Social Justice

IAS Parliament 7 years

KEY POINTS

· Torture is a form of crudity and a barbarity which appals modern civilisation.

· Torture has not been defined in the Constitution or in other Indian penal laws.

Moral Imperative

· Enacting a law against torture will protect human rights of trial detainees.

· In many cases, detainees were beaten and tortured to make confessions to crimes which they had never committed.

· E.g. A recent incident of a bus conductor being forced to confess to murdering a school child.

· A separate law against torture is imperative to have a check on police excesses, custodial deaths and grave human rights violation in Indian prisons.

· It is ethically important to frame a law to address the compensation issues, as there are no provisions for compensation in any Indian law for such torture and custodial death victims.

· A separate law with provisions for compensation and severe punishment for violators will secure an individual’s right to dignified life and liberty.

Pragmatic necessity

· India has made many requests for extradition of offenders from other countries.

· The absence of an anti-torture law prevent these countries from acceding to India’s requests.

· E.g. Recently, an extradition court in U.K. refused to send two persons to India to face trial, citing a lack of anti-torture law.

· So, it is a necessity, enacting a law to brought criminals abroad before the Indian justice system.

· India signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by UN General Assembly. However, so far it has not been ratified.

· It is imperative that India have to ratify the above convention and enact a domestic law synchronized to the provisions of convention and upgrade its status as a responsible nation in the global arena.

· Meanwhile, forced confession in many cases have dented the image and faith that the people held towards our justice system.

· A law is important to cleanse our tainted system and regain the lost faith.