(1.) The instances of dehumanizing torture, assault and death of citizens in the custody of the guardian of law are ever increasing. No doubt, it is true that the cry for justice is so loud that it deafens the car of the peace loving citizens of India that they could not live in a peaceful atmosphere and they are disturbed with the apprehension that they may be one of the victim of torture, assault and death in the custody of law protector in uniform.
(2.) The Constitution of India is adorned with Articles 20, 21 and 22 which are almost in consonance with the rights contained in the Universal Declaration of Human Rights, 1948 adopted and proclaimed by General Assembly, 217 A (iii) of 10th December, 1948. Articles 1, 2, 3, 4 and 5 of the Universal Declaration of Human Rights, 1948, read as follows :
(3.) In Kharak Singh Vs. State of U.P. AIR 1963 SC 1295 the Apex Court held that the term "life" indicates something more than mere animal existence and so also in State of Maharashtra Vs. Chandrabhan Tale : AIR (1983) 3 SCC 387. No doubt, the Apex Court in Bandhua Mukti Morcha Vs. Union of India : (1984) 3 SCC 161 held that the right to life under Article 21 means right to live with dignity, free from exploitation. The Apex Court is of the similar view in Maneka Gandhi Vs. Union of India : AIR 1978 SC 597 and Board of Trustees of Port of Bangalore Vs. Dilipkumar Raghavendranath Nadkarni : (1983) 1 SCC 124.
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