“Justifying Torture”: Alarming New Report Reveals Deep-Rooted Police Biases in India’s Justice System

By Ronald Kapper
Published on July 7, 2025

Introduction

A disturbing pattern has emerged from the State of Policing in India Report (SPIR) 2025, released last week by the Commonwealth Human Rights Initiative (CHRI) and Lokniti-CSDS. The report reveals that a significant proportion of India’s police personnel still rationalize custodial torture and mob violence, especially in cases involving sexual assault and marginalized communities.

According to the data:

• 20% of police officers believe torture is “very important” during investigations.

• 35% feel torture is “somewhat important.”

• 27% justify mob violence in cases of sexual assault.

The implications are staggering. Not only do these findings question the operational ethics of law enforcement, but they also reflect a broader systemic failure in policing culture, training, and accountability mechanisms.

This report goes beyond the numbers. We explore personal testimonies from survivors, insights from retired officers, and reactions from legal experts to paint a fuller picture of why custodial abuse and vigilante justice remain alarmingly normalized across various states.

The Data Behind the Mindset

The SPIR 2025 survey, conducted across 20 Indian states and UTs, gathered responses from over 11,000 serving police personnel. It is perhaps the most detailed study yet on internal attitudes within India's law enforcement community.

Among the key findings:

• Nearly 1 in 4 officers condone the use of violence to extract confessions.

• A majority of respondents in Uttar Pradesh, Bihar, and Madhya Pradesh said they saw “nothing wrong” with roughing up suspects from certain communities if it led to faster case resolution.

• A high tolerance for caste- and religion-based bias was also evident, with many officers admitting that their perceptions of “guilt” were often influenced by socio-economic or religious identity.

Read the full SPIR 2025 Report here:
👉 Commonwealth Human Rights Initiative - SPIR 2025

Human Rights on the Line: Case Studies from the Ground

Case 1: The Auraiya Custodial Death – Uttar Pradesh (2024)

Ravi Kumar, a 32-year-old Dalit man, died in custody less than 24 hours after being picked up for a petty theft investigation. His family alleges he was beaten mercilessly with belts and lathis. The local police initially claimed he had "slipped in the bathroom", but an autopsy later confirmed internal bleeding due to blunt-force trauma.

Local activist Savita Yadav, working with the People's Union for Civil Liberties (PUCL), shared:
"Ravi’s case isn’t an anomaly. In rural UP, suspects from marginalized castes are routinely tortured, and complaints rarely reach courts."

Case 2: The Palghar Mob Lynching – Maharashtra (2020)

Though an older case, it resurfaces in public memory in the context of mob justice and police complicity. Two sadhus and their driver were lynched by a mob in Palghar while police stood by, unable or unwilling to intervene. Investigations later revealed delays in police response and poor crisis training.

This incident exemplifies how mob violence is often perceived as justice by proxy, especially when public trust in formal judicial processes erodes.

Why Do Officers Justify Torture?

According to Dr. Ayesha Mehta, a criminologist at Tata Institute of Social Sciences (TISS), the root causes are multilayered:

1. Training Gaps: Most constables receive limited training in non-violent interrogation techniques.

2. Colonial Legacy: India's policing system still mirrors structures created for repression rather than community service.

3. Case Load Pressure: With thousands of pending investigations and court backlogs, officers often feel pressure to "resolve" cases quickly — even if that means coercion.

4. Public Demand for Revenge: In high-profile cases, particularly involving sexual violence, public and political pressure can create an environment where shortcuts are valorized.

Legal Experts Sound the Alarm

The data has sparked strong reactions from civil society and legal experts.

Vrinda Grover, senior advocate at the Supreme Court of India, said:
"Torture is not only morally unacceptable — it’s illegal under both Indian law and international conventions. The SPIR report must be treated as a wake-up call."

India remains one of the few democracies not to ratify the UN Convention Against Torture, despite repeated promises and proposed legislation. The Prevention of Torture Bill, introduced multiple times in Parliament, has never passed.

The Impact on Justice: When Bias Shapes Enforcement

The report also sheds light on how religious and caste biases influence arrests and treatment in custody. In states like UP, Jharkhand, and Gujarat, a significant percentage of officers admitted to believing that members of certain religious communities are “more likely” to be involved in crime.

This has far-reaching implications:

• Higher custodial deaths among Dalits and Muslims.

• Increased wrongful arrests.

• Erosion of public faith in impartial justice.

The 2023 India Custodial Deaths Report by National Campaign Against Torture (NCAT) documented 147 custodial deaths across India in that year alone — many with no FIR filed against the offending officers.

Reform or Rhetoric? What Needs to Change

To address this crisis, experts and activists recommend the following urgent reforms:

1. Mandatory CCTV coverage in all police stations — with real-time monitoring by independent human rights commissions.

2. Fast-track prosecution of officers involved in custodial torture.

3. Regular human rights training and re-sensitization workshops for all police ranks.

4. Inclusion of psychology and de-escalation techniques in police academies.

5. Revival of the Police Complaints Authority, mandated by the Supreme Court but poorly implemented in most states.

Voices from Within the Force

Interestingly, not all police officers endorse the status quo. A retired Maharashtra IPS officer, who wished to remain anonymous, told LawStudy.com:
"There are brilliant, honest officers trying to change the system from within. But when political patronage protects the guilty, reform becomes difficult. Until the police is insulated from politics, nothing will change."

Conclusion: A Test of India’s Commitment to Rule of Law

The SPIR 2025 report is more than just a collection of data. It is a mirror held up to the soul of India's criminal justice system — exposing dark corners long ignored. From caste and communal bias to a culture of impunity, the problems are not isolated; they are systemic.

Whether the government, judiciary, and police leadership rise to the challenge will determine whether India can genuinely uphold the constitutional promise of equality, dignity, and justice for all — or whether fear and violence will remain tools of control masquerading as justice.