No Plans To Enact Legislation To Prevent Custodial Torture: Govt Tells In Lok Sabha [Read Statement]

The Minister of State in the Ministry of Home Affairs, G Kishan Reddy, informed the House that the Indian Penal Code provides punishment for such offences and it has no plans to bring in a separate legislation.

The clarification comes in response to question solicited by DMK MP Kanimozhi Karunanidhi. He had asked if the Government was considering to bring a legislation to prevent torture of individuals by police and public officials.

"There is no proposal to bring a legislation in this regard," the Minister said.

He further informed the House that "Police" and "Public Order" are State Subjects under the Seventh Schedule to the Constitution of India and it is primarily the responsibility of the State Governments to ensure compliance of law and protect life and property of people.

It is pertinent to note that the SC has decided to revive the DK Basu Case to consider the requests for issuance of fresh guidelines to curb custodial violence, in the backdrop of increasing trend of normalizing of custodial deaths. One such hideous incident that shook the grounds of custodial death happened in Tamil Nadu when the father-son duo of Jayaraj and Bennix were beaten to death.

Last year, the Top Court had dismissed the plea of Former Law Minister and Senior Advocate Dr. Ashwani Kumar, seeking a direction to Central Government to enact a standalone comprehensive legislation against custodial torture.

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Inputs by Ayushi Mishra