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Context
Article talks about the need of an anti-torture law in India
Need for an anti-torture law
- Failed extradition requests: India has made many requests for extradition of offenders from other countries, and the absence of an anti-torture law may prevent these countries from acceding to India’s requests. Earlier this month, extradition courts in the United Kingdom refused to send two persons to India to face trial, one of them on the ground that there was “no effective system of protection from torture in the receiving state”
- Protection of human rights: Ratifying the UN Convention and following it up with a domestic law against torture will not only be in the national interest but also have positive implications for the protection of human rights
- Preventing custodial violence: Custodial violence continues to be prevalent in the country. The recent example of a bus conductor being forced to confess to murdering a schoolchild is a pointer to the use of torture as an investigative tool among policemen
Backdrop
- The Prevention of Torture Bill was passed by the Lok Sabha in 2010 to address the problem, but it lapsed after it was referred to a Select Committee in the Rajya Sabha
- Law commission’s report: The Law Commission, to which the question was referred in July this year, produced a report within three months. It also submitted a draft Bill for the government’s consideration
Conclusion
The government should accept the recommendations 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
Additional read: Anti-torture law has also been covered in earlier 9PM Brief. Read it here
