India has been categorised as a “high-risk” country in the newly released Global Torture Index by the World Organisation Against Torture (OMCT), highlighting a deep-rooted crisis of custodial violence, systemic police brutality, and inadequate institutional safeguards. The report, published on June 26, outlines extensive concerns over the country’s political and institutional frameworks, which contribute to widespread torture, particularly targeting marginalised communities.
The Global Torture Index evaluates the state of torture and ill-treatment in countries using seven thematic pillars, including political commitment, institutional accountability, treatment of detainees, impunity, victim rights, civic protections, and legal frameworks. India’s placement in the “high risk” category stems from its routine use of force by law enforcement, arbitrary detentions, and the lack of political will to confront institutional abuse. The report reveals that practices such as forced confessions, beatings in custody, extrajudicial killings, and the misuse of anti-terror laws like the Unlawful Activities (Prevention) Act (UAPA) are alarmingly common, especially among Dalits, Adivasis, Muslims, LGBTQIA+ individuals, migrants, and the homeless.
One of the most disturbing findings is the scale of custodial deaths. The National Human Rights Commission (NHRC) recorded 2,739 custodial deaths in 2024 and 2,400 in 2023. In 2022, 1,995 prisoners died in judicial custody, including 159 unnatural deaths. Cases like that of Professor GN Saibaba—who died in prison despite being severely disabled—and journalist Siddique Kappan, held for two years over caste violence reporting, exemplify systemic cruelty. Since 2018, at least 61 human rights defenders have been jailed under UAPA and similar laws.
The report criticises India’s legal framework for lacking a comprehensive law criminalising torture and for failing to define victim rights clearly. This legal vacuum leaves torture survivors with limited avenues for redress, while complaint mechanisms remain weak and often provoke retaliatory action against complainants. The NHRC, expected to address such issues, is accused of lacking independence and failing to act decisively on torture complaints.
India’s recent criminal law reforms—replacing the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act with the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Bill (BSB)—have drawn sharp criticism from OMCT. These new laws, the report argues, contain vague or repressive provisions that can perpetuate the torture culture. For instance, Section 120 of the BNS is seen as enabling forced confessions.
Widespread police brutality continues unabated. Despite a 2020 Supreme Court ruling mandating CCTV installation in all police stations and investigative offices, over 2,700 police stations still lack such coverage. Where cameras do exist, many fall short of court-mandated technical standards. The report notes that brutality often takes place in unofficial detention sites such as abandoned buildings and hotel rooms, where suspects are beaten and coerced into confessions.
Prison overcrowding exacerbates conditions for detainees, with the average national occupancy rate at 131.4 percent in 2022. Poor inmates suffer most, enduring substandard food, clothing, and bedding. Caste, religion, economic status, disabilities, and gender identity fuel widespread discrimination in jails. Professor Saibaba’s case is cited again, where inadequate facilities and lack of medical care worsened his condition while in custody.
Extrajudicial killings are another grave concern. Police officers known as “encounter specialists” are reportedly rewarded with promotions, highlighting deep institutional complicity. In West Bengal, the report points to rampant abuses by the Border Security Force (BSF), which often acts with impunity. Human rights defenders, especially those advocating for land, environment, or marginalised communities, face arbitrary arrest, torture, and intimidation. Legal accountability remains elusive.
The OMCT underscores the lack of forensic infrastructure and independent investigations into custodial deaths. There is no national law regulating forensic standards, weakening the credibility of evidence. Cases against perpetrators seldom lead to convictions, and victims or witnesses often face harassment, including pressure not to file complaints.
In a broader context, the report details widespread human rights violations in India, ranging from honour killings and gender-based violence to caste-based discrimination and child exploitation. The space for dissent has rapidly shrunk, with activists like Teesta Setalvad and former IPS officer Srikumar spending weeks in judicial custody over politically sensitive cases. Journalist Siddique Kappan’s imprisonment for reporting on caste violence and Columbia Law School’s report on systemic harassment of journalists further underline the deteriorating civic space.
The Index also criticised India’s “concealed” access to human rights information, noting significant barriers to data availability and transparency. It recommends five major reforms for India: ratifying international treaties including the UN Convention Against Torture and its Optional Protocol, implementing the Méndez Principles on ethical law enforcement interviewing, halting misuse of anti-terror laws against human rights defenders, mandating independent judicial investigations into custodial deaths, and amending the Protection of Human Rights Act to align with international standards and ensure NHRC autonomy.
India is among several countries in Asia, Africa, and Latin America placed in the “High Risk” category. Regions such as Russia, China, and parts of the Middle East fall under “Very High Risk,” while Europe, North America, and Oceania are largely classified as low-risk areas due to robust legal and institutional protections.
The Global Torture Index has sounded an urgent alarm over India’s human rights crisis, calling for sweeping reforms to halt custodial torture, institutional violence, and the erosion of civic space.