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Prevention of Torture Bill, 2017

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November 03, 2017

Why in news?

The Law Commission of India in its 273rd report has proposed Prevention of Torture Bill, 2017.

What is the bill about?

  • The proposed standalone anti-torture law directly makes the state responsible for any injury inflicted by its agents on citizens.
  • It provides a wide definition to torture including inflicting physical, mental or psychological injury.
  • Punishment for torture, ranging from fine to life imprisonment has also been recommended.
  • It provides for a presumption that injuries of any person in police custody is inflicted by the police action, unless proven otherwise.
  • Courts have been envisioned to provide a justiciable compensation for victims of torture.

What are the implications?

  • Human rights advocates would now be better equipped to pressurise the government to recognize torture as a separate crime.
  • So far, neither the ‘Indian Penal Code - IPC’ nor the ‘Code of Criminal Procedure - CrPC’ addresses custodial torture.
  • The Law Commission has also recommended the ratification of the UN Convention Against Torture.
  • While India had signed the 1997 convention, it hasn’t ratified it yet.
  • Ratification would help overcoming the difficulties in extraditing criminals from abroad.

Source: The Hindu

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