper training and works under poor infrastructure and pressure to produce quick results. Disciplinary action is rare; convictions rarer. Public tolerance has turned impunity into unofficial policy.
Legal Frameworks and Their Gaps
- Supreme Court Safeguards Ignored: Despite clear safeguards in D.K. Basu (1996) and reaffirmation of dignity in K.S. Puttaswamy (2017), torture remains unchecked.
- Absence of an Anti-Torture Law: The Law Commission’s 273rd Report urged for a standalone anti-torture law, but it has not been enacted. India has not ratified the UN Convention Against Torture.
- India’s Global Reputation: In2025, India was labelled a “high-risk” country in the Global Torture Index—a serious indictment of its policing culture.
Why Torture Fails: Scientific and Empirical Evidence
- Neuroscience Disproves Effectiveness: Shane O’Mara’s research shows torture damages memory and cognition. Victims become incoherent and confess falselyto stop pain.
- Historic and Global Failures: During the Algerian War, the CIA’s black sites, and U.S. wrongful convictions, torture produced false or useless information. In Ajith’s case, his confession about hidden jewels was coerced.
- Investigative Work Proves Superior: The Osama bin Laden case was solved through surveillance and analysis, not coercion. The U.S. Senate reportdebunked the CIA’s interrogation techniques as ineffective and misleading.
Effective Alternatives to Coercion
- The PEACE Model’s Global Adoption: After the 1974 Birmingham bombings, the UK adopted the PEACE model. It uses rapport-building, open questions, and recorded interviews, reducing false confessions and improving accuracy.
- Success Stories from Other Countries: Norway, Canada, and New Zealand have successfully applied the model. In Norway, Anders Breivik confessed without threats. In the U.S., Najibullah Zazi cooperated when treated respectfully.
- Evidence from the U.S. HIG Group: The FBI-CIA-led HIG group confirmed through studies that non-coercive methods outperform torture in producing accurate intelligence.
A Democratic Choice for India
- Moral and Constitutional Responsibility: Torture is not just illegal—it’s a betrayal of democracy. Every beating is a wound to the state’s conscience.
- 2. Reform Is Urgent: India must ratify the UN convention, pass an anti-torture law, and adopt the PEACE model in police training.
- Choose Holmes, Not Harry: Since Holmes-style policing works, India must reject Dirty Harry tactics and uphold democratic, rights-based law enforcement.
Question for practice:
Examine the impact of custodial torture on democratic policing and discuss why adopting non-coercive investigation models is essential for India.
