The Law Commission, as part of its 273rd Report, submitted a draft Prevention of Torture Bill, 2017 for the consideration of the government
What are the major recommendations?
Ratifying the UN Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment.
Defining ‘torture’ in a broader way to include any physical, mental or psychological injury.
Considering as torture an injury that is either inflicted intentionally or involuntarily, or even an attempt to cause such an injury.
Amending the Criminal Procedure Code, 1973, and the Indian Evidence Act, 1872, to accommodate provisions regarding compensation and burden of proof respectively.
Inserting a new section in the Indian Evidence Act to ensure that in case a person in police custody sustains injuries, it is presumed that those injuries have been inflicted by the police.
Curbing the menace of torture and having a deterrent effect on such acts through imposing fine and stringent punishment like life imprisonment.
Placing the burden of proof on the authority concerned to explain such injury.
Authorising the courts to decide upon a "justiciable compensation" to victims after considering the socio-economic background of the victim.
Taking into account the nature, purpose, extent and manner of injury, including mental agony caused to the victim for compensations.
Putting in place an effective mechanism to protect victims of torture, complainants and witnesses against possible threats or ill-treatment.
Making State own the responsibility for injuries caused by its agents on citizens as per the idea of ‘liability follows negligence’.
Acknowledges the principle that sovereign immunity could not override the rights assured by the Constitution to an individual.
What is the significance?
Extradition request - India has made many requests for extradition of offenders from other countries.
However, conditions in India’s prisons, especially over-crowding and torture, are a reason for extradition requests failing.
E.g. extradition courts in the UK refused to send two persons to India to face trial, on the ground of ineffective system of protection from torture.
Having an anti-torture legislation in place is thus a practical necessity in India's interest to make countries accede to extradition requests.
Moral Commitment - Custodial violence continues to be prevalent in the country.
Suspects being forced to confess for undone wrongs is a continuing practice against individual right; the most recent instance is the faulty accusation in Ryan school murder case (Click here to know more).
Enacting a law to eliminate all forms of torture and other cruel, inhuman and degrading forms of treatment is thus a moral liability for India.
Ratifying the UN Convention and following it up with a domestic law against torture can give shape to these moral and legal commitments.
