Police Brutality Is Endemic

MC

In recent years, the Attorney General of India delivered a speech at the United Nations Human Rights Council during the country’s Universal Periodic Review, stating that torture has no place in the governance of the nation. ‘India, he said boastfully, ‘believes in peace, non-violence, and upholding human dignity.’ He added, ‘As such, the concept of torture is completely alien to our culture.’

These words were meant to convey India’s commitment to human rights. However, the reality of police brutality in India paints a starkly different picture. The issue of police violence, especially against marginalised communities, is a systemic problem that demands urgent attention.

For many Indians, particularly the poor and marginalised, the police are feared and distrusted rather than respected. ‘You don’t argue with police’ is a common phrase heard across the country, highlighting the pervasive sense of intimidation that law enforcement strikes into the hearts of ordinary people.

According to the National Human Rights Commission (NHRC), between 2018-19 and 2020-21, over 1,189 individuals were tortured in police custody, and 348 died as a result of police brutality. Many believe that these figures are grossly underestimated. Tragically, the Indian government’s failure to ratify the United Nations Convention Against Torture (UNCAT) and pass a national anti-torture law further reinforces the cycle of abuse and impunity.

One of the most significant issues contributing to police brutality in India is the lack of accountability. The country has yet to criminalise torture as a distinct crime despite numerous calls for legal reforms.

The Law Commission of India presented the Prevention of Torture Bill in 2017, but it remains without a clear and enforced legal framework to hold police officers accountable for acts of brutality; the system encourages abuse and perpetuates impunity.

Between 2005 and 2018, despite the deaths of more than 500 individuals in police custody, there was not a single conviction in these cases. The situation is made even worse by the widespread corruption within the Indian police force.

Despite the shocking prevalence of police brutality, many people in India, particularly those from more privileged backgrounds, view the use of excessive force by the police as a necessary evil.

In a country where the criminal justice system is often slow, inefficient, and bogged down by bureaucracy, many view police brutality as a shortcut to justice. According to the 2018 ‘Status of Policing in India’ report by Common Cause and the Centre for the Study of Developing Societies, 44 per cent of respondents expressed fear of the police. Many have reported direct knowledge of police torture, arbitrary firing, and the use of excessive force.

Paradoxically, however, the same report also found that nearly half of Indians felt police brutality against criminals was acceptable. This mindset is particularly problematic when considering the systemic abuse faced by marginalised groups.

According to a report by the National Campaign Against Torture (NCAT), 60 per cent of those who died in police custody in 2019 were from impoverished and disadvantaged groups, including Muslims, Dalits, and Indigenous tribal communities. These groups, who are already socially and economically disadvantaged, are disproportionately targeted by law enforcement.

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Vol 57, No. 40, March 30 - Apr 5, 2025