Wednesday, February 20, 2019

Dinesh Kamath's Editorial 'Stop all kinds of tortures' that was published in Newsband


Stop all kinds of tortures
A new anti-torture legislation should come up to stop all kinds of tortures. Tortures like Custodial torture, Dismemberment, The Arthashastra prescribed mental torture, biological and chemical experimentation on humans — prisoners etc. should just stop.
 Is sadism is an inherent part of human nature? That’s what the history of power, of authority and control questions. The practice of custodial power is about men — and sometimes, women — who are in positions of power, even if for a brief while and over a limited terrain, having custody over a powerless person. It becomes something of a sport for the human “Gods” that rule mere humans. “They kill us for their sport,” Shakespeare said of “the Gods”.
The death penalty is a close kin to this lawless and heartless game. Torturers are invariably sadists. Mary Surratt is not a well-known name. She was the first woman to be hanged in the U.S., in 1865, under due process. Her crime: being part of the conspiracy that led to the assassination of Abraham Lincoln.
Hitler’s torturing of his prisoners would shame Satan, Stalin’s, torturing would have embarrassed Hell. The power-centres of these tyrants were hellishly real. Apartheid South Africa had its torturers trained in Algeria to inflict pain without leaving any signs on the body. The butchering last October of Saudi journalist Jamal Khashoggi is another case of torture. Be sure that not far from wherever we are, someone is being tortured by somebody.
India has practised and continues to practise the ‘third degree’ with impunity. But if torture is real, human revulsion with torture is also real. In the meeting on December 10, 1984, the UN General Assembly stirred the world’s conscience. It adopted the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Better known as the UN Convention against Torture, it sought to prevent torture around the world.
The Convention made state parties to undertake that “no exceptional circumstances whatsoever” will be “invoked to justify torture, including war, threat of war, internal political instability, public emergency, terrorist acts, violent crime, or any form of armed conflict”.
India took 13 years to sign the Convention, but sign it did, on October 14, 1997, during the 11-month-old Prime Ministership of I.K. Gujral. Hat’s off to him. He did what Rajiv Gandhi, V.P. Singh, Chandra Shekhar, P.V. Narasimha Rao, H.D. Deve Gowda could not, did not, do. But signing is only the first step. But the convention should be ratified and followed or preceded by domestic legislation that commits the ratifying party to compliance.
The UPA II government introduced a Prevention of Torture Bill in the Lok Sabha in 2010 and had it passed in 10 days. The bill as passed by the Lok Sabha was referred to a select committee of the Rajya Sabha. The committee gave its report recommending the Bill’s adoption later the same year. National Human Rights Commission report said the figures showed custodial torture was rising. That Bill lapsed with the dissolution of the 15th Lok Sabha. And was not revived by the 16th, the present Lok Sabha. Ratification of the Convention remains in limbo. Custodial torture remains in position.
21 years after signing the Convention, India is yet to legislate a law that will outlaw torture and enable it to ratify the Convention. Why is the Indian state unwilling to say, ‘no custodial torture in India’? Is it because the power over a captive’s body and mind is not easily given up?
In a matter that concerns ‘life and liberty’, the Supreme Court is the guardian of the Constitution’s guarantees. And when the one being guarded says, ‘I thirst,’ the guardian can only bring to its parched lips the waters of life.
The 17th Lok Sabha must take a stand. It has a choice: to join the civilised world in moving away from ancient barbarism or stay in the dungeons of blinding, benumbing brutality.

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