India’s policing crisis: report reveals torture, impunity, and deep-rooted bias

NEW DELHI, India (MNTV) — A new report has laid bare the deep structural rot within India’s law enforcement system, revealing widespread acceptance of custodial torture, significant lapses in accountability, and disturbing levels of communal bias within the ranks of the police.

The study, released jointly by the Delhi-based research group Common Cause and the Lokniti Programme at the Centre for the Study of Developing Societies (CSDS), is one of the most comprehensive in recent years.

Based on a survey of 8,276 police personnel across 17 Indian states and union territories, the report sheds light on the alarming normalization of violence and prejudice in policing culture.

Among the most jarring revelations: one in four Indian police personnel expressed support for mob justice in cases involving sexual harassment or child kidnapping. A staggering 22 percent agreed that killing “dangerous criminals” without trial is preferable to going through the legal system.

The endorsement of extrajudicial methods over due process is symptomatic of a deep mistrust in the judiciary, which many officers see as too slow or ineffective.

Endemic Violence and Justification of Torture
The report underscores that police violence is not just a product of individual misconduct—it is part of a larger, systemic failure.

More than half of the police surveyed (55%) said it was important to use “tough methods” to instill fear in the public, with 20 percent saying it was “very important” and 35 percent saying it was “somewhat important.”

India signed the United Nations Convention Against Torture in 1997 but has yet to ratify it. This means international legal obligations remain non-binding, further weakening safeguards against the use of torture.

The definition of torture under the UN Convention includes physical or mental pain intentionally inflicted by state officials for purposes such as punishment, confession, or coercion.

Despite legal safeguards, custodial violence continues to be pervasive and often goes unpunished. In 2022, over half of the deaths in police custody occurred within the first 24 hours of arrest, according to data from the National Crime Records Bureau (NCRB). In Gujarat, that number was a shocking 96 percent over a five-year period.

Lack of Accountability and Transparency
One of the most disturbing findings is the near-total absence of accountability. Between 2018 and 2022, police officers were charged in only 10 percent of reported custodial death cases. Of those, only 12 percent progressed to formal charges, and not a single conviction was recorded during this five-year period.

Judicial inquiries—legally mandated in all custodial death cases—were conducted in only 35 percent of instances in 2022.

This systemic failure is further compounded by discrepancies in official data. In 2020, while the NCRB recorded 76 custodial deaths, the National Human Rights Commission (NHRC) reported 90, and an independent civil society group, the National Campaign Against Torture, documented 111. The lack of standardized reporting has made it nearly impossible to grasp the true scale of the crisis.

The report attributes these failings to not just the police, but also to magistrates, medical officers, and oversight bodies. Doctors often fail to document signs of torture, and magistrates tend to play passive roles rather than probing deeper into custodial abuses.

Even the NHRC, India’s top human rights watchdog, was criticized for its “coloured attitude” toward victims of torture and its failure to clearly define the term.

A Culture of Islamophobia
Beyond institutional violence, the report reveals troubling levels of communal bias among police personnel. A significant portion of the force holds Islamophobic views, believing Muslims are “naturally prone to committing crimes.”

This perception is particularly prevalent among Hindu police officers and most pronounced in states like Delhi, Rajasthan, Maharashtra, West Bengal, Gujarat, and Jharkhand.

In Delhi, the national capital, officers were the most likely to believe that Muslims are inclined toward criminal behavior to a “great extent.”

The study found that Muslim men suspected of terrorism are often subjected to forms of torture specifically designed to humiliate their religious and masculine identity—a tactic that academic scholarship cited in the report says is aimed at intimidating the entire community.

Notably, these views exist alongside the perception that Muslims are more likely to receive justice, a contradiction the authors say reflects internalized stereotypes rather than ground reality.

Independent studies of India’s prison demographics show overrepresentation of Muslims, suggesting systemic discrimination across the criminal justice system.

In states with stringent cow protection laws, such as Gujarat, Odisha, Rajasthan, and Maharashtra, police respondents showed disproportionately high support for mob punishment in related cases—highlighting how legal frameworks can reinforce communal biases.

Resistance to Reform
The report also outlines widespread resistance within the police force to any form of oversight or reform. Most officers surveyed believe that public complaints against them are “false and frivolous.” IPS officers—India’s top police officials—were among the least supportive of mandatory reporting of custodial torture by fellow officers.

Even judicial oversight in arrests and detention was widely rejected, revealing an institutional preference for unchecked powers. These attitudes not only erode public trust but also threaten the rule of law, creating space for impunity and abuse.

The report calls for urgent reforms, including stronger institutional safeguards, enhanced training, and deeper judicial engagement. Magistrates should interact more actively with detainees, and medical examinations during custody must become routine and rigorous.

It also recommends comprehensive, standardized data collection on custodial violence, as fragmented reporting undermines effective policy responses. Additionally, the study emphasizes the need to address embedded prejudices within the force through diversity training and community engagement.