Dinesh Kamath's Editorial 'Need for an anti-torture law' that was published in Newsband

Need for an anti-torture law

There is a need for the enactment of an anti-torture law. India was subjected to close questioning during the Universal Periodic Review of its human rights obligations at the UN Human Rights Council in Geneva.

In an era of increasing international cooperation on criminal matters, India will be better served if it is seen as adhering to international treaties, especially its obligations under the Convention Against Torture, which it signed in 1997. Provisions relating to causing hurt or grievous hurt, especially with a view to extracting a confession, criminal intimidation and wrongful confinement already exist in the Indian Penal Code.

The Prevention of Torture Bill, 2010, was passed by the Lok Sabha in 2010. Given the pervasive nature of custodial violence and its complex policing requirements, the present legislative and administrative framework is obviously inadequate to prevent torture in a country of India’s size. There is need of a strong law that criminalises torture.

If custodial punishment is supposed to change, one of the alternatives which we can think of is polygraph test to judge if someone is speaking truth or making accurate confession. However, a geographically vast country like India, mostly in rural areas the implementation of this remains a big challenge though.

Increasing atrocities and custodial tortures have not only been denounced in India but also by international organisations. The country that professes as a largest democracy failing to uphold human rights is a matter of great concern

The practice of torture has been widespread and predominant in India since time immemorial. Unchallenged and unopposed, it has become a ‘normal’ and ‘legitimate’ practice all over. In the name of investigating crimes, extracting confessions and punishing individuals by the law enforcement agencies, torture is inflicted not upon the accused, but also on bona fide petitioners, complainants or informants amounting to cruel, inhuman and degrading treatment, grossly derogatory to the dignity of the human person. Torture is also inflicted on the women and girls in the form of custodial rape, molestation and other forms of sexual harassment.

Indian legislature and judiciary will have to play important roles to prevent the evil of torture. Article 5 of the Universal Declaration Of Human Rights (UDHR), 1948 proclaims that “No one shall be subjected to torture, or to cruel, inhuman or degrading treatment or punishment.”

This section shows the concern of the international community to defend and preserve the physical and moral integrity of human beings. The purpose of this article is to protect the integrity and dignity of the individuals.

Particular forms of  punishments and practices which have attracted the attention of Committee members have been “certain interrogation methods, the evidential use of illegally obtained information, virginity testing of immigrants, treatment of so-called ‘blanket people’ in Northern Ireland, stoning, flogging, whipping 30-40 years’ rigorous imprisonment, loss of nationality, and deprivation of civil and political rights for extended periods”.

The Human Rights Committee has expanded the meaning of torture by including corporal punishment including excessive chastisement as an educational or disciplinary method. Article 7 clearly protects not only persons arrested or imprisoned, but also pupils and patients in educational and medical institutions.