polity hard Fill in the Blank

The Supreme Court has interpreted Article 21 to require protection from custodial torture, with guidelines including medical examination of arrestees, recording of arrest details, and production before magistrate within ______ hours to prevent abuse and ensure accountability.

  1. 12
  2. 24
  3. 48
  4. 72

Answer: 24

Custodial justice and dignity: (a) Constitutional basis: Article 21 (right to life includes dignity) interpreted to require protection from custodial torture, abuse, (b) D.K. Basu guidelines (1997): Landmark judgment laying down procedural safeguards for arrest, detention: (i) Medical examination of arrestee at time of arrest and every 48 hours, (ii) Recording of arrest details: Time, place, persons informed, (iii) Production before magistrate within 24 hours (excluding travel time) as per Article 22(2), (iv) Right to inform family/friend, access to legal aid, (c) Applications: (i) Police reforms: Training on rights-based policing, accountability mechanisms for custodial violence, (ii) Judicial monitoring: Courts monitor compliance with D.K. Basu guidelines in habeas corpus, torture cases, (iii) Compensation: Victims of custodial torture entitled to compensation under Article 21, (d) Challenges: (i) Implementation: Ensuring police compliance with guidelines, especially in remote areas, (ii) Awareness: Arrestees, families aware of rights, procedures to prevent abuse, (iii) Accountability: Effective investigation, prosecution of custodial violence cases, (e) Illustrates dignity-centric constitutionalism: Article 21 interpreted to protect human worth even in custody; procedural safeguards operationalize constitutional values of dignity, accountability.

Topic Article 21 - Right to Dignity and Custodial Justice
Exam Relevance Custodial justice and dignity critical for UPSC Mains and Judiciary exams