When Delhi University professor GN Saibaba died six months after spending over eight years incarcerated under the Unlawful Activities (Prevention) Act (UAPA), he became one among many haunting symbols of India’s crackdown on dissent. From his wheelchair, to his cell in Nagpur, to his eventual death, his life marked the brutal costs of state impunity. A journalist, Siddique Kappan, spent two years in prison for merely travelling to report on a sexual violence in Hathras. These cases are not aberrations, says a new global study released on Wednesday, June 25.
India has been ranked as “high risk” in the Global Torture Index 2025, a first-of-its-kind annual assessment developed by the World Organisation Against Torture (OMCT) in collaboration with over 200 civil society organisations across five regions. The index evaluates 26 countries on the prevalence of torture and ill-treatment, based on seven thematic pillars and a methodology drawn from international human rights standards.
The India factsheet, based on data from 2023–24 and authored in partnership with Tamil Nadu-based People's Watch, paints a grim picture: torture in India is not just prevalent but systemic, disproportionately affecting Dalits, Adivasis, Muslims, LGBTQIA+ individuals, and migrant workers. In 2024 alone, the National Human Rights Commission (NHRC) reported 2,739 custodial deaths, a steep rise from the 2,400 cases in 2023, according to the report.
The Index flags India, alongside Libya, Honduras, Belarus, Colombia, Turkey, the Philippines, and Tunisia, as high risk countries for systemic torture and reprisals against victims and defenders.
Among the stark findings are:
Police brutality and institutional violence continue unchecked, with extrajudicial killings and unlawful detentions often rewarded through promotions.
Custodial conditions are dire, with over 1,995 deaths reported in judicial custody in 2022 alone—159 were unnatural deaths.
Over 75% of prisoners are under-trial detainees, and prison overcrowding stands at 131.4%.
UAPA is routinely misused against activists and civilians, enabling arbitrary arrests and prolonged detentions
Political intent is absent
Despite these figures, India lacks any national legislation specifically criminalising torture or CIDTP (Cruel, Inhuman or Degrading Treatment or Punishment), and the country has yet to ratify the United Nations Convention Against Torture (UNCAT) or its Optional Protocol, the report notes.
“Torture, especially by police and security forces, remains widespread and systemic in India,” the factsheet states. “Human rights defenders are routinely subject to arbitrary arrest, preventive detention and torture and ill-treatment, underscoring a culture of institutional violence and impunity.”
The political commitment to combat torture was rated as “considerable risk,” while all other pillars, including freedom from torture in detention, ending impunity, victims’ rights, and civic space, earned a “high risk” score.
The index categorises countries into five risk levels:
very high risk: where systematic torture occurs with virtually no safeguards or accountability;
high risk: marked by widespread torture, serious legal gaps, and weak implementation of protections;
considerable risk: where legal frameworks exist but enforcement is inconsistent and gaps persist;
moderate risk: indicating some progress toward international standards but patchy implementation; and
low risk: where strong legal safeguards and effective prevention mechanisms are in place.
In the 2025 edition covering 26 countries, no country was rated as low risk.
Need for legal reforms
In India, legal regression is also noted with the introduction of new laws replacing the Indian Penal Code (IPC) and Criminal Code of Procedure (CrPC) and the Indian Evidence Act — the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Bill (BSB). The report notes that while these laws introduce certain reforms, they also extend police custody durations and continue to require executive sanction to prosecute public officials.
Impunity, the report highlights, remains deeply entrenched in India due to significant legal and institutional shortcomings.
The report also noted that NHRC has faced international censure for lacking independence.
In March 2025, the Global Alliance of National Human Rights Institutions (GANHRI) downgraded NHRC from ‘A’ to ‘B’ status, citing police presence in investigations and failure to address shrinking civic space and persecution of HRDs.
India’s score on transparency was marked “concealed”, due to limited public access to data on torture, arrests, or prison deaths.
“Victims’ rights remain severely limited,” says the report. “With no comprehensive law defining torture victims, most survivors lack redress or rehabilitation.”
The report also stated that over 30,000 NGOs have been shut down under Foreign Contribution (Regulation) Act (FCRA), 2010, and laws like the IT Rules 2021 continue to throttle civil society.
Despite these trends, the report says that there are some positive developments. In 2020, the Supreme Court ordered deployment of CCTVs in police stations round the clock, a decision still not fully implemented. Project 39A at NLU Delhi has secured crucial legal victories for death row prisoners.
Recommendations
However, the report notes that systemic change is lacking. The Global Torture Index offers a ten-point recommendation to India, starting with ratifying UNCAT, repealing Armed Forces (Special Powers) Act (AFSPA) and FCRA, enforcing the Supreme Court judgement, and ensuring that detention conditions comply with the Mandela and Bangkok Rules.
The Mandela and Bangkok Rules are UN standards that set minimum guidelines for the treatment of prisoners. While the Mandela Rules apply to all prisoners, the Bangkok Rules specifically address the needs of women prisoners and offenders.
It also urges the government to stop misuse of UAPA provisions and enact a comprehensive law to protect human rights defenders.
“The misuse of national security laws, poor detention conditions, and lack of access to redress leave a majority of India’s torture survivors without justice,” concludes the report.
The report also rated India’s transparency and access to information as “concealed”, underscoring the significant challenges faced by civil society in accessing critical data on torture, custodial deaths, and human rights violations. It noted that “data access must be guaranteed in every society, both in law and in practice, to ensure State transparency and accountability.”
It adds that poor availability of official data on public bodies, police protocols, and detention statistics “reflects the challenges in accessing information within the country” and severely limits the ability of organisations and individuals to monitor and address systemic abuse.
During the launch of the Global Torture Index in Geneva on Tuesday, June 25, Henri Tiphagne, Executive Director of People’s Watch and member of the Index’s Steering Committee, delivered a scathing critique of India’s record on custodial torture and accountability.
“We are the only country with so many human rights institutions, and yet they are not functioning,” Henri said. “The NHRC has existed for 32 years and has not prosecuted even one police officer responsible for extrajudicial killings or torture.”
India, he said, must “bow down in shame” for its failure to ratify the UN Convention Against Torture and for its “zero accountability” in custodial deaths.
Henri also warned of the broader human rights crisis marked by impunity, repression, and legal targeting of defenders. “Torture is used as a weapon to silence them,” he said, pointing to cases like that of Khurram Parvez, the Bhima Koregaon accused, and Adivasi activist Soni Sori. “We are among only two countries in the Index that have not ratified the UN convention,” he added.