From Trauma to Justice: Building a Psycho-Legal Shield Against Torture in India — The Impact of Project 993-DA-2

Mr. Ashish Pandey, Governing Board Member of PVCHR and Senior Advocate, interacting with survivors of torture in Sonbhadra, providing legal guidance and reinforcing access to justice through survivor-centered support.

Police Torture in India: Documentation, Trends, and Psycho-Legal Response

Under Project 993-DA-2: Promoting a Psycho-Legal Framework to Reduce Torture and Other Violence (TOV) in India

Implemented by: Jan Mitra Nyas (JMN)
Supported by: United Nations Voluntary Fund for Victims of Torture (UNVFVT)

Executive Summary

Police torture continues to represent one of the most severe threats to human dignity, rule of law, and democratic accountability. Under Project 993-DA-2, Jan Mitra Nyas has systematically documented cases, supported survivors, and pursued institutional remedies through a psycho-legal framework that integrates legal intervention with trauma-informed care.

The evidence reveals that torture is not merely episodic misconduct but often reflects structural weaknesses—ranging from unchecked police authority to delayed investigations and inadequate oversight mechanisms.

Scale of Police Torture Cases

Under Project 993-DA-2: Promoting a Psycho-Legal Framework to Reduce Torture and Other Violence (TOV) in India, implemented by Jan Mitra Nyas with support from the United Nations Voluntary Fund for Victims of Torture, the meta-legal dataset underscores the scale and seriousness of human rights violations addressed through the initiative. Meta-legal interventions addressed 160 documented cases, including 106 online complaints and 54 directly filed cases, reflecting a strong reporting and documentation system. The data reveals a troubling prevalence of abuse: 115 cases of police torture, 20 cases of religiously motivated police torture, 14 custodial deaths, 9 cases of custodial torture, and 2 encounter cases, indicating that such violations are systemic rather than isolated. Gender-disaggregated analysis further underscores the wide social impact, affecting 122 men, 34 women, 3 joint cases, and 1 child, demonstrating that vulnerable populations across demographics remain at risk.

These interventions actively engaged government departments, police authorities, and human rights institutions to trigger accountability, while 14 cases received direct court intervention and support, ensuring enforceable legal remedies through judicial processes. Advocacy efforts also secured ₹1.08 crore in compensation for 18 families, reinforcing rehabilitation not as charity but as a fundamental human right and affirming survivors’ entitlement to dignity and justice.

Meta-legal interventions engaged government departments, police authorities, and human rights institutions to trigger accountability, while court interventions ensured enforceable legal remedies by directly pursuing justice through judicial processes.

Link for details in Hindi at: https://www.scribd.com/document/995049683/Meta-Legal-Interventions

Complementing documentation, the project extended legal assistance in 15 court cases, strengthening access to justice as a core strategy for torture prevention. These cases involved serious violations such as illegal detention, custodial deaths, false criminal implication, suppression of evidence, and prison rights abuses. In one significant matter, a court imposed a ₹2 lakh penalty after a prisoner was unlawfully held for five additional days despite a valid release order (https://testimonialhealing.blogspot.com/2025/11/despite-release-order-prisoner-not.html). Another case involved the custodial death of Ram Chandra Maurya, where authorities were directed to submit FIRs, post-mortem findings, and a magisterial inquiry, underscoring the State’s duty of care toward detainees (https://testimonialhealing.blogspot.com/2025/09/human-rights-justice-and-unfinished.html). The project also supported a falsely implicated MBBS student through petitions seeking legal aid, compensation, and continuation of his education, highlighting the role of courts in safeguarding procedural fairness (https://testimonialhealing.blogspot.com/2025/07/building-bridges-of-hope-empowering.html). Collectively, these interventions demonstrate that combining systematic documentation with strategic litigation not only strengthens institutional accountability but also restores survivor confidence, affirms constitutional protections, and contributes to long-term systemic reform by transforming individual grievances into enforceable rights.

Key Police Torture Cases (Brief with Links)

1. Custodial Death of Kedar Singh — Alleged Third-Degree Torture

A complaint alleged that police brutality led to the death of Kedar Singh (55) in Agra, with reports describing extreme methods used during custody. The National Human Rights Commission (NHRC) issued directives seeking arrest records, medical reports, and magisterial inquiry findings.

Read the full case:

Analytical Insight:
Custodial torture often thrives in environments lacking independent monitoring. NHRC intervention demonstrates how external oversight becomes essential when internal accountability fails.

2. Illegal Detention and Harassment — MBBS Student Pradyumn Yadav

A medical student was allegedly taken from his college without a warrant and placed under judicial custody. Police reportedly declared, “We will not let your son become an MBBS doctor,” suggesting intimidation and abuse of authority.

