30 years after UN pact, India to ban torture

Hyderabad: Two decades after India signed the UN Convention against Torture, it now appears the Centre is ready to ratify it.

The government is ready with the Prevention of Torture Bill. An earlier version was passed by the Lok Sabha in 2010 and then referred to the Rajya Sabha which asked for certain amendments. The Bill lapsed with the dissolution of the 15th Lok Sabha.

The Law Commission of India in its 273rd report has recommended that the Centre it enact the Prevention of Torture Bill, which makes public servants responsible for custodial torture.

The Law Commission said, “Torture has been a contentious issue having a direct bearing on the right to life and liberty of an individual.” It said it was is of the opinion that “such heinous acts must be curbed through strong legislation providing stringent punishment, which will act as a deterrent.”

According to the Law Panel, ‘torture’ has not been defined in the Constitution or in other penal laws of the country.

Prof. Murali Karanam, who teaches law, said that though torture was not defined in the Constitution, the Supreme Court has implied a right against torture by way of interpretation of Article 21 which deals with right to life and liberty.

The Commission has noted that though India has signed the Convention against Torture, it is yet to be ratified. Not ratifying the convention may lead to difficulties in cases involving extradition, as foreign courts may refuse extradition or may impose limitations, in the absence of an anti-torture law in line with the convention, while granting extradition.

The Law Panel in its draft Bill annexed to the Report, recommended imprisonment for up to 10 years with fine for the public servant who is found guilty of torture, besides providing compensation to the victims by amending the Criminal Procedure Code.

The Commission said that where death of any person is caused due to torture, the person committing the offence shall be punishable with death or imprisonment for life and shall also be liable to a fine.

According to the draft Bill prepared by the law panel, a plaint against torture should be probed by an officer not below the rank of deputy superintendent of police or the corresponding rank in any investigative agency as would ensure independent probe under the supervision of the superintendent of police.

Activists seek probe unit
The Law Commission of India’s recommendation that a law against torture be introduced has been welcomed by civil rights activists.

Mr D. Suresh Kumar of the Civil Liberties Committee, and an advocate in the Hyderabad High Court, said that the constitution of an independent agency to probe cases of torture by the state will give confidence to citizens.

“Most cases of police torture are organised on the directions of the political executive, and it is an open secret in our country that political bosses are dependent on the police and so always try to shield police excesses,” he said. He said that the prohibition of torture is a part of customary international law and is a part of jus cog-ens (compelling laws).

Mr Lateef Mohammed Khan, chairman of the Civil Liberties Monitoring Committee, said that only a stringent law, which will deter law enforcing agencies, will prevent custodial torture, which is rampant in the country.
Prof. Murali Karanam, who teaches law, felt that investigation by the police of torture cases which involve police personnel will not yield any result.

He said that the first level of filter was investigation of crimes of police by themselves and shutting the cases.

He explained that in 2014 as many as 47,774 complaints of torture were received against the police out of which 42 per cent were termed ‘false’ and closed. “The gravity of this cover up is clear when we realise that only 5.8 per cent of cases against citizens are sealed as false”, he stated.