India prides itself on its long-standing commitment to peace, non-violence, and human dignity. 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.
The Reality Of Police Brutality
Despite the lofty ideals espoused by the government, police brutality remains a pervasive issue. The police, who are meant to serve and protect citizens, often become a symbol of corruption, impunity, and unchecked violence.
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. Yet, they point to a deeply ingrained culture of torture and abuse within the Indian policing system. 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.
A System Of Impunity & Injustice
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.
The failure to prosecute and convict police officers responsible for torture and deaths in custody is another major obstacle to justice. 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 systemic failure to punish perpetrators allows police officers to act with a sense of immunity, knowing that they are unlikely to face any consequences for their actions.
The situation is made even worse by the widespread corruption within the Indian police force. In many cases, officers are motivated by personal interests, political influence, or bribery, rather than a genuine desire to uphold the law. This corruption further erodes public trust in law enforcement and contributes to a culture of violence and abuse.
A Shortcut To Justice
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. Long delays in trials and low conviction rates in courts have created a perception that police violence is sometimes the only way to get justice quickly.
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 reflects a disturbing public sentiment: the belief that the ends justify the means, especially when the police target individuals perceived as criminals.
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, and their suffering is often ignored or minimised.
A Clear Pattern of Discrimination
One of the most disturbing aspects of police brutality in India is the targeting of marginalised communities. Muslims, Dalits, Scheduled Tribes (STs), and women often bear the brunt of custodial abuse.
A study by the NCAT found that people from these communities were more likely to experience police violence, with many subjected to physical and sexual torture while in custody. The poor are particularly vulnerable, as they are often unable to seek legal redress or defend themselves against the police.
‘The poor are easy targets. For the police, the torture or death of the poor comes with no consequence,’ said Pandiyan, a lawyer and part of the organisation Witness For Justice, which works with victims of incarceration violence in Tamil Nadu. His statement underscores the deep-rooted class and caste biases within the Indian policing system. For the police, violence against the poor is often seen as justified or even necessary to maintain order despite the brutality involved.
The lack of public outcry over such abuses indicates a broader societal issue. While the death of George Floyd in the United States sparked global protests and calls for police accountability, similar incidents of police violence in India have often gone unnoticed or, worse, have been excused.
This is compounded by the fact that police violence often enjoys tacit support from the privileged classes, who remain unaffected by the brutality and are more likely to view the victims as deserving of their fate.
Reforms & Accountability
The road to ending police brutality in India requires systemic reform and a commitment to upholding human rights. The Government of India must take concrete steps to ratify the United Nations Convention Against Torture and pass national anti-torture legislation to criminalise torture as a distinct crime. The Indian police force must also undergo extensive training to ensure officers have the tools to de-escalate situations without resorting to violence.
Moreover, there is an urgent need for greater transparency and accountability in law enforcement. Independent oversight bodies must be established to investigate allegations of police abuse, and police officers who are found guilty of torture or extrajudicial killings must be held accountable.
The judicial system must also play a more active role in holding police officers responsible for their actions; courts must ensure that those who commit crimes while in uniform are prosecuted and convicted.
Most importantly, it is essential to address the systemic inequalities that underpin police brutality. Efforts must be made to ensure that marginalised communities—Dalits, Muslims, and Indigenous peoples—are not disproportionately targeted by law enforcement. Public awareness campaigns and legal aid programs must also be developed to empower these communities and ensure their voices are heard in the fight for justice.
Police brutality in India is a deeply entrenched issue that requires urgent attention and reform. While the country has long prided itself on its commitment to peace and non-violence, the reality is far from ideal.
With widespread impunity, systemic corruption, and a lack of accountability, the Indian police force continues to act with little fear of consequence. To build a more just and equitable society, India must confront this issue head-on, ensuring that its police serve to protect citizens rather than oppress them.
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