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september 2019

Supreme Court of India · 2019-09-05

DR ASHWINI KUMAR vs UNION OF INDIA MINISTRY OF HOME AFFAIRS

Citation / case number
SC 2018/34505
Court
Supreme Court of India
Petitioner
DR ASHWINI KUMAR
Respondent
UNION OF INDIA MINISTRY OF HOME AFFAIRS
Author
HON'BLE MR. JUSTICE SANJIV KHANNA
Bench
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE INDU MALHOTRA

Judgment text excerpt

The Supreme Court addressed the need for a legislative framework against custodial torture, emphasizing that such acts violate Article 21 of the Constitution, which guarantees the right to life and personal liberty. The Court highlighted the significance of human dignity and referenced prior judgments, including D.K. Basu v. State of West Bengal and K.S. Puttaswamy v. Union of India, to assert that custodial torture is a crime against humanity. The Court disposed of the writ petition, noting that the matter is under consideration by the Government and the Law Commission, with no costs awarded.

DR ASHWINI KUMAR vs UNION OF INDIA MINISTRY OF HOME AFFAIRS · Niyam