| dc.description.abstract | Custodial death is one of the worst crimes in civilized society which is governed by the
rule of law. The deaths of accused/suspects remain a very controversial topic not only
in a particular country or region but in the world and it has been happening for a quite
long time in Sri Lanka. Sri Lankan Criminal Justice System sorely lacks substantial
legislative provisions to regulate the right to life due to the fact that it is questioned
whether any specific provision to address custodial deaths in the constitution. Many other
nations have already recognized this right as fundamental and adopted comprehensive
legislative provisions for custodial deaths. Both constitution and the Supreme Court of
India have forbidden custodial torture in a progressive manner. But it is questioned
whether Sri Lanka’s constitutional provisions are adequate to address this issue. Hence,
there is an urgent requirement to address this issue and fix this deficiency in the existing
justice delivery framework in Sri Lanka to set legitimate principles for custodial deaths.
This study aims to analyse the main theoretical debates within the academic field.
order to identify the current lack of custodial deaths in Sri Lanka, analyse how custodial
deaths cases are handled within the framework of the Indian jurisdiction and Sri Lankan
jurisdiction and use the findings of the study to make proposals and recommendations
to use it in the human rights field. The qualitative method, including primary data and
secondary data, was used for this research. The study concludes that there are less and
no adequate constitutional provisions available in the current constitution of Sri Lanka to
address issues pertaining to custodial death compared to the Indian Constitution. Hence,
an urgent constitutional amendment is required to address the issue. | en_US |
