Constitutional rights are often discussed in courtrooms and textbooks, but their real test lies at the ground level. One such overlooked area has long been the condition of individuals kept inside police lock-ups.

For years, there existed no clear framework in Delhi governing the basic treatment of detainees in police custody. In practice, many essential arrangements depended entirely upon local practices and unofficial mechanisms. A person detained overnight often relied upon family members for meals or other necessities. In situations where no one arrived to provide food, police personnel themselves sometimes paid from their own pockets merely to ensure that a detainee was not left hungry.

The issue reflected a deeper institutional problem. Despite repeated judicial recognition that persons in custody continue to enjoy protection under Article 21 of the Constitution, there remained little clarity regarding minimum living conditions inside police lock-ups. Matters such as sleeping arrangements, hygiene facilities, women detainee necessities, medical access, and maintenance of lock-ups were frequently left to discretion rather than governed by uniform standards.

The issue was subsequently raised before the Delhi High Court in W.P.(C) 17942/2025, Aditya Chauhan vs Union of India & Ors. The proceedings highlighted the absence of structured custodial guidelines and the need to recognise dignity inside police custody not merely as a constitutional theory, but as an administrative responsibility.

Following the proceedings, the Commissioner of Police, Delhi issued a Standing Order laying down guidelines relating to the management of lock-ups and provision of basic facilities for detainees. The framework reportedly introduced provisions concerning meals, bedding, sanitation, women-specific hygiene requirements, inspection of lock-ups, and other essential custodial arrangements.

The significance of the development lies not only in the facilities themselves, but in the principle behind them. Access to basic necessities inside police custody cannot remain dependent upon unofficial arrangements, personal discretion, or the financial capacity of detainees and their families. Once the State assumes custody over an individual, it also assumes responsibility for ensuring humane conditions.

At present, however, custodial conditions continue to vary widely across different parts of India. While judicial precedents such as D.K. Basu v. State of West Bengal and Sunil Batra v. Delhi Administration laid down important safeguards concerning custodial rights, there is still no comprehensive nationwide framework specifically dealing with minimum standards for police lock-ups.

The issue therefore raises a broader policy question: should India adopt uniform custodial guidelines applicable across all states and union territories?

A nationally recognised framework could help establish clear standards relating to living conditions, accountability, inspection mechanisms, and detainee welfare. More importantly, it would reaffirm a constitutional principle that is often forgotten in practice — that human dignity does not end at the lock-up gate.

Media Coverage: Indian Express, Press Reader

The Reality of Police Custody in India: When Detainees Had to Arrange Their Own Food | Adv. Aditya Chauhan