Courts Abroad Reject India’s Prisons citing Police Brutality.
In February 2025, the High Court of Justice in London made headlines when it refused to extradite Sanjay Bhandari, an Indian national facing money laundering and tax evasion charges. The reason? The judges believed that custodial torture in India is not an exception but “commonplace and endemic.” Sending Bhandari back, they ruled, would breach his basic human rights.
This decision has sparked heated debate. Was the court unfairly tarnishing India’s law enforcement agencies? Or was it simply acknowledging a truth many in India already know?
Custodial Torture: The Numbers Tell the Story
The Annual Report on Torture 2019 by the National Campaign Against Torture paints a grim picture—five custodial deaths occur every day in India. Most of these, particularly in police custody, are linked to torture. Beatings, abuse, and forced confessions are not rare; they are routine. The UN Human Rights Office (2022) and the World Organisation Against Torture also confirm that violent methods are widely used by law enforcement as part of their investigative strategy.
Clearly, this is not about conjecture. The data shows a deep-rooted problem.
Why Violence Feels ‘Normal’
The real issue is cultural. Violence is baked into the functioning of law enforcement and, disturbingly, into society’s expectations. Popular films glorify cops who rough up suspects, and audiences cheer. This reflects a larger belief that “the end justifies the means”—that maintaining law and order is worth any price, even brutality.
French philosopher Michel Foucault described how power and control are maintained through fear. In India, this plays out as an uneven power dynamic between police and citizens, especially the marginalized. Communities like the Kuravars (a Dalit sub-caste) are routinely subjected to false cases and coerced confessions. Torture becomes a tool to show results, not necessarily to deliver justice.
Pressures Behind the Violence
It’s also important to recognize the pressures officers themselves face. India’s police-public ratio in 2022 was only 192 officers per lakh of population, far below global standards. Overburdened with cases, facing pressure from superiors, lacking proper forensic tools—frustration often spills over into aggression. Torture, then, becomes a shortcut: sometimes it doesn’t even matter if the real culprit is found, as long as it looks like the case is solved.
The Silence of the System
What makes this worse is how normalized torture has become. A slap, a kick, or hours of intimidation don’t even register as “torture” in public imagination. The judiciary is supposed to keep a check, but oversight often becomes a formality. Only when deaths occur, or when the violence shocks the conscience, do cases draw attention. Most others slip quietly under the radar.
India signed the UN Convention Against Torture back in 1997 but has never ratified it into domestic law. The government insists that existing laws are enough. But torture isn’t just “another crime.” It’s an abuse of state power, a betrayal of the duty of care owed to those in custody. Without a specific law on custodial torture, protections remain weak and accountability rare.
Why It Matters
When a court in London refuses extradition on the grounds of torture, it isn’t just embarrassing for India—it’s a wake-up call. Custodial violence is not just a legal issue, it’s a human one. Every slap, every forced confession, chips away at the rule of law.
India cannot afford to treat torture as business as usual. Ratifying the Torture Convention and passing a dedicated law are not symbolic steps—they are urgent necessities. Until then, India’s justice system will remain haunted by the shadow of its police stations.