Read the full case:

Analytical Insight:
This case reflects how torture is not always physical—it can include psychological coercion, intimidation, and criminalization that disrupt social mobility.

3. Police Harassment Linked to Suicide — Laxmi Devi

A 46-year-old woman reportedly died by suicide after sustained police pressure and alleged assault. The NHRC admitted the complaint and ordered an inquiry with an Action Taken Report.

Read the full case:

Analytical Insight:
Psychological torture is frequently underestimated in legal discourse, yet its consequences can be fatal. Recognition of such cases expands the definition of custodial violence beyond physical injury.

4. Custodial Death — Ram Chandra Maurya

Authorities were directed to submit FIR details, post-mortem reports, and a magisterial inquiry after allegations that Maurya was beaten to death in custody.

Read the full case:

Analytical Insight:
When deaths occur inside state custody, the burden of proof shifts morally—and often legally—toward the state, reinforcing the doctrine of custodial responsibility.

5. Magisterial Inquiry — Devnarayan Yadav

The NHRC directed the District Magistrate of Gonda to submit a pending inquiry report regarding the alleged custodial death of Devnarayan Yadav (22) following claims of brutal police beating.

Read the full case:

Analytical Insight:
Delayed inquiry processes often weaken prosecution and prolong trauma for families, highlighting the need for time-bound investigative protocols.

Judicial Example Demonstrating Ongoing Oversight

An order dated 12 January 2026 from the High Court of Judicature at Allahabad directed the filing of a counter affidavit and continued interim protection of Human Rights Defender Lenin Raghuvanshi until the next listing—indicating that judicial scrutiny remains a critical pathway for accountability in rights violations.

Cross-Case Analytical Findings

1. Torture as a Structural Risk

The repetition of custodial violence suggests systemic vulnerabilities such as:

  • Concentrated police power

  • Weak internal disciplinary mechanisms

  • Limited forensic transparency

  • Fear-driven silence among victims

Torture persists not because laws are absent, but because enforcement is inconsistent.

2. Expansion of Torture Beyond Physical Violence

The cases reveal three evolving forms:

Physical Torture: Beatings leading to custodial deaths.
Psychological Torture: Threats, humiliation, intimidation.
Procedural Torture: Illegal detention, fabricated charges, delayed reports.

Recognizing this spectrum is essential for modern human rights practice.

3. Marginalization as a Risk Multiplier

Victims often come from economically or socially vulnerable backgrounds. Structural inequality reduces their ability to seek legal remedy, enabling cycles of abuse.

4. Role of Civil Society in Interrupting Impunity

Nearly every major case progressed because of documentation, complaints, and advocacy—demonstrating that civil society functions as an informal accountability mechanism within democratic systems.

Strategic Contribution of Project 993-DA-2

The psycho-legal framework strengthens torture prevention through:

  • Survivor-centered legal aid

  • Trauma-informed psychological support

  • Documentation for institutional action

  • Engagement with human rights bodies

  • Promotion of compensation and recognition

The approach shifts the response from reactive relief toward preventive justice.

Key Recommendations

Institutional Reforms

  • Mandatory CCTV coverage in custody areas

  • Independent custodial audits

  • Automatic judicial review of detention

Legal Measures

  • Fast-track investigation of torture allegations

  • Stronger prosecution of implicated officials

Survivor Protection

  • Witness protection mechanisms

  • Long-term psychological rehabilitation

Policy Priority

  • Adopt a zero-tolerance framework toward custodial torture.

The evidence emerging from Project 993-DA-2 confirms that police torture remains a pressing human rights concern requiring structural reform, institutional accountability, and sustained vigilance.

Yet the project also demonstrates a powerful counter-narrative: when psycho-legal support, documentation, and advocacy converge, silence gives way to testimony, and impunity begins to face resistance.

Preventing torture is not only a legal obligation—it is the foundation of a humane and democratic state.

Case Study

Listening as Justice: Institutional Accountability and Community Healing in the Alleged Custodial Death of Vijay Soni

Primary Case Narrative:

NHRC Proceedings and Urgent Rejoinder:

Introduction

Custodial violence represents one of the gravest challenges to democratic governance because it occurs within spaces where the State exercises maximum control over individual liberty. The alleged custodial death of 21-year-old Vijay Soni in Uttar Pradesh illustrates how institutional oversight and civil society engagement together form the backbone of accountability.

This case is not only about determining liability; it is equally about protecting dignity, restoring voice, and ensuring that power remains subject to scrutiny.

Case Background

According to the complaint placed before the National Human Rights Commission (NHRC):

  • On 10 September 2023, police personnel reportedly arrived at Vijay Soni’s residence and allegedly began beating him.

