Score:
6.5/10
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Topper’s Copy
GS2
Indian Polity
10 marks
Custodial deaths reflect deeper structural issues in India’s policing system.
Discuss the causes of custodial violence and suggest measures to ensure accountability and protection of human rights.
Student’s Answer
Evaluation by SuperKalam
Demand of the Question
- Discuss causes of custodial violence in India's policing system
- Suggest measures to ensure accountability and protection of human rights
- Connect to structural issues in policing system
What you wrote:
Parliamentary data (March 2026) shows 170 custodial deaths in the 2025-26 financial year. Recent NHRC data also highlights persistent custodial deaths underscoring a critical failure in upholding Article 21.
Parliamentary data (March 2026) shows 170 custodial deaths in the 2025-26 financial year. Recent NHRC data also highlights persistent custodial deaths underscoring a critical failure in upholding Article 21.
Suggestions to improve:
- Could contextualize structural nature by mentioning colonial legacy and institutional design flaws (e.g., police as state subject under List II but central laws governing procedures)
- Can add brief mention of constitutional mandate vs. ground reality gap
What you wrote:
Causes of Custodial Violence
1. Colonial mindset: 1861 Act prioritises "Control" over "rights".
2. Legislative gaps: failure to ratify UNCAT -> no specific anti-torture law.
3. Systemic Stress: Understaffing + high workload = reliance on "third degree".
4. Impunity: Near zero conviction rate for police - lack of independent oversight.
5. Political Pressure: Demand for "quick results" leads to bypassing due process.
Causes of Custodial Violence
1. Colonial mindset: 1861 Act prioritises "Control" over "rights".
2. Legislative gaps: failure to ratify UNCAT -> no specific anti-torture law.
3. Systemic Stress: Understaffing + high workload = reliance on "third degree".
4. Impunity: Near zero conviction rate for police - lack of independent oversight.
5. Political Pressure: Demand for "quick results" leads to bypassing due process.
Suggestions to improve:
- Could elaborate on structural issues by discussing police as state subject under Entry 2, List II creating coordination challenges with central human rights laws
- Can add constitutional conflict between Article 21 (right to life) and Article 22 (protection against arbitrary arrest) showing systemic gaps
- Could mention specific cases like Nilabati Behera vs. State of Orissa (1993) establishing state liability for custodial deaths
What you wrote:
Solutions
6. Legal: Ratify UNCAT & enact a dedicated anti torture law.
9. Structural: Separate investigation from law & order eg. Prakash singh case (2006).
10. Technological: Strict enforcement of Paramvir singh saini. (CCTV with audio/night vision).
11. Procedural: Mandatory adherence to D.K. Basu Guidelines, arrest memos (medical checks).
12. Oversight: Empower NHRC/SHRC for surprise, independent inspection.
13. Training: Shift focus to scientific forensics & human rights sensitization.
Solutions
6. Legal: Ratify UNCAT & enact a dedicated anti torture law.
9. Structural: Separate investigation from law & order eg. Prakash singh case (2006).
10. Technological: Strict enforcement of Paramvir singh saini. (CCTV with audio/night vision).
11. Procedural: Mandatory adherence to D.K. Basu Guidelines, arrest memos (medical checks).
12. Oversight: Empower NHRC/SHRC for surprise, independent inspection.
13. Training: Shift focus to scientific forensics & human rights sensitization.
Suggestions to improve:
- Could strengthen accountability measures by mentioning Police Complaints Authority as recommended in Prakash Singh judgment for independent oversight
- Can add mandatory magisterial inquiry within 24 hours for custodial deaths as per Supreme Court directions
- Could discuss compensation mechanism established in Nilabati Behera case for victim families ensuring state accountability
What you wrote:
India must transition to rights based policing to achieve the SDG16 goal of providing access to justice for all citizens.
India must transition to rights based policing to achieve the SDG16 goal of providing access to justice for all citizens.
Suggestions to improve:
- Can conclude by emphasizing constitutional imperative of transforming police from colonial control mechanism to constitutional protector of rights
- Could mention need for comprehensive police reforms as recommended by various commissions (Ribeiro Commission, Padmanabhaiah Committee) to address structural issues
Strong factual foundation and comprehensive coverage of causes and solutions. However, missed connecting individual points to the broader "structural issues" theme and needs stronger constitutional/legal backing for arguments. Good practical understanding of policing challenges.
Demand of the Question
- Discuss causes of custodial violence in India's policing system
- Suggest measures to ensure accountability and protection of human rights
- Connect to structural issues in policing system
What you wrote:
Parliamentary data (March 2026) shows 170 custodial deaths in the 2025-26 financial year. Recent NHRC data also highlights persistent custodial deaths underscoring a critical failure in upholding Article 21.
Parliamentary data (March 2026) shows 170 custodial deaths in the 2025-26 financial year. Recent NHRC data also highlights persistent custodial deaths underscoring a critical failure in upholding Article 21.
Suggestions to improve:
- Could contextualize structural nature by mentioning colonial legacy and institutional design flaws (e.g., police as state subject under List II but central laws governing procedures)
- Can add brief mention of constitutional mandate vs. ground reality gap
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