Life Behind Iron Bars: The Public Secret of Authoritarian Impunity, Custodial Torture and the Failure of Human Rights Governance in India

Contemporary India faces the critical challenge of custodial violence, caught at the crossroads between the constitutional guarantee of life and liberty under Article 21 and the persistence of custodial torture behind the iron walls of the prison. Despite the existence of an extensive judicial and human rights framework, the state fails to uphold its obligation of guaranteeing liberty, dignity, and freedom to every citizen. This paper argues that custodial torture is not an isolated act of police brutality but reflects a deep institutional failure characterised by ineffective enforcement of human rights principles and lack of state accountability. To further this argument, the paper traces the historical evolution of custodial torture and the connection between colonial torture practices and contemporary custodial violence, analyses the present human rights framework, undertakes a detailed sociological and jurisprudential analysis of custodial torture, and highlights the urgent need for institutional reform. It concludes by proposing a four-step roadmap to strengthen prisoners’ rights and transform the prison system from a punitive to a reformatory model.