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Discuss the significance of Implementation of DK Basu judgments with respect to custodial deaths in India.

Topic: Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity

3. Discuss the significance of Implementation of DK Basu judgments with respect to custodial deaths in India. (250 words)

Reference: Indian Express 

Why the question:

The article highlights how Implementation of DK Basu judgments, monitoring by civil society, can protect against custodial torture, death.

Key Demand of the question:

Explain and discuss in detail the issue of custodial death in the country and in what way of Implementation of DK Basu judgments holds great significance in addressing the issue.

Directive:

Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Structure of the answer:

Introduction:

In brief quote the recent incident of custodial death that was witnessed in the State of Tamil Nadu.

Body:

Custodial torture is a naked violation of human dignity and degradation which destroys, to a large extent, the individual personality.

Talk about the implementation of Section 176(1A) of the CrPc, which calls for a mandatory judicial inquiry related to incidents of death, disappearance, rape etc. in police and judicial custody.

Discuss the types of Custodial Violence and its illegitimate use in the country.

Explain the relevance and details of the D K Basu judgement with respect to it. D.K. Basu v. State of West Bengal: Under this case, the Supreme Court of India observed in this widely publicized death in police custody that using torture to impermissible and offensive to Article 21. 

Conclusion:

Conclude with importance and way forward.