If the Manmohan Singh government has its way, India will soon adopt a law against torture that will make a mockery of our obligations as a democracy, a civilised society, and a signatory to the United Nations Convention Against Torture (CAT). India signed CAT in 1997 and is meant to pass standalone domestic legislation outlawing this barbaric crime. Unfortunately, the Prevention of Torture Bill, 2010 falls far, far short in this regard. Indeed the draft law, if passed unchanged by the Rajya Sabha, will make the elimination of torture and the punishment of its practitioners more difficult than it is under existing law. To begin with, the Bill's definition of torture makes two unwarranted departures from international norms. Where CAT speaks of torture and “cruel, inhuman or degrading treatment or punishment” and builds its definition around the inflicting of severe pain or suffering, the proposed law raises the bar of what constitutes unacceptable treatment much higher. Only acts that cause grievous hurt — defined in the Indian Penal Code in relation to damage to limbs and organs — or which endanger the life, limb, or health of a person will be considered torture. Excluded thus are torture techniques that cause intense pain and suffering but no permanent damage to the victim. Secondly, only torture inflicted in the course of an interrogation will attract the sanctions of the new law — but not torture inflicted to punish, coerce, or intimidate an individual, which CAT covers.
A bizarre aspect of the draft is the implication that a public servant can be punished for torture he or she inflicts in the course of investigating a crime only when the victim is being targeted on account of his or her religion, caste, language, and so on. Such linkage only raises the bar for prosecution. The law also does not specify minimum punishment for a person convicted of torture; and the maximum it prescribes (10 years in prison) is too low for a case in which torture leads to death. There is also no justification for giving the victim of torture just six months to file a complaint. What happens if the victim is still in custody? Finally, when Article 2(1) of CAT clearly says that “no exceptional circumstances … whatsoever may be invoked as a justification of torture,” the requirement of prior government sanction smacks of bad faith. It is unfortunate that the Lok Sabha passed such a poorly drafted Bill without making amendments. Several Rajya Sabha MPs cutting across party lines have issued notice for the Bill to be referred to a select committee. The government, and all those parties which allowed the Bill to pass in the lower house, should not worry about the loss of face a last-minute rethink might entail. If the law is passed as it is, it is India that stands to lose face.
Correction
A sentence in the second paragraph of the Editorial “Torture Bill is a travesty” (August 31, 2010) said: “Finally, when Article 2(1) of CAT clearly says that “no exceptional circumstances … whatsoever may be invoked as a justification of torture,” It should have been Article 2(2) of CAT and the full version is:
“No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture”.
Keywords: Torture Bill
Comments:
It is a pity that our M.P.s, who were more conscious of their salary hike did not care to even read the draft of the Torture bill. At the same time, it is also time to think and decide, if torture is inhumane what about death penalty? Do we mean death is better than inflicting pain?
It is a pity that our M.P.s, who were more conscious of their salary hike did not care to even read the draft of the Torture bill. At the same time, it is also time to think and decide, if torture is inhumane what about death penalty? Do we mean death is better than inflicting pain?
We elect legislators who either do not know the laws or its evolution or its noble purpose.Neither they bother to know it.If there are some who do are in minority.Hence a lot of fight is left to bring a sensible legislation.This is a process of humanization and it need to be constantly pursued against all odds.People must realize democracy alone does not guarantee justice.Hitler was a democratically elected leader.India has a long way to go and the fight must go on.
Even if the Rajya Sabha rejects the torture bill, the very fact that our representatives in the Lok Sabha chose to pass the bill should be a matter of concern to all right thinking persons in the country. While we celebrate the high rate of growth of our economy, we should also be grieving at the steady erosion of the noble instincts this country has been noted for over the ages.
Criminal Justice System is an outright pretence of so called civilised society to protect its status and material possessions.
it is good for the country to accept such a excellent bill,it is more necessary to amend the bill according to our requirement so that people of every type avail the benefit of will which we accept it is really shocking to accept the bill as it is without obseve our need.
The Manmohan Singh government seems to function arbitrarily and autocratically, if the recent legislations are any indication. It should respond positively to the MPs demand to refer the Convention Against Torture (CAT) draft to a select committee. Country's sovereignty is above personal prestige and prejudices.
Timely Edit. India should be genuinely democratic, and the anti-torture bill will go a long way in ensuring that.
This is India that is supposedly the land of 'peace and non violence'! This is India which preaches the world to embrace peace and take actions that lead to harmony in the world!
The bill clearly portrays the pathetic state of affairs in our country. Police reforms are the need of the hour and Violence in any form should be denounced by all sections of the society and from all quarters of government in no equivocal terms.
There is no respect for human life in in this country and it is reflected in the laws. The Parliament, it seems, does not have the time and the intention to formulate laws on issues of prime importance. The country is still carrying the burden of Arcchaic Colonial laws of yesteryears which do not reflect the requirements and aspirations of current times.
The new torture bill 2010, has flaws in case a person being tortured consequently not leading to its death and moreover it is a one sided judgement i,e towards police officials as it would result in haphazard torture to indian civilians also it could lead to increase crime in civil society therby boosting the moral of negative element
This historical bills introduction is a milestone in the history of the country where for the last 65 years since independence country men have been tyrannised in the name of State/Country. In a civil society there should be no place for torturing a person who once and once only takes the birth and dies never to return on the earth.. with regrds to our UPA. Govt. and all rightly inclined people for whose efforts such bills are being introduced.