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.