New Delhi: The Supreme Court on Monday sought the reply from the Centre and National Human Rights Commission on a writ petition filed by Ashwani Kumar, former Union law minister seeking comprehensive guidelines to prevent torture in police custody.
A Bench of Chief Justice T.S. Thakur and Justice A.M. Kanwilkar issued the notice after hearing Ashwini Kumar, who espoused the cause of those who are being brutalised and robbed of their dignity through various acts of torture.
Arguing in person, Dr Kumar said that he felt he failed as a parliamentarian to ensure an effective and purposive legal regime to prevent torture in custody but he does not want to fail in his duty as a citizen to invoke the constitutional conscience for protecting the right to dignity of those who are routinely subjected to torture while in custody.
He argued that the Government was in breach of its constitutional obligations under Article 21 and also in breach of its international treaty obligations under Articles 51 and 253 of the Constitution and said that the NHRC was helpless since it cannot enforce its directions nor can it accurately record all the cases of torture in custody. He said, that it is with a sense of agony that he is petitioning to the court to ensure that the citizens fundamental right to dignity which is a primary fundamental right, of those in custody, is not violated.
In his petition he gave illustrations of brutal torture of Prof. Bakshi and Prof. Saibaba. It said the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was adopted by the United Nations General Assembly on December 9, 1975. However, India has not ratified the convention so far since ratification requires enabling legislation to reflect the definition and punishment for ‘torture’.
As on date, India does not have any legislation that defines the expression ‘torture’ or ‘custodial torture’ nor does is there a law dealing specifically with torture in custody and the various aspects of custodial torture and those involved in the incidents, he said and prayed for guidelines.
