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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.
- 12
- 24
- 48
- 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.