  • When his mother intervened, she was allegedly abused and threatened.

  • The family was later unable to locate him at the local police station.

  • On 12 September 2023, it was alleged that police took Vijay to a forested area in Kaushambi, tied his hands and mouth, placed a pistol in his possession, recorded a video, and fired shots—one of which struck his shoulder.

  • He was taken to Swaroop Rani Hospital, where he died during treatment.

The complaint sought urgent institutional intervention into what appeared to be a case involving serious allegations of custodial violence and a possible staged encounter.

NHRC Intervention: Institutional Persistence

The NHRC registered the complaint and continued proceedings under Case No. 26139/24/4/2023-AFE, directing senior police authorities to submit critical forensic and procedural documentation.

The Commission observed several investigative gaps, including:

  • Absence of ballistic expert report

  • Missing wireless log records

  • Lack of fingerprint and hand-wash procedures

  • Non-availability of vehicle logs and technical examination reports

  • Failure to conduct videography of the post-mortem

  • Missing identification and body handover documentation (later submitted)

By again directing the Commissioner of Police, Prayagraj, and the Superintendent of Police, Kaushambi, to furnish pending reports within a fixed timeline, the Commission reaffirmed that procedural compliance is essential to establishing truth.

Analytical Significance:
Procedural deficiencies in custodial death investigations often weaken prosecutions. The NHRC’s insistence on documentation signals that accountability depends as much on process as on outcome.

Emerging Protection Concerns

In January 2026, the complainant requested the Commission to:

  • Provide protection to the victim’s family from intimidation

  • Recommend interim relief and rehabilitation

  • Ensure strict compliance with earlier directives

  • Consider an independent and impartial investigation

Such requests reflect a common reality in custodial violence cases: families frequently face fear, pressure, and social vulnerability even while pursuing justice.

Analytical Insight:
Victim protection is not ancillary—it is central to fair investigation. Without safeguards, the pursuit of justice itself can become a source of risk.

The Human Dimension: Testimonial Therapy and Restoring Voice

On 22 January 2026, the People’s Vigilance Committee on Human Rights (PVCHR) facilitated a testimonial therapy session for the victim’s mother. This intervention created a structured, trauma-informed space where grief could be articulated safely.

Testimonial therapy serves multiple functions:

  • Validates survivor experiences

  • Reduces psychological isolation

  • Converts private pain into documented memory

  • Strengthens agency

Analytical Insight:
Justice is not purely legal; it is also psychological. Survivors who are heard are better positioned to engage with institutional processes.

Institutional Accountability and Civil Society: A Complementary Model

This case demonstrates a critical democratic dynamic:

Institutional Role                  Civil Society Role
Demands evidence                  Preserves testimony
Enforces procedure                  Restores dignity
Investigates facts                  Supports survivors

Rather than operating in opposition, both spheres reinforce each other.

Key Lesson:
Accountability is strongest when legal oversight and community-based support advance simultaneously.

Structural Issues Highlighted by the Case

1. Procedural Lapses

Missing forensic and technical reports raise concerns about investigative rigor.

2. Transparency Deficit

Incomplete records risk eroding public trust in law enforcement processes.

3. Power Asymmetry

Custodial environments inherently favor state authority, necessitating external oversight.

4. Psychological Impact on Families

Beyond legal battles, families endure prolonged emotional and economic distress.

Broader Democratic Implications

Allegations of custodial violence test three pillars of democracy:

  • Institutional credibility

  • Rule of law

  • Equality before the State

When statutory bodies persist in demanding answers, they reinforce the principle that no exercise of power is beyond review.

Conversely, delays in compliance highlight the need for stronger enforcement mechanisms.

Key Analytical Observations

1. Listening as Accountability
Institutional listening transforms complaints into actionable inquiries.

2. Documentation as Justice
Forensic precision separates truth from conjecture.

3. Survivor Support as Rights Protection
Psychosocial care is integral—not supplementary—to human rights practice.

4. Persistence Builds Trust
Public confidence grows when oversight is visible and sustained.

The Road Ahead

For meaningful progress, the following remain essential:

  • Completion of ballistic and technical reports

  • Transparent investigative findings

  • Protection measures for the family

  • Independent scrutiny where required

  • Timely institutional communication

Justice must not only be pursued—it must be seen to be pursued.

The alleged custodial death of Vijay Soni is both a tragedy and a democratic test. It reveals the quiet but powerful role of institutions that insist on answers and of civil society actors who ensure that affected families are not left alone.

The case reminds us of a foundational truth:

Justice does not begin with judgment—it begins when institutions listen, when communities stand beside the vulnerable, and when dignity is treated as non-negotiable.

In that shared commitment, the promise of constitutional democracy endures.

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