Mentor’s comment

• Introduce with how custodial violence is considered as a violation of human rights by reputed bodies and commissions
• What is India’s stand on custodial torture as violation of human rights
• What is the way ahead for India to deal with custodial torture
• Conclude

 

Model Answer

The torture of individuals in state custody remains a brazen human rights abuse that mocks our governance even as we claim human dignity as the end objective of the Indian state, with the Supreme Court affirming it as “an intrinsic value, constitutionally protected in itself”.

Custodial torture is universally held as one of the cruellest forms of human rights abuse. The Constitution of India, the Supreme Court, the National Human Rights Commission (NHRC) and the United Nations forbid it. But the police across the country defy these institutions. Therefore, there is a need to strike a balance between the individual human rights and societal interests in combating crime by using a realistic approach.

Torture was one of the main issues which were covered by the United Nations. One of its earliest measures was to abolish corporal punishment in colonial territories in 1949. The Article 5 of the Universal declaration of Human Rights, 1948 clearly states that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”.

India’s stand on the issue-

• The Union government is seriously considering the 273rd Report of the Law Commission, which has recommended that India ratify the United Nations Convention against Torture and pass a law to prevent torture and punish its perpetrators. Two decades after signing the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, India is yet to ratify it.
• The Law Commission has proposed a new anti-torture law titled “The Prevention of Torture Bill, 2017”.
• Pointing out that there was no law on torture, the Supreme Court had said that there was “extreme urgency” in national interest to frame of an effective law to prevent torture and inhuman treatment of individuals in custody.
• 90% of the States had no objection for a special law on torture and the NHRC itself had strongly supported the need for such a law

Way ahead:

• The government should now act with a sense of urgency without any further delay legislative measures to eliminate all forms of torture and other cruel, inhuman and degrading forms of treatment.
• Recently, extradition courts in the United Kingdom refused to send two persons to India to face trial, on the ground that there was “no effective system of protection from torture in the receiving state”.
• The government should accept the recommendations of law commission without delay as it not only provides a penal framework for punishing public servants who inflict torture, but also lays down that just compensation be paid to victims.
• Modernisation of criminal justice system is required.
• Reforms in laws related to IPC, laws relating to prevention of torture, sensitization of police and improving its image is the need of the hour.
• Modernisation of police investigation, modern forensic tools, improving human intelligence, area specialization.

Conclusion

By passing a domestic law against torture, India will send a strong message to its law enforcement agencies that torture is not acceptable and justice cannot be evaded and would be an affirmation of India’s commitment to its democratic ideals and values.